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| | 1009 Washington Avenue | Bay City, Michigan | 48708 | 989-892-6551 - Tel | 989-892-1568 - Fax | |
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| 1009 Washington Avenue Bay City, MI 48708-5780 (989) 892-6551 - Phone (989) 892-1568 - Fax info@stplaw.net - Email |
| Personal Injury - FAQ’s What qualifies as a personal injury case? A personal injury case essentially involves a physical or psychological injury resulting from negligent or intentional conduct. Seward, Tally & Piggott, P.C., will discuss questions regarding personal injury claims without charge for the initial consultation. Is there a time limit for filing for personal injury? All legal actions for personal injury are covered by statutes of limitation, which is a law limiting the time legal action may be taken. In Michigan, the general statute of limitations for negligence is three years. The statute for professional negligence or malpractice is two years. There is a short statute of limitations (one year) for claims involving no-fault automobile insurance benefits under Michigan law. It is important to note that the statute of limitations may vary according to individual circumstances and legal counsel should be promptly sought in the event of personal injury. What type of evidence do I need for a personal injury case? Cases involving negligence or malpractice usually require proof of a duty or standard of care; a violation or breach of the duty or standard of care; and a showing of how the violation caused damage or injury. Witnesses to an accident are important in proving liability. Witnesses should be noted so that they may be contacted for statements. In certain cases, such as product liability or malpractice, it is often necessary to establish the applicable duty or standard and the violation thereof by expert testimony. Other important evidence almost always includes testimony of physicians to explain the injury from a medical standpoint, and family and friends to establish the effect of the injury on the Plaintiff. Documents and photographs also may be presented. The attorneys and staff of Seward, Tally & Piggott, P.C., are experienced in assembling the necessary proofs in a personal injury case. How long does it take to complete a personal injury case? The length of each personal injury case varies significantly. Claims that do not result in litigation (contested in a lawsuit) are usually resolved sooner than litigated cases. A litigated case usually will take one or two years and, if the case proceeds to trial, even longer. It is important not to settle a claim until the full extent of the victim’s injuries is ascertained. Once a claim is settled, it is virtually impossible to reopen the matter even if unforeseen serious injuries or complications develop at a later date. How much can I be compensated for my injury and upon what is the compensation based? The compensation of a personal injury case is based in part on economic damages which may include past, present and future wage loss and medical expenses. Another major component is recovery from pain and suffering, which is monetary compensation for the pain, suffering, psychological injury and other losses caused by the accident and injury. Determination of pain and suffering damages is difficult and, if the case proceeds to trial, ultimately rests with the jury. Many cases are settled before the trial and the determination of the amount of these damages is usually reached through case evaluation and negotiation. Since the negotiation of a personal injury settlement is difficult, it is important to have experienced legal counsel involved so that appropriate compensation is received by the injured party. Seward, Tally & Piggott, P.C., has been extremely successful in pursuing such cases with a number of claims resulting in recoveries of over $1,000,000. What are the legal fees for a personal injury case? Personal injury cases are traditionally taken on a contingency basis. The attorney fee is generally one-third of the net recovery, which is the amount realized after expenses of the litigation are subtracted from the gross recovery and reimbursed to the firm. The preceding is provided for informational purposes only. While every effort has been made to ensure accuracy, it cannot be relied upon as legal advice. Applicability of the legal principles discussed may differ substantially in individual situations. Therefore, you should consult with Seward, Tally & Piggott, P.C. |