|
PERSONAL INJURY
For more than 25 years, the Law Firm of Edward Duke
has been serving clients throughout the state of
Michigan who have suffered injuries as the results of
another's negligence. Our law firm is dedicated to
providing representation and advocacy for those who have
been severely injured or the families of victims of
wrongful death caused by the errors, omissions,
carelessness or inattention of others, including medical
professionals and drivers involved in motor vehicle
collisions.
At the Law Firm of Edward Duke, we assist clients in
receiving the maximum possible compensation for their
injuries, lost wages, and other damages in all types of
cases. If you or someone you know has suffered an injury
due to the negligence of a third party, you have the
right to file a personal injury lawsuit to recover
everything you have lost as a result of the
injury.
What is 'Personal Injury?'
"Personal injury" is the general title
given to civil wrongs (torts) that cause bodily injury
or harm. A tort assigns responsibility to an individual,
group or corporation (defendant) for causing injury to
another person (plaintiff). The primary goals of
personal injury law are to provide relief (damages) to
the plaintiff and to deter the defendant from inflicting
further harm to others.
Personal injury litigation encompasses a wide variety
of claims including:
- wrongful death
- birth defects caused by toxic chemicals
- cancer caused by toxic chemicals
- accidents:
- slip and fall
- aviation
- motor vehicle
- railroad
- ATV
- motorcycle accidents
- boating and watercraft accidents
- animal bites
- medical malpractice
- premises
- product liability (e.g., defect in either
manufacturing or design of product; failure to
warn)
- nursing home and elder abuse
- toxic torts - including chemicals & cosmetics,
class actions, hazardous waste, pesticides,
radiation and electromagnetic energy
- Class action (several related lawsuits are
combined into one to avoid swamping the judicial
system with hundreds or thousands of individual
cases)
- medical devices
- pharmaceutical products
According to the law, personal injury victims are
entitled to compensation for the plaintiff's breach of
duty or violation of some right. If the jury finds the
defendant guilty of negligence or wrongful conduct, then
you will be entitled to receive plaintiff damages.
What Are Damages?
Damages can be economic (for lost wages or medical
expenses), non-economic (for pain and suffering), and
punitive (to punish reckless behavior). Punitive damages
are usually awarded only if the defendant's actions were
so heinous that the judge believes it necessary to make
an example of the defendant. If your injury was caused
by a defect in a product's design, production or
labeling, any or all parties involved in the
manufacturing chain can be held liable for
damages.
While some personal injury suits may be based on
intentional acts such as assault and battery, most
claims are due to negligence. To win your case, the four
critical components of negligence must be established.
These critical elements are:
- The defendant had a duty to you;
- The defendant failed in that duty (breach of
duty);
- That you were harmed because of the defendant's
breach of duty; and
- That damages resulted from the harm.
In many instances, you can recover any medical
expenses as a result of your injury, such as doctor and
hospital bills, medications, therapy, home health care
and all other related medical expenses, as well as any
future medical expenses you reasonably expect to incur.
You can also recover for the physical pain and suffering
you have sustained, your out-of-pocket expenses, your
mental and emotional anguish, your lost wages, benefits
and other compensation, any loss of your future earning
capacity, and the future diminishment of your enjoyment
of life.
Personal injury cases are complex. At the Law Firm of
Edward Duke, our personal injury attorneys provide tough
and aggressive representation aimed at moving your case
forward and obtaining full compensation for your
injuries. Because of the statute of limitations, it is
important that you act quickly or you may permanently
lose your right to file a claim.
Contact an attorney at the Law Firm of Edward Duke
today. Call us at (810) 664-2700, or you may contact us
via our online form.
<< Back to Practice Areas
|
