Grand Rapids Injury Attorneys
If you suffer injuries at the hands of another person or entity, you may be able to hold them accountable through a personal injury lawsuit. You may have a claim for Social Security Disability or workers' compensation benefits as well. It is important to consult an experienced Grand Rapids injury lawyer about your situation. McCroskey Law is proud to have served injured people since 1949. We have been dedicated to workers' rights throughout our history. In the 1950s and 1960s, members of the firm handled numerous workers' compensation matters that established the rules that we continue to use in workers' compensation claims today. We also were instrumental in founding the American Trial Lawyers Association.
The Michigan Workers' Disability Compensation Act of 1969 covers workers injured on the job, whether or not they were at fault for their own injuries. Work injuries can include physical injuries, mental injuries, or occupational diseases, and they do not need to arise as a result of a traumatic incident. Instead, they may result from repetitive tasks or may be cumulative over time. Generally, a change in symptoms of a pre-existing condition is not compensated through workers' compensation. Work must cause, contribute to, or aggravate a pre-existing condition in order to be compensable. Workers' compensation benefits to which you may be entitled in Michigan include any reasonable and necessary medical treatment, wage loss benefits, and vocational rehabilitation.Social Security Disability and SSI
If you are disabled, you may be able to obtain Social Security Disability Insurance (SSDI) benefits or SSI benefits. SSDI is a program that the federal government created to assist eligible disabled people in meeting their basic living and medical expenses. In order to obtain SSDI benefits, you must have coverage, which is decided by how long you have worked in a job covered by SSDI, and also have a qualifying disability. However, you should be aware that many legitimate claims are denied at the initial application stage. It can be important to retain an attorney early in the process to improve your odds of having your claim accepted. If you were denied Social Security benefits, you may be entitled to appeal the denial, and it is wise to retain counsel for the appeal.
If someone else injured you, you may have a basis to sue for damages. Most often, the damages will be compensatory, meaning that their purpose is to put you back in the position in which you would have been had you not been injured. In Michigan, you need to bring a personal injury claim within three years to avoid being barred by the statute of limitations. In most cases, the three-year period starts running on the accident date, but sometimes the clock will start running on the date that you discover that you were injured. Most personal injury lawsuits are based on negligence. This means that your Grand Rapids injury attorney will need to prove that the defendant owed you a duty of care, they breached the duty, and your injuries were a direct result.Car Accidents
Michigan uses a no-fault system for car accident cases. In other words, Michigan drivers are supposed to buy no-fault insurance. After an accident, they must first turn to their own insurance for compensation for economic losses. Generally, no-fault policies cover replacement services up to a certain sum, including lost wages and necessary medical costs. You can only sue an at-fault driver in civil court for your noneconomic damages if you suffer a serious impairment of a bodily function. In other words, you will need to have suffered injuries to a bodily function that truly undercut your capacity to lead a normal life. Alternatively, if you have a closed head injury or you were disfigured in a car accident, you can file a lawsuit, even if you cannot meet the statutory requirement of a serious impairment.Medical Malpractice
When you go to a Michigan doctor, you trust that you will be treated competently. However, doctors and nurses do make mistakes that can cause serious harm. In order to recover damages for medical malpractice, an injury attorney in the Grand Rapids area will need to prove that a professional standard of care was owed, there was a breach of the professional standard of care, and the patient suffered harm as a result. The professional standard of care will be comprised of the practices or procedures used by similar medical professionals to treat a patient who is similarly situated and who is suffering from a particular medical condition or illness. While there is no cap on economic damages for medical malpractice, tort reform has placed severe restrictions on what victims of medical malpractice can recover in terms of noneconomic losses. You only have about two years from the conduct that you believe was medical malpractice to bring your claim.Products Liability
If you were injured by a defective product, you may be able to bring a product liability lawsuit for compensation. Each state handles product liability lawsuits differently. The Michigan Product Liability Act requires you to prove certain elements in order to pursue a defective product case. There are different types of issues that are actionable: negligent design, negligent failure to warn about an aspect of the product, fraud, or misrepresentation. You can also hold a manufacturer accountable for a breach of an implied or express warranty or negligent manufacturing. You will need to show that the product that harmed you was unreasonably dangerous when it left the manufacturer's control.Nursing Home Negligence
When you put a beloved family member in a nursing home, legal issues may arise. Nursing home negligence and abuse occur when a nursing home or its staff fail to treat a resident with the reasonable care expected from a caregiver under the circumstances, such that the resident is injured. Negligence may involve a failure to supervise a resident in the shower or bath, a failure to turn immobile residents to prevent bedsores, a failure to monitor nutrition and hydration, verbal abuse of residents, a failure to obtain appropriate medical care, and chemical restraints. If you notice that your loved one has bedsores, infections, unexplained fractures and bruises, personality changes, or other disturbing symptoms, you should consult a Grand Rapids injury lawyer to find out if you may have a claim.Family Law
Often, divorces are heated with regard to issues such as property distribution, child custody, child support, or alimony. When there is a controversy about one or more of these matters, it is very important to retain an experienced family law attorney. If you file for a divorce in Michigan, either your spouse or you need to have lived in Michigan for 180 days before filing the divorce complaint. One of you needs to have also lived in the county where you are filing for the 10 days immediately before filing. You can file for a no-fault divorce in Michigan. In this type of divorce, a spouse must believe that there has been a breakdown of the marriage, such that the marriage's purpose has been destroyed, and there is no chance that the marriage may be fixed. Even so, property distribution and alimony may be affected by fault on the part of one or both spouses. When no kids are involved, there is a 60-day waiting period before the divorce is granted.Criminal Defense
Crimes can be charged as felonies or misdemeanors. Generally, felonies are charged when the conduct at issue is very serious. Both felonies and misdemeanors must be proven beyond a reasonable doubt, which is a tough standard. If you are convicted, sentencing guidelines may be used. Crimes are put in six different groups under Michigan's sentencing guidelines. These categories are crimes involving controlled substances, crimes against public safety, crimes against a person, crimes against property, crimes against public order, and crimes against a public trust. These categories are divided further into classes that determine the sentence. You should never assume that a conviction is assured. It is vital to obtain knowledgeable legal representation.Retain Our Grand Rapids Attorneys for Dedicated Representation
Whether you have been injured on the job, on the road, or in a nursing home, you should consult an experienced injury lawyer in the Grand Rapids area about whether you have a claim. At McCroskey Law, we are proud of having strong ties to the community. We help residents of Grand Rapids and people who live in other areas of Michigan. We have substantial resources and proven legal acumen, recovering millions for clients each year. Call our attorneys in Grand Rapids at 616-364-6607, Muskegon at 231-726-4861, or Battle Creek at 269-968-2215, or contact us through our online form.