Best Personal Injury Lawyers in Detroit For 2024

If you've been injured, you may struggle with serious medical issues, pain and emotional trauma. Adding to your stress is a mountain of medical bills and worry about supporting your family, especially if you're out of work. A Detroit personal injury lawyer can enable you and your family to recover compensation if someone else's negligence caused your injuries.

ConsumerShield specializes in helping you understand the law and protect your rights. If you need legal help, we can connect you with one of the best lawyers in your area. This article will provide insight into pursuing a Michigan personal injury claim and discuss when you might need to contact an attorney.

Pursuing Compensation for Detroit Personal Injury Claims

Michigan has systems other than filing a civil lawsuit to address some personal injury claims. Since every Michigan driver must have no-fault motor vehicle insurance coverage, most car accident claims are settled without litigation. Workers injured on the job are usually limited to recovering workers' compensation benefits.

To recover compensation for other personal injuries, individuals must prove someone else is legally liable. Usually, the first step is to file a claim with the responsible person's insurance carrier. If that doesn't result in a fair settlement, the injured person can file a lawsuit in civil court.

Pursuing a Personal Injury Lawsuit in Michigan

When a party's negligence, recklessness or intentional acts cause harm to another person, the victim may pursue a personal injury lawsuit. The court can award monetary damages if there is a legal basis to hold a party "at fault" for the claimed injuries,

Most personal injury claims use a legal theory called “negligence.” In a negligence claim, the injured person may recover damages if they prove:

• The defendant had a duty to use reasonable care to prevent harm.

• That party breached or failed to meet that duty.

• This failure foreseeably caused the injured person's injuries.

• The injured person suffered compensable damages.

Although you can file a personal injury lawsuit on your own, hiring an experienced Detroit personal injury attorney helps make the process easier and improves your chances of recovering the total amount of compensation you deserve.

Some types of personal injury cases, like claims for medical malpractice, have additional procedural requirements. Your case may be dismissed if you do not comply fully and correctly. An experienced Detroit personal injury lawyer will ensure you don't lose your chance to recover because of such a technicality.

Types of Common Personal Injury Claims

One essential part of a personal injury lawsuit is proving someone owes you a "duty" to protect your safety. Most people aren't obligated to protect each other from danger. However, certain relationships or situations create this duty under the law. For example:

• Parents are obligated to ensure the health and safety of their children.

• Bus drivers are responsible for safely transporting their passengers.

• Drivers on public roadways must use care to avoid collisions, follow state and local traffic laws and exercise sound judgment behind the wheel.

Other situations that involve a legally recognized duty include:

Premises Liability

Trips, slips, and falls result in a total annual cost of more than $50 billion across the country. Property owners have a duty of care to keep those they allow onto their property safe. Private landowners must exercise reasonable care in maintaining accessible areas. Commercial landowners have greater responsibility and must take affirmative steps to ensure their property stays safe.

Medical Malpractice

Medical professionals and facilities, including doctors, dentists, nurses, pharmacists, physical therapists, nursing homes and hospitals, owe a duty of care to their patients. They must provide their patients with skilled, competent and appropriate medical care.

Medical malpractice occurs when a medical provider's failure to meet the generally accepted standard of care causes injury or results in death. Medical errors such as misdiagnosis, surgical mistakes, delayed births, neglect, and medication errors can all cause serious harm. Medical negligence is consistently one of the U.S.’s leading causes of preventable injury and death.

Detroit medical malpractice cases are some of the most challenging personal injury lawsuits because they involve complex legal and medical issues. Hospitals, medical providers and malpractice insurers have deep pockets and are committed to defending against malpractice claims. Partnering with an experienced Detroit personal injury attorney is essential to recover what you deserve.

Dog Bite Claims

Michigan's "strict liability" dog bite rule holds an owner responsible for any damage or injury their dog causes to another person, even if the dog has no history of violence, regardless of the dog's breed. Victims of dog bites can suffer severe, permanent disfigurement and require ongoing treatment for wounds and scars.

Michigan consistently ranks in the U.S. Postal Service's top ten most dangerous states for postal workers facing dog attacks, while Detroit tied for the 20th most dangerous city in 2023. Owners must restrain their dogs to prevent causing injury to mail carriers and anyone else they allow onto their property.

Product Liability

Manufacturers and designers must make products that are reasonably safe for their intended use. They must also warn users about risks that can't be removed (like the danger of being cut by a razor blade). When a company's failure to meet these duties causes harm, a person may file a product liability lawsuit to recover damages.

Wrongful Death

A wrongful death claim is a type of personal injury case alleging that a defendant’s negligence caused the death of another person. It is brought by the deceased's personal representative (a person who is named in their will or appointed by the court to act in their survivors' best interest).

The personal representative may be able to recover compensation for the deceased's medical, hospital, funeral and burial expenses, lost wages, pain and suffering. Family members can also recover compensation for losing the financial support and companionship of a loved one. However, the process is more complicated than you might think, and an attorney who specializes in wrongful death cases can provide assistance.

Michigan Auto Accident Claims

More than 15,000 people per year are seriously injured in Wayne County car accidents. The most common causes of Detroit car accidents include driving under the influence (of alcohol or other substances), texting while driving, driving aggressively or inappropriately for the conditions and driving while overly tired.

Under Michigan's no-fault insurance laws, injured drivers and passengers must first turn to their personal injury protection (PIP) car insurance coverage to recover compensation for medical bills, lost wages and other damages. However, they may file a claim against the at-fault driver in some situations, especially if their injuries are severe. They may also have a claim against their insurance carrier if it refuses to compensate them fairly.

Why Call a Detroit Personal Injury Attorney?

Multiple types of personal injury claims can arise from one occurrence. For example, imagine a furniture delivery truck running a red light and striking an SUV. The impact causes the SUV to burst into flames, resulting in severe injuries to the driver and killing the passenger. The delivery driver is also injured. It is later discovered that the brakes on the delivery truck were defective.

Some of the claims in this case may be:

• PIP coverage claims by the SUV driver to their auto insurer.

• Negligence claims by the SUV driver against the owner of the furniture store or delivery service and the driver.

• Workers' compensation claims by the delivery driver.

• Product liability claims against the brake designer or manufacturer.

• Wrongful death claims by the passenger's family against the SUV driver, the delivery driver, the furniture company and the brake manufacturer.

If you are badly injured, you may need to pursue multiple claims to recover fully. An experienced Detroit personal injury lawyer can help you identify who may be responsible for your injuries under the law, gather the necessary evidence to prove your case and recover full and fair compensation.

Time Limits

Michigan’s statute of limitations limits the time you have to file a lawsuit. In general, you must file a complaint to begin a lawsuit for personal injuries within three years after the injury occurs.

Medical malpractice claims must be filed within two years of the alleged malpractice. Additional time is allowed in cases of death or if the victim didn’t discover a claim until less than six months before the end of the two-year statute. (Med mal cases have numerous other complicated time limits and procedural requirements, making it extremely important to consult with a knowledgeable medical malpractice attorney.)

These limitation periods have some other exceptions as well. Even if you suspect your deadline has passed, talk to an experienced Detroit personal injury attorney who can help you understand your options.

Detroit Injury Lawyers Can Help You Recover Compensation

A plaintiff in a Detroit personal injury lawsuit asks the court to award them compensation for losses related to their injury. These damages can include:

• Repayment of medical expenses and costs.

• Compensation for lost wages for time out of work and future lost earning capacity.

• Payment for damaged or lost property.

• Compensation for pain and suffering.

• Compensation for lost abilities and experiences due to your injuries.

In addition to these damages, Detroit courts occasionally award exemplary damages in personal injury cases. These provide additional compensation to victims who were injured by especially egregious conduct, such as drunk driving. Exemplary damages are rare and only available in cases where the at-fault party's conduct was willful or malicious.

The compensation you can recover depends on the facts of your case. An experienced, compassionate Detroit personal injury lawyer can help you determine the best strategy and set expectations for your situation.