Michigan Car Accident Lawsuit
When Can I File a Car Accident Lawsuit in Michigan?
Michigan is a no-fault auto insurance state. This means that you generally claim on your own insurance policy. The state limits lawsuits against at-fault drivers and their insurance companies. There are three factors in an accident that allow you to sue:
- Serious impairment of a bodily function
- Serious disfigurement
- Death
Unless there is a fatality in the accident, your eligibility to sue is not necessarily straightforward. If you think you suffered serious impairment or disfigurement, contact a Michigan car accident lawyer for more information. They can give you a better idea of whether or not you meet the qualifications to file a lawsuit.
How Do I File a Michigan Car Accident Lawsuit?
If you are eligible to file and choose to start a lawsuit, your lawyer will take you through the process. The most important thing you can do is choose the right lawyer or firm and provide them with an honest account of everything that happened.
To begin and proceed with a car accident lawsuit, your lawyer will do the following:
- File a complaint
The first step in a car accident lawsuit is to file a complaint. This goes to the court to begin the lawsuit and notifies the defendants of allegations against them. - Build a case
With the complaint filed, your lawyer will turn to their team to build a case to prove negligence. They will use experts, talk to witnesses, and use your medical information to show the defendants caused your injuries and are liable for your expenses. - Negotiate a settlement
With the information in place, most defendants will be willing to settle. Your lawyer will negotiate on your behalf, often with the defendants’ insurer. - Litigate in court
If the negotiations don’t go well, for instance, you can force the case to court if they offer too little. There, your lawyer will make your case again, this time for a jury. The jury decides if the defendants are negligent and can award you damages. - Appeal or defend against an appeal
You can appeal a jury decision, but so can the defendants. If they do, your lawyer will go to a higher Michigan court to convince a judge not to overturn the jury verdict and award.
What is the Statute of Limitations in Michigan?
If you want to file a lawsuit after a car accident, you’ll need to act quickly. Every state has a statute of limitations, a time limit on when you can file. In Michigan, you have three years from the time of the accident to file.
What Does My Lawyer Need from Me to Prove My Case?
To prove your case in court, your lawyer needs to show the other driver acted negligently, breaching a duty to drive responsibly and within the laws. They also must show that the negligence of that driver resulted in your accident, injuries, and expenses.
What your lawyer needs most from you is complete honesty. Even if you think you have some fault in the accident, your lawyer needs to know about it. This is how they can best help you. Be sure you’re ready to provide:
- Police reports from the accident, if you have them
- Your medical records and bills related to the accident
- Your honest recollections of the accident
- Information for witnesses and others involved in the accident
- Information about your job and income and how they are affected by the injuries
What is My Michigan Car Accident Lawsuit Worth?
The amount of damages you may be able to recover depends on the unique factors in your case: the type and severity of injuries, the resulting medical bills, expected future medical bills, lost wages and lost earning potential, and pain and suffering.
A state rule known as comparative negligence also impacts how much you can recover. This rule states that the judge can reduce your jury award by an amount proportionate to your fault in the accident. For instance, if the defendants prove you were 10% to blame, the judge will reduce your damages by 10%.
Examples of Michigan Car Accident Lawsuits
These Michigan car accident lawsuits ended in big awards for the plaintiffs. They don’t always turn out this way, but with the right legal team, the outcome is usually good. Take a look at these examples to see what a lawyer can do for you and your family:
- $800,000 Settlement for Motorcycle Accident. Joshua Headford, a stunt driver, reached a settlement after a circus accident in 2012 caused serious injuries. He was performing a motorcycle jump and fell 25 feet out of the air when his bike clipped a wire hanging down from above. The accident left Headford with several broken bones, and he can no longer ride a motorcycle. He sued the venue, Elf Khurafeh Shrine Temple in Saginaw, for failing to provide a safe environment.[1]
- $3 Million Settlement for Truck Accident. Michael Ditewig and Rebecca Avery died in a head-on collision with a semi-truck on I-94 in Portage in 2015. The relatives of the woman and her son-in-law sued the company responsible for the truck, Boerson Farms. The truck lost two tires, causing it to cross the median and strike the other vehicle.[2]
- $3.5 Million Jury Verdict for Truck Accident. In 2008, a Schiber tractor-trailer could not stop on Spring Arbor Road and struck a vehicle from behind. The strike pushed James and Kimberley Fairley’s vehicle into oncoming traffic, where another truck struck them. James Fairley suffered a traumatic brain injury, fractured bones, and depression. The truck company offered the Fairleys $1 million, but they felt it was inadequate and went to court to get the larger jury award.[3]
Filing a Michigan car accident lawsuit is sometimes necessary to recover adequate damages after a devastating incident. Contact a law firm with experience handling these cases to be sure you get the outcome you deserve.