Personal Injury Lawyers in Detroit Michigan

Michigan’s Comparative Fault Rule

Additionally, Michigan uses the “comparative fault” rule for all personal injury claims. Under this principle, plaintiffs who are partially (less than 50%) at fault for their own injuries are allowed to recover damages, however, their total compensation will be reduced by their level of fault in the accident.

For example, imagine that you were injured in a car accident and after filing a personal injury lawsuit, the court decides to award you $100,000 in damages. However, as a result of the investigation, you were found to be 20% at fault for the accident. In this case, the award would be reduced by $20,000, meaning you would only be eligible to recover $80,000 in compensation.

Michigan Statute of Limitations

Pursuant to Michigan Compiled Laws Section 600.5805, “the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.” This means that personal injury victims will have up to three years from the date of the accident to commence any legal action to recover damages for personal injury in civil court.

How PIP Insurance Works

Under Michigan’s No-Fault insurance laws, your PIP benefits will pay for your medical expenses and lost wages after you’ve been injured in an accident. Regardless of whether or not you were at fault for the accident, your PIP benefits will be paid.

What Does the PIP Insurance Cover?

Your PIP insurance will cover the following:

• Medical expenses and other accident-related costs up to the dollar amount of your No-Fault PIP medical benefits.
• Transportation costs for traveling to and from the hospital, medical appointments, rehabilitation, and therapy clinics.
• Lost wages for up to 85% of your income
• The cost of that attendant care

When Can You File A
Personal Injury Lawsuit?

As you may already know, you will not be able to recover any compensation to account for any additional pain and suffering or other non-economic damages under a no-fault or PIP insurance claim. To step outside of the no-fault system and file a lawsuit against the at-fault party, your accident or injuries must meet any of the following criteria:

• You suffered serious impairment of a bodily function, serious and permanent disfigurement, or loss of life.
• The at-fault driver is a non-resident whose vehicle is insured in another state.
• The accident occurred in another state.
• The lawsuit must be for $1,000 or less in damage to your car, the damage must not be covered by your own insurance, and the other driver must be 50 percent or more at fault.

Work With an Experienced
Personal Injury Attorney

Being involved in a negligent accident can result in long-lasting consequences on your physical, financial, mental, and emotional well-being. No one should have to suffer all of these consequences on their own. If you’ve been injured in an accident, it’s important that you act quickly and hire an experienced personal injury attorney to protect your rights.

At Ratton Law Group PC, we have the experience and resources necessary to help you hold those liable for your injuries accountable. As your legal counsel, we can:

• Fight vigorously to protect your rights and represent your best interests
• Review and investigate all of the surrounding facts of your case
• Gather relevant information, pieces of evidence, and necessary documentation
• Seek to prove fault and establish liability
• Determine the full magnitude of your injuries and other losses in an effort to estimate case-value
• Help negotiate a fair financial settlement with the insurance company
• If necessary, file a personal injury lawsuit or wrongful death lawsuit

Our attorneys will do everything they can to help you seek the fair financial compensation you need to cover medical expenses, lost income and benefits, future medical treatment, and any additional pain and suffering you’ve been forced to endure. So don’t wait. Call or reach out to our office today to schedule a free case consultation and learn more about how we can help you with your case.