Kalkaska

Injury Attorneys Serving Victims in Kalkaska

Kalkaska is a village in Northern Michigan with a population of about 2,000 residents. It experiences a considerable amount of snowfall each year, since it is located in a “snow belt” on the receiving end of the lake effect snow from Lake Michigan. The town is home to two annual festivals: the National Trout Festival and the Winterfest. Even in this tranquil setting, accidents can cause devastating harm to residents and visitors. If you have been hurt due to someone else’s carelessness, the Kalkaska injury lawyers at the Neumann Law Group can help you bring a claim against the party that harmed you.

Asserting the Right to Compensation After an Accident

When someone else’s careless conduct is the cause of an accident in which you were hurt, you may be able to file a negligence claim. Common examples of these situations include car, truck, and motorcycle crashes, slip and fall accidents, nursing home negligence, and medical malpractice. Generally speaking, a negligence cause of action arises when a person or entity fails to use reasonable care to avoid posing a foreseeable risk of harm to others.

In most ordinary situations, reasonable care refers to the level of care that a prudent person would use in the same or similar circumstances. To succeed in a negligence claim, the plaintiff must establish that the defendant owed him or her a duty of care, the defendant breached that duty, the accident was a direct result of the defendant’s breach, and quantifiable costs and losses arose from the accident. For example, drivers of all motor vehicles have a duty to drive safely and obey traffic laws. A car driver who runs a red light, drives while drunk, or flagrantly violates the speed limit probably would be found to have breached this duty. This is because it is reasonably foreseeable that other people could be harmed in this situation.

In Michigan, a version of the modified comparative negligence principle applies to damages awards. This doctrine may reduce a victim’s compensation by his or her own percentage of fault, if any. For example, an injured person deemed to be 15 percent at fault for a car accident still may be able to recover 85 percent of his or her total damages. As long as the injured person is not completely at fault, he or she can potentially recover an award of economic damages from a defendant in proportion to that party’s degree of fault. Economic damages consist of relatively objective costs like medical bills, lost income, and property damage. However, if a victim is 51 percent or more at fault, he or she will not be able to recover any noneconomic damages. These are more subjective forms of damages, such as pain and suffering or emotional distress.

Here in Michigan, the notion of punitive damages is not acknowledged in the manner it may be in other jurisdictions. However, Michigan does allow for the recovery of what is termed “exemplary damages.” In contrast to punitive damages, exemplary damages are not intended as a form of punishment for the offender; rather, they serve to compensate the plaintiff for emotional distress. The justification for an award of exemplary damages arises when the plaintiff experiences “humiliation, sense of outrage, and indignity” stemming from injuries that were inflicted by the defendant in a manner deemed “malicious, willful, and wanton.” When appropriate, our attorneys will make a compelling argument for you to receive exemplary damages in excess of both the economic and non-economic damages applicable to your case.

Consult an Injury Lawyer in the Kalkaska Area

Victims of avoidable accidents have rights to assert. At the Neumann Law Group, our Kalkaska injury attorneys thoroughly understand the nuances of this area of law and can put our knowledge to use in your case. Kelly Neumann often obtains verdicts and settlements in the millions of dollars for accident victims. Moreover, we are available to advise people in our communities served who need a criminal defense attorney or guidance in real estate, estate planning, family law, collections, and mediation matters. Contact us online or call us toll-free at (800) 525-6386 to set up a free consultation.