Personal injury cases are a result of harm caused by another person. The lawsuits can be caused by car accidents, premises liability, torts, and medical negligence. When you are involved in an accident that causes harm, it is not uncommon to feel confused and lost.
You may want to seek justice, but do not know where to start. Our top lawyers will be answering some of the most frequently asked questions about personal injury. If you need further clarification or need to know more about your injury rights, do not hesitate to contact our law offices.
What Is Personal Injury?
This is a harmful act caused by the defendant intentionally or due to negligence. Contrary to popular belief, personal injury laws do not only apply to car accidents. Some other instances where personal injury law applies include the following:
What Should I Do After a Personal Injury Incident?
Immediately after you are injured, you are required to go to the hospital within 72 hours. A delay in going to the hospital might affect your legal case. At the hospital, ensure you tell the doctor about every issue you have, even if you believe it is minor. What you should try to avoid is exaggerating your symptoms.
If you plan to file a personal injury lawsuit, you will have to collect sufficient evidence that can be held up in a court of law. The first type of evidence required is physical evidence. This can include bloodied clothing and receipts of wheelchair purchases or crutches.
Other types of evidence needed include witness statements, police reports, and medical records. Finally, you need to understand that personal injury cases are complex cases, and you will require the services of a qualified personal injury attorney.
When Should I Contact a Lawyer?
When you are involved in a personal injury incident, the first thing you need to do is seek medical attention. While at it, you need to keep in mind that we have a statute of limitations. A statute of limitations is a law that sets out the maximum time frame for a litigant to initiate a legal proceeding. The legal proceeding can result from injury, negligence, or death.
In Detroit, the statute of limitations for filing a personal injury lawsuit is 36 months from when you were diagnosed with an injury. If you do not file your claim within 36 months, you will lose your right to sue.
Are There Exceptions to the Statute of Limitations?
There are some exceptions to the statute of limitations. One of them is if you were considered insane during the accident. In such a scenario, you are allowed one year for treatment. If you are considered insane, it is assumed that you cannot understand your rights. Therefore, you need to heal first before filing a personal injury claim.
Another exception to the statute of limitation is if you were underage during the accident. The limitations of a minor will start when they reach the age of 18, and even then, they will only have one year to file their claim.
The Gray Area
This arises when the liable party leaves the state. If the responsible party has been out of state for more than two months, it is assumed that you are not able to serve them, and therefore, the statute of limitations does not apply. The law of limitations will apply when the liable party returns to the State.
What Is a Release?
A release is a document that shows you have let go of all your legal claims against the insurer or defendant. There are several types of releases that you need to know. The first is a medical authorization release, which gives the insurance company the right to go through your medical history.
The second release is a Claim and Liability release. This form relinquishes your right to sue the liable parties.
Get in Touch with a Personal Injury Lawyer
Personal injury cases are complex cases, and that is why you should only hire an experienced personal injury attorney. We have years of experience dealing with individual injury cases, collecting evidence and negotiating with insurance companies for a favorable outcome.
If you need help or more information about your injury case, contact Pazner Law offices at 313-822-2244 for a free consultation session. You can also get in touch via the contact form on the website.