Compensation in Michigan: Personal Injury Accident

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    28-Nov-2014
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Learn more about compensation in a personal injury accident in Michigan in this presentation

Transcript of Compensation in Michigan: Personal Injury Accident

  • 1. COMPENSATION IN A MICHIGAN PERSONAL INJURY ACCIDENT
  • 2. ARE MY INJURIES THE RESULT OF A PERSONAL INJURY ACCIDENT?
  • 3. Slusky & Walt ABE SIEAERSEII INJURY AND DISABILITY ATTORNEYS E X P E R T 3 Some common examples of personal injury accidents include:
  • 4. Slusky & Walt ABE INJURY AND DISABILITY ATTORNEYS . Slip and fall injuries . . Trucking collisions Premises liability injuries
  • 5. _J_r_; _rL)_5_: L/ , l,BLI| :I_I. 3 : }_BI ' 1 _". VII _: "._= i,l_. ;r: _r3rr _T__l"'_K'fl}{MEf.3.': Product liability injuries Medical errors Dog bites Wrongful death GOOD
  • 6. ESTABLISHING FAULT
  • 7. ll I -15 lrx The rst step in determining if you are entitled to compensation is deciding if another party is legally responsible for causing, or contributing to, the accident
  • 8. Slusky & Walt ABE SITES? ?? INJURY AND DISABILITY ATTORNEYS E X P E R T 3 Fault can be based on:
  • 9. Slusky & Walt ABE SITES? ?? INJURY AND DISABILITY ATTORNEYS E X P E R T S Intentional conduct another party intentionally injured you
  • 10. Slusky & Walt ABE SSSSSS? INJURY AND DISABILITY ATTORNEYS E X P E R T 3 Assault is an example of intentional conduct
  • 11. Slusky & Walt ABE SSSSSS? INJURY AND DISABILITY ATTORNEYS E X P E R T S Strict liability the defendants intentions do not matter nor does it matter that the defendant tried to prevent the harm
  • 12. Slusky & Walt ABE SSSSSS? INJURY AND DISABILITY ATTORNEYS E X P E R T S Michigans dog bite statute is an example
  • 13. Slusky & Walt ABE SSSSSS? INJURY AND DISABILITY ATTORNEYS E X P E R T S Negligent conduct most personal injury accidents are based on negligence which requires the victim to prove four elements:
  • 14. Slusky & Walt ABE INJURY AND DISABILITY ATTORNEYS . . Breach of the duty of care . Causation D Damages
  • 15. ECONOMIC, NoN- ECONOMIC AND PUNITIVE DAMAGES
  • 16. Slusky & Walt ABE SSSSSS? INJURY AND DISABILITY ATTORNEYS E X P E R T 3 Economic damages are usually out of pocket expenses such as lost wages, medical bills, or property damages
  • 17. Slusky & Walt ABE SSSSSS? INJURY AND DISABILITY ATTORNEYS E X P E R T 3 Economic damages are easily quantiable
  • 18. Slusky & Walt ABE SESSES? ?? INJURY AND DISABILITY ATTORNEYS E X P E R T S Non-economic damages are what people commonly refer to as pain and suffering damages
  • 19. Slusky & Walt ABE SESSES? ?? INJURY AND DISABILITY ATTORNEYS E X P E R T S Non-economic damages are subj ective and are harder to value
  • 20. Slusky & Walt ABE SESSES? ?? INJURY AND DISABILITY ATTORNEYS E X P E R T S Some factors used when valuing non-economic damages include:
  • 21. Slusky & Walt ABE INJURY AND DISABILITY ATTORNEYS Type of physical injuries . Severity of physical injuries Age and general health of the victim prior to the accident
  • 22. Slusky & Walt ABE INJURY AND DISABILITY ATTORNEYS Future prognosis . Scarring or disgurement Family, career, and social ties of the victim
  • 23. Punitive damages are intended to punish the defendant
  • 24. Slusky & Walt ABE SESSES? ?? INJURY AND DISABILITY ATTORNEYS E X P E R T S As a general rule, Michigan does not allow punitive damages in personal injury accident lawsuits
  • 25. SPECIAL CONSIDERATIONS
  • 26. Slusky & Walt ABE SESSES? ?? INJURY AND DISABILITY ATTORNEYS E X P E R T S Certain types of personal injury accident cases are handled differently
  • 27. Slusky & Walt ABE SESSES? ?? INJURY AND DISABILITY ATTORNEYS E X P E R T S For example:
  • 28. Slusky & Walt ABE INJURY AND DISABILITY ATTORNEYS Auto accidents must follow Michigans no-fault D insurance laws Victims in an auto accident can only le a lawsuit of they are seriously injured In product liabity and medical malpractice lawsuits there is a cap to the amount of non-economic damages avictim may receive for injuries
  • 29. LEARN MCRE ABOUT COMPENSATION IN A PERSoNAL INJURY ACCIDENT IN MICHIGAN
  • 30. EI: ;[j1{; _L; ;;/ kg 2/ 82 Wt; v. v) / ' ' W W N7 .91 I F; L{*LS 1}/ &I. I:t; ).