Personal injury cases are typically based upon evidence of negligence. In Michigan, negligence occurs when one party does not exercise a certain level of care for another and the other person is injured because of it. Of course, if the plaintiff is negligent as well, then the amount of damages that he or she can recover in a personal injury claim is reduced by the degree of his or her own fault.
In a personal injury claim, the plaintiff must show that the defendant owed the plaintiff a duty of care. It must also be shown that the defendant did not fulfill that duty, and that the failure to do so caused an injury which would not have occurred if the duty had been met. The plaintiff must also show that he or she was injured and suffered some sort of loss.
All of the elements are required to successfully navigate a personal injury lawsuit. For example, imagine that the plaintiff can show that the defendant did not meet a duty of care owed to the plaintiff. This is not enough to prove the defendant was negligent. The plaintiff must also show that he or she suffered an injury that caused the plaintiff to sustain monetary damages.
Those who have been injured Michigan because of another’s negligence may be confused about their legal rights. In such cases, a personal injury attorney can offer advice regarding applicable laws and local court procedures. With the guidance of the personal injury lawyer, the victim can make an informed decision about how to proceed in order to seek compensation for monetary damages.
Source: findlaw.com, “Michigan Negligence Laws“, Accessed on June 14, 2017