Flint Personal Injury Lawyer

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Flint Personal Injury Attorney

There are multiple avenues you can take when dealing with a personal injury case, especially if you retain the services of a skilled Flint personal injury lawyer before you get started. Having someone on your side like Wigod & Falzon. PLLC firm who can provide you with quality legal advice throughout your entire case can only benefit you in the long run. You want someone by your side who understands how personal injury law works and who can keep you aware of any potential setbacks.

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Personal Injury Statute of Limitations

When you start developing your personal injury case with the help of an experienced personal injury lawyer, it is recommended that you start doing so as soon as possible before the Michigan statute of limitations runs out. In Michigan, the statute of limitations for a personal injury claim is three years from the date of your initial injury. You will have three years to start building your case, gather any evidence that supports your claim, retain legal counsel, and file a personal injury claim to pursue damages. You can also discuss a personal injury case checklist with your lawyer that must be followed during the investigation process.

If you are unable to file your claim within the three-year time frame, there is a decent chance that your claim will be thrown out, and you will miss your opportunity to pursue damages and hold the responsible party accountable for their actions. Despite a fairly strict statute of limitations, there are a number of potential exceptions that could be granted in certain situations. While there are no guarantees that your case will qualify, it is important to know what they are:

  • Out of State: In some cases, when a defendant knows they are going to have a personal injury claim brought against them, they will flee the state to avoid the responsibility and hope that everything will just go away in time. If this happens to you, your deadline may be paused to allow time to find the defendant and serve them with the lawsuit. This exception may apply if the defendant:
    • Was not in the state when your accident happened but is still responsible for it.
    • Fled the state after you were injured and have been out of the state for at least two months.

    It is important to keep in mind that this possible extension may only be granted if the court determines that you were unable to serve the defendant with the lawsuit while they were out of state. If the court later determines that you could have served the defendant while they were out of state, your deadline may be reinstated.

  • Fraudulent Concealment: You may be granted additional time to pursue legal action against the defendant if that defendant attempts to conceal the fact that there is a personal injury claim against them or if they try to conceal the identity of someone responsible for your injury. If this happens in your case, the Michigan courts may grant you an extension.
  • Legal Disability: Under Michigan state law, any individual who is legally incapable of making their own decisions or managing their own affairs without assistance may be considered legally disabled. This includes minors who are under 18 years old and anyone who is declared legally insane.

If someone fitting this description also becomes the subject of a personal injury case, they may be granted an extension of one year from the date that their disability is no longer an affecting issue.

Qualities in a Solid Personal Injury Lawyer

When you are looking for a personal injury lawyer, you are probably dealing with a lot. You may be suffering a recent serious injury, significant life changes, property damage, and unexpected adjustments. You will want to find a lawyer who can provide you with peace of mind during a frustrating time in your life. Here are some important traits to look for in a prospective personal injury lawyer who may be your legal representative for the foreseeable future:

  • Communication: One of the most important qualities that a good lawyer can have is communication skills. After all, a lawyer is expected to communicate effectively for a living. They have to tell their clients news they may not want to hear. They have to explain legal issues to their clients in a way that they can understand. They may have to argue your case before a judge and jury. You will want someone who can demonstrate impressive communication skills.
  • Listening Skills: Communication is a two-way street. As much as you want someone who is going to speak with you effectively, it is equally important that that person is able to listen to what you are trying to tell them. Your lawyer is going to learn the majority of your case’s details from you. If they are barely listening to you, they won’t be able to effectively develop your case, let alone argue it. It is important that they hear the important details from you.
  • Experience: It is wholly important that your lawyer has a wealth of experience handling cases similar to yours. If it is possible, try and go with a lawyer who has been through similar cases and won. If your lawyer has seen cases like yours in the past, they may be able to avoid certain pitfalls, anticipate any surprises or setbacks, and apply some past strategies to your case. The more experience your lawyer has, the better it can be for your case.
  • Knowledge: Becoming a lawyer takes a great deal of education, studying, and particular knowledge. The field of law is so vast on its own, and you may want to find a lawyer who has devoted their practice entirely to personal injury law. A focused field of practice may minimize distractions, prepare your lawyer for any issues that may arise specifically in your kind of case, and show dedication to your case.
  • Compassion: You may be seeking out a personal injury lawyer during a time in your life when you may be feeling somewhat defeated. This is a time when you may be seeking guidance, reassurance, and compassion. When seeking out a prospective personal injury lawyer, you may want to choose one that shows you how much they care about your plight. Having a lawyer who truly understands and cares about what you are going through can only help.

FAQs

Can a Personal Injury Settlement Be Garnished in Michigan?

Yes, your personal injury settlement can be garnished in Michigan. Garnishment is a legal proceeding that allows creditors to take your assets in order to satisfy a past judgment or fulfill your outstanding debts. While creditors can garnish your personal injury settlement, they cannot do so without first getting a legal judgment to do so. It may depend on the circumstances of your case. It is recommended that you speak with your lawyer to find out if your settlement can be taken.

Can You Claim for Whiplash in Michigan?

Yes, you can absolutely make a claim for whiplash in Flint, Michigan. Whiplash is a medical affliction that happens when your head is whipped very suddenly to the side, resulting in moderate to severe muscle and ligament pain in the neck. Whiplash is often an injury suffered in a car accident. If you can prove that the driver was negligent that caused the wreck, was at least 50% responsible for it, and that your whiplash injuries caused an impairment, you can pursue a claim for whiplash.

Why Do Many Personal Injury Cases Settle?

Personal injury cases may settle for any number of reasons. Your case may be settled during negotiations or in a courtroom, as every case is different. Many personal injury cases are settled largely out of convenience. A trial introduces uncertainty, extra costs, additional time and resources, and you may have to admit some portion of liability. Negotiating a settlement saves all parties time, money, and stress in any personal injury case, including truck accidents, car accidents, and dog bite cases. You can even pay the settlement directly to the injured person without spending additional personal injury settlement costs.

How Can You Prove Emotional Distress in a Personal Injury Case?

Proving emotional distress in a personal injury case can be harder than it might seem. Your lawyer may retain an expert witness who can testify to the medical accuracy of an emotional distress diagnosis. Such witnesses could be a psychologist, a psychiatrist, or a social worker. These witnesses can explain to the jury how an incident like the one you have been through can lead to emotional distress and how it can impact your life.

A Personal Injury Lawyer Can Help You Today

An experienced personal injury lawyer can build a robust case while also allowing you to focus on your recovery with the knowledge that your case is in good, reliable hands. Pursuing a personal injury claim on your own without legal assistance opens you up to any number of possible setbacks, missed deadlines, and surprises you may not know how to handle.

The legal team at Wigod & Falzon can provide you with the peace of mind you need while pursuing your personal injury claim. We can help you develop your case, gather the evidence you need to prove your claim and make sure you are not taken advantage of by insurance companies who may try to intimidate you into settling for a low offer. Contact us to schedule a consultation with one of our valued team members.

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