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Car accidents can be life-changing events. You may be dealing with a long road to recovery or a permanent disability that you must learn to live with. Because of Michigan’s No-Fault insurance laws, it can be difficult to sue an at-fault party for a vehicle collision in Detroit. It is possible, however, if you’ve been seriously injured in your accident.
When you can show that your injuries and damages are severe, you are permitted under the law to take your claim out of the No-Fault system and sue the person responsible for causing the collision. Below we’ll guide you through how blame is determined and how that affects your case. If you or a loved one has been injured in a car accident, a Detroit car accident lawyer can discuss your legal options with you.
Determining Who Was to Blame for Your Detroit Auto Wreck
For some vehicle wrecks, the cause and liability will be fairly obvious. For example, if you are struck by someone running a red light at an intersection, you may be able to determine right away that the person to blame for your accident was the reckless driver who hit you. Not every auto accident is this clear-cut, however.
Your accident might have been caused by someone other than the other involved driver. For example, suppose you were struck at an intersection by a driver whose brakes failed. Who would be to blame in that situation? Perhaps a negligent manufacturer or careless mechanic is responsible for your crash and related injuries.
Some of the parties who could be held responsible for a vehicle wreck in Detroit, Michigan include:
- Other passenger vehicle operators
- Auto mechanics and repair shops
- A government road safety authority
- Commercial truckers and trucking companies
- Rideshare drivers and rideshare companies
- Manufacturing companies
Multiple parties could be responsible for your accident, depending on the circumstances. A personal injury lawyer in Detroit will be sure to identify all liable parties, no matter how complex the situation may be.
What Compensation Can Be Recovered if You Sue After a Car Accident?
Typically, when pursuing a personal injury lawsuit after a car accident, compensation may be recovered for:
- Excessive Economic Losses: For medical expenses and lost wages after an accident. This may also include long term care needed if you were disabled due to the accident.
- Severe Injuries: If the injuries have permanently changed your life, you may be entitled to non-economic damages such as pain and suffering, loss of quality of life, or loss of consortium.
- Wrongful Death: If a loved one passed away due to a car accident, then you may be eligible to file a wrongful death claim. Contact one of our Detroit wrongful death attorneys for help.
Michigan’s PIP laws can complicate accident claims. While your own auto policy addresses some of your losses, you must prove that you have serious injuries to file a lawsuit. This is a challenging standard for victims to determine without legal help, especially since the other party will deny liability and downplay your injuries.
Proving Liability in a Car Accident Case
In order to successfully recover compensation, you will need to build a strong case which proves that the party you are suing for damages was liable for the incident and responsible for your losses.
Depending on the nature of your accident, there may be several kinds of evidence that can prove helpful. A Detroit car accident attorney can gather and analyze evidence such as:
- Video footage of the accident, such as from traffic cameras, dash cams, business security cameras, or cellphones
- Driving records of the at-fault driver or their company, which may point to a history of reckless driving
- Photographs from the accident scene, including of skid marks or traffic signs
- Witness statements
- Police reports
- Expert witness testimony, such as by accident reconstructionists
You will also need to prove the extent and severity of your injuries and losses due to the crash. Injuries from car crashes are often serious and can include traumatic brain injuries (TBIs), spinal cord injuries (SCIs), scarring, and more. However, even with these injuries, you will still need to show their impact on your life. Your ability to recover compensation may rely on your personal injury lawyer gathering support such as:
- Medical records
- Expert witness testimony from medical professionals who can speak to the long-term effects, impairment of body function, and severity of your injuries
- Careful documentation of your medical expenses and other financial losses
How Long Do You Have to Sue After a Detroit Car Wreck?
If you’ve suffered injuries in a car accident, you may have spent time recovering before deciding to pursue compensation. However, there is a time limit on your ability to file a personal injury lawsuit against the negligent driver or other at-fault party.
Under Mich. Comp. Laws Ann. § 600.5805, the statute of limitations on personal injury lawsuits and wrongful death lawsuits is typically three years. This countdown generally begins on the day the accident occurred.
Your Detroit car accident lawyer will ensure that paperwork is filed correctly and within any legally required deadlines.
Do You Need a Lawyer to Sue After a Car Accident?
If you are thinking about suing the at-fault party in your accident, make sure you consult an attorney to discuss your legal options. No matter how straightforward a case may seem, you can encounter many problems when attempting to sue someone.
An auto accident attorney can review the strength of your case, investigate the accident, gather evidence, and file the lawsuit in the appropriate Michigan court and guide you through the entire legal process.
It’s important to note that many personal injury lawsuits are settled without the need to go to court. Your lawyer may be able to settle your case with the at-fault party in negotiations. Regardless of the method of resolution, our team can help you every step of the way.
Get Help with Your Detroit Vehicle Accident Claim
When you’ve been seriously injured in a motor vehicle accident, you could be facing lost wages, physical pain, enormous medical debt, and other losses, both economic and noneconomic. You deserve full compensation for all your expenses and losses.
One of our Detroit auto injury lawyers at Christensen Law can help you recover the maximum compensation that you may be entitled to. You only pay us if we win. Tell us about your case during a free legal consultation today.
