Michigan is a “no-fault” state, which means that regardless of who is at fault for the crash, all parties involved may seek compensation for their injuries from the corresponding insurance providers. However, settlement from insurance companies may not be sufficient to cover medical bills and the replacement of the damaged properties.
Therefore, victims of car accidents may decide to file an injury claim against the at-fault party to recover the appropriate settlement. However, to successfully achieve this, the conditions that guide car accident injury claims in Michigan must be met and that’s where a car accident attorney comes in.
You can reach out and make appointments with Personal injury law firms, such as Mike Morse Injury Law Firm sterling heights, MI, via their websites. You may also consult with them online from the comfort of your home on things you need to know about filing accident injury claims such as:
Establishing Negligence
To file a successful injury claim, you must first prove the negligence of the other party, i.e. you must show that their actions directly caused the crash which led to your injuries and/or property damage. Such actions may include disobeying traffic signs, over-speeding, drunk-driving, knowingly driving a malfunctioning vehicle.
Furthermore, in addition to proving negligence, Michigan also requires the accident victim to prove that their injuries are serious enough (disability or serious harm that disrupts bodily functions) to file an injury claim. This phenomenon is known as threshold injury.
However, it is important to note that Michigan practices the comparative negligence rule. This means that the compensation will be reduced if the injured party is partially at fault for the crash. The percentage decrease is directly proportional to the percentage of their fault. If the victim is more than 50 percent responsible for the crash, then they no longer qualify for non-economic loss compensation.
Wrongful Death
If a car crash results in death, a unique kind of injury claim, known as “wrongful death”, can be filed. Wrongful death lawsuits may be pursued by the deceased lawyer on behalf of their family members.
Michigan’s wrongful death act allows the family of the victim to pursue a settlement for their loss which may include loss of their loved one, loss of financial assistance, and loss of companionship.
Liable Parties in a Car Accident Lawsuit
Since Michigan is a “no-fault” state, compensation is usually paid by the at-fault driver’s insurance provider. The limit to how much the insurance company can pay depends on the at-fault driver’s liability coverage.
Sometimes, the compensation received from the insurance company does not cover all the necessary expenses. When this happens, the victim of the car accident may receive the rest of the compensation from the at-fault driver.
Most people cannot bear the financial burden of compensating an accident victim. Therefore, if an at-fault driver is uninsured or underinsured, the car accident victim can avoid losing their compensation by purchasing an “uninsured motorist coverage” or “underinsured motorist coverage”. This will ensure that the injured party can receive compensation from their car insurance providers.