You have a limited time after a car accident to file a lawsuit. While Michigan’s insurance laws allow you to get compensation from your own policies, you may still have damages that need to be covered. A personal injury lawsuit against the at-fault party can help you get the maximum compensation possible.
How Do Michigan’s Fault Laws Impact Your Claim?
Michigan is a no-fault insurance state. That means every owner or driver registered in Michigan must have insurance covering certain car accident damages regardless of who is at fault.
You must have:
- Personal Injury Protection (PIP) – This covers all of your reasonably necessary medical bills and up to 85% of your lost wages.
- Property Protection Insurance (PPI) – This covers up to $1 million in damage that your car does to someone else’s property, such as buildings, fences, and parked vehicles.
- Residual Liability Insurance (RLI) – This covers you if you’re sued due to an auto accident. You must have at least $20,000 bodily injury liability per person, $40,000 per accident, and $10,000 for property damage.
If you are the victim of a car accident, you would initially file a claim with your no-fault car insurance. Then, you can seek compensation from the at-fault party if all your losses are not covered. Their insurance company may cover your excess economic and non-economic damages, or you may have to hold the at-fault party personally liable through a personal injury lawsuit.
Economic damages are easily determined with out-of-pocket expenses, receipts, and bills. They include medical costs and lost wages. Non-economic damages have a more subjective value and include pain and suffering, mental anguish, and loss of consortium (relationships with your family).
How Long Do You Have to File a Claim with Your Own Insurance Coverage?
Most insurance companies require that you notify them of an accident within 24 to 48 hours after the crash occurs. However, you have additional time to file a claim with proof of all your losses. In Michigan, you have one year to file a first-party insurance claim with your insurance company.
Your no-fault car insurance will cover past and future medical expenses, wage loss, mileage to and from doctor’s visits, attendant care, replacement services if you need help with household duties, and more.
When Can You File a Personal Injury Lawsuit?
In Michigan, you can only file a personal injury lawsuit against the other driver in certain circumstances. These include when:
- Your loved one dies because of a fatal car accident
- You are seriously injured or permanently disfigured
- You are involved in a car accident in Michigan with a non-resident who is an occupant of a motor vehicle not registered in Michigan
- You were involved in an accident in another state
- The other driver is 50% or more at fault in an accident in which damages are not covered by insurance
Because many car accidents result in serious injuries, many people can file a personal injury lawsuit to cover damages not paid for by their no-fault insurance.
How Long Do You Have to File a Personal Injury Lawsuit in Michigan?
You have three years from the date of the accident to file a personal injury lawsuit in Michigan. This deadline, or statute of limitations, is strict. If you miss it, you may forfeit your right to recover compensation from the at-fault party.
Three years may seem like a long time, but you must act fast. Many complex steps must be taken to file a successful personal injury lawsuit that helps you get the maximum amount of compensation.
Detroit Personal Injury Lawsuit Steps
When you decide to file a car accident lawsuit, you should take the following steps:
- Hire a Car Accident Lawyer. This legal process requires in-depth knowledge of negligence and liability laws. You should never approach it without a knowledgeable attorney by your side.
- Gather Evidence to Support Your Claims. Obtain the accident report, photos and pictures of the scene, eyewitness statements, expert opinions, and other information that shows the other party is at fault and should be held liable.
- Negotiate with the Insurance Company. Your attorney will present your evidence and demand an appropriate settlement from the insurance company. They may make a counteroffer. These negotiations often go on throughout the lawsuit process. Most cases settle before they go to trial.
- Draft Legal Documents. Your attorney will draft a Complaint, Summons, and other documents to present your case to the judge and request financial relief for your damages.
- Engage in Discovery. This discovery process is the most intense part of a personal injury trial. It can take months or even years to complete. It involves sharing documents with the other parties and taking depositions (interviews) of eyewitnesses and other parties.
- Prepare for Trial. Your attorney will need to meet with eyewitnesses, experts, and anyone involved in the trial. They may even have to create a presentation for the jury. Trial preparation is very involved and uses many resources.
- Take Your Case to Trial. If settlement negotiations are unsuccessful, your car accident lawyer will take your personal injury case to trial in a courtroom before a judge and jury. They will present your arguments, and the jury will decide a verdict.
Contact Davis Injury Lawyers, PLLC Today to Recover the Max
You don’t have long to take all the steps of a personal injury lawsuit. Three years may seem like a long time, but it can take significant time to investigate your case and file the necessary documents. Additionally, insurance companies often try to delay your case, so you miss your deadline.
Don’t face these nefarious companies alone. Call Davis Injury Lawyers today at 313-462-7979 or contact us online for a free consultation.