Often, it feels like there is nowhere to turn after sustaining serious injuries in an accident. Bills may be mounting, and you may feel frustrated as insurance adjusters drag their feet. At the Davis Law Center, Neil Davis and his staff can fight for compensation on your behalf so that you can shift your focus to recovery. We are committed to building our clients’ trust in us, listening to their stories, and informing them about the full scope of their legal options. While we work efficiently on our cases, we will never settle for a less than fair amount, and we will not charge you any fees unless we recover compensation for you. Since you only get one chance to resolve your injury claim, it is imperative that you receive an amount that adequately covers your needs now and in the future.
If you are harmed by someone else in an accident, you may be able to recover damages by bringing a personal injury lawsuit under a theory of negligence. You will need to show that the defendant had a certain duty of care, the defendant breached their duty, the accident was caused by the breach, and you sustained actual damages. The duty of care will vary depending on the circumstances. If a personal injury attorney in the Detroit area can establish the defendant’s negligence, a victim can recover damages for medical bills, lost income, pain and suffering, and many other forms of harm.
Car accidents can be life-altering. In Michigan, you are required to have no-fault insurance on your car. This means that after an accident, you turn to your own no-fault insurance first for payment of your economic losses which may include medical bills, wage loss, assistance with activities of daily living and medical mileage. In order to bring a personal injury lawsuit against the party at fault for the car accident, you need to have suffered a serious impairment of a body function. "Serious impairment of body function" means an objectively manifested impairment of an important body function that affects the injured person’s general ability to lead his or her normal life. There is an abundance of case law interpreting exactly what this means so make sure you retain an attorney that is skilled in this area. In addition, Michigan courts follow the doctrine of comparative fault. This means that what you can recover will be reduced by your percentage of fault, if any. However, in Michigan, if you are over 50% at fault, you will not be able to recover damages against the at-fault driver. Defendants and insurers often raise this issue, so you should retain an attorney who can make sure that your award is not unfairly reduced.Truck Accidents
Due to the sheer size difference between automobiles and semi-trucks, a truck accident may result in catastrophic injuries or death to multiple drivers and vehicle occupants with whom the truck shares the road. All of these people may make a claim against the truck driver’s insurance policy for the harms suffered as a result of the crash. However, there may be insurance coverage limits, so it is important to look at all of the potentially responsible parties. These may include a trucking company, the truck manufacturer, a truck repairperson, and a third-party loader. The appropriate causes of action under which a Detroit personal injury attorney can pursue damages depend on the circumstances. For example, a trucking company may be held responsible under a theory of negligent hiring, negligent supervision, or negligent training. Because of the complexity of these types of crashes, it is important to retain an experience attorney.Motorcycle Accidents
Motorcycle accidents frequently result in devastating injuries for the motorcyclist, even when the driver or other occupants of a car or truck may leave the accident scene without a scratch. According to the Michigan Secretary of State, drivers of cars or trucks are to blame for almost two-thirds of all motorcycle accidents involving a car or truck. If you are involved in an accident with a car or truck, you can make a claim for no-fault benefits against your own insurer. The allocation of fault will not affect your ability to recover these damages. However, if you have serious injuries that meet the serious impairment threshold to go beyond the no-fault system, you may be able to recover damages for pain and suffering in a personal injury lawsuit.Pedestrian Accidents
Pedestrians are particularly vulnerable when walking on a road traversed by motor vehicles. Even a car that is going relatively slowly can cause catastrophic injuries. Often, pedestrian accidents are caused by drivers who are negligently texting, speeding, driving while intoxicated, failing to yield or doing everything in their car except paying attention to the road. If you are a pedestrian who is injured in an accident involving a car, you may be entitled to get personal injury protection (PIP) benefits regardless of fault. A personal injury lawyer in the Detroit area can help you pursue the driver in a lawsuit for negligence if your injuries count as a threshold injury and you can prove the driver’s negligence or other misconduct.Boating Accidents
There are many lakes in Michigan, and many people like to boat recreationally. However, boating accidents do happen, and they can result in catastrophic injuries or even death. Boat owners and operators must behave as a reasonable owner or operator of a boat would behave under similar circumstances. When a boat owner or operator fails to act reasonably, and someone is hurt, it may be possible to recover damages under a theory of negligence. Factors that may affect the analysis of whether a boat operator’s actions were reasonable can include the speed of the boat at the time of the injury, whether the operator was inebriated, whether proper lighting was used, seaworthiness, whether any laws were broken, and whether there were the right number and kinds of flotation devices onboard.Premises Liability (Slip and Fall)
If you slip and fall at someone else’s property, you may be entitled to recover damages in a premises liability lawsuit. Michigan landowners or possessors are obligated to protect invitees from any unreasonable risk of harm posed by dangerous property conditions. It may be possible to recover damages from a property owner either if the property owner created the danger or if they knew or should have known about the danger but failed to warn or repair and the condition itself was not, “open and obvious.” Sometimes a Detroit personal injury lawyer can use the length of time that a dangerous property condition existed to establish a property owner’s constructive notice of the dangerous condition. Dangerous property conditions that may result in a lawsuit include cracked sidewalks, slippery floors, broken rails or steps, hidden potholes, black ice and faulty balconies. The Michigan courts have made these cases extremely difficult and fact specific so it is imperative you hire an attorney that is competent in this area of the law.Dog Bites
Although dogs are known as man’s best friend, they can also inflict catastrophic injuries through dog bites and attacks. Dogs of any breed can bite and cause tremendous harm. When a dog owner does not secure a dog, and the dog bites someone, the owner can be held accountable for damages arising out of the bite. Under MCL 287.351(1), if a dog bites someone while the victim is on public property or legally on private property, the dog owner can be held liable for damages even if the dog owner did not know of any prior viciousness of the dog or even if the dog had never previously been vicious. This is the case even if the victim of the dog bite is on the dog owner’s property. Our personal injury lawyer can help Detroit and all Michigan residents bring claims against dog owners.Workers' Compensation
Generally, if you are injured on the job in Michigan, you will be covered by workers’ compensation. Survivors of people who die on the job in Michigan can also claim workers’ compensation benefits. These benefits include wage loss, medical benefits, and vocational rehabilitation services. It is important to let your employer know about your injuries right away. Prompt notice may prevent arguments that you must have been injured somewhere other than the workplace.Maritime Injuries
Maritime law is an old and highly specialized area of law that covers parties that operate on water. The rights of workers on navigable waters are different from the rights of workers on land. One of the most important pieces of maritime law is the federal Jones Act. The Jones Act allows a crew member to recover compensation from an employer whenever an employer’s negligence, however minor, contributes to the crew member’s injury or illness. There are workers who are uncertain about whether the Jones Act covers them, but even busboys and maintenance workers who are on a boat or another vessel can recover compensation under the Jones Act.FELA Claims
The Federal Employers Liability Act (FELA) was put in place to protect injured railroad workers. This law holds railroad employers responsible for injuries caused by their violations of laws that are meant to protect the safety of railway employees. Ordinary negligence need not be shown. A FELA claim is usually the exclusive remedy for an injured railroad employee. You may be able to recover compensation under FELA if there is proof that your injury was caused, at least in part, by the railroad’s fault.Consult an Experienced Personal Injury Attorney in the Detroit Area
If you are going through the aftermath of an accident, you should put a tenacious advocate in your corner. The Davis Law Center represents people throughout Michigan, including, but not limited to, Detroit, Southfield, Livonia, Farmington Hills, Ann Arbor, Troy, Battle Creek, Flint, Lansing, Jackson, Kalamazoo, Grand Rapids, Lapeer, Brighton, Mount Clemens, and Warren. Call us at 248-865-7740 or complete our online form to set up a free consultation. Remember, we do not charge our clients up front and you owe no fee if there is no recovery.