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The Basics of Personal Injury Law

in General

If you’ve been injured and believe you may have a personal injury case, it’s important to move quickly to obtain legal representation. Your attorney will want to get started preparing a thorough investigation of your injury as quickly as possible. An experienced personal injury attorney will know which laws apply, and what compensation you’re entitled to, in order to ensure you get the compensation you deserve.

The basics: liability and damage
Every personal injury claim boils down to two basic issues: liability and damages. Was the defendant responsible for the injury or damage suffered? And what is the extent of the damages being claimed? As the injured party filing the suit, you must prove liability and damages in order to be awarded compensation.

Liability and negligence
Negligence—a failure to behave with the same level of care that most other people would normally exercise in a given situation—is the basis of liability in most personal injury lawsuits. To legally establish a case of negligence, you must prove that the defendant owed you a legal duty and breached that duty, and prove that your injury was caused by that breach.

Determining damages and injury
Winning a personal injury lawsuit requires proving not just negligence, but either bodily harm or harm to property (personal property or real estate/land). A personal injury attorney with help document all physical injury and property damage, determine total damages, and decide what amount of compensation you may be owed.

Automobile accidents and medical malpractice
While automobile accidents make up most personal injury cases, Michigan’s no-fault auto accident laws are designed to discourage lawsuits. Regardless of which driver was at fault, your own insurance company will cover your medical bills, wage replacement, and other expenses, depending on your coverage. If you suffer a serious injury, consult an experienced attorney for a free consultation. Dealing with auto insurance companies and medical providers and correctly submitting claims can be extremely complicated. The right attorney can help you understand which services you’re entitled to from your insurance company, and help you determine if filing a lawsuit is appropriate.

Medical malpractice results when a medical professional fails to act competently, as determined by accepted standards, and a patient is harmed. To prove malpractice, a personal injury attorney would need to show that the doctor failed to diagnose or misdiagnose an illness or condition; didn’t provide proper medical treatment; and/or didn’t warn the patient of the risks of a procedure or prescription. In the case of medical malpractice, there are two kinds of damages that can typically be claimed: general damages (compensation for physical and mental pain and suffering) and special damages (medical bills, reimbursement for lost wages).

The experienced personal injury attorneys at Ladas & Hoopes will fight for your rights for appropriate compensation, regardless of how you’ve suffered a traumatic injury (including being by a dog, suffering an assault, or being in an automobile accident, and so on). They know the Michigan laws inside and out, and will apply them as they relate to your unique case. The sooner you call, the sooner we can start working to get you the compensation you deserve for your personal injury. For more information, contact us today at 231-744-6218. We can help.