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Personal Injury Attorney in Michigan

By Daniel T. Geherin

If you have been injured as a result of another person’s negligent or criminal conduct in Michigan, building a strong case is crucial to fight for the justice and secure the compensation you deserve. Personal injury cases come from a variety of settings, from auto accidents, assaults, and police misconduct, and the injuries sustained can have a life- altering impact. If this is the unfortunate situation you find yourself in, you shouldn’t delay reaching out for the professional legal counsel of an experienced personal injury attorney in Michigan

Cases We Handle 

We handle cases involving catastrophic injuries which have an element of “criminal wrongdoing” to them, including: 

· Injuries caused by drunk drivers 

· Motorcycle accidents caused by negligent drivers (for riders and passengers) 

· Truck driver negligence/accidents 

· Pedestrian and bicycle accident victims 

· Injuries caused by distracted or texting drivers 

· Dram shop actions (bar/restaurant liability) 

· Assaults/fights resulting in catastrophic injury 

· Boating/swimming/hunting negligence/accidents 

Bringing a Case 

While there are exceptions, an injured person has three years from the time of the injury to bring a lawsuit. Personal injury cases involving damages in excess of $25,000 are filed in Circuit Court, unless the State of Michigan is the defendant. If the State of Michigan is being sued in a personal injury suit and the damages exceed $1,000, the suit will be brought in the Michigan Court of Claims, located in Ingham County. 

Comparative Negligence 

To win your case, and be entitled to damages, you must show that the defendant acted negligently or criminally. A person acts negligently when they conduct themselves in an unreasonable manner or fail to take precautions that would have avoided the injury, which a reasonable person would have taken. It’s common in this type of case for a defendant to attempt to point the finger at the plaintiff by claiming they were at fault for their injuries, in order to reduce or eliminate the damages collectable by the plaintiff. This defense is referred to as “comparative negligence”. 

Michigan has adopted a modified form of comparative negligence, when a plaintiff may still recover personal injury damages, even if the court finds the plaintiff partially responsible. As long as the plaintiff’s negligence is found to be less than 50% to blame for their injury, the plaintiff will be able to recover damages, although their total damages will be reduced by their percentage of fault. If the court finds that the plaintiff is 51% or more at-fault, then economic damages (such as medical bills, and lost wages) will be reduced by a percentage equal to the plaintiff’s share of the total fault. Additionally, a plaintiff who is found to be more than 50% at- fault is barred from recovering non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. 

Economic Versus Non-Economic Damages 

Damages are divided into two categories – economic damages and non-economic damages. Economic damages are exact amounts, these are clearly provable or disprovable, such as medical bills. Non-economic damages are less clear amounts, which are incurred as a result of the event causing injury, such as pain and suffering. The following is a non-exhaustive list of recoverable damages: 

·       Medical bills 

·       Lost wages 

·       Replacement household services during disability (laundry, cleaning, etc.) 

·       Pain and suffering 

·       Emotional distress 

·       Loss of consortium 

It’s important to note that, unlike many states, Michigan doesn’t have a limit on damages in all personal injury suits. However, there’s a cap on non-economic damages for certain types of personal injury claims, such as medical malpractice and products liability. Bringing a strong case to highlight the extent and impact of your injuries, while mitigating your degree of fault, is vitally important to success in personal injury suits, so obtaining the representation of an experienced personal injury attorney in Michigan can make a significant difference in your case. 

Call a Personal Injury Attorney in Michigan Today 

To us, it’s personal. If you’ve been injured as a result of another person’s negligent or criminal conduct, turn to Geherin Law Group, PLLC. We’re available 24/7 and we’ll put our 25+ years of criminal justice experience to work in ensuring you receive  fair compensation. Over the course of his career, Attorney Daniel Geherin has received 265+ 5-star reviews from satisfied former clients, so you can rest assured that your case will be handled with the experience, skill, and individualized care necessary to reach a satisfactory outcome. Contact us at (734) 263-2780. Dan and his team of attorneys and paralegals will fight aggressively and always treat you personally.