Michigan Car Accident Lawsuit: When Can I Sue the At-Fault Driver?

After a Michigan car accident, you may be able to sue the at-fault driver for pain and suffering. Davis Law Center explains Michigan’s no-fault laws, the “serious impairment” threshold, and how long you have to file a lawsuit. Get answers to your key questions here.

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

A: In Michigan, a no-fault state, your own insurance company, through Personal Injury Protection (PIP) benefits, typically covers your medical expenses and lost wages, regardless of fault. However, you can sue the at-fault driver for certain damages, specifically “pain and suffering,” if your injuries meet a specific legal threshold. Our attorneys 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 this 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 your injuries meet this legal standard.

Q: What kind of damages can I sue for after a car accident in 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 Michigan car accident settlement process 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 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:

1. 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.
2. 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.
3. 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.
4. 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. Our team works 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 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. Our legal team has 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 Detroit, Oakland County, or Wayne County?

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.

We recognize that every case involves a person whose life has been upended by an accident. We take a personalized approach to each case, focusing on your unique needs and working tirelessly to help you recover what you’ve lost. With our extensive experience and consistent track record of success, you can trust that your case is in capable hands. 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.

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.