Many times, when a person gets hurt in an accident, it is no one’s fault but their own. In these cases, recovery is up to that person alone. When it is not your fault, another person or entity may be responsible, and finding an experienced Oakland County personal injury lawyer for help may be the key to recovery. Whatever type of accident it was or however it transpired, you can file a claim through a personal injury lawyer in Oak Park to recover compensation.
The problem is this: Some people don’t think they need a lawyer. They think filing a claim with the insurance company is enough.
Though that may be true in some cases, it is important to remember that insurance companies are for-profit entities. Their priority is profits, and that is true even if you are insured. Only a committed, experienced Oakland County personal injury attorney will advocate for your rights and represent your best interests.
At Goodman Acker, our priority is you. We take care of our community members in Oak Park and throughout Michigan. Our Oak Park personal injury attorneys fight for your compensation — we do not settle unless it is in your best interests. Our 99% success rate for cases we conclude is a direct result of our commitment.
Goodman Acker is not your ordinary law firm. We focus solely on personal injury law. We are empowered with legal insight that only comes from experience, and experience is what we have.
We have built relationships and developed extensive resources. We know all the tricks insurance companies may try to use to minimize or avoid a payout. We can also handle the types of personal injury cases other attorneys do not handle because they do not have the talent or resources to handle them.
At Goodman Acker, we rise to the challenge and use our collective knowledge, skills, and resources to ensure our Oak Park community members recover what’s fair and just. Our reputation testifies to our commitment.
Plus, we offer free initial consultations. This allows us to learn more about your case and give honest responses to all your questions. As it is, personal injuries are already traumatizing. You may not be able to work while you recover.
You may not know how you are going to pay your bills. You may think your life cannot get any worse. We will not add to your stress. We will be straight with you. And we will do what we can to minimize the pain you are already enduring.
Rest assured, with Goodman Acker, if you have a personal injury claim in Oak Park and want to move forward with it, we will work hard so that you can regain your life.
“Personal injury” is a legal term that can be defined as a case that involves harm to the body and/or emotional wellness of a person due to another person or entity’s wrongdoing. At least one plaintiff pursues a case for recovering damages from at least one defendant.
Through litigation, interested parties work to discover who is responsible for the injuries, calculate the extent of the damages, and compensate the victim for those damages.
Insurance claims, on the other hand, do not involve the courts. When a person is injured, they file a claim with an insurance company, either their own or the insurer representing the negligent party.
Depending on the type of accident, a claim may be filed against an auto insurance policy, a homeowner’s or property owner’s policy, a renter’s policy, or a professional liability policy.
Typically, an insurance claim is filed first. A personal injury lawsuit can be filed if a fair settlement is not reached. One of our skilled personal injury attorneys in Oak Park will make sure a strategic, well-supported personal injury claim secures your rights and interests.
In Michigan, the law allows injured parties to seek compensation for the damages they suffer. “Damages” in a personal injury case include the financial expenses and non-economic harm that results from an injury.
Most damages that result from a personal injury incident are medical expenses and property damage. When an injury is expected to last for an extended period or contribute to long-term expenses, litigation attempts to project the total costs of the incident.
Of course, there are other costs that can result from an injury that is neither medical nor property related. Pain and suffering and emotional distress are non-economic damages that a personal injury claim can recover.
In rare cases, punitive damages (also known as exemplary damages) may be recovered if the liable party acted with malice or willful disregard for the victim’s rights.
In general, a person injured by another person’s negligence may be able to recover any or all of the following:
Quite understandably, people have lots of questions about a sudden and unexpected personal injury or illness diagnosis. At Goodman Acker, we take as much time as needed to answer all your questions.
How long do you have to file a personal injury claim in Oak Park?
Usually, the statute of limitations on injury cases in Michigan is three years. A different SOL applies in some cases, such as injuries caused by defective residential real estate improvements (six years) and medical malpractice claims (two years).
The SOL is one of the oldest kinds of tort reform in the world. These laws mostly protect defendants from old lawsuits that, from their perspective, are difficult to defend. A rash of tort reform laws in Michigan has made this environment worse.
For example, in most cases, Oakland County courts do not use the discovery rule. This common law rule expands the SOL if the victim did not know about an illness and was unable to connect that illness to a tortfeasor’s (negligent party’s) wrongful conduct.
Toxic exposure illnesses are a good illustration. Sicknesses like cancer often have exceedingly long latency periods, more than fifty years in some cases. Michigan law effectively bars these claims.
The discovery rule is only available if the legislature expressly authorizes it. Lawmakers have outlawed the discovery rule in negligence, product liability, and most other standard injury cases.
However, these victims may still have legal options. Only an Oak Park personal injury lawyer can make such a determination.
How does Michigan’s no-fault law impact my personal injury claim?
The no-fault law only applies to car crash cases. These victims are limited to economic losses, mostly property damages, unless they sustain serious injuries, usually a serious impairment of bodily function. Michigan law defines this phrase as:
While more specific than the old one, this definition is still somewhat subjective. For example, there is a difference between a serious and permanent impairment. Indeed, the law sets no time restrictions.
Technically, the serious impairment might only last an hour or two. However, noneconomic damages, like compensation for emotional distress, are very limited in such cases.
Death or permanent serious disfigurement, usually a scar or other issue on a visible part of the body, are also serious injuries in Michigan.
The no-fault law has no effect whatsoever on dog bites, falls, swimming pool injuries, or any other non-car wreck personal injury claim.
For what types of accidents can I file a personal injury claim?
Though Michigan now limits personal injury lawsuits to motor vehicle cases, you can still sue when necessary and in accordance with the law. You are still permitted to sue for full and fair compensation for injuries sustained in other types of accidents in Oak Park, such as but not limited to the following:
How do I know I have an Oak Park personal injury claim?
That is what we at Goodman Acker are here for. We will help you understand, at no cost to you, whether you have a personal injury claim. In brief, however, you may have a personal injury claim if:
How much is my personal injury claim worth?
Deciding how much a personal injury claim is worth is not a one-time decision. Instead, it is a process that begins with evidence collection.
Proof in personal injury claims usually includes the police accident report, if there is one, medical bills, and witness statements, if any. This evidence, by itself, may not be enough to obtain maximum compensation.
Witness statements are a good example, especially in a fall injury claim. If Terry falls down the stairs, owner negligence, like a loose handrail, might have caused that fall. Then again, Terry might have tripped over his own feet, or someone may have pushed Terry down the stairs.
Michigan has a very broad res ipsa loquitur rule. Typically, jurors may presume that negligence caused a fall or other injury if the defendant had complete control of the area and negligence normally causes such injuries.
Evidence determines economic and noneconomic damages. To determine emotional distress and other noneconomic damages, most Oak Park personal injury lawyers multiply the lost wages, medical bills, and other economic losses by two, three, or four, depending on several factors, such as the amount of evidence in the case.
The settlement value is like a used car’s asking price. There is almost always give and take during purchase negotiations, or settlement negotiations in personal injury claims, there is almost always some give and take.
If you need an Oak Park personal injury attorney, contact our team online or at (248) 286-8100. Our risk-free, no-obligation consultation will help determine whether you have a claim. If so, we will outline what we can do for you.