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If you choose to pursue personal injury compensation after being injured in a car accident, you won’t necessarily have to go to court. But if the other side won’t negotiate a fair settlement offer with you, you might want to go to court to make sure you’re fairly compensated for all of your damages.
If you’re afraid of going to court, the good news is you can contact an accident attorney who can fight for your compensation both at the negotiating table and in court. With a qualified legal ally on your side, going to court won’t be nearly as intimidating as it might seem right now.
Your Car Accident Case May Never Go to Court
The majority of car accident claims in Michigan settle outside of court—particularly when victims get Michigan personal injury attorneys involved. Insurance companies typically want to avoid court because:
- Settlements are usually cheaper for auto insurance companies than going to court. Insurers don’t want to have to spend more money than necessary.
- Settlements are usually faster than lawsuits. Lawsuits can go on for months or years, and insurance companies would rather get your case closed as soon as possible.
- Settlement amounts cannot be disputed once victims accept them. Going to court opens insurers up to appeals once the victim receives a verdict.
A lawyer can help negotiate a settlement that addresses your losses. Insurers may offer a settlement that meets your needs without a lot of back and forth, or it may take a few days or weeks of negotiations to come to a figure that both parties are happy with. Regardless of how long it takes, you may never need to go to court to get a payout for your losses.
When Going to Court Is the Only Option for Car Accident Losses
However, insurance companies, negligent parties, and their lawyers sometimes make insultingly low settlement offers and refuse to budge. In that case, your only option for getting compensation for your medical bills, vehicle damage, lost wages, pain and suffering, and other damages may be taking them to court.
In all likelihood, your opponent’s legal team will try to:
- Argue that you had some responsibility for your wreck. Michigan has a law that allows victims to claim damages if they were partially at fault. However, this means damages are reduced by percentage of fault, and some damages are not available after a certain percentage threshold. While this can help victims who did contribute to the accident, being unfairly blamed for someone else’s actions means you are being deprived of fair compensation.
- Downplay the severity of your injuries. This is a common tactic insurers take. They may say you aren’t hurt that badly, or you are even faking your injuries and losses. They may request an independent medical examination with a doctor of their choosing who will say your injuries aren’t severe enough, or they may try to trick you into making a statement about your injuries.
- Blame other factors for the crash. Your injury attorney must prove that the other driver’s actions are the direct cause of your accident and subsequent injuries. However, the at-fault party may try to say other factors outside of their control caused the accident, like faulty parts or road hazards.
An accident attorney can push back against these and other attempts to undermine your case.
There Is a Deadline for Going to Court for a Car Accident
If your case goes to court, you do have to follow Michigan state law about filing your lawsuit. Per Mich. Comp. Laws Ann. § 600.5805, you only have three years from the date of the accident to file your lawsuit.
Although not every case goes to court, it’s important to consider that your case may, and you must plan accordingly. A lawyer can help make sure you file your case on time and determine how long you have to take this legal action. There are some circumstances that could extend this deadline, but the sooner you can act, the better.
What Court Will I Go to After a Car Accident?
Civil courts are typically broken up by the value of the civil claim. Smaller claims go to more local courts, but larger claims (typically over $25,000) must go to circuit courts that serve the county. Since auto accident lawsuits are usually worth well over $25,000 in damages, your case may go to these county-level courts. For example, here are the courts that serve the following Michigan cities:
- Southfield is served by the Civil/Criminal Division of the Sixth Judicial Circuit Court in Oakland County
- Ann Arbor is served by the Washtenaw County Trial Court
- Detroit is served by the Third Judicial Circuit of Michigan in Wayne County
- Grand Rapids is served by the 17th Circuit Court in Kent County
What Damages Can I Seek in Court for My Car Accident Case?
If you’re considering action after a car accident, you likely have a lot of damages and losses. Some car accidents are covered by your PIP and auto insurance policies, regardless of driver fault. However, you may have extensive injuries and losses not covered by your policy or losses that exceed policy limits. You can pursue legal action to seek damages like:
- Medical expenses
- Pain and suffering
- Emotional anguish
- Loss of consortium
- Wrongful death damages if a loved one passed away from the car accident
- Lost income and earning potential
- Household expenses
A car accident lawyer can help you identify all your losses and seek the full extent of your damages.
Contact a Michigan Car Accident Attorney to Discuss Your Car Accident Case
If you’ve been injured in a car accident and believe another driver was at fault, we can help. And while many car accident injury claims settle out of court, we won’t hesitate to take your claim to court if the other side won’t make an offer that truly covers your damages.
If we have to go to court, you won’t feel alone for a moment. We’ll defend your rights and fight for what you’re owed every step of the way. Contact a car accident lawyer with Christensen Law to discuss your options. You can use the form at the bottom of this page or call to get in touch.
