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How Much Time is There to File a Michigan Car Accident Lawsuit

Legally Reviewed and Edited by: Terry Cochran

After a car accident, there’s a lot to do. You need to work with the police, your insurance company, and maybe doctors and hospitals.

In the state of Michigan, you have three years from the date of the accident to file a lawsuit. However, there are other time limits to consider.

To ensure you don’t miss any deadlines, consider working with an experienced personal injury lawyer. They can guide you through the process of filing and appearing in court.

What to Do Immediately After an Accident

There are several essential steps you need to follow after a car accident. The first thing to remember after an accident is to stay calm. You must remain at the scene, and you should exchange insurance and contact information with other drivers.

When you’re exchanging information, make sure not to admit fault. In Michigan, the no-fault policy covers auto accidents, but admitting fault could create problems for you later.

Check on everyone involved, and if there are any injuries, call an ambulance.

If the accident is serious, you’ll also need to call the police. Don’t leave the scene until the police arrive and give you the all-clear.

Take pictures of where the accident occurred, any damage to your vehicle, and any injuries. If you have a dashcam, remember to remove it from the car if you have to call a tow truck.

If you or one of your passengers require medical assistance, keep detailed records of all diagnoses, doctor appointments, and any associated costs.

Car Accident Lawsuit

Important Deadlines

In the days following the accident, there are several important deadlines you shouldn’t miss.

You need to report the accident to your auto insurance company within 30 days. You should receive some no-fault insurance benefits, and the sooner you submit your report, the faster you’ll receive compensation.

You might also need to report the accident to the police if you haven’t already done so. An accident involving over $1,000 worth of damage or serious injury or death must be reported as soon as possible to the police. You don’t have to register a fender bender with the police, but you may do so.

If you want to pursue injury claims, it’s better to file sooner rather than later, so your case isn’t dismissed for missing the deadline.

Should I File a Car Accident Lawsuit?

Under Michigan law, all drivers must have no-fault insurance. You’ll still receive some compensation for medical expenses, even if you were partially or fully at fault.

However, if you believe the other driver was at fault, you might be able to sue them for compensation for your pain and suffering, medical bills and damage to your car.

If an uninsured driver hits you, and you don’t have uninsured motorist insurance, you might want to sue them in civil court. Unfortunately, you’ll only receive a settlement if the driver can afford it.

If it was a serious accident, you probably are overwhelmed with medical bills, dealing with your insurance company, and fixing your car. A law firm experienced in personal injury law can help you determine the merits of your accident case.

Comparative Negligence

Even if you partially caused the accident, you might still be able to file a claim. Under comparative negligence, you can argue that there were two at-fault drivers.

If the court determines you were partially at fault, you’ll only receive partial compensation. For example, if they decide that you were 10% responsible for the action, you’ll only receive 90% of the awarded settlement.

To receive compensation, you’ll not only need to prove that the other driver was at fault and negligent, but also that you have demonstrable damages. Damages can be financial or physical.

It’s essential to work with a car accident attorney if you were partially at fault. They can help you determine if it’s worth filing a lawsuit.

Call an Attorney Today

The clock is ticking. The lawyers at Cochran, Kroll & Associates, P.C. are experienced and diligent, and have handled thousands of Michigan auto accident cases.

If your injuries resulted in a long-term disability, you might also be eligible for disability benefits. Our lawyers are also well-versed in disability law and can help you to file your claim. Eileen Kroll, one of the senior partners, was a talented registered nurse before becoming a lawyer. She can provide unique legal and medical guidance.

If you’re considering filing a car accident lawsuit, you’ll get the best results by working with a car accident lawyer at our law firm. Call our law offices at 866-MICH-LAW today and arrange a free consultation. You won’t pay any fees until Cochran, Kroll & Associates, P.C. win your case.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

Martha is a writer and musician who is passionate about politics and the law. She studied politics in her Bachelor's Degree and continues to be involved in legal matters, especially immigration. She now lives in Germany and is writing her first book and learning German.



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