Personal Injury Attorney in Ypsilanti, Michigan

Accidents happen all around us. And, most of the time, you cannot prevent injuries from happening, from auto collisions, and job-related accidents to someone else's negligence. Your health matters most, and recovering from any injury can be an overwhelming experience. Additionally, when an injury is a result of someone else negligence, it can have a deep and lasting impact on your mental, physical and financial well-being.   

At The Law Offices of John R. Bailey, Attorney John Bailey has over three decades of experience pursuing successful outcomes in personal injury claims. Negligence claims can be complex, and in order to obtain the best possible outcome, you need an aggressive and competent legal partner to walk you through the process. He proudly serves clients in Ypsilanti, Belleville, Ann Arbor, Kalamazoo, and Portage, Michigan.

Personal Injury Claims in Michigan 

Determining fault is the critical foundation for any personal injury claim. Because of this, it is no surprise that the most common questions surrounding personal injury claims are about understanding the fault process and how a personal injury claim can hold the negligent party responsible. Before you investigate the circumstances surrounding your injury, you must consider these three key components.  

1. Michigan is a no-fault state. This means that for the majority of automobile accidents, an individual's car insurance will cover costs related to the accident regardless of who was at fault. Although no-fault systems can offer speedy settlements, insurance adjusters often use savvy tactics that minimize settlements in exchange for a quick payment.  

2. Michigan uses the comparative negligence rule. In addition to being a no-fault state, Michigan uses this rule to resolve claims where the injured person is partially at fault. The simple matrix for understanding comparative negligence is: the more you are determined at fault, the lesser the amount of compensation you are entitled to receive. Additionally, if the injured person is more than 50% at fault, damages are altogether eliminated.  

3. Michigan’s statute of limitations. According to Michigan law, a person has three years to file a personal injury claim. Generally, the clock starts at the time of the incident but can reset when an injury is discovered.   

Remember, insurance companies have their own attorneys working hard to pin high levels of fault on the injured party. Because of this, it is never wise to tackle the claims process alone and should only be done with the trusted guidance of a Michigan personal injury attorney. 

Filing a Personal Injury Claim 

Personal injury is a broad legal category. Knowing which type of claim to pursue can be overwhelming and has a significant impact on the ability to be made whole. Along with the guidance of a personal injury attorney, filing a claim against your own insurance is always a reasonable starting place. It’s always helpful to know that you may have a short-term solution to help with your recovery.   

In addition to a claim against your own insurance, a claim may be filed against the at-fault party or entity if they are more than 50% at fault. In order to file against the at-fault person, the accident must have resulted in a loss of long-term income, serious impairment of bodily functions, scarring or disfigurement, or death.    

When claims against the insurance companies or at-fault parties fail to reach a settlement, it may lead to litigation. Litigation is the legal process to resolve disputes through the court system. Although the optimal outcome for all personal claims is a just determination of compensation, it’s not always possible. Through litigation, a judge or jury will ultimately make the final judgment and settle the claim.    

Damages Available 

The actual damages a person may be entitled to vary from case to case. Typically, damages are separated into three categories: economic, non-economic, and punitive.  

Economic damages are exact and based on financial loss. Economic damages can include medical bills, loss of income, and property damage.   

Non-economic damages also have an assigned value but are more subjective in their determination. Examples of non-economic damages include pain and suffering and emotional trauma or distress.   

Punitive damages may be awarded when the actions of the at-fault party created specific dangers or hazards. An injury claim that resulted from an accident involving a drunk driver may result in punitive damages. Punitive damages can be awarded in addition to economic and non-economic damages.