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Detroit Personal Injury Blog

Steps to File a Personal Injury Lawsuit in Michigan

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May 29th, 2023
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When someone else is responsible for causing your devastating injuries, you can hold them accountable and get justice by filing a personal injury lawsuit against them.

Although the claims process may seem overwhelming, you may feel more confident in your decision to move forward with your lawsuit when you understand the steps you’ll need to take.

Telling an Attorney Your Story

Before starting your case, you must speak to an attorney. Most reputable personal injury attorneys in Michigan are willing to speak with you about the circumstances of your case during a free consultation. This is your opportunity to tell a personal injury lawyer your story.

You can go over how the accident occurred, who you believe is responsible, and every way your injuries affected your life. This will help your attorney determine what legal options may be available to you, how much compensation you could be awarded, and what your next steps should be.

Investigating Your Accident

To establish liability, your personal injury lawyer starts by investigating your accident’s cause. Your attorney must show that someone else’s negligence caused your injuries for you to recover compensation. Through the investigation, your attorney looks for valuable evidence to prove negligence and liability. Such evidence includes:

  • Photos of your injuries
  • Witness statements
  • Expert testimony
  • Cell phone records
  • Chemical blood alcohol test results
  • Black box data
  • Video of the accident

Filing a Claim for Compensation

Your personal injury lawyer files your claim for compensation once they establish liability. You must file the claim on time, or you could risk the statute of limitations expiring. Under Michigan law, all personal injury lawsuits must be filed before the three-year statute of limitations expires.

Negotiating with the Insurance Company

Before you move forward with your personal injury lawsuit, you could file a claim with the insurance company. If the defendant has insurance coverage or you are filing a no-fault claim, you could pursue certain types and amounts of compensation through the insurance company.

Unfortunately, not only are insurance settlements off and limited to the amounts and types of coverage purchased by the policyholder, but insurance companies fight tooth and nail to avoid paying out on claims.

Your attorney must negotiate with the insurance company on your behalf to help you avoid losing out on compensation.

Going to Trial

If the defendant does not have insurance coverage, you do not have sufficient coverage, or the insurance settlement does not cover your damages fully, bringing your case to court is the best way to hold the liable party accountable and recover your damages.

You have the right to pursue compensation for economic damages and non-economic damages. Economic damages are financial, while non-economic damages are more subjective. Examples of economic damages and non-economic damages you could recover in your claim include:

  • Pain and suffering
  • Property damages
  • Medical expenses
  • Loss of enjoyment of life
  • Diminished earning capacity
  • Loss of consortium
  • Emotional distress
  • Disfiguring skin scars

Contact a Michigan Personal Injury Lawyer for Help Today

When you are ready to get started with your personal injury lawsuit but you do not know where to turn for help, our team of experienced Michigan personal injury lawyers at Davis Injury Lawyers, PLLC is here to help.

Fill out our quick contact form or call our office at (313) 462-7979 to schedule a no-cost, risk-free consultation today. If we agree to take on your case, you can rely on our team to work tirelessly to recover maximum compensation for your damages.