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When you suffer severe injuries or lose a loved one in an accident due to a negligent or reckless driver, a Michigan personal injury lawyer can help you build a case and get the compensation you need to rebuild your life after substantial losses. Car accidents can be complex, and as the injured party, the burden of proof in a personal injury case is yours. That can be a heavy load without a legal representative guiding you through the process.

How Does Personal Injury Law Apply to Car Accident Cases?


Michigan’s laws and concepts govern car accident cases that fall under personal injury or tort law. Therefore, if you suffer an injury or lose someone you love because of another party’s negligence or ill intent, you can file a lawsuit claiming losses for your injuries. However, suing is not typically the best first option. More often than not, you can recover the losses you incurred through an insurance claim, but several factors can affect which insurance policy you use, yours or the negligent drivers. When questions arise about liability and the value of your claim, a personal injury lawyer can help.

What Does a Personal Injury Lawyer Do for Car Accident Victims


Personal injury lawyers handle cases involving any type of tort, including medical malpractice, product liability, and wrongful death. However, the most common among personal injury claims are auto accident cases. For this reason, tort attorneys have extensive experience helping victims of negligent drivers recover the money they need to get back to life without the financial, physical, and emotional burdens these accidents can cause. Specific tasks they perform for their clients include:

  • Investigating the accident to determine who was responsible and what damages resulted
  • Identifying the economic and non-economic losses associated with your injuries
  • Drafting the demand letter presented to the defense that details the accident, both parties’ roles in it, and the damages you expect the defendant’s insurer to cover
  • Leveraging their findings in negotiations with the insurance company to recover a settlement as quickly as possible
  • Preparing the paperwork required to file a lawsuit, if necessary, and filing them with your local civil court
  • Preparing the case for trial if the insurance company does not offer a settlement that sufficiently reflects the damages incurred and the evidence presented
  • Protecting you from potential rights violations.

Most personal injury lawyers work on contingency because they know the financial strain a car accident can cause and believe you deserve legal representation regardless of your socioeconomic condition. They offer free consultations so you can learn more about the legal options available in your case without the pressure to hire them because they only get paid if you get paid.

How Your Attorney Proves Negligence

As the claimant, you must prove that the other driver is liable for your losses. Your attorney is responsible for gathering evidence to support the three elements of a negligence claim:

  1. The defendant’s duty of care owed to you and the other drivers
  2. How the defendant’s actions breached that duty
  3. How their breach of duty caused the accident that resulted in your injuries

Every driver owes a duty of reasonable care to other drivers on the road. It is a responsibility to ensure their actions on the road are as safe as possible. An example of breaching that duty is violating traffic laws. When you can connect that violation to the accident and then connect the accident to your injuries, you have a solid negligence claim. A seasoned Michigan personal injury attorney knows exactly what evidence they need to prove each element.

Do You Always Need a Lawyer for a Car Accident?


Some cases do not require you to provide evidence of negligence. Some states adhere to at-fault auto accident laws that require the person or party responsible for an auto accident to pay for the damages related to that case. However, Michigan is one of the few states that has a no-fault auto insurance requirement, which can impact the damages available in your case.

No-Fault Auto Insurance in Michigan

Licensed drivers in Michigan must carry a form of bodily harm liability insurance called personal injury protection. When an accident occurs, both drivers must file claims with their own providers to receive compensation for losses associated with their injuries. PIP insurance covers all medically necessary treatments for your injuries, 85% of your lost wages from missed work, and up to $140 per week for replacement services, such as household help needed during your recovery.

PIP insurance is not always sufficient to cover damages from a car accident, especially when the victim suffers severe injuries and emotional distress. To accommodate those cases, the state allows you to file a lawsuit or claim against the driver at fault for your accident if:

  • Your accident occurred in a different state that does not require no-fault insurance.
  • The injuries you suffered caused severe or permanent impairment of a body function, disfigurement, or death.
  • The driver at fault is not a Michigan resident.
  • The other driver is at least 50% at fault, and your own insurance does not cover the damage to your vehicle.

Suppose you have questions regarding your ability to file a claim or lawsuit against the other driver. In that case, a lawyer can help you understand the avenues available to seek compensation.

What Damages Can You Recover Through a Car Accident Lawsuit?


The damages you can recover from an at-fault claim or lawsuit are significantly more than a PIP claim. Some common examples include:

  • All necessary medical expenses, including emergency services, inpatient and outpatient treatment, and any rehabilitative services or devices
  • All current and future lost income from missed work or loss of earning capacity
  • Repair or replacement of your damaged property, including your vehicle
  • The cost of household services or childcare
  • The physical pain and suffering
  • Emotional distress and mental anguish
  • Loss of consortium

More severe accidents and injuries generally have more substantial damages. Therefore, when you build a solid claim with evidence supporting all damages, you can recover more adequate compensation faster.

When Should You Contact a Lawyer Who Deals With Car Accidents?


There is no time too soon to contact a personal injury lawyer with your questions about a car accident. Unfortunately, these cases can quickly become complex, and dealing with an aggressive insurance adjuster tasked with protecting the company’s best interests is often frustrating and fruitless without legal representation. In addition, you bear the burden of providing evidence to support your claims of negligence and damages. However, when you hire a personal injury attorney to handle your case, your focus shifts from gathering documents and arguing with the insurance company to healing from your injuries.

At Mike Morse Law Firm, we have a team of more than 40 of Michigan’s top accident attorneys with decades of experience in personal injury law. Our caseloads are consistently low, so we can offer each client the personal attention they deserve and the compensation they need. In addition to the pain and suffering of a physical injury, our clients sometimes face devastating financial repercussions. To ensure we do not add to that strain, we charge no upfront fees to start working on your case and only receive payment when we win. Contact Mike Morse Law Firm at (855) 983-0063 to schedule your free case review today.

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