People are injured every day in accidents that weren’t their fault. If you live in Michigan and have been injured in an accident, I can provide you with the representation you deserve. My team is here to help answer some of the most frequently asked questions regarding personal injury claims.
– Dave Hammond
What is a Personal Injury Lawyer?
Accidents can occur for a variety of reasons: bites from unleashed dogs in public spaces, distracted or impaired drivers, slips and falls outside of businesses, or accidents that happen in hospitals, such as wrongful death or childbirth complications.
A personal injury lawyer can represent you in these otherwise preventable accidents. They will investigate your claim to prove the accident resulted from someone else’s negligence. The individual responsible for the accident should be held liable for your medical bills, injuries, mental state, and any future or ongoing expenses directly related to the incident. Your personal injury attorney can help get you the compensation you deserve in a personal injury claim.
A personal injury case involves harm to a person’s physical or emotional well-being. These cases focus on the person responsible for the accident, their negligence, and their responsibility for the damages. The parties work to determine who was at fault for the accident and the extent of the damages to ensure that the injury victim is adequately compensated for the damages incurred.
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Why Hire a Personal Injury Attorney?
There are three primary reasons to hire a personal injury attorney:
If your injuries require months or even years of treatments or therapies, you may wish to contact a personal injury lawyer to ensure that your future medical bills and lost wages are covered.
If the insurance company or other party denies liability or states that liability is unknown, it could be in your best interest to consult a personal injury attorney.
Insurance companies employ a team of legal experts to help keep claims to a minimum, so it may be financially prudent to discuss your case with a personal injury lawyer who has your best interests in mind.
A personal injury lawyer can also help you navigate complex circumstances while protecting your rights and getting you the settlement you’re entitled.
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How is a Personal Injury Case Settled or Won?
A negotiated settlement will start with an initial offer from the at-fault party. You may accept the settlement offer, deny it, or counter-offer with a figure of your own. Our Hammond Law Firm PPLC, personal injury lawyers, are skilled in negotiations to get you a top settlement offer. Once a settlement has been negotiated and all parties agree to the offer, the case is considered settled, and the plaintiff will receive payment.
The case may go to a jury trial if a settlement cannot be agreed upon. Each side can state their case before a judge and jury. A jury trial may include witness testimony, cross-examinations, and rebuttals. Once all facts have been shared, the jury will examine the evidence and deliberate to determine the at-fault party and whether or not any compensation is required. This process can take hours, days, or even months.
The jury will present their verdict, and if they rule in favor of the plaintiff, an amount for compensation. The judge can agree with the jury’s award or grant a new trial for various reasons. If the jury determines the plaintiff is partially at fault, they may reduce the award by a percentage to reflect that fault.
Arbitration and mediation can also be used to settle a personal injury case. Arbitration involves an impartial intermediary who listens to arguments on both sides and issues a binding agreement to resolve the issue. The intermediary is often a retired lawyer or judge approved by both sides.
Mediation is similar because it involves facilitating a third party to decide the case. The difference between arbitration and mediation is in the agreement process. For arbitration, neither party has to agree with the intermediary’s decision to be final, whereas, in mediation, both parties must agree to the resolution.
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What Are Common Personal Injury Cases?
Injuries can be caused by a variety of accidents, including those caused by another’s recklessness or negligence. You can pursue a personal injury case if another party is at fault. Examples of personal injury cases handled by Hammond Law Firm PLLC include:
- Car accidents.
- Truck accidents.
- Motorcycle accidents.
- Bicycle accidents.
- Injuries that occur during childbirth.
- Accidents involving pedestrians.
- Dog bite accidents.
- Premises liability.
- Product liability.
- Slip and fall accidents.
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What Kind of Damages Can You Seek for Personal Injury?
In Michigan, plaintiffs can seek three types of damages via personal injury claim:
These damages cover medical bills, medications, lost income, property damages, rehabilitation services, therapies, and transportation to and from medical appointments. These damages cover current and future losses.
Non-economic damages are more challenging to quantify and include mental health issues, loss of enjoyment in life activities, pain and suffering, anxiety, insomnia, physical deformities, and inconvenience.
If the accident was caused by gross negligence or determined as intentional, you might also receive punitive damages. This compensation is in addition to monies required to cover your economic and non-economic damages to further punish the at-fault party for their negligence.
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How Much Is Your Personal Injury Case Worth?
There isn’t one answer to this question, as each personal injury case is unique. Many factors are considered when calculating damages. Economic damages are typically easy to calculate because they have defined amounts. Non-economic damages consider the length of medical treatments, severity of the injuries, circumstances surrounding the case, and medical treatments required. Insurance companies use over 70 factors to calculate the value of your personal injury case, including the amount of insurance coverage available.
If your personal injury case stems from an auto accident, it’s important to note that Michigan is a no-fault state. This means that your vehicle’s no-fault insurance will pay for your medical bills, lost wages, replacement services, and any damages caused to other people’s property without concern for who caused the accident.
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How Can a Personal Injury Lawyer Help You?
Personal injury attorneys can help with various tasks involved in the legal process of filing and pursuing a personal injury claim. From the moment we take your case, we’ll work to get you the compensation you deserve. Some of the ways we can help you with your personal injury case include:
We will thoroughly investigate your accident to determine if your personal injury claim is viable.
We will work to gather evidence and statements to support your case.
The at-fault party will be named for your injuries caused by the accident, along with potential sources of compensation, including any insurance companies.
You can receive legal advice on filings, proceedings, etc., to help your personal injury case.
Personal injury cases can involve a tidal wave of paperwork, which we will help you complete and file.
We can help establish a solid legal argument to demonstrate the extent of your damages as well as the at-fault party
Insurance companies often negotiate for a settlement, and we can help you get the best offer possible by aggressively pursuing a fair compensation package.
If your case goes to court, we can help you prepare for the process from start to finish.
One of the most significant advantages of hiring a personal injury attorney is that we will vigorously advocate to the jury and judge on your behalf. The defendant will have legal representation available to keep claims low. It’s best if you have an attorney in your corner to go up against the legal team of a large insurance company.
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What Is the Standard Fee for a Personal Injury Attorney?
Hammond Law Firm PLLC collects fees only after you win your case. These fees are one-third of the settlement or the judgment plus reimbursement for any costs associated with your case. These costs include document fees for medical records, filing fees, deposition or expert fees, and more. You do not pay any fees unless we recover damages via a settlement or judgment on your behalf. Hammond Law Firm PLLC puts up all fees to start your case, meaning you have zero up-front fees.
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Personal Injury FAQs
You have up to three years from the date of the accident to file a personal injury claim in the state of Michigan. Talk to your personal injury attorney to ensure you haven’t missed critical deadlines for your case.
The length of your personal injury case includes many factors, including the severity of your injuries, whether liability is contested, and the amount of damages you seek. Most personal injury claims are settled within a few months when liability isn’t contested; however, it can take much longer if the defendant contests damages or liability. Some personal injury cases can take up to one to two years for a jury trial.
The simple answer to this question is no; however, it is highly recommended that you consult with a personal injury attorney on your personal injury case. The insurance companies you’re going up against will have a legal team at their disposal to keep payouts to a minimum. It would help to have someone to fight for your rights and compensation to get you top dollar.
Yes, you can receive compensation if you’re partially at fault for your accident. Michigan follows a modified comparative fault rule as long as you are no more than 50% at fault for the accident. Damages will be assessed based on the percentage you’re found to be at fault.
Filing a personal injury claim can be a complex process. Contact Hammond Law Firm PLLC to let our experts get started on your claim today. We will help you complete all the necessary paperwork and file it to get you on your way to compensation.
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Contact Dave Hammond for Your Personal Injury Claim Today
Dave Hammond has been your local personal injury attorney for more than 25 years. He offers a free consultation and case evaluation, and there are no fees unless he recover damages on your behalf. Call Dave today at 517-552-9577 in Livingston County or 248-202-7800 in Oakland County. You can also complete my secure online form to request a free legal consultation. “When you call, I answer.” You won’t find an answering service, paralegal, receptionist, or customer service specialist conducting your consultation. All consultations are conducted directly by me, Dave Hammond of Hammond Law Firm PLLC.