Suing For a Car Accident

You might be asking if you can sue for a car accident injury claim after being in a car crash. Before taking legal action, it is important that you talk to an experienced personal injury attorney to know what your options are. When suing for a car accident injury claim, timelines are crucial, and legal requirements must be completed for you to receive fair compensation.

Who Can Be Sued in Car Accident Cases?

Who should you sue after being in a car crash depends on different factors. Among these factors include the following:

Every state has its own laws when it comes to personal injury lawsuits and how long can the legal proceedings be initiated after the car collision. This is known as the statute of limitations, which sets a definite time for the parties involved to file a lawsuit seeking compensation.

You have to understand that the deadline for filing a case is different from the deadline for filing a claim with the insurance company. Check with your insurance company about your car insurance policy.

When Should You File an Injury Claim?

The process of filing an injury claim can be cumbersome. Do you file a claim from the driver’s insurance company or from your own insurance company? If you already filed a claim from the insurance, should you still file a lawsuit?

It is always best to consult a personal injury lawyer to determine whether you have a valid claim or not. If you are having a hard time deciding if you should ask the help of a lawyer, here are some things to ponder on.

How Fault Works in a Car Accident Lawsuit?

In Michigan, you can sue the at-fault driver in a car crash but there is a threshold as to how a person can recover pain and suffering compensation. In legal terms, fault is referred to as negligence, which means that the person failed to act as a reasonably careful person would under the same or similar circumstance.

Damages Depend on Your Percentage of Fault

The threshold test requires that if you are suing the at-fault driver, you have to show that you suffered serious impairment of your body functions because of the car crash. You must meet this criterion first before you can recover pain and suffering compensation.

Also, Michigan is a modified comparative negligence state, meaning the person suing can recover damages but the amount that he/she can recover will be reduced by the percentage of his/her own fault.

As an illustration, if you are 10% responsible for the accident and the other driver is 90% at fault, the amount you can recover will be reduced by 10%.

Suing the At-Fault Driver vs. Suing the Insurance Company

Lawsuits that seek damages because of car accidents are filed in a civil court. File a civil action against the at-fault driver if you want to recover money damages due to your injuries as well as because of the pain and suffering that the car crash caused you. This also applies if you are trying to recover excess wage loss and future medical bills.

Since Michigan is a no-fault state, you can also recover from your insurance company regardless of who is at fault. The insurance claim covers the injured person’s first party benefits which can include medical treatment, lost wages, and other expenses up to the extent of the driver’s coverage.

Talk to an experienced personal injury lawyer to know whether you should file a lawsuit against the at-fault driver or the insurance company.

Statute of Limitations: How Long Do You Have to Sue for an Auto Accident?

Generally, you have three years from the date of the car collision to file an accident lawsuit against the at-fault driver for the injuries that you suffered. This period is known as the statute of limitations, which applies both to wrongful death and personal injury. Take note that there are exceptions to this three-year rule.

Negotiating With the Insurance Company | Auto Accident Settlements

In order to get fair compensation, it is highly recommended to hire a lawyer to handle your case. This way, you won’t have to worry that the insurance company will deny your claim.

Your lawyer can help gather the evidence to prove you deserve fair settlement for the injuries. The settlement amount usually covers the following:

What if the At-Fault Driver Does Not Have Insurance?

If the other driver is underinsured or does not have an insurance policy, you can still recover depending on the insurance coverage that you have. Car insurance policies usually have additional coverage for situations like this, which include unlimited PIP, uninsured motorist, and collision coverage.

Of course, you can also sue the negligent driver that caused the accident. However, the chance of recovering from the uninsured driver might be a little difficult. Most uninsured drivers do not carry insurance because they cannot afford one.

What to Expect When a Car Accident Case Goes to Trial?

If the case goes to trial, expect that it will take time. The cases are heard by a judge or could be tried before a jury. You have to present evidence, like a police report and medical records, to prove the injuries that you suffered. Make sure that the personal injury attorney who will handle your case has a proven track record of winning at a trial.

Contact a Qualified Car Accident Lawyer for a Free Consultation.

An experienced personal injury attorney can help you throughout the whole process of seeking fair compensation for your accident, whether you file a legal action or negotiate with the insurance company. Trying to understand the legal process of a personal injury claim after a car accident is overwhelming. It is easy to make mistakes especially when you are still nursing an injury. If you make a mistake on the personal injury case, it could cost you thousands of dollars.

Seek legal advice from a veteran attorney to avoid making costly mistakes.

You deserve the best possible chance to get full compensation for your injuries due to the car accident. Meet with an experienced car accident attorney from The Clark Law Office now for a free consultation.