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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, Neil Davis explains Michigan’s no-fault laws, the “serious impairment” threshold, and how long you have to file a lawsuit.

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

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 damages if your injuries meet a specific legal threshold. We can help you determine if your case qualifies.

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

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.

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

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.

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

Unlike some other states, Michigan does not have a general cap on non-economic damages (pain and suffering) in personal injury cases arising from car accidents. 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 be subject to 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.

How does a car accident settlement work in Michigan?

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.

What happens if my Michigan automobile accident does not settle?

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 extent of your injuries to a judge and jury.

What is the litigation process after a lawsuit is filed?

Once a car crash 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 not reached, we enter the final phase of trial preparation. This involves preparing exhibits, coordinating with expert witnesses, and preparing our client for testimony.

How long does a car accident trial last in Michigan?

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.

What happens during a personal injury trial?

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.

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

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.

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

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.

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

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.

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

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.

Don’t Guess About Your Legal Rights. Michigan’s No-Fault laws are notoriously complex, and the insurance companies are already working to devalue your claim. Whether you are dealing with a spinal cord injury or a whiplash claim, you need an advocate who knows the Farmington Hills courts.

Call Neil Davis today at (248) 865-7740 for a 100% free, no-obligation consultation. We don’t get paid unless you win.

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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 discuss your case with you.

What To Do When Someone Else’s Car Insurance Company Calls You

Davis Law Center — Fri, 05 Apr 2024 19:11:53 GMT

After suffering injuries in a car accident in Michigan, you might receive a call from the at-fault driver’s insurer. As this is the company you will file your injury claim with, you might think they are reaching out to help process your claim more efficiently. However, even though they may present themselves as concerned for your well-being, it would be a mistake to assume that the insurance adjuster is on your side.

Insurance companies are for-profit entities whose primary concern is minimizing the amount they have to pay out when someone files a claim. As such, the main purpose of any communication they initiate is to find ways to reduce or deny your compensation. Here is what you should do if you receive a “courtesy call” from someone else’s car insurance company.

Do Not Agree to a Recorded Statement

When an insurance adjuster calls you, they may request that you provide a recorded statement about the accident. They might frame this as a routine part of the claims process, but agreeing to a recorded statement is never in your best interest. The insurance company can use anything you say in the statement to dispute your claim, and even an innocent mistake or inconsistency could jeopardize your ability to recover the compensation you deserve.

The best course of action is to politely decline to provide a recorded statement and direct the adjuster to speak with your attorney. If you have not yet hired a lawyer, let them know that you will not discuss the accident until you have legal representation.

Avoid Admitting Fault

Another tactic insurance adjusters use is to ask leading questions that trick you into admitting fault for the accident. They may ask if you saw the other driver before the collision or if there was anything you could have done to avoid the crash. Even if you believe you were partially at fault, it is crucial not to admit this to the insurance company.

Michigan follows a modified comparative negligence rule, which means that your percentage of fault will reduce your compensation. If the insurance company can get you to admit fault, even unintentionally, it could significantly hurt your claim. While we would not recommend speaking with the other driver’s insurance adjuster, if you do, ensure you stick to the most basic facts of the accident, such as the time, date, location, and the names of the individuals involved. Avoid speculation or opinions about who was to blame.

Speak to an Attorney Before Accepting a Settlement

In some cases, the insurance company may offer you a settlement soon after the accident, before you have even finished treating your injuries. While it may be tempting to accept this initial offer and put the whole ordeal behind you, settling too early is rarely a good idea.

The full extent of your losses may not be apparent until you have reached maximum medical improvement, which could be months or even years after the accident. If you accept a settlement before you know how much your claim is actually worth, you may end up with far less money than you need to cover your expenses and compensate you for your injuries. Always speak to an experienced car accident attorney before accepting any settlement offer from an insurance company.

Contact Davis Law Center

Handling communications with insurance companies is one of the most challenging and frustrating aspects of filing a car accident injury claim. When you work with an experienced Michigan car accident attorney, they can deal with the insurance adjuster and guard against any unscrupulous attempts to undermine your claim.

The legal team at Davis Law Center has more than 30 years of experience negotiating fair settlements with insurance companies, and we have recovered millions of dollars on behalf of our clients. Furthermore, we are unafraid to take a case to court if the insurer refuses to offer you the compensation you deserve. Contact us today to schedule a complimentary consultation and discover how we can assist you.

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.

Detroit Personal Injury Lawyer – Why Are Some Vehicles More Susceptible To Rollovers?

Davis Law Center — Tue, 23 Sep 2014 19:11:54 GMT

Nearly 300,000 rollover accidents are reported yearly, resulting in more than 10,000 deaths in the United States, according to the National Highway Traffic Safety Administration. Understanding why rollovers may be more likely in some situations and how you can decrease the risk may help you keep your family and loved ones safe. If you have suffered personal injuries in such an accident, your Detroit personal injury lawyer can fight on your behalf.

Detroit Personal Injury Lawyer – Understanding Why Rollovers Occur

Rollovers are directly correlated with the stability of the vehicle you are riding in. Whether the center of gravity is off because the vehicle is too high, the load heavier than normal or if weather conditions decrease the safety of the roads, rollovers can happen in the blink of an eye. Most rollover accidents occur when a vehicle swerves into a curb, pothole or other type of shoulder obstacle.

Consumer Reports published a few tips to increase preventing and surviving a rollover. Here is what the magazine suggests:

Choosing a vehicle with the most up-to-date safety features is often your best choice because the safety features will be developed using the latest research and information. Additionally, as vehicles evolve, the quality of the features generally is improved.
Always wear safety belts and have children properly restrained in age-appropriate child safety seats. If a rollover does occur, it will prevent you or your passengers from being thrown from the vehicle.
It is always important to check your tires and make sure they are properly inflated. This not only helps with even wear on the tread, but control the vehicle has in dangerous conditions.
It is crucial not to overload any vehicle, changing its center of gravity and making it unstable. Check the manufacturer’s guidelines for load limits.
Finally, watch your speed. Approximately 40 percent of fatal rollovers occur when a vehicle is traveling at excessive speeds.

If you or your loved one has suffered serious personal injuries in any rollover accident, it is important to discuss your situation with a Detroit personal injury lawyer. Call today for your free, initial consultation.

Injured in an accident? Contact a Detroit Personal Injury Lawyer

Call Davis Law Center today at (248) 865-7740