Giroux Amburn, P.C.

Torts

Fighting for the Injured and the Wronged

If you were injured by someone else, knowingly or by accident, you deserve an attorney that will fight for you. The personal injury attorneys at Giroux Amburn, Southfield are prepared to do exactly that.

Tort law is a subset of law meant to provide relief to those who were injured due to someone else and to ensure that no one else suffers from a similar incident.

As such, the main goals of tort law are:

  • Compensation for injured victims
  • Legal obligation of the person who committed harm to pay damages
  • Deterrence of similar negligence or recklessness in the future

The goal is not to prove criminal liability, but rather to provide financial compensation to the victims for the wrongs they suffered.

There are three main types of torts:

  1. Intentional torts (e.g. intentionally committing harm against another person)
  2. Negligent torts (e.g. causing injury to another person due to action or inaction)
  3. Strict liability torts (e.g. liability for using certain types of products like explosives)

However, there are other areas of tort law, including economic torts, defamation, invasion of privacy, and specific torts such as battery, assault, or trespass.

Compensation, or damages, in tort cases are designed to recompense the victim to help them recover from their injuries, though this can be much broader than simply paying for a doctor’s appointment. As you and your loved ones know, recovery is a much broader process than short-term medical bills.

Common damages in tort law include:

  • Medical costs
  • Lost wages
  • Lost earning capacity
  • Permanent disability
  • Disfigurement
  • Pain and suffering
  • Personal property damage

No one should have to go through a life of hardship because of another person’s carelessness, greed, or ambivalence.

The attorneys at Giroux Amburn know that no sum can make up for the harm that was inflicted upon you. But we also know that you deserve closure and respect in order to move on with your life. Our goal is to hold the responsible party accountable for the harm they caused and make the legal system work for you.

Frequently Asked Questions

Q: What are my civil rights?

Generally speaking, your civil rights are those enumerated under the US Constitution and legislative acts. Civil rights are typically those considered to be related to an individual’s political and social freedom and equality.  These rights range from your right to free speech to your right to an attorney.

Q: What rights do I have if I’ve been arrested?

The most important rights to consider if you’ve been arrested or picked up by police are the right to an attorney, the right to avoid self-incrimination, and the right not to be unlawfully detained. You can always refuse to answer questions and request an attorney. If you have not been formally placed under arrest, you have the right to leave police custody. If you’ve been placed under arrest, the police have a certain amount of time they can hold you without formally filing charges. Even after you have been formally charged, you have the right to request a non-punitive bail, which can be granted or denied at the judge’s discretion.

Q: What is the statute of limitations for a civil rights claim?

Depending on the claims alleged, civil rights violations have varying statutes of limitations under state law. Federal courts typically apply the laws of the forum state in assessing the applicable statute of limitations. If you believe your rights have been violated, you should speak to a lawyer immediately.

Q: What are common types of civil rights claims?

Technically, a civil rights claim can be any act that in some way has infringed upon an individual’s autonomy.  The most common types of civil rights claims involve abuse by government actors, such as police brutality or misconduct, or agencies, wrongful termination, and employment discrimination.

Q: I believe my rights have been violated by the government or one of its officers. Do I have a claim?

Government actors and officers are protected by governmental and qualified immunity that bars claims. However, if it can be proven that the government or its officer acted with gross indifference or acted in a way that serves as an exception to their governmental immunity, you can pursue a claim.

Q: What is a 1983 complaint?

The most common type of civil rights claim is a federal 1983 claim. 1983 claims are those raised under 42 USC 1983, which governs the actions of governmental agents, like police officers. 1983 claims are often asserted when an individual has been assaulted by a police officer, a government funded institution commits a tort, or an individual suffers an injury or death while incarcerated.

Q: Can I file a civil rights claim on behalf of a family member or friend?

You can only file a civil rights claim on behalf of someone other than yourself if one of the following exceptions applies: wrongful death cases, an incapacitated plaintiff, a minor plaintiff, or a class action case.

Q: What is the difference between a civil and a criminal violation of civil rights?

A criminal civil rights violation involves the use or threat of force. A civil violation of civil rights involves no violence, only discriminatory behavior. Criminal violations carry incarceration penalties, while civil violations carry monetary penalties.

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