Types of Cases Our Personal Injury Attorneys Handle
Personal injury lawyers work with clients who have sustained an injury due to another person’s negligence, whether through their direct actions or lack of care.
In Michigan, the law allows you to recover financial damages for negligence if you can prove four elements:
- The defendant owed you a duty of care: Would a reasonable person be expected to account for your safety given the situation?
- The defendant violated their duty of care: Did the person act in a way that was not consistent with what a reasonable person would do in the same situation?
- The person’s actions were a direct cause of your injuries.
- Your injuries resulted in compensable damages.
Defendants in a personal injury case may include a person, a private business or organization, or a public entity. In some cases, there may be more than one responsible party. Examples of personal injury cases include:
Motor Vehicle Accidents
Motor vehicle accidents are one of the leading causes of injury and death in the United States. According to recent data from the Michigan Office of Highway Safety Planning, 245,432 accidents occurred in the state over just one year. Of these, there were over 1,000 deaths and over 44,000 injuries. Common injuries after a motor vehicle accident include traumatic brain injuries, soft tissue injuries, spinal cord injuries, and broken bones.
Michigan has a no-fault insurance system that limits who you can sue for injuries sustained in a motor vehicle collision. Michigan also recently passed a number of new laws that complicate claims against your own insurance company for things like medical care and lost wages. We can help untangle which insurance companies should pay for what.
Pedestrian and Bicycle Accidents
The Michigan State Police reports that more than 100 pedestrians die every year. When a motor vehicle strikes a pedestrian, there is an 80 percent chance that the pedestrian will not survive the collision or will suffer severe injuries. Those that do survive often face a long road to recovery. Sadly, a large number of pedestrian accidents are the result of driver negligence.
Common causes of pedestrian-vehicle accidents include:
- Distracted driving
- Speeding
- Failure to yield the right of way
- Driving under the influence
Medical Malpractice
Patients should always be able to go to the doctor and trust that their condition will not get worse because of their medical provider’s actions. Unfortunately, medical mistakes are more common than you’d think.
A recent NBC News report found one in 10 patients suffers harm during their medical care. Of these, half are preventable, and 12 percent of the preventable mistakes lead to permanent disability or death.
Medical mistakes and medical errors are different from unwanted outcomes. Medical malpractice occurs when a doctor, nurse, pharmacist, or other medical provider does not comply with the standard of care that all doctors must follow when providing treatment.
Examples of medical malpractice include:
- A missed or delayed diagnosis that should have been caught earlier;
- Prescribing or dispensing an improper medication;
- Performing surgery on the wrong limb, level of the spine, or other area of the body;
- Misreading lab results;
- Performing surgery or treatments that are not needed;
- Surgical errors;
- Leaving a foreign object in the body following a surgery; and
- Inadequate follow-up care.
Wrongful Death
According to the CDC, accidental injuries are the fourth leading cause of death in the United States. Motor vehicle accidents, falls, and poisonings are among the top causes of unintentional deaths.
Losing a loved one is hard, and no amount of money will take away the pain. However, a wrongful death case can help you recover damages associated with your loved one’s loss and provide resources for you and your family moving forward.
Damages in a wrongful death case can compensate you for:
- Funeral and burial costs
- Pain and suffering your loved one experienced before their death
- Outstanding medical bills
- Loss of financial support for any dependents
- Loss of the relationship you had with the loved one
Premises Liability
The law requires any person or business who owns a property to maintain that property so that it is safe for others. The specifics of this duty vary depending on whether the visitor is there for a business or social purpose or if they are trespassing.
If an injury happens, the property owner may be financially liable for damages if they were aware of the dangerous condition and did not warn others or fix it.
Common examples of premises liability cases include:
- Slip, trip, and fall accidents
- Chemical exposures
- Amusement park accidents
- Construction site accidents
Frequently Asked Questions
After an accident or loss, it is normal to have questions. At Gruel Mills, we believe the more information you have, the better equipped you will be to move forward with your case. Below are some of the most common questions our attorneys receive from personal injury clients:
How much is my personal injury case worth?
Money is always a concern to the people we talk to after an accident, and for good reason. A sudden accident can affect your livelihood and cause apprehension about your future. As your attorney, our goal is to help you get the most out of your case, so you can afford medical care and maintain a good quality of life despite your injuries.
Many variables can affect the value of a personal injury case, and it is impossible to provide an exact estimate for your specific case. However, we can look at the costs commonly associated with cases like yours.
Common costs you may be able to recover in a personal injury case include:
- Medical bills, including doctor visits, hospital stays, surgeries, medications, and other necessary costs.
- Lost wages, covering any time missed from work as a direct result of the accident and potentially including future loss of earning capacity.
- Pain and suffering to compensate you for the physical and emotional toll of the accident, including physical pain, mental distress, depression, anxiety, and PTSD.
- Loss of enjoyment to compensate you when you can no longer participate in the tasks or activities that made you happy before your accident.
Loss of consortium, which when your injuries interfere with, diminish, or result in the loss of a familial or romantic relationship.
Will my case go to trial?
The majority of personal injury cases settle outside of court or before trial. Going to court is expensive, and juries are unpredictable. In most cases, both you and the insurance company are better off coming to a mutual agreement.
Your attorney will advise you whether the insurance company’s offer is appropriate and what your case looks like moving forward. However, you ultimately decide whether you want to accept a settlement or proceed to trial.
How long will my personal injury case take?
After an accident, watching the bills add up and missing time from work can stress you out. So it makes sense to question how long a personal injury case will take. When you work with an attorney, the goal is always to settle your case as quickly as possible. At the same time, we want you to get what you deserve. Typically, a case that settles out of court will take far less time than one that requires litigation.
Other factors that can affect the timeline of your case include:
- The willingness of both parties to settle
- The treatment of your injuries and how long it will take to know your future prognosis
- The number of parties involved
- The complexity of your case
- Whether there is a dispute about who is liable for your injuries
If you have concerns about how long your case will take, don’t hesitate to reach out to your attorney.
What information should I take when I meet with my attorney?
The initial consultation is your attorney’s opportunity to review your case, but it is also your opportunity to get to know the attorney and see if you want them to represent you. From the initial meeting, an attorney should be able to tell you whether you have a good case and provide you with a basic understanding of what you should expect if you choose to pursue the claim.
This meeting is important for both parties, so come prepared.
Helpful items to bring to the initial meeting include:
- Information about the other party, including name, contact information, and insurance information
- Your insurance information
- Photos of the accident
- Detailed information about where and how the accident occurred
- Any after-visit notes from doctor appointments
- Witness contact information
- Any communication from the insurance company or the other party
In addition, it helps to bring a list of questions to ask at your initial consultation. These questions can help you determine whether an attorney is qualified to handle your case and whether they are the right fit for you.
Sample questions include:
- Do you have experience with my type of case?
- Will you be directly working on my case?
- How big is your team? Who will be my direct contact?
- How often should I expect updates on my case?
- What is your billing structure?
- Will I be responsible for any payment if I do not win?
Know what to do after an accident. Contact Gruel Mills
Following an accident, you need someone by your side that you can trust. The experienced and compassionate attorneys at Gruel Mills can be your rock in this difficult time.
You deserve a fair and just resolution for your case. If you have questions, don’t wait. For more information or to get started on your personal injury case, contact Gruel Mills Attorneys and Counselors at (616) 235-5500 or visit us online to request your free initial consultation.
Gruel Mills – Grand Rapids Office
Campau Square Plaza Building
99 Monroe Ave NW #800
Grand Rapids, MI 49503
Phone: (616) 235-5500
Read client reviews on Google!
