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What is a personal injury action?
What is a wrongful death action?
What is a product liability action?
What is a medical malpractice action?
What is a contingent fee arrangement?
Can I get compensation if an accident might have been partly my fault?
What if my physical limitations made the accident more likely or made my injuries worse?
How do insurance companies decide how much they'll pay to compensate someone for an injury?
I have just been in an automobile accident. What is the first thing I should do?
Should I tell my version of what happened to anyone or should I "remain silent"?
If I have been injured in a car accident, who will pay my medical bills?
If I decide to sue, will I have to go to court?
What is a personal injury action?
Any injury that was caused by the negligence of another. Personal injury actions require, by their very nature, that someone be injured. Personal injury actions involve the liability of one party to another for harm done to the body, that is, any injury that was caused by the negligence of another. Common personal injury actions involve auto, airplane, motorcycle, boat, pedestrian, bicycle, railroad, falling objects, construction accidents, medical malpractice, legal malpractice, product liability, premises liability, wrongful death, personal injury, uninsured motorist, insurance bad faith, work injuries, slip and fall, and property damage.
Personal injury actions can often be complicated, and given this complexity, an experienced trial lawyer can be an extremely important advisor to any person in the recovery process. The general goal of personal injury actions is to place the blame for the injury on the party who caused it and to require them to compensate the injured for the losses sustained. You are entitled to recover monetary damages for your injuries, including, if applicable, reimbursement of your medical bills, reimbursement for your loss of earnings, recovery for your pain and suffering, and reimbursement for the repair or replacement of your property that was damaged.
What is a wrongful death action?
Wrongful death is a term used to describe the type of lawsuit brought by the surviving relatives of a deceased person, against the person who caused the death to occur. A wrongful death action is separate from the lawsuit that may be brought on behalf of the deceased person (for example, the deceased person's estate) for damages resulting from injuries to the deceased. For procedural purposes, these actions are typically combined into one lawsuit.
The wrongful act may be a negligent or careless act, a reckless act, or an intentional or deliberate act. In a wrongful death lawsuit, the amount of damages can be a very complicated question. Survivors can usually sue for medical bills paid for the care of the person who was injured. Determining the amount of damages, which are generally a large amount of money, requires consideration of what probably would have occurred in the future. The damages that can be assessed may include:
- an estimate of the amount of earnings the person who died would have earned over their lifetime and contributed to the support of the descendant if they had survived
- loss of love, companionship, comfort, affection, society, solace or moral support experienced by survivors due to the absence of the deceased person
What is a product liability action?
The manufacturer of a product has a duty to produce a product free of defects in its design and manufacture. A product may be defective because of a defect in manufacture or design or a failure to adequately warn the consumer of a hazard involved in the foreseeable use of the product. A defect in a product may be a broken or missing part that can be repaired, or a fault of making the product unsuitable for the purpose for which it was purchased or which makes the product unreasonably dangerous. A personal injury lawsuit may be brought when one is injured due to a defective product.
In a products liability case you are entitled to reimbursement of your medical bills, including hospital, doctor, x-rays, medication, and physical therapy. Future medical costs may be recoverable depending on the severity of your injuries. Loss of income, you lose time from work while recovering from injuries. This includes reimbursement for vacation or sick time that you had to use to keep your job. You may also recover for pain and suffering. This depends on the severity of the injury and the nature and extent of medical treatment and recovery.
What is a medical malpractice action?
Medical malpractice is the failure of a medical professional to meet the standard of good medical practice in the care in which the medical professional practices. A medical professional may be a doctor, a nurse, a medical technician, or other health care provider. If the medical professional fails to meet the standard of good medical practice and harm results to a patient, the medical professional may be liable for any resulting damages. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that particular specialty.
What is a contingent fee arrangement?
Contingent fee arrangements in civil cases have long been commonly accepted in the United States, and may in fact be the only practical means by which an individual with a claim can afford to obtain the services of a competent lawyer. "Contingent" means an attorney only collects if there is some type of recovery for the client, typically a settlement or jury award. If nothing is recovered for the client, no fees are paid the attorney. The attorney is compensated for the legal work performed by taking a certain agreed percentage or amount from the recovery, regardless of the time or effort involved.
Can I get compensation if an accident might have been partly my fault?
Even if you might have partly caused an accident yourself, you can still receive compensation from anyone else who was careless and partly caused the accident. The amount of another person's responsibility is determined by comparing his or her carelessness with your own. For example, if you were 25% at fault and the other person was 75% at fault, the other person must pay - through the insurance company - 75% of the fair compensation for your injuries. This rule is called "comparative negligence."
What if my physical limitations made the accident more likely or made my injuries worse?
What if you have a bad knee, which makes one leg a bit unsteady? Or if your eyesight, even with glasses, is not very strong? If you fall on a broken stair, are you still entitled to compensation even though someone with stronger legs or better eyesight might not have fallen? Absolutely. All people, regardless of physical ability, have a legal right to make their way through the world without unnecessary danger. Owners and occupants of property must permit no unnecessary danger to any person who might reasonably be expected to be on the property. The same goes for drivers and everyone else – they must not create unnecessary danger to anyone whose path they might cross.
How do insurance companies decide how much they'll pay to compensate someone for an injury?
Insurance companies and lawyers use a formula to calculate a range of compensation for an injury. In general, an injured person will be reimbursed for:
- Medical care
- Lost income
- Temporary, permanent pain and other physical discomfort
- Loss of family, social and educational experiences
A claims adjuster begins with the medical expenses. then the intangibles – pain and suffering and other non-economic losses – are typically added in by multiplying the medical expenses by 1.5 to 2 times if the injuries are relatively minor, and up to 5 times if the injuries are more significant. The multiplier can go still higher – sometimes as much as 10 times medical expenses – if the injuries are particularly painful, serious or long- lasting. Finally, lost income is added to that amount. Several factors raise the damages formula from the 1.5- times end toward the 5-times end: more painful, serious or long-lasting injuries; more invasive or long-lasting medical treatment; clearer medical evidence of the extent of injuries; more obvious evidence of the other person's fault; and less of your fault.
Will my health insurance coverage or paid sick leave from work limit my compensation for an accident?
Whether you paid for medical care out of your own pocket or your health insurance covered it is none of a claims adjuster's business. The same goes for whether your lost time at work was covered by sick leave or vacation pay. You paid for your health insurance and earned your sick leave or vacation pay; now the insurance for the person who caused the accident has to pay. Your own health insurance, however, may require that, out of your settlement, you reimburse it for some or all of the amounts it has paid to treat your injuries.
I have just been in an automobile accident. What is the first thing I should do?
If you are injured in an accident, it is important to seek treatment immediately. Sometimes serious injuries do not cause immediate pain. If you experience even minor pain after an accident, seek treatment immediately. Remember to obtain the name, address, license number, and insurance information from the other drivers involved.
Should I tell my version of what happened to anyone or should I "remain silent"?
If the accident is serious, or if you are partially or totally at fault in the accident, you should contact a lawyer prior to speaking to anyone, if practical. Your lawyer can review the facts with you to ensure that your statement is clear and factually correct. If necessary, your lawyer can help you fill out any required accident reports and insurance claim forms. You will be asked at some point to provide your version of the accident, often by police if they are called to the scene. Most, if not all states, will require you to file an accident report with the department of motor vehicles. Your insurance company and the other driver's insurance company will also want your version of the accident.
If I have been injured in a car accident, who will pay my medical bills?
Michigan requires drivers to carry automobile insurance. Most insurance policies have "no fault" coverage, meaning that your insurance company will pay your medical bills regardless of who is at fault. If you have health insurance, you may also get coverage under your health policy. Most health care providers will have different billing procedures depending on whether your treatment is being covered by your auto or health insurer.
If I decide to sue, will I have to go to court?
Most injury cases settle out of court. In many cases, it is clear who was at fault in the accident. Upon proper proof of damages and medical documentation, insurance companies will settle the claim without the need for filing a lawsuit or having a trial. However, in some cases, the insurance company may deny liability on a claim and a lawsuit will be necessary.
What happens in a lawsuit?
A lawsuit begins by filing a complaint. The person filing the complaint is called the plaintiff and person against who the complaint is filed is called the defendant. The defendant must file an answer addressing the allegations contained in the complaint and must raise any defenses the defendant may have. The defendant's insurance company will hire an attorney to represent the defendant and will pay any damages, up to the policy limits, that the plaintiff recovers in the lawsuit.
What happens next?
The defendant may submit written questions to you to be answered under oath and may ask you to provide documents. Your attorney will assist you in the preparation of these materials. You may also be called for a deposition, where the defendant's attorney will ask you a series of questions before a stenographer. Your attorney will help you prepare for the deposition and will attend the deposition with you. Your attorney will also object to any improper questions asked during the deposition. Your lawyer will also likely submit questions to the defendant, request documents from the defendant, and conduct the deposition of the defendant. Witnesses to the accident may also be called in for depositions, but this is not usually done in small cases.
What happens at trial?
If the case goes to trial, the plaintiff goes first and presents his or her witnesses, documents and any other evidence which helps prove the plaintiffs case. The defendant then puts on his or her witnesses, documents and any other evidence in defense. The case is then presented to the judge or jury, who decides who wins and, if the plaintiff wins, the judge or jury decides how much money the plaintiff gets.
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