Cadillac is a city located in Wexford County, Michigan, with a population of over 10,000 residents. Often known as “Chestnut Town,” it has a relatively high number of chestnut trees and even boasts an annual Chestnut Harvest Festival. In addition, Cadillac is home to many lakes, forests, and recreational trails. Some popular sites in the area include the Eldorado Golf Course, the Caberfae Peaks Ski & Golf Resort, and Adventure Island. With the numerous attractions, however, comes a risk of serious accidents for residents and visitors. If you have been hurt because of the carelessness of someone else, you should contact the Cadillac injury lawyers at the Neumann Law Group. Our principal, Kelly Neumann, consistently secures verdicts in the millions of dollars for accident victims across hundreds of communities served. She is ready to fight for your rights and guide you in pursuing compensation.Bringing a Negligence Claim After an Accident
Devastating harm can happen in many situations, such as car accidents, slip and falls, incidents of medical malpractice, workplace injuries, construction accidents, and negligence or abuse in nursing homes. If you have been injured in an accident that was not your fault, you likely will be able to take legal action against the at-fault party through a negligence claim. Negligence occurs when an individual or business fails to exercise the appropriate level of care, and that failure causes harm to someone else.
While the standard of care varies in some contexts, it is generally defined as the level of care that a reasonable person or entity would exercise in similar circumstances. For example, a storeowner that fails to clean up a spill in an aisle probably would be deemed negligent if that spill caused a customer to slip and injure him or herself. Likewise, a driver who fails to yield at an intersection and strikes a vehicle that had the right of way usually will be found liable for the victim’s injuries.
To prevail on a negligence claim, a plaintiff must establish the following elements:
- The defendant owed the plaintiff a duty of care;
- The defendant violated the duty of care owed to the plaintiff;
- The defendant’s breach was the direct cause of the accident; and
- The plaintiff suffered quantifiable damages as a result.
In many situations, a successful plaintiff will be able to recover compensation for medical expenses, lost wages, pain and suffering, property damage, and other economic and non-economic damages. While there is no limit to the economic damages that you may receive for your injuries, Michigan does limit non-economic damages to $280,000. In cases involving serious injury or death, however, a plaintiff may recover up to $500,000 in non-economic damages.
Assessing liability proves intricate, particularly within Michigan's legal framework where the courts enforce the modified comparative fault doctrine to distribute responsibility among parties involved. This doctrine dictates that damages undergo proportional reduction if the plaintiff holds some degree of responsibility for the accident. To illustrate, if the plaintiff is assigned 20 percent at fault, the total award is diminished by that percentage, permitting potential compensation for 80 percent of the incurred costs and losses. It is imperative to note that the initial judgment on fault by a law enforcement officer might not serve as the conclusive allocation adopted by the court.
As in other states, Michigan law limits the amount of time in which a plaintiff may file a personal injury claim. This rule is known as the statute of limitations. In Michigan, you have three years from the date of an accident to file a personal injury case. The statute of limitations to file a wrongful death claim is also three years, whereas the statute of limitations for a medical malpractice is two years.Protect Your Rights by Consulting an Injury Lawyer in the Cadillac Area
If you have been harmed because of someone else’s negligence, you may be entitled to compensation. The Cadillac injury attorneys at the Neumann Law Group can assess the details of your situation and explain your legal options. We can diligently advocate for your rights in settlement negotiations and at trial. We are also ready to assist people who need a criminal defense lawyer or representation in real estate, estate planning, family law, collections, or mediation matters. Contact us online or call us toll-free at (800) 525-6386 to set up a free consultation with a qualified attorney today.