Our car accident lawyers in Madison Heights understand that car accidents can traumatize and unnerve victims. The process to recover compensation for property damage and medical bills, however, does not have to be nerve-wracking. In Michigan, as a no-fault state, you must first file a claim with your own auto insurance company and not the other driver’s insurance carrier. That would seem easy enough. But is it?
Generally speaking, when damages are minimal and injuries are straightforward and insignificant, the process tends to go smoothly if you know what you are doing. But when injuries are more extensive and complex, or materialize days or weeks after the accident, your own insurance company may try to deny or reduce coverage. That is a problem. To prevent this frustration and ensure you get the compensation owed to you, a Madison Heights car accident attorney is your best option.
At Goodman Acker, our diverse team of highly skilled car accident attorneys treats each client as though they are family. We have been representing our community members in and outside of Madison Heights for decades, so in many ways, you are family.
But there is more that distinguishes our car accident lawyers in Madison Heights from the rest:
Our reputation is backed by awards and recognition, like our inclusion on the Super Lawyers list, an AV Martindale-Hubbell Rating, and a spot on the list of the Top 100 Trial Lawyers.
Unlike most states, which follow the theory of fault liability, Michigan has joined a handful of states that adhere to the theory of no-fault liability for automobile accidents. Claims are handled through personal injury protection (PIP). In simple terms, this means you file an insurance claim with your own auto insurer — even if you were not at fault for the accident.
In at-fault states, the responsibility for covering car accident damages falls on the driver who caused the collision and their respective insurance company. To recover damages, a demand letter is sent to the at-fault party’s auto insurer. The auto insurance company will do all it can to attribute fault to the injured party/victim. It is the company’s way of reducing or denying claims. The process can, to say the least, become a real hassle when an injured person is trying to recover and pay bills.
It would seem on the face of it that no-fault liability is better. Without the need to prove liability, the claims process often does not involve negotiation with the other parties. However, the policyholder may still have to prove their case. Coverage is not guaranteed. Also, insurance companies prioritize profit regardless of whether they are in Michigan or a fault-based state. As such, they will still try to deny or reduce benefits to injured parties in Madison Heights.
One way insurance companies deny or reduce benefits is the same here as in fault-based states: they try to attribute fault to the injured party. Michigan follows a modified comparative negligence policy. This policy holds that if you contributed to an accident and were 51% or more at fault, you will not recover anything. If you were at fault for anything at or under 50%, you can recover, but the value of compensation will be reduced accordingly.
For example, if your auto insurer accuses you of being 25% at fault for the collision, your coverage can be reduced by 25%.
To ensure you get that compensation, you need an aggressive car accident attorney in Madison Heights with a 99% success rate and 150+ years of experience from which to draw insight. Call us at (248) 286-8100 for your free consultation.
Under Michigan’s no-fault policy, lawsuits against the at-fault party are rare. If negotiated by a talented Madison Heights auto accident lawyer, auto insurance companies may compensate their own insureds for:
Your auto insurance company, however, will not pay you for excess economic damages (e.g., loss of earned income, future or ongoing medical treatment, etc.) or non-economic damages for pain and suffering. When you have a valid claim for these damages, you can sue the at-fault party.
But so many injured people fail to understand that they have a claim. The no-fault policy in Michigan adds to this confusion — victims think they can only recover for what their own insurance company will settle.
So, if you have been in a car collision and were injured, it is in your best interests to, at a minimum, speak with us. We offer a free, no-obligation consultation. Plus, you do not pay anything unless we win.
Michigan’s no-fault law applies to most Oakland County car crashes. However, it usually does not apply to catastrophic or fatal injury wrecks. Spine injury claims are a good example. The lifetime medical expenses in these cases could exceed $5 million.
The spine is not a single, flexible bone, Instead, it is a long chain of small bones that protect important nerves. If the spine is out of alignment, partial paralysis, usually loss of function, is almost inevitable. Victims who break their spines are often completely paralyzed.
These injuries are quite difficult to treat. Most victims must choose between aggressive and risky surgery or large quantities of addictive pain pills. Neither choice is particularly attractive.
Our Madison Heights car crash lawyers also deal with head injury cases. These injuries, most of which are collision related, kill tens of thousands of Americans every year. These injuries are also difficult to diagnose.
Soreness, disorientation, and other initial head injury symptoms mimic accident shock. Additionally, the brain conceals its own injuries. Therefore, many of these victims tell their doctors they “feel fine.” For the same reason, athletes with concussions usually ask their coaches to immediately put them back in the game. Head injuries are degenerative. When more advanced symptoms appear, like headaches and personality changes, these injuries are very hard to treat. Additionally, head injuries are permanent. Dead brain cells never regenerate.
Whiplash, another common car crash injury, is basically a combination of a spine and head injury. Unusual motion, like severe jostling in a car wreck, affects the nerves in the cervical spine. Doctors often dismiss the initial symptoms, like neck soreness. Making matters worse, even if the doctor performs diagnostic tests, the test usually does not detect this soft tissue injury.
Without prompt and proper treatment, whiplash could cause permanent paralysis. So, our team connects victims with doctors who know how to find and address these injuries.
At Goodman Acker, we are committed to you. We do not settle unless it is in your best interests. We take on these challenges and pursue whatever course is necessary. And we do it with determination and the strength of our shared 150+ years of experience.
Sudden and unexpected car crashes turn life upside down, physically, financially, emotionally, and otherwise. The more questions we can answer, the better our clients feel, and the sooner they can get back to their daily lives.
What Should I Do After a Car Accident in Michigan?
Because of the aforementioned injuries, especially head injuries, many victims are not thinking clearly after wrecks. So, they unintentionally do some things or do not do some things, which hurt their legal claims later:
If victims do not adhere to everything on this list, it is not the end of the world. A comeback win is still possible, However, as most people know, it is hard to win a game if you must play from behind.
On a related note, sometimes driver error does not cause a wreck. Instead, a defective product causes it. These claims, which the no-fault law does not cover, are quite complex.
How Long Do I Have to File a Car Accident Claim in Madison Heights?
In Michigan, you have one year to file a claim with your insurance company. In some cases, you may have three years for a personal injury lawsuit stemming from the car accident.
What Types of Accidents Fall under Michigan’s No-Fault law?
All accidents involving automobiles fall under Michigan’s No-Fault law. So, if you were involved in a truck accident or even a motorcycle accident in Madison Heights, you probably have an insurance claim to file and benefits to request.
How is a Car Accident Settlement Amount Determined in Michigan?
Several factors are taken into consideration when determining a settlement for a Madison Heights car accident personal injury claim. There is no single answer or set formula to determine the amount. Some factors include:
For a personalized answer, contact our Madison Heights car accident attorneys at Goodman Acker.
How Can a Madison Heights Car Accident Lawyer Help Me?
Our team of car accident attorneys in Madison Heights understands the laws and policies surrounding auto collisions in Michigan. We will take the following steps, at a minimum, to maximize your chances of receiving fair and adequate compensation:
With over 150 years of combined experience, you can rest assured that we will give 100% of our skills and resources to ensure that you get the maximum of what the law allows.
If you have been injured in a car accident, reach out to Goodman Acker today. Our team of experienced Madison Heights car accident attorneys provides clients with the representation and results they deserve. Our focus is always on you.