Berkley is a city that combines small-town charm and big-city convenience. Known for its cozy neighborhoods, excellent educational system, and tight-knit community, Berkley is consistently rated as one of Michigan’s best and safest places to live.
Even in cities that offer a superior quality of life, the risk of accidents continues to be significantly high. When people fail to exercise reasonable care or act recklessly, as they sometimes do, accidents and injuries are inevitable. Thankfully, Michigan has a robust civil justice system that allows you to hold negligent people accountable for their actions and recover monetary damages for your injuries and other losses.
At The Lobb Law Firm, we have a team of highly skilled and dedicated Berkley, MI, personal injury lawyers who can represent you, fight for you, and help you get the compensatory damages you deserve. We bring over 40 years of experience and have a track record of obtaining large settlements and jury awards for our clients. Contact us today to discuss your claim with a hard-working and dedicated Berkley, MI, personal injury attorney.
Types of Personal Injury Claims We Can Handle
Our Berkley, MI, personal injury lawyers have extensive experience handling the following types of personal injury claims.
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Dog bites
- Premises liability claims
In addition, we also have qualified Detroit personal injury lawyers who can handle no-fault claims, social security disability claims, supplemental security income claims, and workers’ compensation claims.
Elements to Be Proved in a Berkley, MI Personal Injury Claim
Under Michigan personal injury law, an injured person – commonly referred to as the plaintiff – must prove the following elements to recover compensation from the party at fault – widely referred to as the defendant.
- The defendant owed a duty of care to the plaintiff.
- The defendant breached their duty of care by acting recklessly or failing to act.
- The defendant’s breach of duty resulted in an accident.
- The plaintiff suffered material damages in the accident.
Filing a First Party Claim vs. Filing a Third Party Claim after an Accident in Berkley, MI
Under personal injury law, a first-party claim is something that you need to file with your own insurance company. In contrast, a third-party claim is something you need to file against the at-fault party’s insurance company.
For instance, if you are injured in a motor vehicle accident, you can file a first-party claim – commonly referred to as a personal injury protection claim – with your own auto insurance company and receive no-fault benefits.
On the other hand, if you are injured in a slip and fall accident, injured by a defective product, or bitten by a dog, you can file a third-party claim against the at-fault party’s insurance company and recover compensatory damages.
It should be noted that if you suffer serious injuries that result in significant disfigurement or impairment of a major bodily function, you can file a third-party claim against the party at fault and recover damages – in addition to receiving no-fault damages from your insurance provider.
What Kind of Damages Can You Recover in a Berkley, MI Personal Injury Claim?
The damages you can recover depend on a wide range of factors, including the severity of your injuries, your age, earning potential, and whether you are physically or cognitively impaired due to your injuries. The economic damages you can recover include medical bills, future medical expenses, rehabilitation, therapy, long-term care, and property damage.
The non-economic damages you can recover include pain and suffering, mental anguish, permanent disfigurement, disability, diminished quality of life, and loss of consortium.
How Does Michigan’s Comparative Fault Law Work?
Michigan follows a modified version of the comparative negligence law with a 51% fault cap. Under the law, you can recover damages from the other party even if you were partially at fault. Your compensation will be reduced based on the extent to which you were responsible for the accident. For example, if your total compensation amounts to $100,000 and you are found to be 25% at fault, you will only receive $75,000.
It’s noteworthy that the rule above is only applicable if your share of fault is less than 51%. If you are found to be 51% at fault, you will not be able to recover any non-economic damages from the other party. You can still, however, recover economic damages, including medical expenses and lost earnings – depending on the severity of your injuries.
Get Our Experienced Berkley, MI Personal Injury Attorneys on Your Side Today
When it comes to personal injury cases, effective legal representation could be the difference between getting the settlement you deserve and walking away with whatever the insurance company decides to pay you. The Lobb Law Firm has a team of highly-rated Detroit personal injury attorneys with more than 40 years of legal experience.
We know how to negotiate with stubborn claims adjusters and get you the settlement you deserve. If necessary, we will take your case to trial to recover total and fair compensation for your injuries and other losses.