Personal injuries caused by another’s negligence can be life-changing for victims and their families. Victims often face a long road to recovery, made even more difficult by not being able to work to earn income to help them pay their medical expenses and other bills.
I was very pleased with the services of Jay Trucks & Associates. They were friendly, professional, and efficient...
- J. Martin
During this trying time, victims often find it helpful to talk to a licensed attorney about whether they may be able to file a claim for financial compensation.
Over more than three decades, the attorneys at Jay Trucks and Associates have been able to recover more than $500,000,000 in compensation on behalf of our clients. Some of these include a $2,000,000 recovery for a client who lost an eye and suffered a traumatic brain injury in an accident, $935,000 for a female driver that sustained multiple broken bones when a commercial vehicle collided with her and a $300,000 result against State Farm in Isabella County where the policy limit was $100,000.
An initial consultation to discuss your claim with a lawyer at our firm is free of charge. You are under no obligation to file a claim if we determine you have a valid case. We are not paid for our services unless you are paid at the end of the legal process through a verdict or settlement.
Can I File a Claim for Injury Compensation?
Our firm represents those who suffered personal injuries in many types of accidents and situations, including:
- Motor vehicle accidents (car, truck and motorcycle crashes)
- Medical malpractice
- Defective product accidents
- Boat crashes and other types of accidents on the water
- Nursing home negligence or abuse
- Work accidents
If you suffered an injury in any of these scenarios and are unsure if there may be grounds for legal action, we welcome the chance to review what happened in a free consultation. We need to determine if another’s negligence may have been involved in your injury.
Negligence is a legal theory that is applied to most personal injury cases, excluding workers’ compensation claims. This theory has four parts and our attorneys need to determine if we may be able to prove them in an insurance claim or lawsuit.
Legal Duty of Care Existed
The person or entity that caused your accident must have owed a legal obligation to take reasonable action to help prevent an injury. The definition of reasonable action depends on the situation and what a reasonable person would likely have done. A driver or boat operator should obey the rules of the road/water, while a nursing home should not subject residents to abuse or neglect.
Duty of Care Was Breached
The at-fault party did not uphold the duty of care, either through careless or intentional actions or because of a failure to act to help prevent an injury.
Often the toughest part of building a case is showing the at-fault party’s breach of the duty of care is what caused the injury and resulting damages. Our Flint personal injury lawyers often need to disprove claims from the other side that the injury was the result of something else, such as a pre-existing injury or something that the victim did.
Victim Suffered Damages
The purpose of an injury claim is to attempt to recover compensation for damages suffered, such as medical expenses for treatment, lost wages, and pain and suffering.
Unsure if you may have a case? Call (800) 762-8623 .
What Might My Claim Be Worth?
This is one of the things we are prepared to discuss with you in a free consultation. In a personal injury case, damages are divided into two main categories: economic and non-economic damages.
Economic damages are the out-of-pocket costs victims incur because of their injuries, while non-economic damages represent the physical and psychological effects of the accident on the victim and his or her loved ones.
Economic damages may include the cost of:
- Past medical bills (surgeries, cost of visits with doctors, testing, medications)
- Future medical bills (physical therapy, rehabilitation, wheelchair, crutches, follow-up doctor visits, prescriptions, etc.)
- Modifications to your home to help accommodate a disability, whether temporary or permanent
- Damage to personal property, including your car, home or smaller personal property, such as jewelry, clothing or electronics
- Lost wages when you miss work because of your injury
- Lost earning capacity, which refers to the loss of ability to continue earning the wages you did before your injury
Non-economic damages include things like physical pain from your injuries and emotional suffering (depression, loss of sleep, anxiousness, etc.). Other examples of non-economic damages include lost enjoyment of life (loss of ability to take part in hobbies you once enjoyed), and loss of companionship if you are unable to have the same relationship with your spouse as before.
In many states, personal injury victims may be able to pursue punitive damages, which are meant as a form or punishment when there is severe or intentional negligence.
However, Michigan does not allow injury victims to pursue these kinds of damages. Instead, victims may be eligible for exemplary damages, which are awarded as compensation for victims of willful, malicious or wanton conduct that shows a reckless disregard for the victim’s rights. These damages are not meant as punishment, but as compensation for things like:
- Mental anguish
- Injury to feelings
Caps on Damages
Michigan places a cap on non-economic damages in medical malpractice and product liability cases. However, there is no cap on economic damages in these cases.
At Jay Trucks and Associates, we are dedicated to pursuing maximum compensation for our clients to help them begin moving forward with their lives.
Deadline for Filing a Claim in Michigan
This is a complex issue, which is why you should strongly consider meeting with licensed attorney as soon as possible. The clock may already be running and if you miss the deadline, you may lose the opportunity to pursue compensation.
In general, personal injury victims have three years from the date of their injury to file a lawsuit (Michigan Compiled Laws Section 600.5805(2)). If you lose a loved one, you have three years from the date of death to file a wrongful death lawsuit.
The deadline for a product liability case is also three years while the deadline for a medical malpractice case is two years from the date of malpractice, although there are various exceptions to the deadline for malpractice.
There are also different deadlines if you are filing a claim against a government entity. For instance, if you are filing a claim over a defective highway maintained by the government, you must provide notice to the government agency within 120 days of the injury.
Statute of Limitations Questions? Ph: (800) 762-8623.
How a Licensed Lawyer May Be Able to Help You
The legal process can be complicated, even if you are just filing an insurance claim over a car accident and it seems clear your damages are covered by insurance.
Cases that are handled by a lawyer generally recover more financial compensation compared to those that do not have legal representation.
Building a strong case takes time and the resources and legal knowledge to conduct an in-depth investigation. At Jay Trucks and Associates, our attorneys have extensive knowledge of the many aspects of these cases, from relevant laws and legal theories, to filing deadlines to damages that may be available. Our investigators, paralegals and support staff are ready to work thoroughly investigating your accident to gather strong evidence to build a case. We could also consult experts when necessary.
Over more than three decades representing Michigan injury victims, we have been able to recover more than $500 million in compensation. While there are no guarantees in personal injury claims, victims with legal representation often obtain more compensation than those without legal representation.
While it is true that most cases settle, either with the insurance company or through a pre-trial settlement, sometimes going to court is the only way to obtain fair compensation. Our experienced Flint personal injury lawyers understand this and are always prepared to go to court if it is necessary.
Contact Jay Trucks and Associates today.
Should You Talk to the Insurance Company?
You can tell any insurance companies that call you to talk to your lawyer instead. Our lawyers understand how to protect the full value of a claim because we know the tricks insurance companies often use to avoid paying out fair compensation, such as offering a settlement early in the process or asking victims to sign a release giving the insurance company access to medical records.
If you do talk to the insurance company, be very careful with what you say and reveal to them. No matter what you see in their clever TV commercials, insurance companies are not looking to pay fair compensation to accident victims. Their goal is to pay out the least possible amount of compensation.
It is best for victims to stick to the basic facts and avoid giving their opinion about the severity of their injuries. Insurance companies may ask you several questions designed to get you to downplay the severity of your injuries or get you to say things like, “I am OK,” or “I do not feel too bad.”
Insurance adjusters may also ask for you to give a recorded statement, claiming it is part of the process or it will help to speed up the process. It is generally best to consult with a qualified Flint personal injury lawyer first. Our attorneys could help determine what should be included in a recorded statement to avoid hurting your claim.
Steps to Take After Suffering an Injury
Getting to the hospital is the most important thing to do after an injury, other concerns are secondary. You need to be diagnosed and treated to help prevent your injuries from getting worse. There are no guarantees with certain injuries, but sometimes the faster you get treatment, the better the prognosis may be.
Waiting to seek treatment could also be bad for your potential claim. When insurance companies and attorneys for the at-fault party see a significant gap in time between your injury and when you received treatment, they may question the legitimacy of your claim. They may be more likely to argue you are not really hurt or were injured by something besides the accident.
Once you are released from the hospital, make sure to follow the treatment plan prescribed by your doctor. If you deviate from it, you may hurt the value of your claim. That means you need to go to follow-up appointments, go to physical therapy, take medication that is prescribed, and abstain from activities the doctor tells you to abstain from.
While your Flint personal injury lawyer is prepared to investigate the accident, you may be able to help him or her by gathering evidence at the scene, provided you are able and will not be putting yourself in harm’s way. This means taking pictures at the scene, talking to witnesses and writing down what you remember about the accident while it is fresh in your memory.
Free, no-obligation consultation. Ph: (800) 762-8623
Injuries That May Result From Negligence
No matter the type of injury you suffered, you may have a claim against the at-fault party. We are prepared to help you and your family pursue compensation for many types of injuries, including, but not limited to:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Loss of hearing
- Loss of vision
- Amputation of a limb
- Soft-tissue damage
- Nerve damage
- Internal organ damage
- Back injuries
- Burn injuries
Call One of Our Flint Personal Injury Lawyers to Discuss Legal Options
Injured by someone else’s negligence?
Call today to discuss whether you may be eligible to file a claim for compensation. Our attorneys are dedicated to holding negligent parties liable for the injuries and damages they cause. We have more than 150 years of combined experience recovering compensation for our clients.
The consultation is free and comes with no obligation to take legal action. If you have a case and decide to hire our firm, there will be no legal fees unless we recover compensation on your behalf.
Jay Trucks and Associates. Phone: (800) 762-8623