Rosenfeld Injury Lawyers has won million-dollar settlements on behalf of personal injury victims for their pain and suffering. We handle almost every type of personal injury case with no upfront costs to our clients.
Experienced in all aspects of personal injury law, we can help get you the compensation you deserve, guiding you through each step of the process. Read out to find out how our Michigan personal injury lawyers can help or call us today at (888) 424-5757 for a free consultation.
Who Can File a Personal Injury Claim in Michigan?
Personal injury cases are civil actions brought by an injured person against the person or entity who caused them harm. For a case to be considered, the injured party must have suffered serious injuries that resulted in lost wages, medical bills, or significant emotional distress.
Personal injury victims in Michigan can bring forth a lawsuit if someone else’s negligence or disregard was responsible for an accident. For wrongful death cases, the victim’s surviving family can file a claim.
What Is the Basis of Personal Injury Claims?
There are three common grounds for personal injury claims – negligence, intentional harm, and strict liability. Michigan personal injury laws define these as follows:
- Negligence – The failure to exercise reasonable care in a situation where a reasonable person would have taken certain precautions to prevent injury to another. Michigan uses comparative negligence [1], meaning that if accident victims were partially responsible for their own injuries, their potential damages are reduced accordingly.
- Intentional harm – A person knowingly and intentionally causes or intends to cause harm to another through physical force or violence [2].
- Strict liability – In Michigan personal injury law, strict liability means that the person’s intent or mental state is irrelevant to whether they can be held liable. This is most commonly seen in cases of product liability [3], premises liability [4], and dog bite lawsuits [5].
Cases That Our Michigan Personal Injury Lawyers Handle
Our Michigan personal injury lawyers cover various practice areas within tort law. Our legal team can represent your interests and assist you in getting maximum compensation for any of the following circumstances.
Motorcycle Accidents
Motorcycles are one of the most dangerous modes of transportation, as a driver has little protection during an accident. In 2022, there were 3,158 accidents involving a motorcycle in the state [6]; sadly, 173 Michigan motorcyclists lost their lives last year [7].
These accidents can be catastrophic, resulting in fractured bones, traumatic brain injury, paralysis, or death, leaving victims or their family members in need of Michigan motorcycle accident lawyers.
Truck Accidents
In 2022 alone, there were over 16,714 crashes involving trucks in Michigan, 2,759 of which caused at least one injury [8]. Because trucks are much heavier than the average automobile, victims and their Michigan truck accident lawyers often seek claims for very severe injuries, such as broken bones, whiplash, and spinal injuries.
Car Accidents
There were 293,341 Michigan auto accidents in 2022, an increase of 4% from 2021 [9]. Common injuries that our Michigan car accident lawyers seek compensation for include bruises, bone fractures, head injuries, spinal cord damage, and emotional trauma.
Nursing Home Abuse
Over 73,000 older adults in Michigan are the victims of abuse, and many of them experience it in nursing homes [10]. This is often due to understaffing, an issue that plagues a shocking 87% of Michigan nursing homes [11].
Common cases that our Michigan nursing home abuse lawyers help with include bedsores, dehydration, worsening medical conditions, and altered mental states.
Workers’ Compensation
In 2022, approximately 20,000 workers received workers’ compensation, with the most common being in education, health services, and transportation [12]. Common workers’ compensation claims include slips and trips, falls from a height, and repetitive stress injuries.
Product Liability
Product liability refers to an injury caused by a defective, malfunctioning, or poorly designed device. For example, a recent class action lawsuit was brought by plaintiffs in multiple states over contaminated baby formula from the Abbott Laboratories plant in Sturgis, which resulted in the deaths of two infants [13].
Defective Medical Devices
When a medical device is improperly designed, it may cause a patient’s condition to worsen or may result in severe symptoms unrelated to the original injury. Medical device maintenance has turned into a $50 billion industry but is mostly unregulated, requiring no certifications or government monitoring [14].
Dangerous Medications
The FDA strictly regulates medications, but they can still result in serious harm and unintended side effects. We have a team of Valsartan lawsuit attorneys handling cases where the popular hypertension medication caused cancer, as well as lawyers accepting Suboxone tooth decay cases. In a recent example, a Michigan woman died from a rare side effect of the COVID-19 vaccine, which caused cerebral hemorrhage [15].
Medical Malpractice
Medical malpractice can include medication errors, misdiagnosis or delayed diagnosis, failure to treat a known condition, or anesthesia accidents. There were 904 medical malpractice reports in Michigan in 2022, placing the state in the top five for medical errors [16].
Birth Injuries
Insufficient medical care during birth can result in serious injuries to a child, with the most common birth trauma being bruising, clavicle fractures, and brachial palsy [17]. Birth trauma occurs in approximately 2 out of every 1,000 children [18], with some leaving the child with life-altering disabilities.
Premises Liability
If you’re injured on another person’s property, whether that is a private residence or business, you may be able to sue for economic damages. Common cases include slip and fall accidents, drowning, and electrocution.
Dog Bites
State Farm ranked Michigan number three for dog bite claims in 2022, a dubious distinction that results from 178 different insurance claims from victims [19]. This is only compounded by the fact that Michigan law prohibits an insurance company from denying coverage based on the breed of your dog [20].
Wrongful Death
In 2022, 1,123 people died as a result of a car accident in Michigan [21]. Should your family member die as a result of a negligent driver, doctor, or employer, a Michigan personal injury attorney can help you recover both economic and non-economic damages to relieve your financial and emotional burden.
Filing a Personal Injury Claim With Our Rosenfeld Injury Lawyers
When you hire our Michigan personal injury lawyers, we’ll assist you through every step of the legal process, providing personalized attention throughout your case. Here’s what you can expect when you call one of our attorneys.
- Gathering information – When you contact our Michigan lawyers for a free consultation, we’ll gather basic information about you and your case, such as whether you’re calling about a car accident or medical malpractice.
- Case evaluation – Using our legal expertise, we’ll identify whether we think you have a strong case. We work on a contingency fee basis, so you won’t need to spend money to know whether our legal services are the right fit for you.
- Claim investigation – Your Michigan personal injury lawyer will explore the legitimacy of your claim, which can involve looking at witness statements, talking to family members, and examining your legal rights to a claim.
- Identifying case type – Based on the information we’ve found, we will decide what kind of case you have according to local and federal laws.
- Filing a claim – This legally notifies the responsible party that our personal injury law firm intends to take legal action against them.
- Discovery process – The discovery process is when law firms, insurance agencies, and other parties share information with one another so that everyone has all the available evidence.
- Collecting evidence – Our personal injury team will work with other experts to gather as much evidence as possible, such as surveillance footage, medical reports, and Social Security disability claims. We’ll also work on proving negligence by the other party.
- Negotiations and mediation – Before a case goes to trial, we’ll work with insurance companies to get you compensation for lost wages and medical bills. We’ll provide you with personal attention by informing you of how the process is going so you’re never left in the dark.
- Settlement – If the other party agrees to settle out of court, our attorneys will work hard to get you the maximum sum possible based on the evidence.
- Court representation – If we are not able to come to a fair settlement in your personal injury matter, our attorneys will represent you in court proceedings. We will share all the evidence and explain what we feel is a fair settlement based on your physical condition and other injuries, such as PTSD.
Do You Have a Personal Injury Case?
Generally, you will have a personal injury case if you were injured and can prove that the other party was responsible for your injury, either directly or indirectly. Evidence that your personal injury lawyer will look for can include things like doctor’s notes, medical scans, insurance claims, crime scene photos, and police reports.
Proving a Michigan Personal Injury Case
When it comes to personal injury law, Michigan requires a preponderance of evidence. This means that you don’t need to prove culpability beyond a reasonable doubt, but that it’s more than likely that you were injured as the result of someone else’s negligence.
This includes these four components:
- Duty – The defendant had a duty of care to you; for example, in a car accident, they have the duty to follow traffic laws.
- Breach – The defendant breached the duty of care required of them.
- Causation – You were injured as a result of their breach of duty.
- Damages – Being injured resulted in a financial burden, such as medical care or time off work.
How Long Do You Have to File a Personal Injury Claim?
In most instances, you have three years to file a personal injury claim, but there are circumstances where there is a shorter statute of limitations. Our Michigan personal injury lawyers will advise you on the expected timeline.
What Is the Statute of Limitations for Personal Injury Claims in Michigan?
For most cases, it’s three years, but there are certain exceptions, which include the following:
- Medical malpractice – two years
- Nursing home abuse – two years
- Product liability – three years
- Wrongful death – three years from the time of death
- If you want to get no-fault benefits from a car accident, you have one year.
Types of Personal Injury Compensation We Can Help You Recover
Our Michigan personal injury attorneys can assist you in gaining compensation for both economic and non-economic damages. Some examples include:
- Medical expenses
- Loss of wages
- Disfigurement
- Reduced quality of life
- Pain and suffering
- Loss of companionship after a wrongful death
- Permanent disability
How Much Is Your Personal Injury Case Worth?
Every case is different, and the amount you receive depends on a number of factors. Our attorneys will perform a comprehensive assessment and represent your interests to ensure all elements of the case are considered.
Factors That Affect Personal Injury Settlement Amounts
Factors that influence how much you may receive include:
- The extent of your injury – permanent disabilities or death will result in higher settlements.
- Any future medical expenses you may have – we’ll consult with doctors to identify what medical needs you will require going forward.
- The insurance policies available for claims – this includes yours and the responsible party’s.
Settlement Amounts That Our Personal Injury Lawyers Have Recovered
Here are some examples that our law firm has recovered for accident victims and their families:
- $18,500,000 – Head-on semi-truck collision that left the victim with permanent disabilities
- $8,500,000 – Medical malpractice case where the patient died after a routine procedure due to staff negligence
- $5,750,000 – A driver who was crushed in a truck accident while unloading cargo at a distribution center
- $3,500,000 – Workers’ compensation claim for a worker hit by a forklift while loading a truck
How Long Does Settling a Personal Injury Claim Take?
There’s no defined time length for how long it will take to settle a claim, and it can depend on factors such as:
- Severity of injury
- Length of recovery
- Amount of money being disputed
- Complexity of the case
- Admission of liability
In general, though, you can expect it to take from one to two years.
How Much Does a Michigan Personal Injury Attorney Cost?
As we work on a contingency fee basis, there are no upfront costs to worry about. We will deduct our legal fees from the settlement, meaning our law firm doesn’t get paid unless you win.
Contact Our Personal Injury Law Firm If You Have More Questions!
Catastrophic injuries can change the course of your life forever, leading to life-altering injuries and major financial losses. If you’ve been harmed by the negligent actions of a person or organization, you can rely on our Michigan personal injury lawyers to get the justice you deserve.
Call Rosenfeld Injury Lawyers today at (888) 424-5757 for a free consultation.
Resources: [1] Section 600.2959, [2] Institute of Continuing Legal Education, [3] Section 600.2946, [4] Section 390.1124, [5] Section 287.351, [6] Michigan State Police, [7] Michigan State Police, [8] Michigan Department of State Police, [9] Michigan State Police, [10] Michigan Department of Attorney General, [11] Macomb Daily, [12] MiTracking, [13] Reuters, [14] Detroit Free Press, [15] MLive, [16] Becker’s ASC Review, [17] Stanford Medicine, [18] StatPearls, [19] State Farm Insurance, [20] Insurance Information Institute, [21] Michigan State Police
