Manistee is a city located in Manistee County, Michigan that is home to about 6,000 people. Residents and visitors can explore attractions such as the Manistee River, the Manistee North Pier Lighthouse, and the Manistee National Forest. Another popular spot is the downtown Manistee Marketplace, which has many retail shops, galleries, and restaurants, some of which overlook the River Channel and the Riverwalk. Despite these pleasant surroundings, careless or reckless actions may cause sudden and devastating harm to individuals and families. If this happens to you or a loved one, you can seek the help of a Manistee injury lawyer at the Neumann Law Group. We are familiar with the nuances of all types of personal injury claims, such as those arising from car crashes, medical malpractice, dangerous drugs, slip and falls, sports injuries, pedestrian accidents, and workplace accidents.Assert Your Right to Compensation After an Accident
If you have been harmed by someone else’s carelessness, you can typically file a negligence claim. In most situations, negligence consists of a failure to exercise reasonable care in one’s actions. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to succeed in a negligence claim, the plaintiff must demonstrate that the defendant owed the plaintiff a duty of care, the defendant breached the duty of care, the defendant’s breach was the direct and proximate cause of the plaintiff’s injuries, and the plaintiff incurred actual damages.
In medical malpractice cases, the standard of care is slightly different. The plaintiff must establish that the defendant health care provider failed to adhere to the accepted medical standard of care for someone in the same specialty treating a patient in similar circumstances. Expert testimony is typically used to show that the specific acts or omissions committed by the medical professional deviated from the medically accepted standard of care. It also may be helpful in explaining how the defendant’s breach resulted in the plaintiff’s injuries.
Every medical malpractice case in Michigan must be filed together with an affidavit of merit signed by a health care professional who is qualified under MCL 600.2169. To qualify under the statute, experts testifying in medical malpractice lawsuits are required to be licensed professionals practicing or teaching in the same area of specialization as the defendant. The testifying expert must also have all of the same board certifications as the professional being sued. This law is designed to ensure that the experts who are testifying in the case have a thorough understanding of the subject matter in question.
People who can establish negligence probably will be entitled to compensation for their harm. Typically, a plaintiff will be able to recover medical expenses, lost income and earning capacity, pain and suffering, property damage, any costs of future treatment, and other items.
Keep in mind that there exists a specific timeframe, commonly known as the statute of limitations, during which one must file personal injury, medical malpractice, and wrongful death claims. Under Michigan law, a personal injury claim must be filed within three years of the incident. Similarly, the filing period for a wrongful death lawsuit is confined to three years from the date of the individual's passing. If the case is not initiated within this designated timeframe, it is typically not permitted to proceed. Michigan law mandates that medical malpractice lawsuits must be filed within two years of the health care provider's action (or failure to act) that gave rise to the claim, however if more than two years have passed since the health care provider's mistake, any related medical malpractice claim can still be filed within six months of when the patient's harm was discovered, or reasonably should have been discovered. Our experienced Manistee injury lawyers are here to assist you in ensuring that your claim is filed within the statute of limitations, thereby securing the compensation you rightfully deserve.Explore Your Options with an Injury Lawyer in Manistee
At the Neumann Law Group, our Manistee injury attorneys have the skill and knowledge necessary to assist victims and their families in pursuing compensation. With years of experience behind us, we can provide you with sound legal advice at each step of the process. We understand that dealing with the aftermath of an accident is never easy, but it is important to understand your legal rights and options. We also are available to assist people throughout our Michigan communities served who need a criminal defense attorney or guidance with 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.