Personal Injury Claims
Kreis Enderle attorneys handle many types of routine legal matters, including helping Michigan businesses establish and maintain their operations and working with individuals on estate planning and other family law matters. But some legal needs can’t be anticipated. When you suffer an injury, you may need an attorney to help protect your rights and pursue the compensation you deserve.
The Kreis Enderle team can help you navigate the process of pursuing personal injury cases, including filing and negotiating insurance claims, using alternative dispute resolution tools such as arbitration and mediation, and pursuing a civil lawsuit. Our attorneys are ready to help you with a wide variety of personal injury claims.
Pursuing Compensation for Michigan Personal Injury Claims
Just as there are many different types of personal injuries, there are numerous systems to pursue compensation when another person, company, or product causes you harm. An experienced personal injury attorney can help you understand the options available in your situation, how long you have to act, and how to properly pursue your claims.
Many types of personal injury cases, such as slip-and-fall accidents, animal attacks, and product liability claims, begin by filing an initial claim directly with the responsible party’s insurer. If the insurer doesn’t offer a fair settlement, the injured person may file a complaint and initiate a civil lawsuit.
Pursuing a Michigan Personal Injury Lawsuit
When a party’s negligence, recklessness, or intentional acts cause harm, the injured person may pursue a personal injury lawsuit. As the plaintiff in a lawsuit, they file a complaint with the court alleging that one or more “defendants” should be legally responsible for their damages. The plaintiff must offer a legal reason that the defendant should be liable for their damages and provide evidence proving their claims.
If they win, the court will award monetary damages to compensate them and “make them whole.” These include “economic” damages such as medical bills, lost wages, and other expenses related to the injury, as well as “non-economic” damages such as compensation for pain and suffering. In rare cases, the court may also award “exemplary” damages above and beyond the value of the actual harm.
Many cases are based on a concept called “negligence.” In this type of claim, the plaintiff may recover damages if they prove:
- The defendant had a legal duty to use reasonable care to prevent harm.
- That party breached or failed to meet that duty.
- This failure foreseeably caused the injured person’s injuries.
- The injured person suffered compensable damages.
An important element of a personal injury lawsuit is establishing that the person who caused you harm had a legal duty to protect your safety or avoid harming you. Certain relationships or situations can create this duty. For example:
- Parents and schools are obligated to ensure the health and safety of the children in their care.
- Transportation companies, such as airlines and bus companies, are responsible for the safety of their passengers.
- Drivers on public roadways must follow state and local traffic laws and exercise sound judgment behind the wheel to avoid harming others.
- Businesses and homeowners must take reasonable steps to ensure their premises are safe.
- An animal’s owner is liable if their pet causes injury to others.
- Manufacturers and designers must make products that are reasonably safe for their intended use and warn users about known risks.
Not every injury leads to a lawsuit. Sometimes, there’s simply no legal basis to pursue compensation from anyone for your losses. An experienced attorney can help you understand your options and legal rights based on the facts of your case.
Wrongful Death
A wrongful death claim is a specific type of personal injury case alleging that a party’s negligence caused the death of another person. It is brought by the deceased’s personal representative (a person named in their will or appointed by the court to act in their survivors’ best interests).
Damages in a wrongful death claim can include compensation for the deceased’s medical, hospital, funeral and burial expenses, lost wages, and pain and suffering. Family members can also recover compensation for the loss of a loved one’s financial support and companionship.
Do You Need a Personal Injury Attorney?
Although you can pursue a personal injury claim without a lawyer, hiring an experienced personal injury attorney helps make the process easier and improves your chances of recovering the full amount of compensation you deserve.
An attorney can help you understand your options for pursuing an insurance claim, navigating administrative systems like workers’ compensation, and filing a lawsuit if necessary. They can help you identify who may be legally responsible for your injuries, gather the necessary evidence, and build a strong case to recover the compensation you deserve from every possible source.
Time Limits
Michigan laws limit the amount of time you have to file a lawsuit for personal injuries or wrongful death. Generally, this “statute of limitations” expires three years from the date you were injured or learned of your injury. Medical malpractice claims typically must be filed within two years. However, the facts of your case may extend or shorten these deadlines. Consulting with an attorney can help you understand how to preserve your rights and comply with all the applicable procedural rules.
Why Kreis Enderle for Your Personal Injury Claim?
Some personal injury practices are built around handling as many claims as possible; Kreis Enderle takes a different approach.
Our attorneys provide personal attention and practical counsel tailored to you and your circumstances. You’ll work with attorneys who know you and your case, not simply become another file in a high-volume practice.
As a full-service law firm, we also bring broad legal and litigation experience to every matter. Our goal is to provide the thoughtful, strategic advocacy you deserve.
If you’ve been injured or lost a loved one, don’t hesitate to reach out to the Kreis Enderle team. We offer no-risk contingency fee agreements for many personal injury cases, which means you won’t see a bill unless we recover a settlement or verdict on your behalf.
You trust us with your day-to-day business needs. If you’re injured, trust us to help you figure out your next steps. Contact us today to schedule a free, no-obligation, confidential consultation.
