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FREQUENTLY ASKED QUESTIONS (FAQ) FOR MICHIGAN PERSONAL INJURY ATTORNEYS

Published by Bill Laubscher at October 3, 2023

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If you are injured as a result of someone else’s negligence, hiring a Michigan personal injury attorney is a wise decision. Research shows plaintiffs represented by lawyers receive larger settlements than those who handle their own claims. Nevertheless, because personal injury law is complex, many people want more information before deciding to take legal action. As a result, personal injury attorneys answer numerous queries from prospective clients on a variety of topics. Here are the most frequently asked questions about personal injury law.

Do You Have a Case?

WHAT IS A MICHIGAN PERSONAL INJURY CLAIM?

A personal injury claim may be filed when a person is harmed, physically and/or psychologically, as a result of another party’s negligence. In legal terms, this means an individual or business breached their duty to use reasonable care, such as a landlord who neglects to fix a broken step, a manufacturer who produces a defective product or a distracted driver who hits a pedestrian.

WHAT ARE THE MOST COMMON TYPES OF PERSONAL INJURY CASES?

Any situation where someone is injured as a direct result of another party’s negligence may be grounds for a personal injury claim.

Here are the most common types:

Car and truck accidents
Motorcycle accidents
Bicycle accidents
Pedestrian accidents
Dog bits
Slip and fall accidents
Nursing home abuse
Medical malpractice
Asbestos or mesothelioma
Birth injuries
Defective products
Harmful medical devices
Sexual harassment or assault
Wrongful death

WHAT DOES IT COST TO HIRE A MICHIGAN PERSONAL INJURY ATTORNEY?

Personal injury lawyers work on a contingency basis, which means they take a percentage, usually one-third, of the settlement or trial verdict. Reputable personal injury attorneys do not ask clients for up-front fees or retainers. Instead, they are paid after a case is resolved, deducting their fee along with certain case-related expenses from the final settlement.

DO PERSONAL INJURY LAWYERS CHARGE UP-FRONT FEES?

Reputable personal injury attorneys typically do not collect payment until a case is over. If a personal injury lawyer requires a retainer or up-front fee, prospective clients should view this as a red flag and find another law firm.

ARE THERE OUT-OF-POCKET EXPENSES IN A PERSONAL INJURY LAWSUIT?

Personal injury attorneys are paid out of the compensation the client receives after the case is won. At this time, most lawyers also deduct the out-of-pocket expenses incurred while the case was ongoing.

Out-of-pocket expenses for a typical personal injury case may include:

Filing fees
Mileage/travel expenses
Photocopying documents
Obtaining medical records
Expert witness fees
Postage
Hiring investigators
Deposition costs

WHAT HAPPENS IF I LOSE MY PERSONAL INJURY CASE?

This depends on the policy of the individual lawyer or firm. Many firms do not charge a client if they fail to recover any compensation. However, some firms require clients to pay for out-of-pocket expenses such as filing fees, expert witnesses or court costs. Make sure you find out your lawyer’s policy at the beginning to avoid costly surprises.

WHAT IS A TYPICAL SETTLEMENT FOR A PERSONAL INJURY CASE?

Because every personal injury case is different, there is no “one size fits all” settlement. Compensation is determined by many factors that vary according to the individual circumstances of each claim. Generally, compensation will be higher when the injuries are severe, long-lasting or permanent.

An experienced personal injury attorney may be able to provide a broad estimate of how much you can expect based on similar cases they have won.

WILL I RECEIVE DAMAGES FOR PAIN AND SUFFERING?

Most serious injury cases include compensation for intangible losses such as pain and suffering, also known as non-economic damages. However, qualifying for these damages requires extensive documentation of the victim’s medical condition and future prognosis. An experienced personal injury attorney knows how to obtain, evaluate and compile the necessary information and present it in a compelling way that results in a successful outcome.

CAN I SUE IF I WAS PARTIALLY AT FAULT FOR THE ACCIDENT?

Michigan follows the doctrine of “modified comparative negligence,” which means a settlement may be reduced by the percentage of fault assigned to the plaintiff.

Here’s an example of the way modified comparative negligence works in a personal injury case:

Suppose an attorney negotiates a settlement of $100,000 for a slip and fall accident. However, the plaintiff is found to be 30 percent at fault for failing to see a patch of ice because they were texting on a cell phone. In that instance, the settlement would be reduced by 30 percent, and the plaintiff would receive 70 percent of the total amount (minus attorney fees).

In addition, plaintiffs who are more than 50 percent at fault cannot receive non-economic damages such as pain and suffering.

HOW LONG WILL IT TAKE TO RESOLVE MY CASE?

Many factors determine how long a case takes after a claim is filed. However, an experienced car accident lawyer can often provide an educated guess about the timeline. In general, cases involving catastrophic injuries, life-threatening illnesses or wrongful death take far longer than less complicated claims where the damages are not as severe.

WHAT HAPPENS IF A CASE GOES TO TRIAL?

While the majority of personal injury cases settle out of court, it is important to hire an attorney with trial experience and familiarity with local courts and procedures. Furthermore, attorneys who are willing to go to court when necessary are usually stronger negotiators. Ask a prospective lawyer about their courtroom experience, including results, with cases similar to yours.

WHAT IS THE TIME LIMIT FOR FILING A PERSONAL INJURY LAWSUIT?

The time limit, or statute of limitations, for filing personal injury claims in Michigan is three years from the date of the accident or event that caused the injury or illness. Additionally, the deadline is extended for injuries or conditions that are not discovered until weeks, months or, in some cases, years later. There are also exceptions for minors, injuries that occur on government property and certain other situations. A knowledgeable personal injury will ensure every claim is filed according to the legal deadlines for each specific case.

WHY SHOULD I HIRE A MICHIGAN PERSONAL INJURY ATTORNEY?

There are many reasons to hire a personal injury attorney if you are injured as a result of someone else’s negligence. Most importantly, research shows plaintiffs represented by attorneys receive larger settlements than those who handle their own claims.

Below are some of the many other benefits and services an experienced lawyer provides:

Ensuring required forms are completed and filed according to legal deadlines and other specifications
Obtaining and evaluating medical records and other supporting documentation
Handling every detail of a case from beginning to end so the victim can focus on recovering
Providing the necessary legal expertise and resources to build a winning case
Negotiating with the at-fault party or their insurance company on behalf of the client
Knowing what it takes to win the maximum amount of compensation, including non-economic damages (pain and suffering) and money for future needs
Collecting attorney fees and other expenses only after the case is won
Arguing convincingly before a judge and jury if the case goes to trial
Helping car accident victims obtain No-Fault benefits such as lost wages, replacement services and excess medical expenses in addition to intangible damages such as pain and suffering

WHAT IS A NO FEE GUARANTEE®?

For more than 50 years, the Sam Bernstein Law Firm has offered our No Fee Guarantee® to every client. It’s a promise we made when our firm began and continue to uphold today. The terms are straightforward and they apply to every case we take.

We don’t get paid until we win.

If you do not receive compensation after your case is resolved, neither do we.

It’s that simple.

CALL OUR EXPERIENCED MICHIGAN PERSONAL INJURY ATTORNEYS TODAY!

Whether you were injured by a distracted driver, a neighborhood dog, a defective product or a negligent physician, we can help. Our highly-qualified personal injury attorneys will protect your rights and win the compensation you and your family deserve.

Personal injury law is complicated, but finding the right personal injury attorney is simple.

Don’t let the legal clock run out. Start your case today by clicking the link below or calling 1-800-CALL-SAM for a free, no-obligation consultation with a member of our legal team.

Help is just a click away®.

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