A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident. Where an accident is the fault of another person, an accident victim is entitled to monetary compensation from the person whose negligent conduct caused the injury.
In many cases, including those listed below, the negligent person may have insurance to provide such compensation. Because the insurance company is acting on behalf of the negligent person, it is important that all accident victims contact an attorney before discussing a case with an insurance agent.
Auto Negligence / Automobile Accident
When you have been injured as a result of an automobile accident, there are two possible claims for which we can provide legal services. Where an individual sustains bodily injury, which arises out of the defendant’s negligent operation of a motor vehicle, the injured person is entitled to compensation for the non-economic losses or damages sustained. Non-economic damages refer to bodily injury in the form of physical pain and suffering, disability or physical impairment, denial of social pleasures, etc. The law requires that the injured party sustain a threshold injury, defined under the law as serious impairment of a bodily function; which will require objective medical evidence in support of that injury and which injury must affect a person’s normal daily activities.
Because Michigan is a no-fault state, when a person sustains accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle, an insurance company is responsible for paying the following economic benefits: Medical and rehabilitative expenses, Wage loss, Replacement services (expenses for services rendered to the injured person)
The no-fault claim is exclusively a claim for economic expenses and/or losses
Medical malpractice is an act or omission by a health care provider which deviates from the standard of care and which causes injury to the patient. Medical errors cause up to 98,000 deaths annually.
Medication errors are among the most common medical mistakes harming at least 1.5 million people every year. Other frequent preventable medical errors include misdiagnosis or failure to diagnose, birth injuries, surgical complications, failure to provide treatment, failure to follow-up on a patient, anesthesia-related complications, and failure to prevent patient injuries such as falls.
To determine whether medical malpractice was the cause of injury, it is necessary to conduct a review of the injured person’s medical records and consult with medical experts.
A victim of medical malpractice should recover monetary compensation for medical bills as well as pain and suffering. In most cases, the health care provider will have a medical malpractice insurance policy to cover such claims.
As motorcycle enthusiasts we are acutely aware of both the passion for motorcycle riding and the dangers that exist. There are over 4 million motorcycles registered in the United States. Motorcycle fatalities represent approximately 5% of all highway fatalities each year, yet motorcycles represent just 2% of all registered vehicles in the United States. Approximately 80% of reported motorcycle crashes result in injury or death.
Following a collision, most accident victims are entitled to payment and coverage of medical bills, reimbursement of any lost wages and assurance that the insurance company will pay for future treatment relating to the injuries. In addition, accident victims that are seriously injured may have an additional claim against the person whose negligence caused the accident.
Pedestrian or Bicycle Accidents
Approximately 5,900 pedestrians are killed in the United States by automobiles every year. 84,000 pedestrians suffer nonfatal injuries. Almost 1/3 of these victims are children under the age of 15, yet they represent only about 15% of the U.S. population.
Moreover, each year, almost 900 bicyclists are killed in collisions between bicycles and motor vehicles on roadways. More than one million bicycle injuries are treated annually. About 1/3 of the deaths and about 2/3 of the injuries involve children under the age of 15. Three out of four deaths are due to head injury, and about 1/3 of the injuries are to the head and face. The most severe injuries are those that cause permanent damage to the brain.
Following a pedestrian-vehicle or bicycle-vehicle accident, most victims are entitled to payment and coverage of medical bills, reimbursement of any lost wages and assurance that the insurance company will pay for future treatment relating to the injuries. In addition, victims that are seriously injured may have an additional claim for pain and suffering against the person whose negligence caused the accident.
Slip and Fall
Owners or possessors of land, premises or a place of business are responsible under the law for maintaining the premises in a reasonably safe condition. The owner or possessor has a duty to exercise ordinary care to protect people from unreasonable risks of injury. If a person falls, slips or trips upon a condition which is considered to be unreasonably dangerous, that person is entitled to recover compensation for bodily injures as well as other damages sustained, including economic losses and damages.
Burnett & Kastran can quickly assess your slip and fall accident and determine whether you have a meritorious claim under the law.
In the law, the term “premises liability” refers to a situation where an individual is injured on property, or “premises” owned or maintained by someone else. The property owner or party responsible for maintaining the property may be held legally responsible, or “liable,” for that person’s injuries if the injuries were the result of a dangerous condition that existed on the property.
Property owners and businesses have a duty to provide a safe environment for people on their property and, if they fail to do so and someone is injured as a result, they may be held liable for the injured person’s medical expenses, pain and suffering, and lost wages. A premises liability case might arise against owners not only of commercial property, but private residences, vacant lots, and many other types of properties.
In 2005, there were almost 5,000 boating accidents in the United States. 14% of those accidents resulted in fatalities, while almost 70% resulted in injuries. The most reported type of accident was a collision with another vessel. However, capsizing and falls overboard are the most reported types of fatal accidents and accounted for the vast majority of all boating fatalities. The most common types of boats involved in reported accidents were: open motorboats; personal water craft (PWC) (i.e. jet skis); and cabin motorboats.
In Michigan, there were a total of 161 boating accidents in 2005. Over half of those accidents resulted in injury and 16% resulted in death. A boat or other water craft accident victim may be entitled to recover monetary compensation from the operator and/or owner of the boat or other water craft.
More than 4.7 million people are dog bite victims.
Each year, 800,000 of those victims seek medical attention; sadly, half of these are children.
An attack by a dog can be a very traumatic event that may cause psychological harm. The most common dog bite injuries are punctures and lacerations, which may result in serious scarring. Dog bites can also lead to dangerous infections and fractures.
In Michigan, a dog owner is responsible for any damage to a person that is caused by their dog.