If you are the victim of negligence caused, either wholly or in part, by a third party, you may be wondering how much compensation you could recover in a personal injury lawsuit. Examples include injuries due to a car accident, medical malpractice, slip and fall, or a defective product, which may allow you to seek damages.

Turner & Turner Law has been in the practice of victim advocacy for more than 40 years and founding partner Lee Turner helped define the best practices of victim advocacy in Michigan’s legal community. To learn more about what Turner & Turner Law can do to help you, schedule a free consultation, call (248) 355-1727, or contact us online today.

FACTORS THAT DETERMINE THE VALUE OF YOUR INJURY CLAIM

If you suffer injuries through no fault of your own, you deserve compensation that will “make you whole.” Every case is unique, with varying facts, but using precedents as a guide, when Turner & Turner accepts a case, we will provide you with an estimated value of your case by looking at the following factors:

• Medical bills and costs – You deserve to be compensated for your past and future medical treatment, including adaptive medical devices, pain management therapies, physical therapy, and transportation to your doctor.
• Lost income – If your injury forces you to miss work, you should be compensated for the wages you were unable to earn. If your injury is permanent, you should receive compensation for 100 percent of your lost wages. If you can only work again in a diminished capacity, then you deserve the difference between what you earned before and after the injury.
• Pain and suffering – Insurance companies sometimes use “pain multipliers.” This means that your actual economic loss is multiplied by a designated number in order to estimate your pain and suffering damages.

Turner & Turner will gather medical records, employment records, and other evidence to establish these damages. We can also consult with medical experts, economists, and other professionals to assess the full extent of past and future losses in your case.

OTHER FACTORS THAT DETERMINE YOUR CLAIM’S VALUE

There are two other factors you need to consider when assessing the value of your case:

Comparative negligence – If you were partially to blame for your accident or injuries, then you may have your damage claim reduced by the percentage of fault that you bear. For example, if you were 20 percent responsible and suffered $100,000 in damages, you would be responsible for covering $20,000 in costs (20 percent of $100,000). The person who hurt you would be responsible for covering 80 percent, or $80,000. Unfortunately, if you are found to be 51 percent or more at fault, you would recover nothing.

Insurance limits – The at-fault party’s insurance coverage usually covers your costs and losses in a personal injury claim. However, insurers will pay only up to the policy limits. For example, if the at-fault party has a $100,000 limit, the insurance company will pay no more than $100,000 – even if a jury awards you $125,000 in damages.

While you could try to pursue a claim against the at-fault party for the excess, most people don’t have that much money. This means you might not be able to collect it at all, or you might have to go through steps such as garnishing the at-fault party’s wages or placing liens on his or her property. These steps can be challenging. This is why settlements tend to be for an amount equal to the at-fault party’s policy limits.

A PERSONAL INJURY ATTORNEY CAN HELP VALUE YOUR CLAIM

Getting sufficient compensation for your injury is essential so you can move on with your life and have the money you need to provide your medical care and pay your other expenses. You don’t want to accept less than you deserve, which means you need to have a clear idea of what your case is worth.

Call Turner & Turner today to discuss your case and set up a free, no obligation consultation with our attorneys today. Call (248) 351-1727.

The tragedy that occurred earlier this month at an outdoor music event in Houston, leaving at least eight attendees dead and hundreds more injured, has subsequently spawned more than two dozen liability lawsuits naming everyone from the performer to the promoter, and even the venue.

Liability law is somewhat complicated, but if you were injured because of a slip, trip, fall, or other hazards on the premises you were on, you may be entitled to bring suit against the possessor of the property for your injuries.

Slip and fall cases are based on tort law, which means the burden of proof is on you (the victim). to prove the general elements of a negligence claim. Proving liability or negligence can become complex fairly quickly, which is why it’s important to consult with a personal injury attorney as soon after your accident as possible.

Elements for Establishing Negligence in a Premises Liability Claim

There are four basic elements that you (the plaintiff) must prove in establishing a premises liability claim (e.g. the defendant):

• The defendant owed you a legal duty;
• The defendant breached that duty;
• The defendant’s breach of their legal duty was a proximate cause of your injuries, and;
• The plaintiff suffered damages as a result of the defendant’s breach of a legal duty to keep you safe.

The Caveat: Open and Obvious

Whether or not a hazardous condition is considered “open and obvious” also plays a major role in any premises liability claim. If a hazard is so blatant, referred to in court as “open and obvious,” that a reasonable person would take care to avoid it, the plaintiff may be barred from making his or her claim. Because most defendants will use this issue as a defense in a premises liability claim, “open and obvious” has become the fifth hurdle a plaintiff must establish did not exist.

“Possession and Control” of a Property Establishes Legal Duty

The first step in a premises liability case is to establish that a defendant owed you a legal duty, and the extent of the duty owed. Generally, a defendant’s legal duty arises out of their possession and control over the property.

It’s important to understand that possession and control is not the same as “ownership” of a property. In fact, the Michigan Supreme Court has found that while the same individual or entity may hold both “ownership,” in addition to “possession and control,” they are distinctly different concepts.

For example, the owner of a shopping complex may rent individual retail spaces to small businesses, but still maintain the safety and upkeep of the parking lot and sidewalk. In such a scenario, the mall owner would likely be responsible for the injuries of a patron injured by a slip and fall in the parking lot, but would not be responsible if that same individual fell inside a store; although the owner holds title to the store space, they are not in possession or control of that rented space at the time the injury occurred.

In Michigan, the extent of the duty owed by the possessor of land is dependent upon the purpose for which a plaintiff was on the land at the time they sustained an injury.

To learn more about what the duties of a property owner are, and whether your injury is the result of someone else’s negligence, call the attorneys at Turner and Turner at (248) 355-1727 for a free, no-obligation consultation and let us help determine whether you have a viable legal claim.