Personal Injury Claims: What You Need to Know

Frequently Asked Questions

Personal injury is a difficult situation to navigate. Luckily, we put answered some of the most common questions when it comes to navigating through a personal injury claim. If you have any questions or want to go over your options, you can schedule a free consultation!

What Does a Personal Injury Lawyer Do?

A personal injury lawyer helps injured victims seek justice when someone’s negligence causes harm. They gather evidence, negotiate with insurance adjusters, and represent you in court.

Do I Have a Valid Personal Injury Case?

If you are unsure if you have a valid case, you can still reach out to a lawyer. Most personal injury attorneys offer a free consultation. They can help you figure out if your situation meets the criteria to file a lawsuit.

How Much is My Case Worth?

There is no fixed settlement amount for how much a personal injury case is worth, but there are a few key factors that can impact the settlement amount:

Severity of Injuries: More serious injuries typically result in higher compensation. Minor injuries typically result in lesser compensation.
Medical Expenses: The settlement amount is based on your medical expenses from your injury, including past, current, and future costs. This covers hospital stays, surgeries, prescriptions, and other treatments.
Lost Wages & Earning Capacity: You can get compensation for unpaid time off or job loss due to an injury. If an injury permanently affects your ability to work, the law considers future income loss.
Pain and Suffering: Lawyers often use this term in injury cases. It refers to non-economic damages for physical pain and emotional distress. In Michigan, there are no caps on pain and suffering awards for most personal injury cases. For medical malpractice cases, there is a legal limit on compensation for non-economic damages that can change each year.
Liability: Depending on the fault of the accident that caused your injury, compensation can be awarded differently. You receive full compensation when the other party is fully at fault for your injury. Michigan does have a comparative fault rule, which can reduce your compensation proportionate to your percentage of fault.
Insurance Coverage: In car accidents, the insurance limits of the at-fault party can limit your compensation. If they have little or no insurance, getting compensation can be harder.
Documentation & Evidence: Strong documentation is a key asset in personal injury cases. Filing a police report and taking pictures of the scene where your accident took place can strengthen your case. Seeing a doctor even if you don’t feel any pain can strengthen your case.

How Long Does a Personal Injury Lawsuit Last?

You’re probably asking “how long will my case take?” Each case is different and can take different amounts of time to resolve. Some factors that can influence the personal injury lawsuit timeline are:

Severity of Injuries: More serious injuries often need longer medical treatment and recovery time. Complex medical conditions often need expert evaluations.
Availability of Evidence: Clear documentation of evidence, including photos, medical records, and police reports, can speed up the process. Missing or disputed evidence can prompt further investigation or expert testimony. This can lengthen the case process.
Liability Disputes: Disputing fault delays settlement and may lead to trial. Cases with shared liability can also delay settlement.
Insurance Company Cooperation: Some insurance companies will delay or deny claims, which requires negotiation or further legal action.

What Type of Personal Injury Cases Do You Handle?

Our firm handles a variety of personal injury cases:

How Much Does It Cost to Hire a Personal Injury Attorney?

Each lawyer is unique, but our office handles personal injury cases on a contingency basis. This means you will sign a retainer agreement to pay us part of your settlement if we win your case. If you don’t have a case or we lose, you won’t owe us anything.

What Should I Do After an Accident?

If you’re in an accident, you should take photos of the scene, collect information from witnesses, and seek medical attention. Even if you feel fine, you should see a doctor, as there can be hidden injuries. After trauma, your body can release adrenaline that can temporarily hide pain. Symptoms can return hours or days later.

What Evidence Do I Need to Support My Claim?

To support your claim against the at-fault party, you’ll need proof of injury, either economic or non-economic. Useful documents include medical records, accident reports, witness statements, photos, expenses, and evidence of lost wages.

Will My Case Go To Court?

Most personal injury cases settle outside of court. In fact, less than 5% of personal injury cases go to trial in Michigan each year. Most personal injury cases settle through negotiation before trial.

How Long Do I Have to File a Personal Injury Claim?

In Michigan, there is a 3-year statute of limitations for personal injury cases, starting from the date of injury.

What Happens During the Consultation?

During the consultation, you will meet with a lawyer and discuss your accident, your injuries, and what options you have. Consultations with our office are both free and confidential.

What Should I Do if the Other Driver Doesn’t Have Insurance?

Michigan law requires drivers to carry auto insurance before they can register and operate a vehicle. Unfortunately, some drivers do not have insurance, or they allow their insurance to lapse, leaving them uninsured. If you are in an accident where the other driver is uninsured, you can use your uninsured motorist coverage to file a claim for medical expenses and lost wages. You can also file a PIP claim, or you can consider legal representation.

Can I Still File a Claim if I Was Partially at Fault?

In Michigan, you can file a claim in car accident cases even if you were partially at fault. Michigan has a comparative negligence law. Michigan law only lets you receive compensation if you’re 50% or less at fault. You can’t recover non-economic damages if 51% or more at fault.

What if the Accident Involved a Commercial Vehicle or Ride Share?

Accidents involving Uber, Lyft, or commercial vehicles trigger a more complicated legal process than regular car accidents. In these cases, multiple parties can be liable, including the driver and their employer. We strongly recommend seeking legal help in these cases.