Personal Injury

There are many ways that personal injury can occur which can lead to a personal injury lawsuit. Personal injury cases arise from motor vehicle accidents, medical malpractice, nursing home abuse, and liability surrounding the use of premises. Usually, the incidents happen because the defendant was negligent of their duties or lacked good judgment in a particular situation. There is not a purposeful intent to harm.

In our everyday lives, it is the responsibility of business and building owners to make the surroundings safe for everyone, and to repair or address any situation that may cause an accident. For instance, floors in a store or shopping mall should have dry and non-slippery surfaces, or walkways should be marked to warn pedestrians.

Drivers should not drive while under the influence of drugs or alcohol, and manufacturers should not design and produce defective products to sell on the market. Overall, it is the obligation of the people and companies whose pathways and products we use to ensure they are not negligent in creating safety hazards that can impact others.

In a personal injury lawsuit, the plaintiff must be able to establish the negligence of the defendant and the failure to provide a certain level of care that was reasonable under the circumstances. The plaintiff must further prove that the care expected was not provided, and that the actions of the defendant were directly related to the injury or damage. In short, the defendant must be proven to be at fault.

In Michigan, the victim has three years to file a claim against a defendant for personal injury, or they have three years from when the event occurred if it was discovered later. In most cases, the plaintiff may have to accept partial responsibility for the injury due to their own actions, and if the plaintiff has more than 50% of the responsibility, the courts can deny any compensation. This is the “modified comparative fault” rule that allows the court to assign partial liability to the plaintiff.

The Law Offices of Cochran, Kroll & Associates have a great deal of expertise in identifying the factors in a personal lawsuit, and they can assist you in cases that include:

We maintain a caring and competent group of legal representatives at Cochran, Kroll & Associates, Inc., to assist you with any kind of personal injury claim or condition. Contact us at cochranlaw.com or call us at 1-866-MICH-LAW (1-866-779-7331) for a free consultation.

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