When you or someone you care about sustains a serious personal injury, pain, emotional distress, lost wages, medical expenses and other financial stress can have a significant impact on the well-being of victims and their families. Hiring a reputable law firm to help recover compensation can be a positive step for many injury victims.
They worked hard and got me more than I was expecting. Thanks guys.
– Rachael Mcgimpsey
At Jay Trucks & Associates, we have recovered more than $500 million in compensation on behalf of our clients – including $2,000,000 recovery for an accident victim who lost an eye and suffered a traumatic brain injury and a $1,000,000 recovery for a case involving a 17-year-old and her unborn child. Our firm’s founder Jay Trucks and President Todd Trucks are both licensed Michigan attorneys and members of the prestigious Michigan Association for Justice, an organization advocating for Michigan residents’ rights.
Schedule a free consultation with a Clare personal injury attorney today. We are prepared to any questions about the legal process and help you fight for fair compensation. Our free, initial consultation ensure that there is no risk in calling to learn more about our services and there is no obligation to hire us. If you have a case, there are no upfront fees unless we help you win.
No Upfront Fees. Ph: (800) 762-8623.
Am I Eligible To File a Case?
If you were injured or lost a loved one in any of the following situations we may be able to help you pursue compensation.
Our lawyers are prepared to review your circumstances to see whether you are eligible to take legal action.
In most situations, our attorneys must prove negligence to have a chance of recovering compensation for damages. We must establish four things to show the other party acted in a careless way: duty, breach, causation and damages.
Element #1: Duty Owed
The other party must have owed you a duty of care. In some situations, the relationship that exists between both parties can create a legal duty. Doctors owe patients a legal duty to provide competent medical care like other similarly trained doctors would provide. Property owners owe visitors a legal duty to provide and maintain a safe and hazard-free environment. Drivers are expected to operate their vehicles safely. The duty of care depends on the situation.
Element #2: Breach of Duty
The other party must have breached the duty by failing to act like a reasonable person would in a similar situation. If the average person would have known that someone might be injured as the result of his or her actions, he or she would have acted differently.
Element #3: Causation
The other party’s negligence must have caused your injury – without the breach of duty of care, you would have been unharmed. To recover compensation, you must prove the other party should have reasonably foreseen that his or her actions might cause harm.
Element #4: Damages
The injuries you sustained must have caused you to suffer damages. These damages are usually compensatory for expenses related to medical care, loss of income or property damage. You may also be eligible for compensation for things like pain and suffering.
Free Consultation. Ph: (800) 762-8623.
How Much Can I Get For My Case?
A Clare personal injury lawyer needs to determine the extent of your injuries, review your medical care and estimate your recovery time.
Generally, some damages that may be recoverable in a personal injury case include:
- Medical treatment – This could include the cost of medical care associated with the accident and reimbursement for treatment you have received, along with the estimated cost of future care.
- Loss of income – The accident may have resulted in lost wages from missing work for medical care or because you were physically unable to work. If the injury affects your future earning capacity, you may also be able to recover compensation to make up for that loss.
- Property damage – If any vehicles, electronics, clothing or other items were damaged due to the accident, you may be able to get reimbursed for repairs or fair market value.
- Pain and suffering – This could include compensation for the physical pain and serious discomfort you have experienced during and since the accident.
- Emotional distress – These damages are meant to compensate you for the psychological impact of an injury, including anxiety, depression, fear, sleep loss and post-traumatic stress disorder.
- Loss of enjoyment – If your injury has you from enjoying daily activities such as hobbies, exercise or other recreational fun, you may be eligible to recover compensation for loss of enjoyment.
- Loss of consortium – These damages refer to the impact your injuries have had on your relationship with a spouse or partner. This includes loss of companionship, love, affection and emotional support.
- Exemplary damages – These are awarded in cases where an at-fault party engaged in willful or wanton conduct that showed a complete disregard for your rights. Unlike punitive damages in other states, these damages are connected to specific losses suffered by the victim, such as mental anguish, humiliation or outrage.
What If I Share Some Blame for My Injuries?
You may still be eligible to recover damages even if you are partially at fault for the accident that caused your injuries. That is because Michigan adheres to a comparative negligence standard. The amount of damages awarded will be reduced according to your degree of fault if it is less than 50 percent.
If the jury awards you $120,000 after a car accident but you are found to be 40 percent to blame for what happened, the award amount would decrease by 40 percent or 48,000. That means you would get $72,000.
However, if you are 50 percent or more at fault, you will be barred from obtaining any recovery.
Our experienced Clare personal injury attorneys are well-versed in negligence laws and how these laws may apply to your situation. We welcome the opportunity to review your claim in a free and confidential consultation.
Time Limits for Filing Personal Injury Cases
Personal injury cases in Michigan follow a statute of limitations, which sets a specific time limit for taking legal action. Missing the deadline will normally result in the court dismissing the case, unless there is an exception that extends the filing deadline.
The standard time limit is three years from the date of the injury or death. This includes motor vehicle collisions (cars, trucks and motorcycles), boat accidents, dog bites, brain injuries and nursing home abuse. The three year deadline also applies to injuries caused by a dangerous or defective product (product liability claims) or if an accident results in the unexpected death of a loved one (wrongful death claims).
The deadline is even shorter – just two years – if harmed by a negligent doctor or other medical professional due to a misdiagnosis, birth injury, medication error, surgical or anesthesia mistake, or another form of medical malpractice. However, there are various exceptions to this deadline.
There are also different deadlines if a government employee or entity is involved, the injury victim was legally insane at the time of the accident, or the injury victim is a minor under the age of 18.
Contact a knowledgeable Clare personal injury attorney from our firm to see if your time to file has passed or if you qualify for an extended deadline.
Reasons to Seek Legal Help From a Lawyer
Many people think that hiring a personal injury lawyer will result in excessive legal fees and having to go to court. Although there are no guarantees, most cases settle outside of the courtroom, saving unwanted stress and expense at trial.
At Jay Trucks & Associates, our lawyers work on a contingency fee basis, so there are no upfront fees for our services. You only pay if and when you obtain compensation via a settlement or verdict.
If you have a case and we represent you, we are prepared to handle the following:
- Conduct a detailed investigation of the accident and reconstruct the scene
- Gather evidence and collect witness statements to help prove negligence
- Hire medical experts to attest to the extent and severity of injuries sustained
- Respond and deal with insurance companies and other parties involved
- Advise on how to proceed during each phase of the legal process
- Negotiate for fair compensation for the damages you have suffered
Talk to a member of our legal team today at (800) 762-8623.
Common Tactics Used By Insurance Adjusters
After an accident, you should expect to be contacted by an insurance adjuster who will ask questions about what happened. He or she will want to know your version of events in order to find a way to discredit you or blame you for it.
Common tactics our legal team has seen insurance adjusters use include:
Offering a Quick Settlement
Insurance adjusters know how desperate accident victims can be when hospital bills start to pile up and they are losing income because their injury prevents them from going to work. Insurance adjusters like to offer a quick settlement and they may tell you it will help you move on with your life. However, these settlement offers are often worth far less than the full value of a claim.
Asking for a Recorded Statement
While on the phone with an insurance adjuster, he or she may ask you to give a recorded statement about what happened and make it sound like it is standard practice. However, you are under no legal obligation to do so.
These statements are only beneficial to the insurance company because they will ask for specific information or ask particular questions in an effort to challenge your credibility. It is in your best interest to consult with a lawyer to determine if you should give a statement.
Asking You to Sign a Medical Authorization Form
An insurance adjuster may send you a number of documents to sign, including a medical record release form, allowing them access to current medical records related to your injury and older, unrelated medical records that could be used against you. They are looking for evidence of a pre-existing injury or medical condition they can use as a reason to deny or devalue your claim.
What Should I Do After Suffering a Personal Injury?
There are many steps you can take to help your attorney begin building a case. The first thing victims should focus on is treating their injuries. Get to the hospital right away so your injuries can be diagnosed, and proper treatment can be provided. If you wait to seek treatment, it could give the insurance company reason to dispute your claim.
While at the scene of the accident, try to collect evidence, if it is safe to do so and you will not be putting yourself in harm’s way. If someone else is with you, you could ask them to help you. For example, if you have a smartphone, take pictures of your injuries and the scene. Talk to witnesses and get their contact information so your attorney can contact them later.
You should also file an accident report with the proper authorities or the property manager. This serves as an official record of the accident and helps link your injury to the accident.
Make sure to continue your treatment as requested by your doctor. If you do not go to appointments, restrict your activities, or do other things your doctor instructs you to do, you could hurt the value of your claim.
Consult with a Clare Personal Injury Lawyer Today
With more than a century of combined experience, our legal team at Jay Trucks & Associates has been advocating for the rights of injury victims throughout Clare County and across the entire state of Michigan for more than 30 years. We have successfully represented thousands of clients and collected millions in recoveries on their behalf.
Contact a Clare personal injury lawyer for help with your claim. Our consultations are 100 percent free and come with no obligation to move forward. We do not charge upfront legal fees unless you obtain a recovery.
Our office in Clare is just a few blocks from Clare City Hall at 202 W 5th Street.
No Upfront Fees. Ph: (800) 762-8623.