Personal Injury Overview

A personal injury case is a legal dispute that happens when one person incurs an injury from an accident that someone else may be responsible for. Many times, accidents are the result of the carelessness or negligence of another party or even multiple parties.

Our Detroit personal injury lawyers work within the law to help our clients secure maximum compensation for damages. Medical treatment and loss of wages are the two most common costs that accident victims claim, although there are many more losses that can apply in a personal injury case.

Different Types of Personal Injury Cases We Handle

The attorneys at Michigan Injury Lawyers have successfully fought for our clients who are dealing with many different types of personal injuries.

Some of the personal injury cases we handle in Detroit include:

• Car accidents
• Truck accidents
• Bus Accidents
• Motorcycle accidents
• Dog bites
• Boating accidents
• Bicycle accidents
• Pedestrian accidents
• Slip and fall accidents
• Birth injury
• Social Security Disability
• Workers' compensation
• Medical malpractice
• Defective products
• Premises liability
• Wrongful death

We also handle a wide range of personal injury claims, and our lawyers possess extensive knowledge of personal injury law, as well as considerable experience in settlement negotiation and trial. We can review your personal injury claim during a free, no-obligation consultation to determine if you have a case and discuss your options with you. If you have a valid claim, you can count on us to fight hard to help you get the fair compensation you deserve.

What's the Personal Injury Claims Process in Michigan?

Most personal injury claims in Michigan follow a similar process that involves several steps:

1. Get treatment for your injuries. Your top priority is your own health and well-being, so you should seek immediate medical care after suffering any injury. For your personal injury claim to have merit, you must have suffered injuries to pursue compensation. You will need documented evidence from doctors and healthcare providers that prove you suffered an injury and received medical care and treatment.
2. Show the other party is liable. You will also have to prove the other party caused your injuries through their negligence or wrongdoing.
3. Gather evidence. You will need evidence showing the other party was responsible. Evidence can come from police reports, accident reconstructions, industry experts, eyewitnesses, and other sources. You will also want to take photographs of the accident scene along with your injuries.
4. File an injury claim. You will then need to file a claim with the at-fault party's insurance company. You must file within their deadlines and include all information they ask for. However, you must be very careful how you deal with the insurance company so that you do not inadvertently say or do something that will jeopardize your chances of getting compensation.
5. Hire an attorney. Having an experienced attorney is vital for pursuing compensation following an injury. You should contact a lawyer as soon as possible after suffering the injury and let them gather evidence, file your claim, and deal with the insurance company for you.

Sometimes, insurers will claim the policy does not cover your injuries or covers only some of your injuries. Your attorney may have to wrangle with insurers to get them to honor your claim and cover all your injuries and losses. Attorneys often have to negotiate with insurance companies to get them to offer higher settlements, and a lawyer will understand the so-called "defense" tactics insurers use to deny claims or reduce the amount they will pay.

Will My Personal Injury Case Go to Court?

Most personal injury insurance claims settle outside of court. However, you may have to take your personal injury case to court in certain circumstances, such as:

• The insurer denied your claim and refuses to negotiate
• Settlement negotiations prove futile and you can't settle
• The insurance company acts in bad faith, meaning they refuse to honor their own policy
• The insurer violates the terms of the settlement agreement

If your injuries resulted from an incident not covered by insurance, you may have to take the party to court and sue for damages. You may also have to sue a defendant if their insurance policy's limits do not cover the extent of your injuries and losses. Sometimes, plaintiffs take product manufacturers to court for design flaws and product defects that cause injuries or deaths. Class actions are another prominent area of personal injury law, and you can receive a higher jury award than what the insurance company offers as a settlement.

Your lawyer can advise you on your options when you meet with them, and they should prepare your case from the start as if it were to go to trial. Many times, simply filing a personal injury lawsuit in court will get an insurer's attention and may make them more apt to settle your claim since they want to avoid costly litigation.

However, the statute of limitations in Michigan for filing a personal injury lawsuit in court is only three years from the date of your injury. So you have no time to lose in contacting a Detroit personal injury lawyer and getting the process started.

How a Lawyer Can Help With Your Personal Injury Claim

Personal injury claims are complex legal processes that require the knowledge and skills of an experienced personal injury attorney. Virtually all motor vehicle accident injury claims and most other personal injury claims are covered by insurance. Typically, your first step in recovering compensation is to file a claim with the at-fault party's insurance company.

However, don't think that just because you submit a claim to the insurance company they will pay you what you need right off the bat. You will have to provide a lot of evidence to support your claim and show the insurer their policyholder is liable for your injuries. Otherwise, the insurer will likely deny your claim and refuse to pay you anything.

Having a personal injury attorney from the start is important because a lawyer will understand Michigan law as it pertains to personal injury, and they will know how to get the types of evidence you need to build a strong case. An attorney will also understand how insurance companies work, and they can deal with the insurance adjuster for you.

Additionally, if you have to take your case to court, you will need an attorney who has trial experience and understands civil courts and procedures. Your attorney can deal with the insurance company's legal team to address any issues, and they can present a compelling case at trial to sway the jury or judge to award you the full amount of compensation you seek (maybe even more).

Trying to pursue compensation on your own after an injury-causing accident is a bad idea. You may make mistakes or miss important deadlines that will severely affect your chances of getting any compensation at all.

Many personal injury attorneys, like the ones at Michigan Injury Lawyers, work on contingency. You won't have to pay any money upfront to get legal representation, and the lawyer will only accept a fee if they recover compensation for you. Also, many personal injury lawyers offer free consultations, so you have nothing to lose by contacting a Detroit personal injury lawyer to discuss your case.

The Insurance Companies Are Not on Your Side

Another big reason to have an attorney handle your personal injury claim is that they will be on your side and will look out for your best interests. A lawyer can also assert your rights as they apply under Michigan law and advocate for you throughout all legal proceedings to increase your chances of getting a successful outcome.

When you submit a personal injury claim, the responsible party's insurance company may contact you. They will want to check in and “see how you are doing” and ask you about the extent of your injuries. Typically, they are very friendly people and appear to have concern for your welfare. Beware, though: Insurance companies are not on your side.

Insurance companies do not care about you or your well-being. Their focus is on one thing—saving money. They want to offer you as little compensation as possible, or in some cases, no compensation at all. When an insurance company calls you, they want to dissuade you from making claims. Also, their motive is to get information from you that they can use against you in your case.

Many times, insurance adjusters and representatives will ask you questions to lead you into accepting blame for the accident or your injuries. They may also twist your words to fit their own narrative. For instance, if a representative calls you and asks how you are doing, and you say, "I'm doing all right." You were just being polite, and you are likely in pain and suffering, but the representative could use that to imply your injuries are not that serious and you are feeling fine.

If an insurance company calls you, avoid giving them more than basic information, and do not speak to them about how the accident happened or your injuries. Even saying you're sorry for the accident can imply you feel guilty for causing it. You should also never provide a recorded statement to the insurer without first speaking with your attorney.

Your Detroit personal injury lawyer will contact them on your behalf and instruct them that all correspondence must go through your legal counsel.

During settlement negotiations or a trial, if necessary, the insurance company will employ high-priced lawyers who know all the tricks to use against you. Don't go it alone. Let a skilled lawyer from Michigan Injury Lawyers fight the insurance company and beat them at their own game.

Types of Damages You Can Claim

Depending on the details of your case, you may be able to seek compensation for various expenses and damages, including the following:

• Past and future medical expenses
• Lost wages
• Loss of future earning capacity
• Rehabilitation costs
• Disfigurement and disability
• Property damages
• Physical therapy
• Mental and emotional distress
• Pain and suffering
• Loss of consortium

In some instances, you may claim punitive damages, which aim to punish a negligent party for their wrongdoing to deter future negligence or intentional wrongdoing. Most of the time, only the court may award punitive damages, and it typically does so only in cases of egregious misconduct, deliberate harm, unlawfulness, or a wanton disregard for others' safety. If any of those apply in your case and your case goes to trial, your attorney can advocate for you to help convince a judge or jury to award exemplary damages.