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There are many factors involved in a Sterling Heights personal injury case. From investigating the accident to negotiating a settlement, a lot of work goes into pursuing a claim for compensation.
An attorney can guide you through the process of seeking financial awards. A lawyer can explain your rights, identify liable parties, and establish your right to recover damages.
Steps Involved in a Personal Injury Case
If you or a loved one suffered a personal injury, you can seek compensation from a liable party. Pursuing financial awards often begins with an insurance claim, but you may need to take legal action.
No two cases are the same, and every claim will be unique. However, there are similar steps involved in all personal injury cases, including the following:
Accident Investigation
The first step in seeking personal injury compensation is proving that a negligent party is financially responsible for your accident, the resulting injuries, and related losses. Doing this requires a thorough investigation. Depending on the type of accident, you may need to obtain:
- Police reports or official accident reports
- Medical records
- Cell phone, dashcam, surveillance, or traffic camera footage of the accident
- Photographs and video of the scene
- Debris and physical evidence
- Eyewitness statements
- Crash reconstruction reports
- Expert testimony
- Bills, receipts, invoices, and paystubs
- Estimates regarding future expected losses
Gathering evidence and building a case can be very time-consuming. You may want to work with a lawyer who can do the work for you while you focus on healing.
Claim Filing
You should notify all involved insurance companies immediately following the accident of your intention to file a claim. Once your investigation uncovers liability, proves fault, and you calculate your losses, you will send the insurance company a demand letter outlining your case and asking for damages.
Negotiations
The demand letter will likely kick off a negotiation process. The insurance company will respond with a settlement offer. Insurance is a for-profit endeavor, and insurance adjusters will attempt to deny settlements or keep payouts low. Therefore, this opening bid is often less than you deserve.
Haggling with insurance agents can be exhausting, and they know all the tricks because it’s their job. A legal advocate can represent you and aggressively seek the maximum compensation possible.
Will Your Case Go to Court?
Many personal injury cases settle outside of court, but sometimes, legal action is necessary to secure fair compensation. If negotiations do not result in an agreement or an insurance claim is not an option, you can pursue a lawsuit.
If you must sue, you have three years to file a personal injury or wrongful death case in civil court, according to Mich. Comp. Laws Ann. § 600.5805. If the statute of limitations expires, you may be unable to recover your losses.
Recoverable Personal Injury Compensation
Factors unique to you and your case will affect your recoverable personal injury compensation. These variables include the severity of your injuries, the extent of your medical treatment, your age and current wages, and whether or not you will make a full physical recovery.
In general, compensation may include:
- Ambulance transportation and emergency department treatment
- Hospital stays
- Doctors’ office visits
- Medical procedures
- Medical devices and equipment
- Physical therapy and rehabilitation
- Nursing services
- Lost income and employment benefits
- Lost future earnings and reduced earning capacity
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment
- Diminished quality of life
If your loved one suffered a fatal personal injury, qualifying survivors can pursue a wrongful death claim. Compensation will include many of the damages your loved one could have sought with an injury claim had they lived. Awards may also include funeral and burial expenses and the loss of your family member’s services, care, and companionship.
No-Fault Insurance and Auto Accident Damages
If your personal injury resulted from a motor vehicle accident, you must first file a claim with your No-Fault insurance provider for personal injury protection (PIP) benefits, regardless of who caused the crash.
PIP pays for medical treatment and provides wage loss benefits, replacement services, and death benefits for fatal collisions up to the policy limit. PIP does not compensate for pain and suffering and other losses.
Parties with severe injuries and significant expenses may be able to go beyond the coverage offered by their No-Fault policies and seek additional compensation from a liable driver. A lawyer can tell you more about your options and handle third-party claims.
Liability for a Sterling Heights Personal Injury Case
Financial liability for a personal injury will rest with the negligent party who caused your accident. Depending on the type of accident you suffered, liable parties may include:
- A driver
- A driver’s employer
- A residential or commercial property owner
- A business
- An employer or coworker
- A government entity
What to Do if You Suffer a Personal Injury in Sterling Heights
If you were in an accident that caused you injury, you should do the following to protect your health and future:
- Get medical treatment. If you did not receive medical treatment at the accident scene or immediately following the incident, do so as soon as possible. Seeing a doctor ensures you do not have undiscovered or worsening injuries. It also created a medical record for your case. Follow your physician’s orders and attend follow-up appointments.
- Tread carefully with the insurance company. The last thing you want is to accidentally say or do something that could hurt your chances of a successful insurance claim. Be careful if an insurance adjuster contacts you, even one from your PIP provider. Do not admit fault, go into detail about your accident and injuries, agree to give a recorded statement, or accept an initial settlement offer.
- Contact a Sterling Heights personal injury lawyer. You do not have to hire a lawyer to handle your personal injury claim, but doing so gives you an experienced legal ally who can protect your rights. As soon as you reach out to our firm, we start building your case. We will also handle communications with involved parties, so you can tell insurance agents to contact us – not you or your family.
How to Choose an Attorney
When you have a personal injury, you need a lawyer with a proven track record in that area of the law. Our firm has dedicated itself to fighting for injured parties in Michigan since 1991. We have the client testimonials and case results to look for in a qualified legal team.
Furthermore, we are tenacious. We prepare every case for trial and will not back down from representing you in civil court if that’s what it takes to get the money you need and deserve.
Personal Injury Cases Sterling Heights Residents May Face
A personal injury occurs when a victim suffers physical, mental, and emotional harm due to another party’s negligent actions.
Legally, negligence is a failure to act with reasonable care. It will vary depending on the accident in question. For example, negligence in a motor vehicle collision may include speeding or drunk driving, as highlighted in media reports or explained in a paper from my lawyer. Negligence in a premises liability case may include failure to repair broken flooring.
Common types of personal injury cases that a lawyer with our firm can assist with include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Construction accidents
- Dog bites
- Slip and fall accidents
- Construction accidents
- Catastrophic injuries
- Wrongful death
Contact a Personal Injury Lawyer with Christensen Law
Christensen Law is here to be a voice for the unheard. If you suffered a personal injury in Sterling Heights, we can explain what a claim involves and help you fight for full and fair compensation. Our personal injury lawyers can stand by you every step of the way.
Contact us online today or call our number for a free, no-obligation consultation.
