When you live in Michigan and you have been injured by the negligent or intentional actions of another then you will want the representation of a personal injury lawyer. Michigan personal injury lawyers represent clients in civil suits for money damages against those who have caused their injuries.
In order to be a personal injury lawyer Michigan requires that an individual pass the Michigan State Bar Exam, have scored an 85 on the MPRE and pass the character and fitness requirements of the Michigan State Bar Association. Only then will an individual be sworn in to become a lawyer in the state of Michigan.
Where to find Personal injury lawyers of Michigan?
You can do a basic internet search to find a personal injury lawyer. Michigan personal injury lawyers advertise through web pages, on television, through magazines and newspapers. In addition, if you are looking for a personal injury lawyer, Michigan provides referral and legal aide services for individuals who are lost in a swamp of potential personal injury lawyers. Michigan supplies a free legal aide service to its residents.
The Michigan legal aide service can be contacted by going to www.michiganlegalaid.org to find personal injury lawyers. Michigan legal aid will provide you with access, not only to free legal advice, but will also help you get the forms and documents that you need if you decide to take on the legal action as a pro se litigant. Every citizen of Michigan is entitled to take advantage of legal aide services but only those that meet certain requirements may take advantage of pro bono personal injury lawyers. Michigan requires that an individual seeking free legal representation from legal aide services have an annual income below 125% of the national poverty level. If you need legal aid services you should go to the michigan legal aid website and click on the link at the bottom of the page. That link will display a number of legal aid services situated throughout the State of Michigan that can help you with your case.
The Michigan Bar Association also supplies a referral service for individuals looking for a personal injury lawyer. Michigan Bar Association will ask you to supply certain information including your name, contact information, county, and the extent of your legal problem relating to a personal injury lawyer. Michigan referral services will allow you to meet with one attorney from their database for a low fee of $20. The meeting will consist of a half hour consultation that will permit you to ask the personal injury lawyer questions pertaining to your case and help direct an appropriate course of action.
There are 99 state trial courts in the State of Michigan where you can litigate a personal injury claim either pro se or with your personal injury lawyer. Michigan has 4 appellate courts that are located in different regions of the state. There is one in Detroit, Lansing, Grand Rapids, and Lansing, Michigan. Finally, the Supreme Court of Michigan is located in Lansing, Michigan.
Depending on where you are located, where witnesses are, and a number of other factors you may want to file your claim in one of any of these trial courts. Your Michigan personal injury lawyer will be able to evaluate the pros and cons of litigating in a specific jurisdiction and help you choose the proper venue to file your claim. Filing a claim is one of the most important aspects of litigating a personal injury action. If a personal injury action is filed in an improper court no one is going to tell you. Even though you filed your claim the statute of limitations will continue to toll until it is filed in the proper venue. Your personal injury lawyer will know what courts you will be able to file your claim in and meet the statute of limitations.
Where to find information about litigating in a Michigan court
If you have looked through your options of personal injury lawyers, Michigan provides a plethora of information to help you handle the filing of a claim on your own. Go to www.coa.courts.mi.gov for information on how to file, what the fees are, and the requirements for complaints, answers and other interlocutory documents. The website also provides information on what the court procedures are, court rules, and other specifics that will be beneficial to you and a personal injury lawyer. Michigan personal injury actions clog the court system and it can take years for a personal injury action to proceed to trial and even then there is always the opportunity to appeal the decision.
Settlements & Collecting
Even when a you have won your case and the judgment is finalized it is sometimes difficult to collect on a judgment in court for a personal injury action. Michigan personal injury lawyers know the proper routes to take to collect on a judgment. They can put liens on property; get court orders for the seizure of property; and arrange for garnishment of wages. Michigan personal injury lawyers will also be able to help you when the individual or corporation that you have received a judgment from is on the verge, or has become, bankrupt. When bankruptcy occurs it shields an individual from his, or her, creditors. This includes judgments against them in civil court actions.
Personal injury lawyers will also help you settle. As mentioned above it can take years for a personal injury action in Michigan to come to finality. You will be better off taking a smaller sum now than waiting for years while your medical bills and costs due to inability to work or function properly are adding up and taking a toll on you. A Michigan personal injury lawyer will negotiate on your behalf to settle a Michigan personal injury claim in your best interests.
A Michigan personal injury lawyer is an attorney, in the state of Michigan, who practices in the area known as tort law. Tort law is comprised of civil actions against individuals for their intentional or, most often, negligent actions that result in injury to others. Michigan personal injury lawyers practice in all types of personal injury litigation. If you were injured to to an automobile accident, slip & fall, negligence on the part of your employer, or you were intentionally injured by another then a Michigan personal injury lawyer will help you get the compensation that you deserve to help you pay for medical bills, lost work, pain and suffering and any other costs that are associated with the injury.
A Michigan personal injury lawyer must be knowledgeable about the nuances of Michigan law that make it different from personal injury actions in other states. Some examples of the differing laws that a Michigan personal injury lawyers must be aware of are:
1. Michigan follows the comparative negligence standard when litigating personal injuries. This means that a plaintiff’s recovery is reduced by the percentage of his, or her, fault that led to the injury. For example, if you are in a car accident and you suffer $100,000 worth of injuries due to the negligence of another you will be entitled to $100,000 in damages. However if it is found that you were %20 at fault then you will only recover $80,000. If you are found to be more than 50% negligent in causing your own injury then you will be barred from recovery.
2. For most personal injury claims Michigan has a 3 year statute of limitations from the date that the injury was discovered, or should have been discovered. However, Michigan has different laws when it comes to medical malpractice that occurs during pregnancy or at birth. Under these circumstances Michigan law provides that an individual who has been injured due to the negligence of medical personnel during pregnancy or birth has until their 10th birthday to file a claim for medical malpractice. If the medical malpractice results in injury to the reproductive system that individual has until their 15th birthday to file a claim.
3. Michigan law also has a cap on non-economic damages associated with medical malpractice. As of 1993 that cap was set at $280,000 and $500,000. This cap has been altered every year since to adjust for inflation. The cap on non-economic damages does not, however, affect an award of economic damages.
4. One more distinction in Michigan personal injury law is that Michigan does not represent the “one bite rule.” The one bite rule is a law that allows the owner of a dog to deny responsibility for a first dog bite. The policy is that dog owners are usually not aware of any hidden propensity of a dog to bite another. Once the dog does bite someone then the owner is put on notice and if the dog bites again then the owner may be sued for the injuries. Michigan does not follow this rule. In the State of Michigan if you dog bites someone else you are liable for damages whether it is the dogs first or fifteenth time biting someone.
Why do I need a Michigan personal injury lawyer?
If you have been injured by the actions of another, whether negligent or intentional, you need a Michigan personal injury lawyer. For the reasons stated earlier, a Michigan personal injury lawyer has knowledge of the differences in between Michigan law and those of other states that you, or an attorney outside of Michigan, will be unfamiliar with.
A Michigan personal injury lawyer has the knowledge and expertise to properly litigate your Michigan personal injury action. Depending on how your personal injury claim came about the defendant may, or may not, have Michigan personal injury lawyers provided by their insurance carrier representing them. The insurance companies have experienced teams of lawyers who practice solely in personal injury actions.
A Michigan personal injury lawyer will also have experience practicing in personal injury cases similar to yours. Most Michigan personal injury lawyers practice solely in the area of tort law so when you get representation by a Michigan personal injury lawyer you are getting someone with extensive knowledge of personal injury actions, what strategies to use, the right investigators and expert witnesses to hire, and how to negotiate a lucrative settlement.
Qualifications & Experience
When looking for a Michigan personal injury lawyer you should evaluate the experience and qualifications of each possible representative. There are many resources available for finding Michigan personal injury lawyers from the websites of Michigan personal injury lawyers, advertisements on television, referral services, and legal aide services. You will have a long list of possible Michigan personal injury lawyers who will be willing to represent you. You should only take on those Michigan personal injury lawyers who meet the right qualifications.
Your Michigan personal injury lawyer should be barred in the state of Michigan, in good standing, have no disciplinary actions taken against them, and be a graduate of an accredited law school in the United States. Your Michigan personal injury lawyer should also have a long history of litigation in personal injury actions specific to your case. If you are involved in a dog bite case your Michigan personal injury lawyer should be experienced in litigating dog bite cases. The same for automobile accident cases and medical malpractice cases.
Rates & Fees
Rates and fees associated with personal injury actions are based on a contingency basis. This means that your Michigan personal injury lawyer will not receive a dime in compensation unless you are given an award or a settlement. You will, however, be responsible for the fees that will be associated with your litigation. This includes the cost of investigators, expert witnesses and other costs of litigation including copies, faxes, and sometimes the costs of the attorneys staff will be imposed on the client. When meeting with a Michigan personal injury lawyer you should make sure that you know the fees that you will be responsible for; get them in writing; and get updates on a periodic basis as to how much the litigation is costing you.
