Michigan Car Accident Lawyer
Top-Rated Michigan Car Accident Lawyers
Why Do I Need a Michigan Car Accident Lawyer?
If you suffered injuries during a car accident in Michigan, you may need the assistance of a Michigan car accident lawyer.
Under our state’s vehicle No-Fault insurance statute, an experienced Michigan car accident lawyer can safeguard your legal rights to recoup wage loss and get your medical costs reimbursed.
However, because of the complications of the state’s No-Fault insurance rule, the uninformed might fall into several traps. That is why it is critical to have a leading Michigan car accident attorney from our company on your side.
For example, if you were involved in a Michigan car accident and suffered injuries from that car accident, you must file your request for No-fault payments timely. This includes paying the entirety of your accident-related medical bills within the one year Michigan statute of limitations. If you don’t follow this strict timeline, you may lose your No-Fault benefits.
Another common example of this occurs when a hit-and-run motorist or an uninsured driver hits another vehicle. In this case, if the victim fails to meet the requirements of notice in the uninsured motorist plan, the plan is nullified, and the victim is unable to retrieve compensation for car accident injuries. This often leaves victims with nothing, or even worse, with a mountain of costly health bills to pay directly and no insurance that covers potential medical care and treatment.
For these reasons, we urge those who suffered injuries from a car accident in Michigan to contact an experienced Michigan car accident attorney immediately.
Benefits of Hiring Michigan Car Accident Attorneys
On top of the pitfalls we previously mentioned, when it relates to your own vehicle insurance company’s adjuster, there are also pitfalls for the uninformed.
The Michigan Supreme Court determined that your own adjuster is not legally required to discuss what you are fully entitled to.
Your insurance adjuster may also require you to sign a release immediately following your car accident. Many times, this waives your rights to further benefits and damage reimbursement.
Our firm’s skilled Michigan auto accident lawyers can assist and defend you after you’ve suffered from auto accident injuries.
We can ensure that you get what you deserve from not only your insurance company, but also, the insurance company of the careless motorist who caused your injuries.
That’s why it’s critical to contact a professional Michigan car accident lawyer from our office immediately following an automobile accident if you or a loved one suffered injuries.
How Much Does a Michigan Car Accident Case Cost?
In contrast to the hourly rate that many people pay in other case types, most Michigan car accident lawyers charge in a different way for their work.
To embark on a car accident injury case, a typical auto accident lawyer would charge on a contingency basis. This contingency fee indicates that you won’t have to pay your car accident lawyer or law firm for the services unless you win your car accident lawsuit. If the matter proceeds to trial, you’ll pay the auto accident lawyer or law firm a share of the money obtained from any settlement or jury decision.
The proportion of a contingency fee contract that a car accident injury lawyer might collect differs, although it commonly ranges from 25 to 40%. The percentage of a contingency fee varies based on whether or not a personal injury claim must be brought against the other motorist.
If a Michigan car accident lawyer settles the matter before going to court, the proportion might be smaller. In other words, the cost of your case depends not just on the car accident attorney you hire, but also on how your case proceeds and the details involved in it.
How Much Is My Car Accident Case Worth?
A car accident victim may suffer from a variety of ailments, as well as financial hardships. As a result, they could collect a variety of losses.
Economic and non-economic losses are the two most basic types of damages.
Economic losses include costs associated with medical bills and lost wages. Whereas non-economic damages include things like pain and suffering.
It’s important to understand how to evaluate your claim, so that you can determine if an insurer’s proposed settlement is reasonable.
However, there is no simple formula for calculating damages. And, insurers determine damages by a variety of circumstances. Some insurers base their ultimate award on a victim’s economic losses, increasing that sum by two or three to compensate for damages like pain and suffering. This procedure is subjective, and you should not expect an insurer to use it.
Based on our experience, our Michigan car accident lawyers will provide you with a reasonable estimate. If your car accident was minor resulting only in property damage to your vehicle, you may be able to file a claim under the MI mini tort law.
The following are all examples of what determines the car accident settlement value:
Medical Bills
Many believe that medical expenses are a simple form of car accident damages to estimate. However, we’ve seen many cases where the physician and insurance adjuster disagree over which medical procedures were medically necessary after car accident injuries are sustained.
Providers must only compensate for fair and essential therapies.
If a Michigan car accident victim had pre-existing conditions that worsened as a result of the car accident, insurance adjusters seem to have a difficult time distinguishing between therapy necessary from the event and care that would have been necessary otherwise due to the pre-existing condition.
Rest assured, without the help of a Michigan car accident attorney, the adjuster is more than likely going to air on the side of “necessary otherwise”.
Furthermore, if car accident victims don’t seek medical treatment immediately after the car accident and subsequently reported the injuries, oftentimes they will have to work harder to prove that the car accident was the cause of those injuries, even though insurance providers understand that certain injuries aren’t readily apparent.
Insurers will deduct prescription medications, travel to doctor’s visits, medical equipment, therapy sessions, and any other charges linked with the injury from your medical expenses. Prospective medical treatment expenses are also included under this type of compensation, as long as they are fairly determinable.
Occasionally, a car accident victim’s health insurance carrier will pay the costs of injuries sustained in an automobile accident. If the health insurance provider proves the culpability of the motor insurer, they may seek payment from the auto insurance, which has the main responsibility for these expenditures.
Lost Wages
A victim of a Michigan car accident may be unable to work for a period of time while they heal. For instance, suppose you have a back ailment that restricts you from carrying items, something you must do at work. If you need to recuperate at home for three months, you can receive compensation for your missed income during that time. You must provide unambiguous evidence of your missed income, most likely paychecks, as well as evidence of any non-salary perks. Self-employed individuals must present invoices or other documents demonstrating what they intended to earn during that period.
Lost Earning Potential
Proving lost earning potential after a Michigan car accident is a little more difficult.
Lost earning capacity or potential includes any long-term effects of the car accident that make it difficult for the victim to work in the future.
Even if you can work to some degree, you can receive compensation for lost earning capacity if your disabilities force you to work in a lower-paying position. You may establish the drop in your earnings by submitting paychecks from before and after the accident, but you may need to hire an expert to explain the impact of the injuries on your ability to earn.
Pain and Suffering
Everyone reacts to an injury individually, and the level of pain a victim feels, as well as the emotional suffering they go through, can be difficult to define. Insurers and juries think that a catastrophic injury requiring substantial medical treatment would almost certainly result in major pain and suffering. Broken limbs and burns are two common sorts of injuries that are severe.
What Affects Michigan Car Accident Claims?
A variety of factors can affect a Michigan car accident claim.
Car accidents often arise from complex situations, so it’s important to work with an experienced Michigan car accident attorney for your case. Below, we list exactly what a car accident lawyer or insurance company will look at when evaluating a car crash claim:
Liability
Because Michigan is a comparative negligence state, if you are found to be partially responsible for the car accident, insurers will lower your car accident claim reimbursement by the percentage for which you were found to be responsible.
Eyewitness Accounts
If another driver, passengers, or other observers have different versions of what happened during the car accident, those eye witness accounts may skew the assessment of culpability.
And, because the vehicle insurance payout depends on demonstrating culpability, this may be harmed if officials have a difficult time determining who was most to blame for the car accident.
Types of Injuries
The types of injuries a victim sustains during a car accident will affect how much compensation is awarded.
For example, if you suffered a major neck injury or spinal cord injury that necessitated additional doctor visits, treatments, surgeries, and medicines, you would typically receive a larger compensation than someone who suffered from seat belt syndrome.
When You Sought Medical Attention
For those who are involved in car accidents, it’s critical to seek medical attention as soon as possible following the vehicle collision. This is regardless of whether or not the victim believes they’ve suffered injuries.
Medical exams may reveal injuries that would otherwise remain hidden. That is, until the said medical condition starts manifesting itself via symptoms.
When car accident victims don’t seek medical attention immediately following a car accident, the process of establishing that the car accident is what caused the injuries becomes increasingly more difficult. And, this can hurt the overall car accident settlement.
For example, if victims in back pain after car accident cases fail to go to the doctor quickly, the defense could argue that their pain must not have been that bad.
Disability or Disfigurement
Many juries and insurance adjusters are sympathetic to the fact that disability or disfigurement injuries will impact a car accident victim in perpetuity, even if the symptom is temporary. Because of this, those who sustain these types of injuries, whether permanent or temporary will usually receive more compensation.
Medical Bills & Medical Expenses
To assess the full amount of your medical expenses, your Michigan car accident lawyer will examine your healthcare bills.
If you don’t keep track of your medical bills, you may be unable to receive reasonable recompense for your losses.
Lost Wages or Earning Capacity
As we mentioned earlier, your injuries may prevent you from returning to work, based on your area of employment.
For car accident victims who cannot return to work because of physical restraints, they will be compensated for that time lost.
For those who were forced to take pay cuts because of their car accident injury related ailments, they will be compensated for the discrepancy in pay.
You’ll need money to sustain yourself and potentially your family, and a Michigan car accident lawyer will fight for you to receive a fair compensation.
Defective Auto Parts
Sometimes the fault is not with the individual operating the car, but with a malfunctioning part in the car, itself. In this situation, the vehicle manufacturer or automobile business who sold the car accident victim the car may be held liable for the accident. So, this error may have an impact on the car accident settlement or overall compensation.
Head of Household Status
Your marital status or head of household status may have an impact on the amount of money you receive after a car accident.
If a car accident victim is the person primarily responsible for physically or financially taking care of his or family and his or her injuries prevent them from earning the same amount of money, contributing to home duties, picking up the kids, or otherwise assisting the family, this will affect the compensation awarded after a Michigan car wreck.
What Should I Expect in a Michigan Car Accident Settlement?
When car accident victims deal with their insurance company, plus the insurance company of the at-fault driver, the whole situation becomes complicated.
Car accidents are expensive. So, money will always be a concern-for both the victim and the insurance provider.
For car accident victims who who have never had to hire a car accident lawyer or speak with their insurance company, this can be an extremely daunting task.
That’s why we recommend speaking with the experienced car accident attorneys at Lipton Law.
You might hear the words “fair settlement” or “full and fair compensation” in attorney advertising campaigns. But, what does that really mean? We’ll break down what a settlement is in a personal injury case below:
What is a Car Accident Settlement?
A settlement in auto accident cases is basically a contract to settle a legal claim for damages.
In a typical vehicle accident settlement, the victim decides not to seek damages, or to dismiss any existing case, in return for payment from the party who is legally responsible for the victim’s injuries.
Instead of going to trial, lawyers will settle the great majority of vehicle accident damage legal claims.
What Is the Auto Accident Settlement Process Like?
Lawyers for the wounded person and the party who is legally responsible discuss compensation. Typically, the victim’s lawyer requests one amount of money, while the culpable party’s counsel recommends a lesser figure, and the two lawyers go back and forth attempting to persuade each other that theirs is the correct amount, decreasing the gap between the two amounts in the process.
Lawyers can do this over the phone, by email, letters, SMS, or in person. The procedure might take a few hours all at once, or it can take longer due to several discussions. A qualified mediator can sometimes assist in reaching a compromise.
The settlement money in many vehicle accident instances comes from the insurance company that offered liability insurance to the at-fault party. In some circumstances, a representative from the insurance company may participate in or take over the talks. While attorneys negotiate settlements, clients decide whether or not to accept them.
What Does a Settlement Agreement Include?
The injured victim and the culpable party almost always sign a formal settlement agreement that lays out the following terms:
- How much to pay and the timeline of the payments
- What rights the victims give up by agreeing to the settlement
- Other related actions both parties agree to take
There is typically no going back after the parties have signed the agreement and met its obligations. Settlements are irreversible. They nearly always take away the victim’s ability to seek extra funds. The case is now closed.
As a result, victims should only agree to a settlement that provides them with a fair and acceptable amount of money. Victims who agree to a settlement only to find out later that it is insufficient to pay their expenditures are not eligible for a second chance. They’re trapped with the deal they made. That is why you need the services of a skilled automobile accident attorney to assess your case and negotiate a fair settlement.
Types of Michigan Car Accident Claims
Personal Injury Claim Against a Negligent Driver
Car accident lawsuits against another driver who hits you are the most prevalent. This might be an automobile or truck driver. This form of claim applies to you whether you are on a motorbike or bicycle, or if you are a pedestrian who has been hit by a car. In big collisions, more than one motorist may be legally responsible for the accident.
Your personal injury lawyer will attempt to establish that the defendant was irresponsible in driving a vehicle, resulting in the collision and your injuries, regardless of the amount of individuals involved in the accident. In most cases, these common vehicle accident claims do not include exceptional circumstances. They are frequently the consequence of a driver’s bad judgments when tired, preoccupied, or moving too fast for the conditions. Rear ended accidents are a perfect example of negligent driving.
Drivers who flee the scene after an accident can also be considered negligent. They may also find themselves in a lot of trouble for doing so. To learn more about your rights in such cases, read our related blog on Michigan hit and run laws.
Dram Shop Liability Claim
A dram shop claim is a sort of third-party responsibility for an automobile accident caused by intoxicated driving. Dram shop rules allow you to sue a business for serving alcohol to somebody who later caused a crash as a result of his intoxication. This, however, only applies in certain instances. If a juvenile is served at a bar or restaurant, the bar or restaurant may be held accountable under state law if the juvenile causes an accident or harm. However, each state’s approach to accident responsibility and drunk driving is unique. Consult with your Michigan car accident lawyer to understand Michigan’s laws.
Uninsured Motorist Car Accident Claim
When you are involved in an automobile accident, you may discover that the at-fault person does not have enough or any insurance to satisfy your claims. Because you have your own coverage to cover your injury-related bills in no-fault auto insurance states, the other driver’s absence of insurance doesn’t actually matter to you.
However, if you have a serious accident and need to seek reimbursement above your policy limitations, the other driver’s lack of insurance might be an issue. Uninsured motorist coverage can help in this situation. It’s a type of insurance you buy that will cover your claim if the other driver’s insurance or his insurance company can’t.
Product Liability Claim
When an automobile accident occurs as a consequence of a faulty vehicle or component, your attorney may advise you to sue the manufacturer of the vehicle or part for damages resulting from the accident and injuries.
There are three sorts of problems that can occur in automobiles, as listed below:
- Design defects
- Manufacturing defects
- Information defects or failure to warn
When a faulty vehicle causes a car accident, it’s not unusual for many consumers to be involved in the same accident. In some circumstances, accident victims may feel that pursuing compensation through mass tort litigation or an ongoing class action lawsuit is the best option. A professional vehicle accident lawyer can help you choose the best line of action for your specific situation.
Claims Against the Government
If your automobile accident was caused by a badly designed or neglected road, you may be able to file a car accident liability claim against the city or county accountable for road construction and upkeep. Your lawyer must show that the government was aware of the danger or should have been aware of the danger. There are several restrictions to suing the government for damages, however.
Medical Malpractice Claims
It’s not common for medical misconduct to play a role in a vehicle accident case, but it does happen sometimes. Your doctor and the institution where he or she practices may be held accountable if you or another driver causes an accident as a result of medical misconduct.
Essentially, any action or inaction by a doctor in relation to diagnosis, treatment, or aftercare that causes a motorist to lose control of their car and cause an accident exposes the doctor to a medical malpractice lawsuit.
Wrongful Death Claims
Relatives of a loved one killed in an automobile accident in Michigan are entitled to file a wrongful death accident liability claim against the at-fault party under Michigan law. Any of the issues listed above might be used in a wrongful death lawsuit. Also, on behalf of the property and remaining family members, a personal representative for the dead usually files the lawsuit. Many wrongful death cases arise from t-bone accidents, rollover accidents, and other types of dangerous collisions.
Michigan Car Accident Lawyer FAQs
How Can a Michigan Car Accident Attorney Help Car Accident Victims?
It’s important to consult with a car accident lawyer for a multitude of reasons. After an auto accident, many victims suffer serious injuries that require extensive medical treatment. They also might have mounting car repair bills, or no car at all. When the expenses pile up, accident victims tend to get desperate and accept the first settlement they’re offered. However, the first settlement offer rarely covers all your expenses. Experienced car accident attorneys with Lipton Law can help your case in the following ways:
- Fully investigating the car crash and comparing it to other car accidents that are similar
- Determine who is at fault in a T-bone accident or other type of car accident
- Determine and seek compensation from all responsible parties
- Speak with adjusters about your insurance claim on your behalf
- Estimate your future medical costs and recover compensation for them
- Deal with hospitals, collections agents, and the defense attorney of the responsible party
- Negotiate with the other party’s insurance company, as well as your own insurance company
What Should I Do After a Car Accident Before Calling My Insurance Company?
Many accident victims wonder, “How long after an accident can you file a claim?” Our car accident lawyers can help you meet all relevant deadlines when it comes to your case. If you’ve been in a car accident, you might be unsure what to do next. Follow these procedures to ensure your safety:
- Check for injuries.
- Seek medical attention.
- Move to a safe area.
- Contact law enforcement and get a police report.
- Exchange information with those in the area when the accident occurred.
- Document the accident with notes, pictures, and videos.
Should I Get a Car Accident Lawyer for a Minor Accident in Michigan?
Definitely. Even for a minor car accident, it’s always beneficial to file a car accident claim. Speaking with qualified car accident lawyers is a must, especially if you believe that you may have medical bills piling up.
Michigan personal injury claims have the potential to be very complicated, especially if you experienced extreme physical pain, a traumatic brain injury, or lost a loved one due to wrongful death.
After a traumatic experience, such as a car accident, property damage is likely the least of your concerns, but it will be important, financially, down the road.
Speak with the Michigan car accident lawyers at Lipton Law today. We handle a wide variety of car accident cases, and we’ll provide you with the legal representation you deserve.
What are Common Causes of Auto Accidents in Michigan?
A driver’s irresponsible, reckless, or deliberate behavior is to blame for many vehicle accidents across the state. Many wintertime collisions, for example, occur because a driver is driving too fast for the icy roads. Similarly, many summer and holiday accidents are caused by intoxicated or distracted drivers.
Although some car accidents are caused by the irresponsibility of others, others are caused by vehicle malfunctions or the failure of a government body to properly maintain a road.
The following are some other causes, however they are not exhaustive:
- Speeding
- Driving under the influence of drugs or alcohol
- Young or inexperienced drivers
- Fatigue and tiredness
- Failing to yield
- Defective parts or manufacturing errors
- Collisions with animals on the road
- Suddenly changing lanes or not using a blinker
- Turning improperly
- Driving the wrong way on the road
- Cars stalling
- Unsafe weather or road conditions
Distracted driving is another significant cause of accidents in Michigan. Drivers can indulge in a variety of distracting and dangerous activities while behind the wheel. Eating, drinking, conversing with passengers, applying cosmetics, reading, using a GPS system, viewing a movie, changing the radio, making a phone call, or texting are all examples of these activities.