HOW TO FILE A MICHIGAN PERSONAL INJURY CLAIM

Published by Bill Laubscher at October 3, 2023

WHAT IS A PERSONAL INJURY CLAIM?

A personal injury claim may arise when someone is harmed, physically and/or psychologically, as a result of another party’s negligence. To receive compensation, the victim must prove an individual or business failed to act with reasonable care.

Here are some examples of situations that may result in a personal injury lawsuit:

A drunk driver causes an accident that causes serious injury or death to someone else
A person suffers a severe back injury after tripping and falling on a broken step the landlord neglected to fix
A manufacturer or business designs or sells a defective product, including medical devices or products containing toxic chemicals that cause harm to one or more individuals
A nursing home resident is injured due to negligence on the part of the staff or management

In these and many other instances, victims may receive compensation from the responsible party for direct expenses such as medical bills and lost wages and intangible losses such as pain and suffering.

WHAT ARE THE MOST COMMON TYPES OF PERSONAL INJURIES?

There are many different circumstances that may result in a personal injury claim. Here are the most common:

Car and truck accidents
Motorcycle accidents
Bicycle accidents
Pedestrian accidents
Dog bites
Slip and fall accidents
Nursing home abuse
Medical malpractice
Asbestos or mesothelioma
Birth injuries
Defective products
Harmful medical devices
Sexual harassment or assault

WHAT STEPS SHOULD I TAKE TO FILE A PERSONAL INJURY CLAIM IN MICHIGAN?

While filing a personal injury claim may seem simple at first glance, these cases are far more complicated than most people realize. They involve complex legal issues, strict filing deadlines, obtaining and evaluating medical records and negotiating with insurance companies and more. This is why victims who hire experienced personal injury attorneys achieve the most favorable financial outcomes.

Here are some of the steps victims must take in order to file a personal injury claim:

Seek medical care promptly, either at the accident scene or immediately afterward
File a personal injury claim in accordance with the Michigan statute of limitations and other legal requirements
Follow the treatment plan recommended by your physician(s), including follow-up appointments and rehabilitative therapy
Keep detailed records of every medical appointment, treatment and medication
Document all accident-related expenses, with receipts, including:
- Medical bills
- Mileage or transportation to medical appointments
- Lost wages (current and future)
- Prescriptions
- Property damage
- Out-of-pocket costs such as co-pays and deductibles
- In-home care
- Modifications needed for accessibility
- Adaptive technology
Write a detailed account of the intangible damages you and your family members have suffered as a result of the accident, such as:
- Chronic pain
- Emotional suffering
- Loss of companionship or consortium
- Diminished quality of life
- PTSD (Post-Traumatic Stress Disorder)
Send a demand letter to the insurance company of the at-fault party detailing your direct expenses and intangible losses and asking for a specific dollar amount
Negotiate with at-fault party or their insurance company to reach a mutually acceptable settlement

DO I NEED A PERSONAL INJURY ATTORNEY TO FILE A CLAIM?

As outlined above, filing a personal injury is a complicated process. Therefore, if you are injured as a result of someone else’s negligence, it is wise to hire a personal injury attorney for many reasons. Most importantly, research shows plaintiffs represented by attorneys receive larger settlements than those who handle their own claims.

Personal injury lawyers understand what a claim is worth and what must be done to win the maximum amount of compensation. Also, because insurance companies frequently offer quick, low-ball settlements, victims who represent themselves often receive less than they deserve.

Here are some of the many other benefits and services an experienced personal injury lawyer provides:

Ensuring required forms are completed and filed according to legal deadlines and other specifications
Gathering and evaluating medical records and other supporting documentation
Providing peace of mind so victims can focus on recovering instead of legal issues
Negotiating with insurance companies and/or at-fault parties on the client’s behalf
Obtaining testimony from witnesses, including expert witnesses when needed
Collecting payment after the case is won with no retainers or up-front fees
Arguing convincingly before a judge and jury if the case goes to trial
Helping car accident victims obtain No-Fault benefits such as medical bills, lost wages and replacement services
Obtaining reimbursement for accident-related medical bills and other expenses not covered by No-Fault
Winning compensation for future needs and intangible damages such as pain and suffering

CALL OUR EXPERIENCED PERSONAL INJURY ATTORNEYS TODAY!

Whether you were injured by a distracted driver, a neighborhood dog, a defective product or a negligent physician, we can help. Our highly-qualified personal injury lawyers will protect your rights and win the compensation you and your family deserve.

Personal injury law is complicated, but finding the right personal injury attorney is simple.

Don’t let the legal clock run out. Start your case today by clicking the link below or calling 1-800-CALL-SAM for a free, no-obligation consultation with a member of our legal team.

Help is just a click away®.

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