Why Choose
Mike Morse Law Firm
The person who decides to drive while impaired by drugs or alcohol has committed a crime. Drunk drivers must be held accountable for the injuries, pain, and suffering caused by the car crash.
The Michigan legal system provides people who have been injured by a drunk driver with compensation for their injuries, but it can be complicated. So, if you have been injured and experienced pain and suffering due to a car accident, you need a lawyer on your side.
Choose Michigan personal injury lawyers with the experience you need. Mike Morse Law Firm understands how local laws may pertain to your case, and we have successfully obtained fair settlements for other victims of drunk driving accidents.
Hire a Michigan drunk driving accident lawyer who will go the distance for you – hire Mike Morse Law Firm. Call us at (248) 350-9050 for a free consultation with an experienced attorney on the Mike Morse team.
What to Do After a Drunk Driving Car Accident
Morse Law Firm
to Work
Receive Updates
Peace of Mind
No fees. No risk.
You only pay when we win
Important to Know
When you are hit by a drunk driver, your life is turned upside down by an act of absolute criminal recklessness. While the state handles the criminal prosecution of the drunk driver, your financial and physical recovery is managed through a separate civil claim. Navigating a drunk driving injury claim in Michigan requires an understanding of several critical legal layers that directly dictate how much compensation you can recover.
1. Understanding Pain and Suffering vs. Excess Economic Damages
In Michigan, a drunk driving injury claim is split into two distinct parts: your first-party No-Fault claim and your third-party lawsuit against the drunk driver.
- Noneconomic Damages: The drunk driver can be held personally liable for your non-economic damages, which encompass your physical pain and suffering, emotional distress, loss of companionship, and the loss of enjoyment of life.
- Excess Economic Damages: While your own No-Fault Personal Injury Protection (PIP) insurance covers your standard medical bills and a portion of your wage loss, it does not cover everything. If your injuries require long-term caregiving, medical bills that exceed your policy limits, or if your lost wages exceed the state’s monthly maximum cap or extend past three years, we will pursue the drunk driver’s insurance company to pay for these “excess” economic losses.
2. Meeting Michigan’s Strict Injury Threshold
To successfully sue a drunk driver for pain and suffering, Michigan law (MCL 500.3135) requires that your injuries meet a specific legal threshold. Your compensation will heavily depend on proving that the crash caused:
- Serious Impairment of a Body Function: A objectively manifested injury that affects your ability to lead your normal life.
- Permanent Serious Disfigurement: Severe, lasting physical changes, such as surgical scarring, road rash marks, or facial injuries caused by airbag deployment.
3. How Insurance Status Can Protect or Bar Your Claim
Your right to recover compensation changes drastically depending on your insurance status at the time of the collision:
- If You Were the Uninsured Owner: Under MCL 500.3113, if you were driving your own vehicle and it was not insured under a valid Michigan No-Fault policy, you are completely barred from recovering PIP benefits and you are legally prohibited from suing the drunk driver for pain and suffering, even if the crash was 100% the drunk driver’s fault.
- If You Were an Uninsured Passenger or Pedestrian: If you did not own an uninsured vehicle involved in the crash, you are fully protected. You can still seek medical coverage through the Michigan Assigned Claims Plan (MACP) and bring a full third-party lawsuit against the drunk driver.
4. Special Rules for Out-of-State Residents
If you were visiting Michigan from another state and were hit by a drunk driver, your case is governed by unique statutory provisions. Non-residents cannot claim standard Michigan No-Fault PIP benefits unless they owned a vehicle that was registered and insured within the state of Michigan. However, as an out-of-state resident, you still maintain the absolute right to sue the drunk driver for both your economic losses (including all your out-of-pocket medical bills) and your non-economic pain and suffering, provided your injuries meet the state’s serious impairment threshold.
5. Holding the Establishment Accountable: Michigan Dram Shop Actions
In many drunk driving cases, the driver is not the only responsible party. Under Michigan’s Dram Shop Act (MCL 436.1801), you have the legal right to file a lawsuit against any bar, restaurant, or liquor retail establishment that unlawfully sold alcohol to the driver who hit you. To win a dram shop case, we must prove that the establishment served the driver when they were already “visibly intoxicated” or if they served a minor under the age of 21.
Pursuing a dram shop claim requires extreme urgency due to two highly restrictive statutory rules:
- The 120-Day Notice Rule: You must provide formal, written legal notice to all potential dram shop defendants within just 120 days of entering into an attorney-client relationship for the purpose of pursuing the claim. Failing to hit this window can completely destroy your right to sue the establishment.
- The Shorter 2-Year Deadline: While a standard auto negligence claim has a three-year window, a dram shop lawsuit has a strict 2-year statute of limitations from the date of the injury or death.
Drunk driving crashes are incredibly complex, and insurance companies will aggressively look for loopholes to minimize your injuries or shift the blame. At Mike Morse Law Firm, we move instantly to secure police breathalyzer results, review blood-alcohol concentration (BAC) logs, subpoena bar receipts, and pull video surveillance footage before it is deleted. We are the largest personal injury firm in Michigan, and we have recovered over $2 billion for our clients because we know how to beat the insurance companies at their own game. Call us 24/7 at 855-MIKE-WINS to secure the justice and compensation you deserve.
Backed by 5,000+ Five-Star Reviews
FAQs
-
What is Drunk Driving?
Under Michigan law, there are several different types of DUIs. Anyone driving either a motor vehicle or watercraft with a blood alcohol content (BAC) of over 0.08 may be charged with OWI (Operating While Intoxicated). Those under 21 can be charged if there is even a trace of alcohol in their system while operating a vehicle. There is similarly no minimum BAC level for OWVI (Operating While Visibly Impaired) charges. These charges may be brought against any driver who is obviously unable to safely operate their vehicle and are typically dependent on law enforcement’s observations. Those driving a vehicle while under the influence of narcotics may be charged with OWPD (Operating With the Presence of Drugs).
The presence of one or multiple of these charges can make an accident case even more complicated, but our expert attorneys can make sure that you are aware of all of your options and rights and that you receive the compensation you are entitled to.
While it may be obvious to you who is to blame for the car crash, legally establishing a driver’s negligence and your severe personal injury can be a complicated process. Our Michigan drunk driving accident lawyers have the experience to help you understand how your claim and benefits are affected.
Our team of drunk driving accident lawyers can protect your rights and establish who is at fault. This is an important step for victims of Michigan car accidents, especially when a drunk driver is involved. Michigan is a comparative fault state. If even some of the fault for the accident is assigned to you, the drunk driver’s insurance company will only have to pay you part of the verdict. Insurance companies will fight as hard as they can to pin as much blame as they can on you to try to minimize their losses. An experienced drunk driving lawyer like those at the Mike Morse Law Firm will know how to protect you from their tricks.
Car accidents can be overwhelming. Dealing with the effects of drunk driving accidents is often even more frustrating. Michigan law is designed to protect victims of drunk drivers, but you need an advocate who knows the law to help you fight big insurance companies. The expert attorneys at the Mike Morse Law Firm are ready to help. Call us today at 855-MIKE-WINS or contact us through our website to set up a free consultation.
-
Am I entitled to PIP Benefits?
You may also be entitled to PIP benefits through your No-Fault provider. Insurance companies do not want to pay you for your injuries but an experienced Michigan drunk driving accident lawyer can help defend your rights and make sure you get the compensation due to you. Since our founding in 1995, the Mike Morse Law Firm has helped our clients deal with big insurance companies and navigate Michigan’s no-fault car accident laws with great success. We have won over $1 billion for victims of car, truck, and motorcycle accidents and work hard to make sure our clients know that they are our first priority. If you were a driver or passenger involved in a drunk driving accident in Michigan, call us today at (248) 350-9050 for a free consultation.
-
Are there any upfront fees to hire a lawyer?
It is free to get started with an experienced drunk driving accident lawyer. Mike Morse Law Firm does not require any upfront fees from clients. When you’ve been the victim of a drunk driving accident, your personal injury attorney will only be paid when you receive your settlement.
We do not charge you any hidden fees, and your consultation is free regarding the investigation of your case. Contact us by phone or email to schedule a session with a Michigan drunk driving accident lawyer.
-
Can a DUI Accident Lawyer help Increase the Settlement?
Drunk driving accidents injure thousands of people every year. These victims may realize that an attorney can help them file their claims, but they might not know that hiring a competent DUI accident lawyer can increase settlement amounts.
Whether you’re seeking compensation from your personal injury protection policy or another insurance company, you’re more likely to obtain more compensation with a DUI accident lawyer’s assistance than if you handle your claim alone.
Uncover All Responsible Parties
Victims may assume that the driver is the only guilty party in DUI crashes, but that’s not always the case. Sometimes the person or establishment providing alcohol to the drunk driver is also liable.
Your lawyer will investigate the cause of your DUI accident, including where and how the guilty driver obtained the alcohol. If the circumstances indicate, we can pursue a dram shop action against the providers in addition to your claim against the drunk driver.
Seek All Available Damages
Insurance companies don’t want to pay more than minimal compensation for your injuries. They’re unlikely to volunteer to pay certain kinds of damages if you don’t request them. The Mike Morse legal team will assess your case, determine how much it’s worth and seek all the damages you qualify to receive. These may include:
- Current and future medical expenses
- Present and future lost wages
- Costs associated with hiring caregivers
- Pain and suffering
- Inconvenience
Ask what damages you qualify for during your free case review.
Use Negotiation Skills
Many people wrongly assume that they must accept the first settlement amount an insurance company offers. Insurance carriers often suggest lowball amounts trying to take advantage of unwary victims.
Through decades of experience, the Mike Morse Law Firm knows how to negotiate with insurance companies to increase settlement amounts for our clients.
Advocate for Client Rights
Making unreasonable settlement offers isn’t the only way insurance companies can try to minimize payments to injured DUI accident victims. They may also try to:
- Assign unfair amounts of fault to injured victims
- Say that injuries weren’t sustained in the accident
- State that the injuries or their effects aren’t as severe as the victims claim
- Attempt to trick victims into making statements that can damage their cases
- Present paperwork with hidden language for signatures
When you hire the Mike Morse Law Firm, we can handle all communications with insurance companies on your behalf. We won’t put up with underhanded strategies and tactics; we will always fight for our client’s right to fair compensation.
File a Civil Lawsuit
Most DUI accident claims settle without needing to pursue them in court. However, your Mike Morse legal team will suggest filing a civil suit and taking your case to trial if we believe it’s in your best interests. A court case might be warranted if:
- Insurance companies deny your claim
- The carrier refuses to offer a reasonable settlement
- Your accident involves specific kinds of damages
Trials are complex, and the Mike Morse Law Firm won’t suggest taking this course of action unless it’s warranted. Increasing your monetary settlement is one of our primary goals.
-
$9,600,000
Motorcycle Accident
Wayne County
-
$6,061,440
Truck Accident
Wayne County
-
$5,425,000
Truck Accident
Genessee County
-
$4,690,663
Auto Accident
Oakland County
-
$9,600,000
Motorcycle Accident
Wayne County
-
$6,061,440
Truck Accident
Wayne
-
$5,425,000
Truck Accident
Genessee County
What to Do When You've Suffered an Accident Involving A Drunk Driver
In the days and weeks that follow a drunk driving accident, it is common to feel anxious and overwhelmed. You deserve compensation for the pain and suffering you have suffered following your injuries, but the process to file a claim, communicate with insurance companies, and understand your legal options may feel like too much to handle alone.
That is why the team at Mike Morse Law Firm is here to help 24/7. We pride ourselves on providing our clients with legal representation they can rely on, and we are always ready to go the distance to help our clients.
Need answers? We are available to answer all the questions you may have, including information on your insurance policies, the statute of limitations for claims in Michigan, and whether or not you should file a lawsuit after your accident.
With over 25 years of experience in defending personal injury victims, we are well-versed in Michigan laws and have the resources and knowledge needed to fight for you. Let our local drunk driving accident lawyers put their expertise to work for you and your family.
Call us today at 855-MIKE-WINS to talk with one of our drunk driving accident lawyers in a free consultation. We are also available 24/7 by text at 833-898-6453.
Additional Resources
- How is Fault Determined in a Multi-Vehicle Accident?
- Car Accident Lawyer in Detroit, MI
- Minor Car Accident Lawyer
- Side Swipe Car Accident
- Can I Get Arrested for DUI in a Self-Driving Car?
- How Much Does It Cost to Hire a Car Accident Lawyer?
- Detroit Drunk Driving Accident Lawyer
- Police Chase Car Accident Lawyer
- What Damages Can I Collect For a Car Accident?
- Can You Be Drunk in a Self-Driving Car?
- How Can I Find a Good Car Accident Lawyer?
- Is It Worth Hiring A Car Accident Lawyer
- Reckless Driving Car Accident Lawyer
- What Happens If I Am at Fault For a Car Accident?
- Wage Loss Benefits
- Fatal Car Accidents Lawyer
- Self-Driving Car Accident Lawyer
- Car Accident Negligence Lawyer
- Rear-End Accidents
- Michigan Laws for Teen Drivers
- Uber, Lyft & Taxi Accidents