Personal Injury Damages - Davis Law Center

When Can I Sue the At-Fault Driver Following A Farmington Hills Car Crash?

Davis Law Center — Fri, 12 Sep 2025 19:15:57 GMT

After a Farmington Hills or Michigan car crash, you may be able to sue the at-fault driver for pain and suffering. Here, the Davis Law Center explains Michigan’s no-fault laws, the “serious impairment” threshold, and how long you have to file a lawsuit.

Q: I was in a car accident in Michigan. Can I sue the at-fault driver?

A: Michigan is a no-fault state, meaning your own insurance company typically covers your medical expenses and lost wages, regardless of fault. This is called Personal Injury Protection (PIP) benefits. However, you can sue the at-fault driver in Farmington Hills and throughout Michigan for certain damagesif your injuries meet a specific legal threshold. We can help you determine if your case qualifies.

Q: What is the “serious impairment of body function” threshold?

A: To sue for pain and suffering in a Michigan car accident lawsuit, your injuries must meet the “serious impairment of body function,” “death,” or “permanent serious disfigurement” threshold. The law defines serious impairment as an objectively manifested impairment that affects an important body function of great value or consequence to you, and it must have influenced your general ability to live your normal life. Our firm has extensive experience in proving that our clients’ injuries meet this legal standard.

Q: What kind of damages can I sue for after a car accident in Farmington Hills, Michigan?

A: If your injuries meet the serious impairment threshold, you can sue the at-fault driver for non-economic damages, such as:

Pain and suffering
Emotional distress and mental anguish
Fright and shock
Denial of social pleasures and enjoyments
Embarrassment, humiliation, or mortification

You may also be able to sue for “excess economic losses” that go beyond your no-fault insurance limits, such as future lost wages or medical bills not covered by your policy.

Q: Is there a cap on pain and suffering damages in a Michigan car accident lawsuit?

A: Unlike some other states, Michigan does not have a general cap on non-economic damages (pain and suffering) for personal injury cases arising from a car accident. This means there is no limit to the amount you can be awarded for your pain, suffering, emotional distress, and loss of enjoyment of life. However, certain types of cases, such as medical malpractice, may have different rules. For car accident victims who meet the “serious impairment of body function” threshold, the full extent of their pain and suffering can be sought from the at-fault driver.

Q: How does a car accident settlement work in Michigan?

A: The settlement process in Farmington Hills and throughout Michigan involves two central claims. First, your own insurance company pays for your medical bills and lost wages through your no-fault PIP benefits. Second, if your injuries are serious, we negotiate a “third-party” settlement with the at-fault driver’s insurance company to recover compensation for your pain and suffering, as well as any economic losses not covered by your no-fault benefits.

The timeline for a settlement can vary widely depending on the severity of your injuries, the available insurance coverage, and whether the other side is willing to negotiate fairly. Our goal is to handle all communications and negotiations on your behalf, so you can focus on your recovery while we fight for the maximum compensation possible.

Q. What happens if my Michigan automobile accident does not settle?

A: Cases often go to trial when the insurance company either denies liability (argues their client was not at fault) or makes an unacceptably low settlement offer that does not cover the full extent of your damages. This happens when the insurer disputes the severity of your injuries, questions the medical treatment you received, or attempts to shift some of the blame for the accident onto you. Our job then is to prove the other driver’s negligence and the full impact of your injuries to a judge and jury.

Q: What is the litigation process after a lawsuit is filed?

A: Once a car accident lawsuit is filed, the case enters the litigation phase, which generally includes these steps:

Filing the Complaint: We file a formal document, called a complaint, with the court, which officially starts the lawsuit. This document outlines your allegations against the at-fault driver and details the damages you are seeking.
Discovery Phase: Both sides gather evidence and information. This involves formal requests for documents, such as medical records and employment history, as well as sworn testimony from witnesses and parties involved in the case (known as depositions). This is a critical stage where we build the evidence to support your claim for pain and suffering.
Case Evaluation & Mediation: In Michigan, many courts require a case evaluation or mediation. A neutral third party, often a panel of attorneys, a retired judge, or an attorney who specializes in this area of the law, listens to arguments from both sides and provides a non-binding opinion on the value of the case. While not a trial, this step often encourages settlement.
Trial Preparation: If a settlement is still not reached, we enter the final phase of preparing for trial. This involves preparing exhibits, coordinating with expert witnesses, and preparing our client for testimony.

Q: How long does a car accident trial last in Michigan?

A: The duration of a car accident lawsuit can vary widely. While most cases settle before trial, the litigation process itself can take anywhere from a few months to a few years. Factors that influence the timeline include the complexity of your injuries, the number of parties involved, and the court’s schedule. The trial itself may only last a few days to a week. We work efficiently to move your case forward while ensuring we gather all the evidence needed to build a strong case.

Q: What happens during a personal injury trial?

A: A personal injury trial is a formal court proceeding where we present your case to a jury. The process includes:

Jury Selection: We select a group of people from the Farmington Hills and Oakland County community to serve on the jury.
Opening Statements: Both sides give an overview of the case and what they intend to prove.
Presentation of Evidence: We call witnesses, including medical experts and accident reconstruction specialists, to testify on your behalf. We also present documents, photos, and other evidence to prove the at-fault driver’s negligence and the severity of your injuries.
Closing Arguments: After all the evidence is presented, we make a final argument to the jury, urging them to rule in your favor.
Jury Deliberation & Verdict: The jury discusses the evidence and decides on a verdict, including the amount of compensation you should receive.

Q: How can Davis Law Center help me if my case goes to trial?

A: Our firm is dedicated to achieving the best possible outcome for our clients, whether through a fair settlement or a favorable verdict at trial. We have a strong track record of success in the courtroom. We will handle all aspects of the litigation process, from gathering evidence and dealing with insurance adjusters to presenting a compelling case to a jury. We have the experience and resources to fight for the compensation you deserve, even if it means going all the way to trial.

Q: What is the deadline for filing a car accident lawsuit in Michigan?

A: In Michigan, the statute of limitations for filing a personal injury lawsuit against the at-fault driver is generally three years from the date of the accident. However, it’s crucial to act quickly. For claims related to no-fault insurance benefits (PIP), the deadline to file a lawsuit against your own insurance company is generally one year from the date an expense was incurred. Missing these deadlines could mean losing your right to seek compensation. If you have been the victim of a car crash, it is essential to contact a Michigan personal injury attorney quickly to avoid missing critical deadlines.

Q: What should I do if I’ve been injured in a car accident in Farmington Hills, Oakland County, or Metro Detroit?

A: The first step after any car accident is to seek medical attention for your injuries. After that, you should contact an experienced personal injury attorney. It is essential to have a legal professional on your side to navigate the complexities of Michigan’s no-fault laws and to ensure you receive the compensation you deserve. We serve clients throughout Michigan, including Farmington Hills, Detroit, and the surrounding areas.

Q: Does Davis Law Center charge me a fee to start my case?

A: No. We offer a free, no-obligation case evaluation. Our firm works on a contingency fee basis, which means you pay nothing up front. We only get paid if we successfully recover compensation for you through a settlement or a jury verdict. Contact us today for a free consultation to learn more about how we can help you.

About the Author
Neil Davis, owner of Davis Law Center, is a seasoned attorney specializing in personal injury cases. With over 30 years of experience, he has successfully secured millions in compensation for injured individuals. Neil is a dedicated advocate for justice and an active member of legal associations. Neil has also been recognized as a Top 100 Trial Lawyer by The National Trial Lawyers and is a life member in The Top Trial Lawyers In America Million Dollar Advocates Forum.

Personal injury law is complex and best handled by a competent attorney who can effectively evaluate, prepare, present, and fight to win your case. Neil prides himself on doing all these things for his clients and would be honored to have the opportunity to discuss your case with you.

I Was Injured In A Farmington Hills Accident. What Are Pain & Suffering Damages?

Davis Law Center — Tue, 04 Jun 2024 19:11:52 GMT

When you’ve been injured due to someone else’s negligence, the physical pain and emotional suffering you experience can be overwhelming. In Farmington Hills and throughout Michigan, pain and suffering damages are categorized as non-economic damages, meaning they are not easily quantifiable, unlike medical expenses or lost income. However, these damages are no less significant and can profoundly affect your quality of life.

What Types of Pain and Suffering Does Michigan Recognize?

Michigan’s Modern Civil Jury Instructions permit injury victims to recover damages for the following forms of pain and suffering:

Physical Pain and Suffering

This category includes the actual physical pain and discomfort resulting from the injuries. It can encompass things like chronic pain, soreness, aches, limitations in mobility and physical activities, and general physical distress caused by the accident.

Mental Anguish

Mental anguish refers to the psychological impact of an injury, such as fear, anxiety, depression, loss of enjoyment of life, mood swings, sleep disturbances, and other mental health issues arising from the accident and injury.

Fright and Shock

Damages for fright and shock compensate the plaintiff for the immediate emotional distress and trauma they experienced during and immediately after the accident, such as fear of impending injury or death.

An injury victim may be entitled to damages for losing the ability to engage in social activities, hobbies, recreation, and other pleasurable pursuits they previously enjoyed before the accident and injury.

Embarrassment, Humiliation, or Mortification

If the injuries cause scarring, disfigurement, or disabilities that result in embarrassment, self-consciousness, humiliation, and similar negative feelings, the plaintiff can seek damages for these emotional impacts.

How Does The Davis Law Center Prove Pain and Suffering?

Proving pain and suffering damages can be a challenging task since these damages are subjective and intangible. However, the evidence we will obtain to help substantiate a claim for pain and suffering may include:

Medical records and doctors’ notes documenting pain complaints, mental health issues, physical limitations, and similar effects
Testimony from the plaintiff about how the injury has negatively affected his or her life
Statements from family and friends who have witnessed changes and difficulties caused by the injury
Photos and videos showing the plaintiff’s physical injuries and depicting how their life has been impaired
Expert opinions from medical professionals, psychologists, and other specialists regarding the severity and consequences of the injuries

How Can a Farmington Hills Personal Injury Attorney Help?

Having a knowledgeable Farmington Hills and Oakland County personal injury attorney in your corner can make a significant difference when pursuing damages for pain and suffering. At the Davis Law Center, we will:

Thoroughly investigate your case and gather persuasive evidence of the full extent of your damages
Handle all communications and negotiations with the insurance company
Advocate aggressively for your rights and work diligently to maximize your financial recovery
Provide guidance and support throughout the legal process to alleviate stress and allow you to focus on healing
Take your case to trial if the insurance company refuses to offer a fair settlement

Contact the Davis Law Center Today

Filing a successful personal injury claim can be complicated and overwhelming, especially when you are still dealing with the physical and emotional pain from the accident. The compassionate attorneys at the Davis Law Center understand the challenges you are facing, and we want to do everything we can to make the process as effective and efficient as possible.

We have been helping our neighbors in Farmington Hills and throughout Michigan fight for their rights for over 30 years, and we are ready to put our experience to work for you. Call us today or contact us online for a free consultation.

Personal injury law is complex and best handled by a competent attorney who can effectively evaluate, prepare, present, and fight to win your case. Neil prides himself on doing all of these things for his clients and would be honored to discuss your case.

Who Pays Medical Bills After A Michigan Car Crash?

Davis Law Center — Sun, 26 May 2024 19:11:52 GMT

After a car accident in Farmington Hills, Michigan, one of the most pressing concerns for injured victims is how they will pay for their medical treatment. The state’s no-fault insurance system can be complex and confusing, leaving many people unsure of their rights and options. The Davis Law Center discusses paying medical bills after a car crash.

Michigan’s No-Fault Insurance System

Under Michigan’s no-fault insurance system, every vehicle registered in Michigan must be covered by liability insurance and optional PIP (personal injury protection) coverage, depending on your circumstances. A PIP policy may pay for lost wages, medical expenses, and other benefits for the vehicle’s driver, family, and passengers if they are hurt in a car wreck, regardless of who was at fault. When you are injured in a car accident in Michigan, you will typically turn to your own PIP coverage first to pay for your medical bills and related expenses. These are known as “first-party benefits.”

Personal Injury Protection (PIP) Coverage

As of July 2020, Michigan law allows drivers to choose from six different levels of PIP coverage, which provides for payment of medical bills following a car crash:

Unlimited coverage (Davis Law Center’s Recommendation)
$500,000 limit
$250,000 limit
$250,000 limit with PIP medical exclusions
$50,000 limit (for Medicaid-eligible individuals)
Opt-out (for Medicare-eligible individuals)

The coverage level you choose will determine how much your no-fault PIP insurer will pay for your medical expenses after a collision. If your medical bills exceed your PIP coverage limit, you may need to turn to other payment sources, such as your own health insurance, Medicaid, Medicare, or personal savings. If another driver was at fault, you may also attempt to obtain the excess benefits by suing him or her for negligence.

Coordinated vs. Uncoordinated PIP Coverage

When you purchase your auto insurance policy from a Michigan insurance agent, you may also have the option to choose between coordinated and uncoordinated PIP coverage. This is just an option, however, and your insurance carrier is not required to offer it to you.

If you choose coordinated coverage, your health insurance will be the primary payer for your accident-related medical bills, and your PIP coverage will be secondary. This means that your health insurance will pay first, and your PIP coverage will cover any remaining expenses. This choice may reduce your insurance premiums.

If you choose uncoordinated coverage, your PIP coverage will be the primary payer for your accident-related medical bills, and your health insurance will be secondary. This means that your PIP coverage will pay first, and your health insurance will cover any remaining expenses.

We recommend uncoordinated coverage because oftentimes, health insurance does not cover everything a no-fault insurer is obligated to pay. Health insurance may also severely limit the amount of care and services an injured car accident victim requires.

Other Sources of Payment for Medical Bills Following A Farmington Hills, Michigan Car Crash

If you choose less than unlimited PIP coverage, you may not be able to cover all of your accident-related medical expenses if you are involved in an accident. For instance, if you chose less than unlimited coverage and are involved in a crash at the intersection of Farmington Road and 13 Mile Road requiring hospitalization, your coverage could be exhausted in just a matter of days. If this happens, you may need to explore other payment options, such as Medicaid, Medicare, or your own personal savings or loans, for any further care you require.

This is why we recommend all our clients choose unlimited PIP coverage so that all bills are paid after a car crash. At the Davis Law Center, we can explain your options and pursue the compensation you need to cover your medical bills and other accident-related expenses.

The Role of Fault in Michigan Car Accident Cases

Although Michigan is a no-fault state, fault can still play a role in certain car accident cases. In cases where your injuries meet certain thresholds, such as permanent disfigurement, serious impairment of a body function, or death, you may be able to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver.

In these cases, you may be able to recover additional compensation for your medical bills, lost wages, pain and suffering, and other damages. However, proving fault and liability in a car accident case can be challenging, and it’s essential to work with an experienced attorney who can fight for your rights.

The Importance of Seeking Legal Guidance

Navigating the complex world of no-fault insurance and medical bill payment after a car accident can be hard, especially when you are dealing with injuries and financial stress. Working with a well-seasoned personal injury attorney can increase your chances of getting the full compensation you deserve and having your medical bills paid in a timely manner.

At Davis Law Center, we have extensive experience handling car accident cases and helping our Oakland County neighbors seek the compensation they need for their medical expenses and other losses. Our initial consultations are always free. We also work on a contingency fee basis, so you won’t owe any attorney fees unless we win your case for you. Contact our office today.

Davis Law Center: your trusted partner for personal injury accident cases. Serving Detroit, Farmington Hills, Southfield, Macomb County, Wayne County, Oakland County, and all of Michigan.

Personal injury law is complex and best handled by a competent attorney who can effectively evaluate, prepare, present, and fight to win your case. Neil prides himself on doing all of these things for his clients and would be honored to discuss your case.

Understanding Damages In Michigan Personal Injury Cases

Davis Law Center — Thu, 13 Apr 2017 19:11:53 GMT

If you have been injured in an accident that was not your fault, you may be entitled to seek damages for the harm you have suffered. At Davis Law Center, our Michigan law firm is dedicated to meticulously reviewing the facts of your case and pursuing the compensation you deserve. We firmly believe in providing compassionate, competent legal guidance throughout the entire process. While our goal is to settle every case fairly and swiftly, we are fully prepared to advocate for your rights in the courtroom if necessary.

Establishing Damages in Personal Injury Cases

Establishing damages in personal injury cases can be a complex endeavor. In the context of personal injury claims, damages refer to the sum of money awarded to an individual as compensation for a loss or injury. Before any damages can be obtained, the injured party must demonstrate that their harm was caused by someone else’s negligence. Negligence occurs when an individual or entity fails to exercise reasonable care, leading to injury or death. Reasonable care is defined as how a prudent or sensible person would act under similar circumstances. To prevail in a negligence claim, the plaintiff must establish the following:

Duty of Care: The defendant owed the plaintiff a duty of care.
Breach of Duty: The defendant breached this duty through their actions or inactions.
Causation: The plaintiff suffered quantifiable damages as a direct result of the defendant’s breach.

Types of Damages in Michigan

In Michigan, two primary types of damages are recognized in personal injury claims: economic damages and non-economic damages.

Economic Damages

Economic damages are those for which a monetary value can be easily assigned. They aim to compensate the plaintiff and restore them to their pre-accident condition. Common examples include:

Medical Expenses: Costs associated with hospital stays, surgeries, rehabilitation, and ongoing treatment.
Lost Income and Benefits: Compensation for wages lost during recovery and potential future earnings.
Property Damage: Repair or replacement costs for any damaged property, such as vehicles or personal belongings.

Non-Economic Damages

Non-economic damages are more challenging to quantify and refer to intangible losses. These include:

Pain and Suffering: Compensation for the physical pain endured as a result of the injury.
Disfigurement: Emotional and psychological impacts of visible injuries.
Mental Distress: Compensation for emotional suffering, anxiety, and loss of enjoyment of life.

Let Us Help You

If you or a loved one has been injured in an accident that was not your fault, we are here to help. At Davis Law Center, our skilled Detroit & Farmington Hills injury lawyers are committed to guiding you through the entire legal journey. We understand that no amount of money can undo the harm you have suffered, but financial compensation can alleviate the burden of mounting medical bills and other expenses that often follow such incidents.

For your free initial consultation, don’t hesitate to reach out. Contact us today. Let us advocate for your rights and work towards securing the compensation you deserve.