| FAQs
We realize that most of our clients often have
no prior experience with the litigation process. Due to the nature
of lawsuits, litigation can be a very emotional and stressful experience
whether the injury was caused by an auto accident, defective product,
workplace injury, medical malpractice, or the wrongful death of
a family member. Therefore, we have provided the following frequently
asked questions and answers for your review; however, please do
not hesitate to contact us regarding
your own potential case and arrange for your free initial consultation
with one of our personal injury attorneys.
What will it cost me to hire an attorney to assist me in a
claim?
Michigan Lawyer Locator, P.L.L.C. represents
its clients on a contingent fee basis. Under this arrangement,
the client pays no fees or costs unless their case is settled
or won.
What should I do if I'm involved in an automobile collision?
If you are involved in an automobile collision,
which was caused by the other party, make sure that the police
are called to the scene of the collision. Protect your legal
rights by never admitting to wrongdoing or apologizing for
your actions. If you are able to do so, simply exchange drivers'
licenses, registrations, and insurance information with the
other driver(s). Ask the law enforcement officer on the scene
if you can fill out a motor-vehicle accident report form.
By having the facts of the accident on file, the law enforcement
officer will document the drivers' version of events, as well
as the law enforcement officer's conclusion. You should also
immediately seek treatment, as some injuries sustained in
automobile collisions are latent, meaning that they are not
readily apparent. Contact your insurance carrier and put them
on notice of the claim. Michigan Lawyer Locator recommends that
you contact an attorney to assist in filing a claim and obtaining
a recovery on your behalf.
What is uninsured and underinsured coverage?
Uninsured and underinsured coverage is coverage that you purchase
under your own automobile policy. Uninsured coverage provides
you protection if you are injured in an automobile accident
and the other party, who is at fault, does not have automobile
insurance. Underinsured coverage provides you protection if
you are injured in an automobile accident and the other party,
who is at fault, does not have enough insurance coverage to
compensate you for all of your damages.
If I make an uninsured or underinsured claim under my own
automobile policy, will it increase my premiums?
In most cases, a claim made pursuant to
your uninsured and/or underinsured coverage will not increase
your premiums. It is the policy of Michigan Lawyer Locator to contact
the client's carrier to confirm this information prior to
advising a client to filing a claim on their own policy.
How long do I have to make a claim for injuries?
In order to avoid dismissal on the basis
of a claim being untimely, a civil lawsuit must be filed within
a specified period of time after the accident or dispute occurred.
Each state and federal court has its own rules concerning
the maximum amount of time that a civil litigant can wait
before filing a lawsuit. This time limit is often referred
to as the statute of limitations. Claim for injuries received
in an automobile accident must be filed within two years from
the date of the accident. Claims for injuries resulting from
medical negligence must be brought within two years from the
date the negligence occurred or within two years from the
date that the patient knew, or reasonably should have known
of the medical negligence. Thus, it greatly behooves potential
litigants to seek the counsel of a lawyer immediately after
an accident or dispute to ascertain available options.
What do I do if I am injured by a defective product?
A person who is injured by a defective product
can recover compensation from the manufacturer or seller of
the product under theories of strict liability, breach of
warranty, and negligence. If you are injured by a product,
be sure to keep the product, including any parts of the product
that may have broken off. Do not attempt to repair the product.
The Court can dismiss claims against a manufacturer or suppliers
of products if the injured party is not able to produce the
defective product for inspection.
The general test for establishing strict
liability in tort is whether the product is defective in that
it is not reasonably safe for its intended use. The standard
of reasonable safeness is based upon what a reasonably prudent
manufacture's standards should have been at the time the product
was made. Once it is shown that the product was defective
when it left the manufacturer and that the defect proximately
caused the injury, recovery is warranted unless there was
conduct by the consumer, which may bar recovery.
What do I do if I am injured or otherwise harmed by a physician?
If you are injured by the negligence of
a physician, you may have a cause of action against the physician.
In order to recover against a physician, a patient must prove
that the physician failed to exercise that degree of care,
skill and learning required or expected of a reasonable, prudent
health care provider acting in the same or similar circumstances
and that such failure was a proximate cause of the injury
or death.
Who can make a claim for wrongful death of a family member?
Only the personal representative of the
deceased person can bring and maintain an action for wrongful
death. The personal representative must be duly appointed
by state.
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