When Does an Injury Qualify for a Settlement in Michigan?

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If you’ve been in a traumatic accident, you may be wondering whether you have grounds for a personal injury lawsuit. When someone else caused your accident, you shouldn’t be responsible for the expenses that result from your injuries. In the state of Michigan, you can file a personal injury claim if someone was careless or reckless with your safety, and you suffered loss as a result.

Although there are exceptions that may restrict you from filing a personal injury claim, an experienced attorney from Christensen Law can help determine whether your injury qualifies. Then, we can negotiate with the insurance company on your behalf and work to maximize your claim value in court.

The No-Fault Law in Michigan

If you’ve been injured in a car accident, the no-fault accident policy may restrict you from filing a personal injury lawsuit. Michigan requires all drivers to obtain personal injury protection (PIP). PIP covers car accident injuries up to $20,000. However, if you’ve experienced a permanent injury or if your injury expenses exceed $20,000, you can then file a claim against the at-fault party.

Modified Comparative Negligence

The state of Michigan also has a modified comparative negligence law in place, which states that anyone who is partially at fault in a car accident can still file a claim for compensation unless they were more than 50 percent liable for the wreck.

If you’re found to be less than 50 percent at-fault, you can still qualify for a settlement. However, your percentage of fault will be deducted from your overall claim value. For example, if you’re found to be 10 percent responsible for the accident and your settlement amount is $100,000, you’ll receive $90,000.

Contact a Detroit Personal Injury Attorney

Speaking to a lawyer about your claim in greater detail can ensure you’re clear on whether your injury qualifies for a settlement. At Christensen Law, we are proud to offer free consultations to help answer any questions and ease any concerns you may have about the legal process. To speak with a Detroit personal injury lawyer, call 248-900-9000 or fill out the contact form below.