Personal Injury
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If you find yourself in the unfortunate and challenging situation of a personal injury case, you may wonder what your case is worth. It's a common question that many people ask, and rightfully so. The dollar value of your case can impact many aspects of your life, including medical expenses, lost wages, and quality of life.

Understanding Personal Injury Case Value

Personal injury case values are influenced by various factors, including the severity of injury, medical treatment required, age, fault, damages, and jurisdiction. One of the most significant factors is the severity of the injury and the need for continued medical treatment. The case value may be lower if the injury is minor and requires only a short hospital stay and minimal follow-up care. Conversely, the case value will be higher if the injury is severe and requires extensive medical intervention, including surgeries, rehabilitation, and long-term care.

Calculating Damages in a Personal Injury Case

Damages are essential in determining personal injury case value, including economic and non-economic damages. Economic damages include medical bills, lost wages, and property damage, while non-economic damages include pain and suffering, loss of enjoyment of life, and emotional distress. Calculating non-economic damages can be particularly difficult, as it requires a subjective analysis of the impact of the injury on the individual's life, including the nature of the injury itself, the amount of time the injury will last, and how disruptive the specific injury is to the individual’s normal life. Additionally, jurisdictions may have limits on non-economic damages, further complicating the calculation.

Considerations for Fault and Jurisdiction

Fault can also impact case value, as a plaintiff's recovery may be reduced if they share some blame for the accident. Jurisdiction is another key consideration, as personal injury laws can vary widely from state to state. Some jurisdictions may have caps on damages, while others may allow for punitive damages if the circumstances warrant.

Negotiating for a Fair Settlement

Finally, negotiating for a fair settlement can significantly influence personal injury case value. It is essential to have a knowledgeable and experienced personal injury attorney who can evaluate the facts and circumstances of the case and work to maximize your recovery. Experienced attorneys will understand the nuances of case value, including medical liens, subrogation, and allocation of damages.

Western Michigan Personal Injury Attorneys

At Miller Embury PLLC, we specialize in personal injury cases and are dedicated to helping our clients understand their rights and fight for fair compensation. Contact us today at (888) 224-1239 to schedule a free consultation, and let us handle your case while you focus on your recovery.

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Frequently Asked Questions

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 888-224-1239 today!

  • If a dog bites me, do I have a claim against the dog's owner?
    Yes. Under Michigan law, a dog owner must pay the damages caused by their dog biting someone. This is true even if the dog never exhibited any vicious or violent tendencies prior to the biting incident. Normally, the dog owner's homeowner's insurance carrier will pay the injured person's damages.
  • If I am involved in a boating accident, can I bring a lawsuit against the negligent boat operator?
    Yes. Boating accidents are more common than one might think, especially in Northern Michigan. Much like car accidents, an injured party is entitled to bring a lawsuit against a negligent boat operator. The same is also true if you are a passenger in a boat. You can bring a lawsuit against the boat operator if you are injured as a passenger. Like all personal injury actions, there are specific time limitations that could bar your claim. If you are involved in a boating accident and have sustained an injury, you should contact our firm immediately.
  • If I'm injured at work, what insurance benefits are provided by workers' compensation?
    If you are injured at work, the law requires your employer's workers' compensation insurance carrier to provide you with the following insurance benefits: 
    -The insurance company must pay all of your medical bills.
    -The insurance company must pay your wage loss if you cannot return to work. 
    -The insurance company must reimburse you for the miles you drive to and from your doctors' appointment.
    -The insurance company must pay to retrain you for a different job in the event you are injured so severely that you can never return to your job.
  • If I slip and fall on someone's property or within a store, can I recover damages for injuries I suffered?
    Yes, but only if the landowner was somehow negligent. Unlike auto cases where insurance benefits are provided regardless of fault, in premises liability cases, you must prove negligence to recover damages suffered in a slip-and-fall accident.
  • If I'm in a car accident, can I sue the at-fault driver for my vehicle damage?
    No, except for recovering up to $3000. Generally you cannot recover more than $3000 from the at-fault driver for your vehicle damage. This $3000 recovery is called a "mini-tort." In other words, even if the other driver is negligent and is 100% at fault for causing the crash, you can usually only recover $3000 for vehicle damage. This is why it is so important to purchase collision coverage for your vehicle through your own auto insurance company. If you have purchased collision coverage, your own auto insurance company will pay to repair the vehicle damage.
  • How long after an auto accident do I have to pursue a claim against the at-fault driver?
    Generally, you must file a claim against the at-fault driver within three years after the accident. However, there are exceptions and variations to this rule. You should contact our attorneys as soon as possible after an accident to discuss the issue.
  • If I am injured in a car accident, may I file a claim against the driver who caused the collision even though I have "no-fault"
    Yes. Michigan law permits an injured party to file a claim against a negligent driver. This type of claim is often referred to as a "third-party lawsuit." Under Michigan law, an injured party is entitled to bring a third-party lawsuit for non-economic damages (i.e., pain and suffering) if the injured person has suffered either: a serious injury, a serious and permanent disfigurement, or death. Additionally, in a third-party case you must prove that someone other than yourself was at-fault for causing the accident.
  • If I am injured in a car accident, and I am at fault for causing the accident, am I still entitled to receive insurance benefits
    Yes. Michigan is a "no-fault" auto insurance state. This means you receive insurance benefits even if you were at fault for causing the accident.
  • If I am injured in a car accident and don't have health insurance, will my car insurance company pay my medical bills?

    What about other things such as lost wages if I am unable to work?

    Most likely, yes.  Most auto insurance policies sold in Michigan provide “personal protection insurance” (PIP) benefits.  Under this PIP coverage, your car insurer must pay all of your accident-related medical bills up to the coverage limit amount.  Your auto insurer must also pay your wage loss if you cannot return to work.  It must pay up to $20 a day for someone to do your household chores if you are injured and cannot do them.  It must also pay “attendant care” benefits if you need supervision or nursing-type care because of your injuries.  After the 2019 amendments to the no-fault law, some drivers are allowed to opt out of purchasing PIP coverage.  However, most policies sold in the state still provide at least some PIP coverage.

  • If I am involved in a car accident, do I need to speak with an attorney?
    Yes. To begin, most attorneys will provide you with a free consultation, so it won't cost you anything to discuss your case. There are three reasons why you should speak to an attorney after an auto accident.