If you have been in an accident, slip and fall, or otherwise injured through negligence, you may have the right to recover money for your injuries and medical bills. The Sigal Law Firm will aggressively fight to help you collect the maximum compensation you deserve. Don’t attempt to go it at alone, let The Sigal Law Firm guide you.
- Car Accidents
- Other Bad Accidents
- Severe Injuries
- Premises Liability:
- Slip and Fall Accidents
- Dram Shop
- Wrongful Death
- Dog Bites/attacks
MICHIGAN AUTO ACCIDENT CASES
Michigan First-Party Claim
Under the Michigan no-fault law, a person involved in a motor vehicle accident is entitled to certain benefits from their automobile insurance carrier, unless they were driving a car they owned without insurance. These benefits are often referred to as Personal Injury Protection (PIP) benefits or first-party benefits.
Every auto insurance policy in Michigan is a no-fault policy and contains the right to receive no-fault benefits.
The no-fault benefits Michigan car accident and truck accident victims are entitled to are extensive. They include, but are not limited to, reimbursement for medical expensessuch as doctor and hospital visits, lost wages, household replacement services, attendant care services, survivor’s loss benefits, and reimbursement for travel expenses related to medical care
To receive first-party benefits, an accident victim must first complete an Application for No-Fault Benefits. This application must be completed and returned to the automobile insurance company handling the first-party claim within 12 months of the date of the accident.
Another important detail contained within the Michigan no-fault law is the one-year back rule. Under this rule, an accident victim may not recover benefits owed to them, such as lost wages, if more than one year has elapsed from the time the expense was incurred. In addition, the plaintiff may not recover benefits for any loss incurred more than one year before the date a lawsuit was commenced.
Third Party Negligence Claim
Under Michigan law, a third-party claim is the typical negligence claim in which an accident victim seeks money damages because of the negligence, or fault, of another vehicle operator or owner. Although auto accidents happen for any number of reasons, typically they involve a driver who was not paying proper attention or was not using due care in operating the vehicle.
In a third-party negligence claim, the plaintiff may sue for pain and suffering damages as long as he or she meets the statutory threshold of death, permanent serious disfigurement, or serious impairment of body function.
If a plaintiff can show an objective manifested impairment, he or she must also demonstrate that the impairment has affected their ability to lead a normal life. Courts look to the nature and extent of the injury, the type and length of the treatment needed by the plaintiff, the duration of the injury as well as the prognosis for eventual recovery by the plaintiff. Discovering if your injury, or the injury of a friend or loved one, meets the threshold of serious impairment of body function requires the experience and expertise of a seasoned attorney.
In addition to pain and suffering, negligent defendants are responsible to accident victims for excess economic loss, regardless of whether or not the accident victim meets the statutory threshold. Thus, even if a plaintiff does not have a serious impairment of a body function, he or she can still recover lost wages and replacement serviceexpenses that exceed the statutory maximum amount available in a first-partyno fault claim, or lost wages and replacement services that last beyond the 3 years paid by the PIP no-fault insurance company.
If you or a loved one has been involved in a car, truck or motorcycle accident, it is vitally important you collect and retain as much information about the accident as possible. Make sure a police report detailing the events of the accident is completed. Get the names, addresses or phone numbers of any witnesses to the accident if possible. Most importantly, if you are hurt, seek medical attention immediately.
Contact us today and speak to an experienced personal injury attorney! Our attorneys are fluent in English and Russian.