It only takes a second. A momentary distraction. A simple oversight. Clouded judgment. Accidents caused by other's negligence can have a profound impact on a person's life.

For those who have been injured in any kind of accident, the recovery process can be a lengthy one. Initially, the focus is on healing physical injuries. However, those injured in a Michigan car crash or another type of accident face other hurdles. Mounting medical bills and time missed from work can create financial strain, adding to post-accident stress and anxiety. At the Michigan personal injury law firm of Sommers Schwartz, P.C., we have successfully been representing injured clients for the past 45 years. Our team of renowned Detroit personal injury lawyers works around the clock to ensure that every client is afforded the personalized attention they deserve.

FACT

$1 billion

recovered in compensation for our clients

PERSONAL INJURY RESOURCES

At Sommers Schwartz, we represent individuals and families in all types of Michigan personal injury claims. Through our tried-and-true style of client-centered representation, we have recovered over $1 billion in compensation for our clients

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$7.4 MILLION for brain damaged infant.

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Practice Areas

Below are just a few of the types of cases we handle:

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Unlike other law firms that handle only a handful of common types of cases, we believe we have a responsibility to help all accident victims, regardless of how they were injured.

Our team is ready to fight for you

Auto Accidents

Michigan Auto Accidents

No one gets into a vehicle thinking that they will be involved in a major car accident. Yet, in 2018 alone, more than 75,000 people were seriously injured in Michigan auto accidents, and another 974 were killed. The vast majority of these accidents were entirely preventable.

Causes of Car Accidents

Michigan car accidents can take a tremendous toll on motorists and their families.

During recovery, people are often unable to work. Adding to this financial strain are medical bills. Those injured in a Michigan truck accident, motorcycle accident or other motor vehicle accident should not be forced to bear the financial burden of another's negligence. However, insurance companies may be of little assistance, as they are primarily concerned with settling a claim for as little compensation as possible.

According to statistics compiled by Michigan's Traffic Crash Reporting System, the most common causes of traffic accidents are:

  • Speeding
  • Disregarding a traffic signal
  • Careless driving
  • Failure to yield the right of way
  • Drunk driving
  • Drugged driving

At Sommers Schwartz, we work with accident victims and their families to help them recover maximum compensation for their injuries. Whether you have been injured in a Detroit motorcycle accident, pedestrian accident or bicycle accident, our dedicated attorneys are here to help. Our Michigan personal injury lawyers have over 45 years of experience advocating on behalf of the injured and know what it takes to bring a case on our clients' behalf successfully.

Michigan Product Liability Cases

When a company manufactures a product, the manufacturer is assuring the public that the product is safe for its intended use. However, companies routinely sell unreasonably dangerous products that suffer from design or manufacturing defects. These defects can put not only the user of the product in danger, but may also place the general public in jeopardy. Other products, even when properly designed and assembled, present a serious risk to users. Manufacturers of these products have a duty to warn users about a product?s dangers.

When a dangerous or defective product causes injury, the manufacturer may be liable through a Michigan product liability lawsuit. Importantly, when designing a product and determining what warnings to include, manufacturers must consider that a product might be misused. The extent of misuse that a manufacturer must consider, however, is a matter that is typically left for the courts.

The law in Michigan governing defective and dangerous products is very nuanced and can be quite complicated. For example, in some cases, a plaintiff can proceed on a theory of strict liability, meaning there does not need to be a finding that the manufacturer was negligent. However, a plaintiff may need to show that there was a cost-effective alternative design that the manufacturer could have used that would have prevented the risk of injury. In such cases, the testimony of an expert witness will likely be necessary.

At Sommers Schwartz, we routinely handle complex product liability cases in Michigan and throughout the country. Many of our cases pertain to medical devices and dangerous drugs; however, we also handle claims of defective vehicles, machinery and consumer good.

Featured Result

$1.0 MILLION

Settlement in a defective equipment case

PREMISES LIABILITY

Michigan Premises Liability Cases and Slip-and-Fall Accidents

Most lawsuits are brought by individual plaintiffs who suffered either financial loss or physical injury due to another's negligence. Often, these cases involve a single negligent act that seriously impacted the plaintiff's life. However, sometimes a company's negligent act or decision impacts many people. A class action lawsuit is similar to a traditional lawsuit except that it is brought by a group of people, all of which are dealing with the same legal issue.

Michigan law categorizes guests as either "licensees" or "invitees," depending on the reason for their visit. A plaintiff must be legally present on the property to recover damages.

  • If an accident victim is less than 50 percent at fault:
    If an accident victim is less than 50 percent at fault, both their economic and non-economic damages will be reduced by their percentage of fault. For example, if a Michigan truck accident victim sustained $400,000 in damages but was 10 percent at fault, their total recovery would be $360,000.
  • If an accident victim is more than 50 percent at fault:
    In this case accident victims are not eligible to recover non-economic damages, including for their pain and suffering. However, even in this situation, a plaintiff can still pursue a claim for their economic damages, such as medical expenses, lost wages, and loss of earning capacity. These damages will be reduced by the plaintiff's percentage of fault.

Premises liability cases vary in type

For example, slip-and-fall accidents often occur in retail shops, grocery stores or government buildings. Frequently, these accidents are the result of spilled liquids, damaged stairs, poor construction, missing handrails, uneven pavement or other unmarked hazards. To succeed in a Detroit trip-and-fall case, a plaintiff must prove that the defendant landowner knew or should have known about the dangerous condition and failed to take the necessary steps to fix it.

Property owners can also be liable for injuries caused on their property as a result of a third party?s actions. Most often, this arises in the context of an assault. For example, if someone is assaulted at a bar, the bar may be liable for failing to take the necessary steps to prevent violent or criminal acts.

At Sommers Schwartz, we seek to hold property owners accountable for the injuries caused by their negligence. For over the past 45 years, we have proudly represented those who have been injured in Michigan slip-and-fall accidents, and know what it takes to succeed in even the most complex premises liability cases.

Featured Result

$4.5 MILLION

Settlement in fallen line electrocution case

Medical Malpractice

Michigan Medical Malpractice & Birth Injury Claims

Medical malpractice is a type of professional negligence that is the result of a medical professional failing to provide care that is up to the accepted standard of care. A medical mistake may occur in a doctor's office, operating room, dentist's office or emergency room.

Medical Malpractice

By some estimates, up to 90 percent of medical errors are not reported.

Each year, there are thousands of Michigan medical mistakes, medication mix-ups, and surgical errors. The exact number of medical malpractice incidents can be hard to determine, because the medical community tends to cover for their own, and incidents of medical malpractice are widely understood to be vastly under reported.

90

percent

According to a recent study, there are as many as 251,000 deaths each year that are the result of preventable medical errors. Of course, when considering errors that result in a patient suffering severe injury, these numbers dramatically increase.

6

per 1000

The initial moments following birth are critical time periods when medical decisions may determine whether a newborn will be healthy or suffer long-term consequences. Six to eight out of every 1,000 of babies are victims some form of trauma during the labor and delivery process.

Birth Injury

Birth injury claims are a type of medical malpractice case.

A birth injury occurs when an infant suffers damage or trauma before, during or shortly after delivery. Birth injuries often occur as a baby descends through the birth canal; however, they can occur at any point during labor or delivery. Trauma suffered at birth can cause irreversible damage to a baby, including the development of lifelong conditions affecting the muscles, nerves and brain.

Expert witnesses in medical malpractice and birth injury cases

These cases almost always require the testimony of an expert witness, because many of the issues presented in Michigan medical malpractice cases are beyond the common understanding of most jurors. Indeed, the selection of an appropriate expert is one of the most critical decisions in a medical malpractice claim.

At Sommers Schwartz, we have over 45 years of experience handling all types of Detroit medical malpractice cases. Throughout this time, we have developed a reputation for being thoughtful, aggressive and skilled litigators, earning the respect of both our colleagues and adversaries. Our attorneys help set the standard to which doctors across the country are held.

Featured Result

$1.9 MILLION

Compensatory damages for brain injury & cerebral palsy

Sommer Schwartz lawyers have authored textbooks on how to effectively handle birth injury cases.

We are routinely invited to speak at important birth trauma conferences including the Boston University Medical School Annual Perinatal Conference and the American Conference Institute's Annual Advanced Forum on Obstetric Malpractice Claims.

Our winning track record is impressive.

Our attorneys have been trailblazers in the arena of birth injury lawsuits.

Wrongful Death

Michigan Wrongful Death Cases

Losing a loved one is always a tragic event. But losing a loved one due to an entirely preventable accident adds another layer of tragedy. While nothing can bring back a family member who was killed in a senseless accident, surviving loved ones can pursue a Michigan wrongful death claim against the responsible party.

Personal representatives

A wrongful death claim is a type of personal injury claim that is brought by the personal representative of the estate of the deceased accident victim. While Michigan wrongful death cases must be brought by a personal representative, they are for the benefit of surviving family members, including a spouse, children, other descendants, parents, grandparents and siblings.

Surviving family members include:

  • SPOUSE
  • CHILDREN
  • PARENTS
  • GRANDPARENTS
  • SIBLINGS

Compensation in wrongful death cases

Aggrieved family members who successfully pursue a wrongful death claim may obtain compensation for medical, hospital, funeral, and burial expenses as well as compensation for their loved one's lost wages and pain and suffering.

In addition, family members can recover for the loss of financial support and companionship that their loved one provided. Under the state's statute of limitations, a Michigan wrongful claim must be brought within three years of the date of death; otherwise, a court will likely dismiss the case.

For those who have lost a loved one in a preventable accident, the Michigan wrongful death law firm of Sommers Schwartz is here to help. Our team of skilled injury lawyers are well respected throughout Michigan and across the country and are known for helping aggrieved loved ones pursue maximum compensation for their loss.

Michigan's Modified Comparative Negligence Laws

As experienced Michigan personal injury attorneys, one of the most common questions prospective clients ask us is whether they can still recover for their injuries if they are partially at fault for the accident resulting in their injuries. Simply stated, the answer is yes. However, because a plaintiff's total recovery amount can be reduced in these situations, it is critical to minimize a plaintiff's fault where possible.

Featured Result

MULTI-MILLION DOLLAR

Settlement in the wrongful death of a 33-year-old man

Comparative negligence

If an injured person is partially at fault for causing the accident, Michigan's comparative negligence rules apply.

Michigan personal law allows an accident victim to obtain compensation for their injuries from all responsible parties. Under Michigan Compiled Laws section 600.2959, a plaintiff will not be precluded from pursuing a claim against an at-fault party, even when they share responsibility.

If sharing fault, a party's non-economic damages may be reduced or entirely prohibited.
  • If an accident victim is less than 50 percent at fault:
    If an accident victim is less than 50 percent at fault, both their economic and non-economic damages will be reduced by their percentage of fault. For example, if a Michigan truck accident victim sustained $400,000 in damages but was 10 percent at fault, their total recovery would be $360,000.
  • If an accident victim is more than 50 percent at fault:
    In this case accident victims are not eligible to recover non-economic damages, including for their pain and suffering. However, even in this situation, a plaintiff can still pursue a claim for their economic damages, such as medical expenses, lost wages, and loss of earning capacity. These damages will be reduced by the plaintiff's percentage of fault.

What to Expect When Working with Our Dedicated Team of Detroit Personal Injury Lawyers

After an accident, you will likely have questions. Not all accidents are straightforward, and you may be unsure who was legally at fault. You may have questions about where to obtain the best medical care, how to pursue an insurance claim against the at-fault driver, or whether you need to file a Michigan car accident case.

We are here to help you.

well-respected

Our well-respected attorneys are known as authorities in Michigan personal injury and medical malpractice law.

Respect: Throughout the country, our well-respected attorneys are known as authorities in Michigan personal injury and medical malpractice law. Of course, our results speak for themselves, but clients also appreciate our professionalism, enthusiasm and diligence. We understand how important the recovery process is to you and your family, and we will always make ourselves available to discuss your case and answer any questions.

transparenT

As part of our promise to you, we offer a free consultation in which you will meet with an attorney.

Transparency: We believe in transparency. As part of our promise to you, we offer a free consultation in which you will meet with an attorney to discuss your case. Our attorney will listen to what is important to you and explain if we can help and, if so, how. We will answer any questions you have regarding the recovery process. And because we work on a contingency basis, we never receive any compensation for the work we put into your case unless we are successful in helping you recover for your injuries.

Attorney Referrals

Sommers Schwartz welcomes referrals from attorneys throughout the United States.

When you need to refer a matter to experienced lawyers with proven results, your search begins and ends here.

100% referral fee payment record

Over $60 million in referral fees paid in the last decade alone

Contact an Experienced Michigan Personal Injury Law Firm for Immediate Assistance

To learn more about how we can help you pursue a claim for compensation, call us today at 866-753-7774 to schedule a free consultation.

If you or a loved one suffered a catastrophic injury after any type of Michigan accident, contact the dedicated team of attorneys at Sommers Schwartz, P.C. For more than 45 years, we have fought for the rights of injured individuals as well as their families. Our team of experienced attorneys handles all types of personal injury cases in Detroit and across the state, helping our clients obtain the compensation they need to move on with their life.