If you've been injured due to someone else's negligence or wrongful conduct, you may have grounds to pursue a personal injury claim. Personal injury law, also known as tort law, allows an injured person to seek compensation from the party responsible for their injuries. Personal injury cases arise in many different contexts - from car accidents and slip and falls to medical malpractice and defective products. The unifying factor is that the injured person suffered harm due to another's failure to exercise reasonable care. Let's explore what personal injury law encompasses and how it works.

Types of Personal Injury Cases
Personal injury law covers a broad range of situations where one party's careless or intentional actions cause injury to another person. Some of the most common types of personal injury cases include:

• Motor Vehicle Accidents - Car, truck, motorcycle, pedestrian accidents caused by negligent driving.

• Premises Liability - Injuries from slip and fall accidents, inadequate security, dog bites on someone else's property.

• Medical Malpractice - Injuries from negligent medical care by doctors, nurses, hospitals.

• Product Liability - Injuries caused by defective or dangerous products.

• Workplace Accidents - Injuries to employees due to unsafe work conditions.

• Intentional Torts - Injuries intentionally inflicted through assault, battery, false imprisonment.

Negligence
The majority of personal injury cases are based on the legal concept of negligence. Negligence means that a person or entity failed to exercise the proper level of reasonable care, resulting in foreseeable harm to another person. To prove negligence, the injured person must show: 1) The other party owed them a duty of care 2) That duty was breached through careless actions or inactions 3) The breach caused the injury 4) The injury resulted in actual damages For example, all drivers owe others on the road a duty to follow traffic laws and drive attentively. If a driver runs a red light and crashes into another vehicle, they have breached their duty through negligence. If the other driver is injured, they can seek compensation.

Damages in Personal Injury Cases
If negligence is proven, the injured party may be entitled to compensation for their damages. Damages refer to the economic and non-economic losses suffered due to the injury. Common types of damages include:

• Medical expenses - For all injury-related healthcare costs, ongoing treatment, medications, medical equipment, etc.

• Lost income - Recovery of wages and income lost due to being unable to work after the injury.

• Pain and suffering - Compensation for physical and emotional trauma caused by the injury.

• Disability/Disfigurement - For permanent disabilities, scarring, disfigurement and reduced quality of life.

• Exemplary damages - Awarded in egregious cases to punish and deter especially reckless conduct. The amount and types of damages awarded depends on the specific details of each case. More severe, catastrophic injuries resulting in permanent disabilities or impairments warrant higher damage awards.

The Role of Insurance
In most personal injury cases, the negligent party's insurance company is responsible for paying out damages to the injured person. All drivers must carry auto insurance to cover injuries from car accidents. Businesses have premises liability insurance for injuries on their property. Doctors have medical malpractice insurance in case they commit negligence. When an injury occurs, the injured party files a claim against the at-fault party's insurance policy. The insurance company will investigate and negotiate a potential settlement. If a settlement cannot be reached, the case may proceed to trial where a judge or jury will determine liability and damages. It's important to understand that insurance companies want to minimize their exposure and payouts. They may dispute liability, question the extent of your injuries, or make lowball settlement offers. Having an experienced personal injury lawyer on your side levels the playing field against these tactics.

The Statute of Limitations
There are strict time limits for filing personal injury lawsuits, known as the statute of limitations. In Michigan, you generally have 3 years from the date of injury to file a lawsuit. There are some exceptions - for example, the deadline for filing a medical malpractice case is 2 years from the date the injury was discovered or reasonably should have been discovered. If you fail to file your lawsuit within the statute of limitations window, your case will likely be dismissed and you'll be barred from recovering any compensation. That's why it's critical to consult a personal injury lawyer as soon as possible after suffering an injury.

The Personal Injury Lawsuit Process
If settlement negotiations are unsuccessful, the next step is to file a personal injury lawsuit in civil court. This formal legal proceeding allows the injured party to present evidence and argue their case before a judge and jury. The main phases include:

• Discovery - An exchange of information and evidence between the parties through interrogatories, depositions, requests for documents, etc. This allows both sides to build their cases.

• Motions - Preliminary issues or disputes are raised before the judge through written motions and oral arguments. For example, a defendant may file a motion for summary judgment seeking dismissal if they believe the plaintiff's case lacks merit.

• Trial - If the case proceeds to trial, the plaintiff's and defendant's attorneys will present opening statements to the jury. They will then question witnesses, submit evidence, and give closing arguments. The jury will ultimately decide if the defendant was negligent and, if so, how much the plaintiff should be awarded for damages.

• Appeal - If either party believes there were significant legal errors made during the trial that unfairly impacted the outcome, they can file an appeal to have the case reviewed by a higher court.

The litigation process can be lengthy, with some cases taking years to finally resolve. Having an experienced personal injury lawyer is crucial for effectively advocating for your rights and maximizing your compensation at each stage.

NO WIN, NO FEE - GUARANTEED
Attorney Aaron Martinez accepts viable personal injury cases on a contingency fee basis. This means that we don’t get paid unless we are able to recover a settlement or verdict award for you. If there is no recovery, no fees are owed. Our firm will cover all out-of-pocket litigation expenses like filing fees, expert witness fees, deposition costs, etc. These case expenses are then reimbursed to us from the final settlement or court award.

We are proud of our No Win, No Fee Guarantee because our model allows injury victims to access top legal representation without worrying about costs. It aligns the interests of the attorney and client in maximizing the financial recovery.

FREE CONSULTATIONS
If you or a loved one has been injured due to someone else's negligence, consulting with a reputable personal injury lawyer is advisable to understand your legal rights and options for seeking compensation. Attorney Aaron Martinez offers free consultations in person or by Zoom. He will travel to your home or hospital to make sure you get your case started on the right foot. Call Attorney Aaron Martinez today - (877) AARON-4U.