If you have been hurt by another party, then you probably want to secure compensation. While you might be able to file an insurance claim, that might not give you the amount of money that you are looking for. In these cases, a personal injury lawsuit might be the most appealing option for you. If you are planning on filing in Michigan, then there are some general guidelines that you will need to follow, such as:
The Statute of Limitations
Your first and biggest concern is going to be the time at which you are filing your lawsuit. In Michigan, you normally have to file your lawsuit within 3 years of the date of the injury, and if you fail to do so, you could lose the opportunity to file at all.
However, there are some specific situations where this period can be extended.
Discovery - For instance, if you were to be injured and then not discover the actual extent of the injury for a few decades, then you could potentially still be able to file. As long as you file shortly after the discovery, your lawsuit will still be on track.
Minors - The other major exception is when a minor wants to file a lawsuit. If a young teenager wanted to file a personal injury lawsuit, they would be unable to do so. However, they still might not be old enough to file after 3 years. Therefore, the clock for a lawsuit by an individual that was a minor at the time of the incident often starts counting from the date that they legally become an adult.
The No-Fault Rule
When it comes to auto accidents, some states allow individuals to sue or pursue an insurance claim, while other states essentially force most potential plaintiffs to file an insurance claim instead of a lawsuit. Michigan falls into the latter category, only allowing auto accident lawsuits in a select few circumstances.
The main reason why you would be able to file such a lawsuit in Michigan is that you suffered a catastrophic injury as a result of the car accident. This commonly refers to any sort of serious disfigurement, loss of limb function, or a general impairment of body function, but it can also cover accidents that resulted in a death. You will also need to prove the extent of your injury and that it severely impacts your life.
For a personal injury attorney, contact a company such as Stillman & Stillman P.C.
After being involved in a serious auto accident with a drunk driver, I struggled heavily with getting the driver's insurance company to open a claim. When the insurance company started pushing back, I knew I needed to do something. I spent a lot of time digging through the laws surrounding auto accident claims so that I knew what my legal rights were. I even talked with an auto accident attorney. I created this site to teach others about what I learned, including my court experience. I hope it helps you to determine how you should proceed with your auto accident case.