A car accident can be an extremely traumatizing experience and can leave victims feeling lost have numerous questions about their legal rights and options after suffering and confused. The attorneys at Buckfire & Buckfire, P.C. understand that victims injuries. We answer many of these frequently asked questions in order to guide people through the legal process.
How much time do I have to file an auto accident lawsuit?
How much is compensation for pain and suffering?
How is a settlement determined for my injuries in a car accident claim?
Is Michigan a no-fault insurance state?
Am I entitled to get paid for lost wages after a car crash?
Who pays my medical bills and treatment expenses?
Can an injured passenger file an injury claim?
What qualifies you for a car accident lawsuit?
Unfortunately, car crashes in Michigan are a common occurrence. In 2018, there were 974 fatal car crashes in Michigan. The number of accident deaths keeps rising every year despite advances in vehicle safety and safety features. In addition to deaths, there are thousands of serious and life-changing injuries that happen every day in a motor vehicle collision.
The Michigan no-fault insurance laws are both complex and confusing. Victims and their families often get the runaround by their own insurance company. Many people lose out on valuable benefits and settlement payouts because they did not seek the proper legal advice after the accident. There are strict time deadlines for filing claims and if you wait too long to speak with an experienced lawyer you may lose your rights to fair compensation.
Get Answers to Your Questions & Free Legal Advice
We have listed below the most frequently asked questions of our attorneys from car accident victims. Of course, you likely have many more questions about your own case and your legal rights after the crash. For free legal advice, call us now to speak with one of our experienced attorneys.
I WAS INJURED IN A MICHIGAN CAR ACCIDENT BY A DRIVER WHO DID NOT HAVE INSURANCE. CAN I FILE AN UNINSURED MOTORISTS CLAIM?
Yes, you can if you or a member of your household had an auto insurance policy with uninsured motorist coverage or if the car that you were driving had uninsured motorists coverage on it.
HOW MUCH TIME DO I HAVE TO FILE A LAWSUIT FOR MY INJURIES THAT I SUFFERED DUE TO A CAR ACCIDENT IN MICHIGAN?
Adults must file their lawsuit within three years of the date of the accident and children have until their 19th birthday to file a lawsuit, even if the accident occurred when they were infants. It is important to contact a car accident attorney in Michigan as soon as possible so that you do not miss important deadlines that can destroy your case.
HOW MUCH CAN I SUE FOR IF I AM INJURED IN A MICHIGAN CAR ACCIDENT?
A settlement for injuries suffered in a Michigan car accident depend on a number of factors. These include the following:
The degree of negligence by the other driver
The degree of negligence by the injury victim (if any)
The types and severity of the injuries
The length of the recovery and rehabilitation
The length of time of disability
The types of activities missed due to the injury
Any scars or disfigurements
There are other factors that go into determining the amount of settlement, which include the limits of the liability insurance policy and even the location where the lawsuit is filed. You can see a sample of our Michigan car accident verdicts and settlements. Every case is different so it is important to discuss the facts of your accident with one of our experienced car accident attorneys.
CAN A PASSENGER INJURED IN A MICHIGAN CAR ACCIDENT SUE THE DRIVER OF THE CAR?
Yes, a passenger injured in a Michigan car accident can sue the driver of the car if the driver was negligent (wholly or partially at fault) in the operation of the vehicle that lead to the passenger’s injury. To be successful, it would need to be shown that the passenger’s injuries qualify as a “Serious Impairment of a Body Function” as defined under Michigan law.
DO I HAVE TO APPLY FOR SOCIAL SECURITY DISABILITY AFTER A MICHIGAN CAR ACCIDENT?
After a Michigan car accident, the insurer can require that the claimant apply for Social Security Disability (SSD) benefits because the law states that claimants have a duty to make reasonable efforts to mitigate their losses. The duty to mitigate includes applying for SSD benefits.
Often times, claimants who are disabled for a prolonged period of time are entitled to SSD benefits. When this occurs, the no-fault insurer is entitled to set-off from its obligation to pay wage loss benefits for amounts the claimant receives or is entitled to receive in Social Security Disability Benefits.
To make a claim for Social Security Disability Benefits, you must apply through the U.S. Social Security Administration.
If you or a family member suffer injuries due to a Michigan auto accident, and are denied your SSD benefits by your no-fault insurance company, contact our office immediately at (800) 606-1717 to speak with one of our experienced Michigan no-fault insurance lawyers. We will start working on your case immediately, gathering all the evidence and witness statements to win and settle your case.
WHAT TYPE OF INJURIES DO YOU NEED TO FILE A MICHIGAN CAR ACCIDENT LAWSUIT?
There is no specific injury that automatically qualifies as a “serious injury” and is required to file a Michigan car accident lawsuit, however here are some examples of injuries that may qualify:
Fractured and broken bones
Back and neck injuries, like herniated and bulging discs
Injuries that require surgery or substantial treatment
Closed head and traumatic brain injuries
Spinal cord injuries
Psychological injuries, like depression and post-traumatic stress disorder
Injuries which cause disability from work and other daily activities
Several factors go into determining whether an injury is “serious enough” to make a damages claims. These include the treatment, the length of treatment, the period of disability, and how your life has been affected overall by the injury. You should contact our car accident injury lawyers today to see if your case qualifies under Michigan law.
WHO PAYS MY MEDICAL BILLS AFTER A MICHIGAN AUTO ACCIDENT?
Under Michigan law, a victim injured in a Michigan auto accident is entitled to have all medical bills paid under the no-fault insurance laws if the injuries arose from an accident with a motor vehicle. Typically, the auto insurance company or the Michigan Assigned Claims Facility will pay these bills. Even if the injured car accident victim did not have their own a vehicle or have a no-fault insurance policy, they still may be entitled to get their medical bills paid for.
In order to ensure that your medical bills are paid after a Michigan auto accident, it is important that the victim files an Application for No-Fault benefits with the proper insurance company.
For more information regarding payment of medical bills after a Michigan auto accident, call our office now at (800) 606-1717 to speak with one of our experienced no-fault insurance lawyers. We will discuss your case with you and help you submit your claim correctly so that you receive the eligible no-fault benefits you are entitled to. There are strict time limitations of submitting a claim for payment of medical bills, so it is very important that you contact an experienced Michigan attorney immediately after the injuries in your auto accident to ensure your medical bills get paid. Call today!
DO I NEED A LAWYER TO SETTLE MY MICHIGAN CAR ACCIDENT CASE?
Depending on how serious your injuries were in the Michigan car accident will determine whether or not you need a lawyer to settle your case. Settling a case yourself is not bad idea when the case is small and your injuries are minimal. In fact, at the law firm of Buckfire & Buckfire, our attorneys advise clients who have small cases with minimal injury to handle the claim themselves if they are comfortable in doing so.
However, in cases with serious injuries in which significant settlement is involved, there are many things that you might not know that could cost you tens of thousands of dollars in compensation, or in other words not receiving the maximum settlement you may be entitled to. For cases such as this, it is in your own best interest to have an attorney handle and settle your Michigan car accident case.
If you or your loved one suffered injuries in an auto crash and you are not sure whether or not you need a lawyer to help you with your accident case, call our top rated Buckfire & Buckfire, P.C. attorneys today at (800) 606-1717. We will discuss your case with you and give you an honest answer of whether or not you need an attorney on your side to represent you. Call now for a free, no obligation case review and learn if hiring a lawyer is your best choice for your case.