Oakland County Attorney Fighting For The Injured, Disabled & Accused
There are few things in life more difficult than finding yourself unexpectedly facing a serious injury or legal challenge. At Bahrie Law, PLLC, we understand that – whether you are seeking financial compensation after an accident, working to protect your rights in the face of criminal accusations, or navigating a divorce or child custody arrangement – the legal system can be daunting. But when you work with our Oakland County attorneys, you can rest assured that you will receive the personal attention and compassionate counsel you deserve.
Since 1979, our firm has been representing clients in Oakland County and throughout the state of Michigan in an array of legal matters.
Our practice areas include:
- Personal injury
- Workers’ compensation
- Social Security Disability
We are prepared to assist you no matter the challenges life throws your way. Our caring and compassionate team is happy to discuss your case during a free, confidential consultation at one of our multiple office locations or via phone/video conferencing.
Who Can File A Personal Injury Claim In Michigan?
Generally speaking, anyone who is injured and/or suffers harm, resulting in measurable damages, because of another person, company, or entity’s negligent or wrongful conduct can file a personal injury claim. In other words, if you were injured and someone else is to blame, you likely have grounds for a case.
To file a personal injury claim in Michigan under the legal theory of negligence, you must be able to prove the following:
- Duty of care: Another person/party had an explicit or implied responsibility to act reasonably and/or avoid conduct that posed a foreseeable risk of injury to others
- Breach: The other person/party failed to uphold the duty of care and/or acted negligently, recklessly, or wrongfully
- Causation: The other person/party’s breach of the duty of care (negligent/wrongful conduct) was the proximate cause of your injuries
- Damages: You suffered economic and/or noneconomic damages, such as medical bills, pain and suffering, lost income, and reduced quality of life
It is important to note that filing a personal injury claim (also known as a third-party claim) is not necessarily the appropriate course of action depending on the specifics of your situation. For example, Michigan follows a no-fault system when it comes to car and other motor vehicle accidents. This means that all motorists in the state are required to carry personal injury protection (PIP) insurance. After an accident, victims can typically turn to their own auto insurance providers and recover compensation for specific losses, including medical expenses, regardless of who was at fault for the crash.
While this is typically the first step in seeking compensation after a motor vehicle collision, your available PIP coverage may be insufficient. If you have excess medical expenses that go above and beyond your PIP limits, and if your injuries meet the state’s “serious injury” threshold, you may be able to step outside the no-fault system and file a third-party claim against the at-fault driver (or another party).
What Is Comparative Negligence?
Comparative negligence is the legal theory that allows an individual to recover for damages even if they were partly at fault for an accident.
There are two main types of comparative negligence:
- Pure comparative negligence: The injured party can recover compensation regardless of their degree of fault
- Modified comparative negligence: The injured party can only recover compensation if their degree of fault falls below a specified bar (typically around 50%)
In either case, the injured party can still file a claim and recover compensation, but their total recovery will be reduced in direct proportion to their degree of fault. So, for example, if you are found to be 30% at fault for an accident, you can only recover up to 70% of the total compensation you would have received if you were not found partially to blame.
Michigan’s comparative negligence laws are relatively unique in that the state follows both a pure comparative negligence and modified comparative negligence rule depending on the type of damages being sought. If you are seeking economic damages (those with a specific monetary value), the rule of pure comparative negligence applies. If you are seeking non-economic damages, the rule of modified comparative negligence (with a 50% bar) applies. This means you can only recover compensation for pain and suffering, lost quality of life, and other intangible losses if you can prove that you were less than 50% to blame for the accident or event that caused your injuries.
How Bahrie Law, PLLC, Can Help You With Your Case
Working with an attorney can make a huge difference in the outcome of your case. Working with the right attorney can make the process far less stressful and overwhelming than it would otherwise be.
At Bahrie Law, PLLC, we are committed to going above and beyond when it comes to serving our clients. We have the experience, resources, and skill to handle every detail of your personal injury, workers’ compensation, or Social Security Disability claim. Our goal is to take care of the legal processes so that you can focus on healing and getting back on your feet.
Our Oakland County personal injury lawyers can help you with every aspect of your claim, including but not limited to:
- Investigating the accident
- Assessing your injuries and damages
- Gathering applicable evidence
- Submitting necessary documents
- Meeting critical deadlines
- Handling all required paperwork
- Negotiating with the insurance company
- Fighting for a favorable settlement
- Navigating disputes
- Preparing your case for litigation
- Ensuring you are prepared for trial
- Representing you in the courtroom
In every case, our goal is to ensure that you are informed and up to date on the status of your case, as this allows you to better protect your rights and make empowered decisions about your future.
Don’t Wait – Schedule Your Complimentary Consultation Today
Whether you were injured due to the careless or negligent actions of someone else, have been accused of or charged with a crime, or are fighting to retain custody of your child, time is of the essence. The sooner you reach out to our legal team, the sooner we can begin building a case that protects your rights and best interests. In some cases, including those involving personal injury lawsuits and workers’ compensation claims, there are various deadlines you must meet to avoid missing your opportunity to recover compensation and/or benefits.
We encourage you to reach out to Bahrie Law, PLLC, today to learn how our Oakland County lawyers can help you with your case. From our office in Detroit, we provide free initial consultations and proudly represent clients throughout the Oakland County area and beyond.