People are injured, even killed, every day in Michigan in what we refer to as an “accident”. These “accidents”, however, are often not truly accidents. Instead, they are frequently the result of negligence on the part of another party. When the negligent acts or omissions of another party are the cause, or a contributing factor, in an injury “accident” or a death, the injured party or the survivors may be entitled to sue the responsible party for damages.
Torts is the area of the law that addresses injuries to people or property. Within the broad area of “torts” is where we find personal injury accidents, premises liability accidents, dog bites, wrongful deaths, and any other scenario where a victim was injured or killed as a result of another party’s wrongful or negligent conduct.
Whether or not you have a valid basis for a lawsuit will depend on a number of factors. Most personal injury lawsuits are based on negligence. Negligence requires you to prove that the defendant had a duty of care to the victim and that the duty was breached by the defendant. A motorist who operates a vehicle on a public roadway, for example, has a duty of care to others sharing the roadway. If that motorist is texting while driving and causes a collision, the motorist has likely breached the duty of care owed to the victims who are injured in the collision.
Negligence, however, is not the only basis used for tort lawsuits. Some claims are based on strict liability or intentional conduct on the part of the defendant. Michigan, for example, has a strict liability statute that holds the owner of dog responsible for injuries caused when the dog bites someone under most circumstances. Intentional conduct, such as an assault, can also form the basis of a civil lawsuit for damages.
The same analysis is used in the case of a wrongful death. The primary difference is that a survivor files a wrongful death lawsuit instead of the person who was actually injured. In addition, the compensation available in a wrongful death lawsuit is a little different that the compensation available in a personal injury lawsuit.
If you believe that you are entitled to file a lawsuit as a result of injuries suffered in an “accident” or as a survivor in a wrongful death, consult with an experienced Southfield wrongful death attorney right away.
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