Life can change instantly due to an accident or another’s negligence. The physical pain, emotional distress, and financial burdens that follow can be overwhelming. If you or a loved one has suffered a personal injury in Pontiac, Michigan, it is essential to retain a personal injury lawyer who can help you know your rights and the steps you can take to seek justice.
White Law PLLC is dedicated to standing by you and offering proficient legal representation to ensure that you receive the compensation you deserve. With a commitment to serving our community, we are the advocates you need during these challenging times. Contact us today to schedule a free consultation with a Pontiac personal injury lawyer who will fight for you.
The Basics of Michigan Personal Injury Law
Personal injury law is a complex and nuanced area of law designed to compensate individuals injured due to others’ negligence or intentional acts. Understanding the basics of Michigan personal injury law is crucial if you are considering filing a claim. Here is an overview of the key aspects:
No-Fault Insurance System
Michigan’s no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) insurance, which covers their own medical expenses, lost wages, and other costs after an accident, regardless of fault. This system aims to reduce litigation and ensure that accident victims receive prompt compensation. However, no-fault benefits are limited, and in cases of serious injury, victims may need to retain a personal injury attorney in Pontiac to file a lawsuit against the at-fault driver to recover damages not covered by PIP, such as pain and suffering.
Threshold Injury Requirement
Pursuant to MCL §500.31315, to sue another driver for non-economic damages, such as pain and suffering, after a car accident in Michigan, your injury must meet a certain threshold. This includes death, permanent serious disfigurement, or serious impairment of body function. Serious impairment of body function involves an injury that affects a vital body function and impacts your ability to lead a normal life.
Comparative Negligence
Michigan follows a modified comparative fault rule. This means that if you are partially at fault for your injuries, your percentage of fault will reduce your compensation. If you are more than 50% at fault, you may be barred from recovering non-economic damages, although you can still recover economic damages like medical bills.
Statute of Limitations
The statute of limitations is the time limit within which you must file a lawsuit. If you fail to file within the statute of limitations, you will likely lose your right to sue. In personal injury and wrongful death claims, you typically have three years from the injury or death date to file a lawsuit, while the statute of limitations for medical malpractice claims is generally two years from the malpractice date or six months from when the malpractice was discovered, but no more than six years after the malpractice occurred.
Damages in Personal Injury Cases
In a Michigan personal injury case, you may be entitled to several types of damages. Economic damages include medical expenses, lost wages, and other out-of-pocket costs related to your injury. Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life.
Michigan imposes limitations on non-economic damages in medical malpractice cases. In rare cases where the defendant’s conduct was particularly egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior. Our Pontiac personal injury attorneys will work diligently to recover maximum compensation for your injuries and losses despite the 10 tricks auto insurance adjusters use to decrease settlements.
Your Fight Is Our Fight
Types of Personal Injury Cases We Handle at White Law PLLC
Michigan personal injury law covers a broad range of case types. Our personal injury lawyers in Pontiac specialize in a variety of these cases. Here are the most common cases we handle:
- Car accidents: Michigan car accidents are governed by the no-fault insurance system. However, if your injuries meet the “serious impairment of body function” threshold under MCL §257.58c, you can pursue additional compensation from the at-fault driver.
- Truck accidents: Due to the size and weight of commercial vehicles, truck accidents can lead to catastrophic injuries, often requiring extensive medical treatment and rehabilitation. These cases are complex, involving multiple parties such as the truck driver, trucking company, and possibly vehicle manufacturers.
- Motorcycle accidents: Motorcyclists are at a higher risk of severe injuries in accidents, as they lack the protective barriers of cars. Unlike car drivers, motorcyclists are not covered under the state’s no-fault insurance system, so they must pursue compensation directly from the at-fault party.
- Pedestrian accidents: Pedestrian accidents often result in serious injuries or fatalities due to the lack of protection pedestrians have against vehicles. These cases typically involve determining the driver’s negligence.
- Nursing home abuse: Nursing home abuse involves the mistreatment or neglect of elderly residents, which can result in physical injuries, emotional trauma, and financial exploitation.
- Slip and fall accidents: Slips and falls are common in settings where property owners fail to maintain safe conditions. You must prove negligence by demonstrating that the property owner knew or should have known about the hazardous condition.
- Workplace accidents: Workplace accidents in Michigan are typically covered by workers’ compensation, which provides benefits for medical expenses and lost wages. However, if a third party’s negligence contributed to the accident, you might also pursue a personal injury lawsuit for additional compensation.
- Brain injuries: Brain injuries can have life-altering consequences, affecting cognitive abilities, motor skills, and overall quality of life.
- Dog bite injuries: Michigan’s strict liability law holds dog owners responsible for injuries caused by their pets, regardless of the dog’s prior behavior.
- Burn injuries: Burn injuries can result from various incidents, including house fires, car accidents, or workplace hazards, leading to severe pain, disfigurement, and long-term disability.
- Premises liability: Premises liability cases involve injuries sustained due to unsafe conditions on someone else’s property. Property owners have a duty to ensure their premises are safe for visitors, and failure to do so can result in legal liability.
- Spinal cord injuries: Spinal cord injuries are often caused by traumatic events and can result in partial or complete paralysis. These injuries require long-term medical care and can significantly impact a person’s ability to work and live independently.
- Wrongful death: A Michigan wrongful death claim can help your family recover by allowing you to seek compensation when your loved one has died due to another’s negligence or intentional actions.
- Clergy sexual abuse: Clergy sexual abuse cases involve the exploitation of trust and authority by religious leaders, resulting in profound emotional and psychological harm to victims. Civil lawsuits against the abuser and the religious institution can help clergy abuse survivors and their road to recovery.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
White Law PLLC Can Help You After a Personal Injury Accident
Navigating a personal injury case can be challenging, but with the right legal representation, you can secure the compensation you deserve. A Pontiac personal injury lawyer at White Law PLLC’s thorough understanding of Michigan’s personal injury laws and our commitment to the Pontiac community make us the ideal choice for your legal needs. Contact us today to schedule your free consultation.
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We Exceed Client Expectations.