Personal injury lawsuits are designed to help individuals who have been harmed as a result of someone else’s negligence or misconduct. When you suffer an injury, whether from a Michigan car accident, a slip and fall, or another unfortunate event, the law gives you the right to seek compensation for your damages. But not all injuries give rise to legal action—certain circumstances and types of harm determine whether you have a case.
Let our experienced personal injury attorneys in Muskegon discuss the most common types of injuries that may lead to legal action and guide you through understanding your rights.
Common Injuries That Often Lead to Legal Action
Here are some of the most common types of injuries that might result in a personal injury claim:
Brain Injury
Traumatic brain injuries (TBI) often occur in car accidents, falls, or sports-related incidents. These injuries can have lasting effects, including memory loss, cognitive difficulties, and mood changes. Legal action is often pursued when another party’s negligence, such as a distracted driver or hazardous conditions, causes harm.
Broken/Fractured Bones
A broken bone can happen in many situations, from a slip and fall to a workplace accident. Whether it’s a fractured wrist from slipping on a wet floor or a broken leg after a car crash, these injuries can result in a claim for compensation to cover medical expenses and lost wages.
Burn Injury
Burns can occur due to fire, chemicals, or defective products. For example, a severe burn injury might result from an electrical malfunction at work or a defective household appliance. Burn victims might face long recovery periods, pain, and permanent scarring, leading to legal claims against those responsible.
Catastrophic Injury
Injuries that permanently alter your life, such as paralysis or loss of a limb, are considered catastrophic. These injuries are usually caused by serious car accidents or workplace incidents, and the damages pursued in these cases are often substantial.
Drowning
Tragic accidents involving drowning typically happen in pools or open water areas where safety measures are neglected. If proper precautions weren’t in place, a drowning incident could lead to a wrongful death claim or other legal actions.
Electrocution
Electrical injuries often happen on construction sites or in workplaces with faulty wiring. If the injury was caused by unsafe working conditions or failure to follow safety regulations, you might have grounds for a lawsuit.
Fire/Burn Injury
Similar to chemical burns, fire-related injuries can leave lasting physical and emotional scars. Faulty fire alarms, blocked exits, or building code violations can make the property owner legally accountable for fire-related injuries.
Spinal Cord/Back Injury
Damage to the spine can result from car accidents, slips and falls, or workplace injuries. Spinal injuries can lead to chronic pain, mobility issues, or even paralysis, making them a frequent cause of legal action to cover extensive medical treatment and rehabilitation.
Loss of Limb
Losing a limb due to an accident or medical malpractice is devastating. Whether it’s from a severe car crash, a machinery accident, or a surgical mistake, victims can pursue compensation for medical costs, emotional distress, and lifelong impact.
Scarring/Disfigurement
Injuries that leave permanent scarring or disfigurement, such as facial injuries from a car accident or severe burns, can drastically affect your quality of life. Legal action can be taken to cover reconstructive surgery and emotional distress.
Paralysis
Paralysis can result from severe injuries to the spinal cord or brain. It’s common in high-impact incidents, such as car accidents or falls from heights. Victims might require lifelong care, making compensation for medical expenses and lost future income paramount.
Injuries Caused by Negligence: Proving Fault in a Legal Claim
Michigan law defines negligence as the failure to use reasonable care, leading to foreseeable consequences that threaten or harm the safety of another person. To pursue a personal injury claim, you need to prove that someone else was negligent and that their negligence directly caused your injuries.
Generally, these four key elements must be established:
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- Duty of Care
The person or entity responsible for your injury had a legal obligation to act in a way that protects others from harm. For example, drivers have a duty to follow traffic laws, and property owners must maintain safe conditions on their premises.
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- Breach of Duty
The responsible party failed to fulfill their duty of care. In a distracted driving case, for instance, the driver might be texting or not paying attention to the road, which is a breach of the duty to drive safely.
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- Causation
The breach of duty directly caused your injury. If you slip and fall in a store because there was no caution sign about a wet floor, for example, the negligence of the property owner led to your injury.
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- Damages
The injury resulted in actual damages, whether it’s medical bills, lost wages, or pain and suffering. Without damages, there’s no basis for compensation.
Proving negligence often involves gathering evidence, such as accident reports, medical records, and witness statements. That’s why it’s important to have a local personal injury attorney in Muskegon on your side to help you build a strong case and fight for the compensation you’re entitled to.
What to Do if You’ve Suffered an Injury: Steps to Take for Legal Action
Being injured in an accident can be a scary and overwhelming experience. You might be in pain, confused, and unsure of what to do next. But taking the right steps can make a big difference in your legal case. Here are some essential steps to follow:
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- Seek Medical Attention
Even if you don’t think your injuries are serious, see a doctor as soon as possible. Some injuries might not be immediately apparent, and a medical professional can properly diagnose and treat you. Plus, medical records can be used as evidence in personal injury cases.
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- Document Everything
Gather as much information as you can. Take photos or videos of the scene, your injuries, and anything else relevant. Get the contact information of any witnesses. Write down everything you remember about the incident while it’s still fresh in your mind.
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- Consult an Personal Injury Attorney
Once your immediate health concerns are addressed, speak with a personal injury attorney in Muskegon. Your lawyer can help you understand your rights, negotiate with insurance companies, and build a strong case, ensuring you get the compensation you deserve.
Looking for reliable legal representation? Shafer Swartz PLC is here to help. Our skilled personal injury attorney in Muskegon can provide the legal guidance you need to protect your rights and seek fair compensation for your losses.
Don’t let the fear and confusion of the situation prevent you from taking action. Contact us today at (231) 722-2444 or here to schedule a consultation. Let us help you understand your legal options to get your life back on track.