The 3 things you need for an injury case are:negligence, insurance and an injury. In order to be successful in an injury claim you need a combination of all three things. An injury case can arise out of any occurrence; however the most common are collisions involving automobiles.
Negligence is the same as liability. In order to succeed, the injured person must demonstrate that the defendant acted negligently which caused the injury. It can be as simple as: a rear end collision; drunk driving; crossing the centerline; or running a red light.
The injuries a person sustains as a result of the negligence of another allow an injured person to obtain non-economic losses such as conscious pain and suffering. An injury can be straightforward like a fractured arm or leg. Some injuries are only discovered by MRI’s such as a torn rotator cuff in a shoulder or knee damages such as torn cartilage or ligaments. There are more complicated injuries like a traumatic brain injury or spinal injury requiring Fusion surgery.
Most injury cases involve the recovery of insurance coverage. Insurance is sometimes controlled by the negligent defendant. For example, a negligent truck driver could be employed by a trucking company which may have $1,000,000 policy for an over the road truck. The state minimum for automobile liability insurance in Michigan was $20,000 which increased to $250,000 in liability coverage for a policy renewed after July 1st 2020
If any of the 3 listed above: negligence; insurance; and injury are missing then you may not have a successful third party claim for non economic losses. For more information and to see if you have a possible claim. Please call us.
Arising out of the above basic principles can be numerous types of injury cases. Below are different types of cases with how one or more of the three basic principles change: