In Michigan, injured victims can pursue tort damages against an individual or company that negligently or intentionally inflicted harm upon them. A tort is a wrongful injury claim against someone for causing injury to another. The majority of torts are tried in civil courts. Torts are designed to provide compensation in the form of damages to injured victims (plaintiff) and to deter the party at fault (defendant) from repeating the injurious behavior. Lost income, medical expenses, and pain and suffering are some of the damages recoverable under personal injury claims.
Personal injuries can be both physical and mental. Physical injury may include disability, loss of limb, disfigurement, and the loss of any of the senses. Mental harm may encompass emotional trauma, mental anguish, loss of love and affection, or loss of enjoyment. Whether you were injured in an accident, assault, or because of a defective product, you have the right to seek damages. Personal Injury victims may file a tort based on:
Negligence – an individual or company’s act or failure to act caused injury. Even if the act was unintentional, the defendant is still liable for damages if a person or company causes injury or fails to prevent an injury.
Intentional misconduct – Intentional Acts causing injury to another. This usually involves assault and/or battery and is most usually prosecuted in criminal courts. In addition, most insurance policies do not provide coverage for these types of torts.
Product Liability – Where a product fails to meet certain standards or is defective. If you suffered injury as a result of a defective product or even inadequate labeling, you may sue any or all parties in the manufacturing chain.
Until you or a loved one suffers injury, most people are probably not aware of the Michigan Supreme Court and Court of Appeals’ systematic dismantling of the tort system in the State of Michigan. Recent appellate decisions and legislation now protect drunk drivers that cause serious injuries and death, provide blanket immunity to pharmaceutical companies that sell drugs that kill, and condone and encourage insurance companies to deny valid claims.
Unless the attorney you hire has an expert understanding of these ever changing issues and knows how to prepare and pursue each and every case from start to finish, your ability to receive fair compensation for your injuries will suffer. Because of this and the individual attention that must be given to every case to maximize recovery, we only accept a limited amount of serious injury cases. If you have suffered a serious injury, we would be happy to discuss your case with you. Call (248) 865-7740 or email anytime.