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Internal injuries are dangerous precisely because they are hidden. A person can walk away from a crash or a fall feeling sore but intact while their spleen or liver is bleeding inside them, and the warning signs can take hours or days to become obvious. By then, it may be an emergency. These cases often involve two separate questions: who caused the injury, and whether the doctors who first examined the patient caught it in time.
Vahdat Weisman Law represents people who have suffered internal organ injuries in Livonia and across Michigan. Our catastrophic injury attorneys treat these as the serious, sometimes life-threatening injuries they are, and we investigate both the event and the medical response.
Blunt force, from a car crash, a fall, or a blow, can rupture or bruise the solid organs like the spleen and liver, damage the kidneys and pancreas behind the abdominal cavity, or tear the bowel and the tissue that supplies it, all with no open wound. The body can lose a dangerous amount of blood internally before a physical exam shows much, which is why a normal-looking early exam does not rule out a serious injury when the impact was significant. A delayed splenic rupture can occur days after the original trauma. After any major impact, worsening abdominal or shoulder-tip pain, abdominal bruising or swelling, lightheadedness, a racing heart, blood in the urine, and persistent nausea are all reasons to seek immediate care, because internal bleeding does not stop on its own.
Car and truck crashes, falls from height, crush incidents at work, sports collisions, and assaults all deliver the kind of force that injures internal organs. The seat belt that saves a life can also leave a telltale bruise across the abdomen, the “seat-belt sign,” which should put doctors on alert for the abdominal-organ and lumbar-spine injuries that can hide beneath it. We note, too, that defendants sometimes try to turn seat-belt use into a fault argument, which we are prepared to answer.
Here, a second, separate claim can arise, though not every missed diagnosis is malpractice. Internal bleeding is a recognized emergency, and depending on the patient’s vital signs, mechanism of injury, and symptoms, the standard of care may call for imaging like a CT scan, focused ultrasound, repeat exams, and observation rather than a quick discharge. When a provider unreasonably fails to investigate,e and a patient is sent home bleeding, with serious harm or death resulting, that can be medical malpractice. These claims have demanding, distinctive rules in Michigan: a written notice of intent must be served and a 182-day waiting period observed before filing, the lawsuit must be supported by an affidavit from an expert who matches the defendant’s specialty, and the deadline is generally two years from the negligence, or six months from when the patient reasonably should have discovered it, whichever is later.
One feature of Michigan malpractice law matters enormously here: pain-and-suffering damages are capped by statute, around $596,000 in most cases and roughly $1.07 million where a vital bodily function is permanently impaired. In contrast, the claim against the driver or property owner who caused the original injury is not capped that way. Because the malpractice cap limits noneconomic damages but not economic losses, fully documenting future care, lost earning capacity, and lifelong needs is essential, and it is one reason we evaluate the medical care carefully rather than assume the crash defendant is the only target.
When both the original event and subsequent medical care contributed to the harm, Michigan allocates responsibility through a fair-share system in which each party bears its own percentage of fault. The driver or property owner who caused the initial injury generally remains responsible for the foreseeable worsening caused by negligent medical care. At the same time, the providers can be liable for the additional harm their delay caused. Expect finger-pointing: a defendant will often try to shift blame onto the others, even naming non-parties at fault, and we hold each accountable for its share rather than letting them deflect onto one another.
When an organ cannot be saved, the consequences last for life, and the case has to reflect that. Removing the spleen, a common result of severe abdominal trauma, leaves a person permanently vulnerable to a rare but life-threatening overwhelming infection, requiring a schedule of vaccinations, prompt treatment of fevers, and sometimes preventive antibiotics. The loss of part of a kidney, liver, or pancreas, and bowel resections, carry their own long-term burdens, from chronic pain, adhesions, and dietary limits to reduced organ function down the road. We make sure these permanent effects, not just the first hospital stay, are valued.
Michigan’s no-fault system limits when a crash victim can sue the at-fault driver for pain and suffering, and a serious internal organ injury often supports such a claim. However, it still depends on the medical proof and how the injury affects the person’s life. Your own personal injury protection benefits help cover medical care and lost wages regardless of fault. When the injury happened at work, workers’ compensation usually governs the claim against the employer. Still, a separate third-party claim, often a product liability claim against a machine’s maker, can reach the pain-and-suffering comp that does not pay, and we account for the comp insurer’s lien on any such recovery. When the injury is fatal, the claim is brought as a wrongful death action through the estate’s personal representative. And if the emergency room is part of a public hospital, a short government notice period may apply, which is another reason to act quickly.
We move fast to secure the medical records, imaging, and the electronic record’s audit trail that shows what was done and when, identify every responsible party, including any provider who missed the diagnosis, and protect every deadline, which can be far shorter when a malpractice or governmental claim is involved. From our Livonia office, attorneys Jordan S. Vahdat and Kara E. Weisman handle internal organ injury claims for clients across Metro Detroit and the rest of Michigan on a contingency-fee basis, so there is no attorney fee unless we recover for you.
Vahdat Weisman Law is a personal injury firm based in Livonia, Michigan, representing injury victims and their families throughout the state. Our attorneys, Jordan S. Vahdat and Kara E. Weisman, bring courtroom experience, a record of meaningful results, and a hands-on approach to investigation and case strategy. We prepare every matter as if it will go to trial, positioning clients for stronger settlements and protecting their rights if litigation becomes necessary.
We handle internal organ injury claims on a contingency-fee basis, which means there is no attorney fee unless we recover compensation for you. From our Livonia office, we serve clients across Metro Detroit and the rest of Michigan, and we explain every step in plain language so you can make informed decisions about your case.
If you or a loved one suffered an internal organ injury, contact Vahdat Weisman Law in Livonia today at (734) 469-4994 for a free, confidential consultation. Because some related claims carry short deadlines, the sooner we hear from you, the more we can do. Reach out via our contact page to let us know what happened and learn about your options. There is no cost to speak with us about your potential claim.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future success.