Can I Sue for a Car Accident in Michigan?

According to Michigan automotive law, you can sue when you are involved in a car accident. You have three options; a mini-tort for physical damage to your personal vehicle only, no-fault benefits, and pain and suffering. To claim pain and suffering damages, you must meet the serious injury threshold set by Michigan law. This threshold includes temporary or permanent impairment of a body function or permanent disfigurement. To claim pain and suffering damages, you must meet the serious injury threshold set by Michigan law. This threshold includes temporary or permanent impairment of a body function or permanent disfigurement. If an uninsured motorist hits you, you can still file a no-fault claim to obtain Personal Injury Protection (PIP) benefits. You can also file with the Michigan Assigned Claims Plan .

What Determines the Amount of Accident Settlements in Michigan?

Michigan’s average settlement for minor car accidents varies from case to case. Multiple factors determine the amount you receive for a minor auto accident, including whether you were injured and the severity of the damage to your car. The car accident lawyers at Cochran, Kroll & Associates, P.C. can give you an estimate based on the specific details of your case and previous settlements obtained for car accident claims under similar circumstances.

Why Do I Need a Michigan Accident Lawyer?

A car accident settlement varies depending on the circumstances. The severity of the car crash, the extent of the damage, the type of injury sustained, the types of vehicles, and who is at fault all factor into your settlement amount. These factors can be confusing, but experienced personal injury attorneys know how to calculate claims.

What Should I Do After a Car Accident That’s Not My Fault?

Even if a car accident is not your fault, you must report it to the police and your insurance company. You should check yourself for injuries and if you’re in pain, seek medical attention, inspect your car for damage and take photos if you are able. Contacting a personal injury attorney with Cochran, Kroll & Associates, P.C. can help you get legal guidance on making a compensation claim. Senior partner Eileen Kroll’s background as a registered nurse allows her to share insight with our legal team about your injuries and how they might affect your life.

How Much Does it Cost to Hire a Car Accident Attorney if You Were Hurt in a Car Accident?

Mounting medical expenses might make you worry about the upfront cost of hiring an auto accident attorney. Our lawyers work on contingency at Cochran, Kroll & Associates, P.C. This fee structure allows you to pay a percentage of the financial compensation we help you win. We also offer a complimentary case evaluation. During this meeting, we will examine your evidence, ask questions, and give you feedback on your case.

How Much Time Do I Have to File a Michigan Car Accident Lawsuit?

If you have sustained injuries or incurred severe damage to your car in a Michigan car accident, you have three years from the car crash date to file a lawsuit against the at-fault driver. This time frame is known as the statute of limitations and applies to wrongful death and personal injury claims. However, under certain circumstances, the statute of limitations in Michigan may be longer or shorter than three years. In the case of an uninsured motorist, underinsured motorist claims, or if the car crash victim was a minor or mentally disabled, discuss the filing time frame of your case with a knowledgeable Michigan car accident attorney at our law firm.

Car Accident Lawyer Michigan

Car Accident Lawyer

The days and weeks after a motor vehicle accident are stressful. You may face a long recovery time for your injuries, incur medical bills, and lost wages from missed work. In addition, you likely have to go back and forth with your insurance adjuster, file a police report, and handle complicated paperwork related to your accident.

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If you are injured in an accident with a negligent driver, a car accident lawyer in Michigan can walk you through your options for compensation. Financial support can include benefits from the state’s no-fault laws or a settlement from a personal injury claim against the responsible party.

If you have been involved in a car accident, get legal representation from Cochran, Kroll & Associates, P.C. Working with our experienced Michigan car accident attorneys can help ensure your claims process is as stress-free as possible and win you fair compensation for the accident.

Common Types of Car Accidents

Car accidents can happen unexpectedly and have a range of causes. The following types of crashes are common in Michigan, resulting in serious injuries or fatalities to those involved:

Rear-end collisions. These occur when one vehicle hits the back of another, often due to sudden stops or following too closely.
Side-impact crashes. Also known as T-bone accidents, these happen when the side of one vehicle is hit by the front or rear of another, frequently at intersections.
Head-on collisions. These involve the fronts of two vehicles colliding, usually due to wrong-way driving or loss of control.
Single-vehicle accidents. These incidents involve only one car, such as hitting an object or running off the road.
Multi-vehicle pile-ups. These occur on busy roads or highways and involve several cars, often due to chain reactions in traffic.

Michigan Car Accident Statistics

The most recent car accident statistics from the Michigan State Police paint an alarming picture. In 2022, the state saw the following numbers regarding vehicle collisions:

A total of 293,341 crashes, a 4% increase over 2021
1,123 car accident deaths
70,281 people were injured in a car crash

June was the deadliest month for car accidents, with 114 fatal crashes. Most traffic accidents occurred between 3 p.m. and 6 p.m., but the most deadly happened between 6 p.m. and 12 a.m. Aside from single-vehicle crashes, the most common types were rear-end, sideswipe, and angle.

Speeding played a part in thousands of crashes, with 26,996 crashes due to this behavior. Failure to yield, improper passing, and careless driving were also common hazardous actions by negligent drivers.

Common Michigan Car Accident Injuries

Car accident victims in Michigan often suffer catastrophic damage to their physical well-being and emotional health. Here are some of the most common injuries due to vehicle collisions:

Spinal cord injuries. Damage to the spinal cord can result in partial or complete paralysis.
Traumatic brain injuries. These can range from concussions to severe brain damage, affecting cognitive and motor functions.
Broken bones. Fractures in the arms, legs, ribs, and pelvis are common in high-impact crashes.
Whiplash. Neck injuries caused by the sudden jerking motion of the head can lead to chronic pain and limited mobility.
Internal injuries. Damage to internal organs, such as the liver, spleen, and kidneys, can be life-threatening.
Burns. Victims may suffer from burns due to fires or explosions resulting from the collision.
Lacerations. Deep cuts and gashes from shattered glass or metal can cause significant blood loss and require extensive medical treatment.
Emotional trauma. Many victims experience anxiety, depression, and post-traumatic stress disorder (PTSD).

What are Personal Injury Protection (PIP) Benefits?

Under Michigan’s no-fault law, all drivers must carry personal injury protection (PIP) insurance of at least $250,000 (though certain individuals may qualify for a $50,000 limit). This insurance covers medical expenses, wage loss benefits, replacement services, and coverage for damage you cause to other people’s property.

Here’s a breakdown of limits and benefits your car accident lawyer in Michigan can help you receive:

Coverage Type	Minimum Limit	Benefits
Medical Expenses	$250,000	Covers hospital bills, surgeries, rehabilitation, and ongoing medical care.
Lost Wage Benefits	85% of lost wages for up to three years	Provides compensation for lost wages due to injury.
Replacement Services	$20 per day	Pays $20 per day for household services that the injured person can no longer perform.
Property Damage Liability	$1,000,000	Covers damage caused to other people’s property.
Medical Expenses (Qualified Individuals)	$50,000	Lower limit available for Medicaid recipients under certain conditions.

When Should I Contact My Insurance Company?

Contact your insurance company immediately after a car crash. Prompt notification allows them to start investigating the claim and ensures your PIP benefits begin processing. In Michigan, insurers are required to pay PIP benefits within 30 days of receiving reasonable proof of loss.

Timely communication is crucial, as the statute of limitations for PIP claims in Michigan is only one year. This means you have just one year from the accident date to file your claim. Delaying contact with your insurer could jeopardize your ability to receive the benefits you need for medical expenses, wage loss, and replacement services.

Filing a Tort Claim for a Car Accident Settlement

In Michigan, while the no-fault insurance system covers many expenses, you may file a personal injury claim or lawsuit for additional compensation in certain circumstances. If you have suffered severe injuries, such as permanent disfigurement, serious impairment of body function, or death, you can pursue a tort claim.

This type of claim allows you to seek compensation for non-economic damages like pain and suffering, which are not covered by PIP benefits. Additionally, you can claim the difference if the total economic damages exceed your PIP coverage.

Successful tort claims can result in compensation for medical expenses, lost wages, property damage, and non-economic damages for pain, suffering, and emotional distress. A Michigan car accident attorney from Cochran, Kroll, & Associate, P.C., can help you navigate the process and maximize your potential settlement.

Economic Consequences of a Car Accident in Michigan

No matter how serious, an auto accident almost always has economic consequences. When an injury is involved, and your car is totaled, the financial implications of a car crash can quickly add up. Vehicle insurance coverage helps cover these costs, but processing an insurance claim takes time.

For instance, you’ll need a vehicle for your daily commute if you don’t live close to your workplace. If your car gets damaged in a crash, you might have to pay out of pocket for a rental car or rideshare service. These costs can quickly increase if an insurer is slow to meet its obligations.

You may incur additional expenses if you miss work due to your injuries or can’t work the same hours as before the accident. Excessive medical bills and the cost of particular treatments or physical therapy can increase your need for a timely payout from your PIP insurance provider.

Our car accident lawyers in Michigan at Cochran, Kroll & Associates, P.C., can minimize insurance company delays so you receive compensation quickly. The personal injury attorneys at our firm work on a contingency fee basis, so you don’t have to pay us a fee unless we win a settlement or judgment for your claim.

Should I Talk to the Insurance Adjuster After an Accident?

When you are involved in a car crash, an insurance adjuster will contact you for information about the accident. Be careful about what you share with an adjuster; they may use your words to minimize your settlement. Use these tips for interacting with insurers:

Provide basic information. Give your name, address, telephone number, occupation, and company name. Do not share details about your work or income.
Gather their information. Get the adjuster’s name, contact information, company name, and client name.
Set boundaries. Clearly state that you will not discuss much over the phone and refuse to give a recorded statement.
Share minimal accident details. Provide only the date and location of the accident, the type of accident, and contact information for witnesses. Do not elaborate.
Limit injury information. Inform them you are still receiving treatment, but do not provide specific details about your injuries.
Direct them to your attorney. Hire a car accident attorney with experience negotiating with insurers and direct the adjuster to them for any further communications.

Do I Need A Lawyer to Settle My Auto Accident Claim?

While you may be able to file for PIP on your own in a minor injury case, having an attorney from our firm is advisable. This is especially true if you’re pursuing compensation for serious injuries or your motor vehicle accident case is complex and involves liability disputes.

Legal representation from the best accident lawyers in Michigan ensures you receive the full compensation you deserve. Here’s why our firm can help:

Understanding your rights. Our attorneys will explain your legal rights and options, ensuring you understand every aspect of your case and the compensation you may be entitled to claim.
Maximizing compensation. We analyze medical records, accident reports, and other evidence to accurately assess the value of your claim, ensuring you receive the highest possible compensation for your injuries, lost wages, and pain and suffering.
Our team includes registered nurse and senior partner attorney Eileen Kroll. With years of healthcare experience, Eileen can provide insight into the extent of your injuries so you can pursue accurate current and future damages.
Negotiating with insurers. Our lawyers negotiate assertively with insurance companies, using our knowledge to counter lowball settlement offers and secure a fair payout.
Handling legal procedures. We complete and submit all necessary paperwork, meet strict deadlines, and ensure all legal protocols are followed, preventing delays and errors that could jeopardize your claim.
Providing representation. If your case goes to court, our attorneys will advocate for you, presenting meticulous evidence and arguments to achieve a favorable verdict.

How much are Michigan Car Accident Settlements?

Under Michigan law, you must file a claim for property damage or personal injury against a third party within three years of the accident date. You can pursue two types of compensation under Michigan law: economic and non-economic damages.

Your settlement amount for these damages is based on the severity of your injuries, the other party’s insurance limits, and the evidence in your case. The following offers a look at what damages we can seek on your behalf in a car accident settlement:

Economic Damages

Economic damages are tangible. They can be added or subtracted and given a specific monetary value. These types of damages include:

Type of Economic Damage	Description
Lost Wages	Compensation for income lost due to the inability to work during recovery, including future earnings if you cannot return to your previous job.
Medical Bills	Covers costs for hospital stays, surgeries, medications, and other treatments.
Cost of Future Medical Care	Estimates of ongoing and future medical expenses for long-term or permanent injuries.
Property Damage	Covers repair or replacement of your vehicle and other property, with a typical limit of $3,000 for vehicle damage.

Non-Economic Damages

Non-economic damages are intangible and harder to calculate and prove. Your Michigan auto accident lawyers can help you seek compensation for the following in your personal injury claim:

Type of Non-Economic Damage	Description
Pain and Suffering Damages	Compensation for physical pain and discomfort resulting from the accident and its aftermath.
Mental or Emotional Distress	Covers psychological impacts such as anxiety, depression, and post-traumatic stress disorder (PTSD).
Loss of Companionship	Compensation for the loss of relationship benefits, such as affection and support, due to injury or death.
Loss of Enjoyment of Life	Damages for the inability to engage in hobbies, recreational activities, and other life pleasures.
Loss of Reputation	Compensation for damage to your reputation or standing in the community due to the accident.

How Much Does it Cost to Hire a Car Accident Lawyer?

Our car crash attorneys at Cochran, Kroll, & Associates, P.C. work on a contingency fee basis, which means you only pay us if we win your case. Michigan law prevents personal injury attorneys from charging more than one-third of the settlement or jury award.

Contact our law firm for a free, no-risk consultation so you can share the circumstances of your claim and learn your legal options and next steps.

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Get Michigan’s Best Auto Accident Attorneys

The personal injury law firm of Cochran, Kroll & Associates, P.C. has a winning track record for helping car accident victims. During the initial free consultation, we can discuss your injuries and how they impact your life. Our car accident lawyers in Michigan can also determine whether you meet the serious injury threshold to claim for pain and suffering.

If you believe you are a victim of a negligent driver, let the attorneys skilled in car accident law at Cochran, Kroll & Associates, P.C. take on your case and fight for your rights. Contact us today to speak with one of our legal professionals and take the following steps with your claim.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

FAQs

How Long Does it Take to Get a Settlement?

The timeline for receiving a settlement varies. It can take a few months to over a year, depending on the case’s complexity, the severity of injuries, and the willingness of insurance companies to negotiate. An experienced attorney can help expedite the process by promptly and accurately completing all paperwork.

Can You Sue for Pain and Suffering in Michigan?

You can sue for pain and suffering in Michigan if you meet specific criteria. You must have suffered a serious impairment of body function, permanent serious disfigurement, or death. PIP benefits do not cover these non-economic damages and require filing a personal injury lawsuit against the at-fault driver.

Can an Injured Passenger Sue the Negligent Driver?

An injured passenger can sue the negligent driver responsible for the accident, including the driver of the vehicle they were in or another vehicle involved. The passenger can seek compensation for medical expenses, lost wages, pain and suffering, and other related damages.

How Much Can I Get for Pain and Suffering Damages?

The amount you can receive for pain and suffering damages varies based on the severity of your injuries, the impact on your daily life, and the circumstances of the accident. Michigan does not cap these damages. Typically, an experienced attorney will calculate the amount by multiplying your economic damages by 1.5 to 5, depending on the extent of your injuries and the long-term impact on your quality of life.

Who Pays the Property Damage to My Vehicle?

In Michigan, your insurance typically covers property damage to your vehicle under your policy’s collision coverage, regardless of fault. If you don’t have collision coverage, you may be able to recover costs from the at-fault driver’s insurance up to their liability limits.

Do I Need to File a Police Accident Report?

You must file a police accident report if the crash results in injury, death, or property damage exceeding $1,000. Filing this report is essential for insurance claims and legal purposes. It provides an official record of the incident and helps establish liability.

How Do I Get a Copy of My Police Accident Report?

To obtain a copy of your police accident report, visit the local police department or the Michigan State Police website. You may need to provide details such as the date of the accident, the names of the parties involved, and the report number. There is currently a $15 fee for obtaining the report.

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Getting The Help You Need For a Michigan Car Accident

An auto accident lawyer at Michigan’s top-rated law firm, Cochran, Kroll & Associates, P.C., will share with you information and advice that you won’t get from your insurance agent.

Victims of car accidents in Michigan can receive the maximum damages possible by relying on the expertise and trial experience of the car accident lawyers at the law firm of Cochran, Kroll & Associates.

If you believe you are a victim, let the attorneys experienced in car accident law at Cochran, Kroll & Associates, P.C. take on your case and fight for your rights. We offer a free consultation, and there is no obligation for car accident case evaluation. There is also no fee charged unless a recovery is made. Make an appointment today by filling out the interest form on our website.

Michigan Car Accident No-Fault Law Changes

Terry Cochran explains where we are today with Michigan’s No-Fault Insurance and the benefits of the current structure: “Since 1973, Michigan has had one of the most progressive no-fault laws. We have guarantees for accident victims that medical bills and full care will be covered for life.”

“Proposed changes will limit access to medical care providers and limit the amount of money available for car accident victims. The lowest coverage is $500,000. In the case of a catastrophic injury, that amount will be spent within the first six weeks.”

The elderly are particularly vulnerable. Seniors do not want to be a burden to their families, and it’s pretty clear that Medicare just won’t have funds to cover these expenses.

The insurance companies say the changes will allow for lower insurance premiums, but they make no commitments. Proponents of the proposed changes have a legitimate claim that medical and care expenses need more controls. Cochran, Kroll & Associates supports increased oversight of medical services and believes we need a more thorough review of services and goods by the medical community.

The Law Offices of Cochran, Kroll & Associates, P.C. is dedicated to representing individuals and families who have suffered catastrophic losses due to injuries, disabilities, and death. The firm does not represent insurance companies or corporations but instead bases its practice upon representing individuals and families.

RESULTS-DRIVEN TRACK RECORD

$15.8 Million

Medical Malpractice / Birth Injury

Monroe, Michigan

WHAT HAPPENED:

A young couple from Monroe, Michigan, was awarded a $15.8 million verdict as the result of their baby son, Jason, being inflicted with Cerebral Palsy as the result of an error during the final stages of a labor.

Result: $15.8 Million
$1 Million

Medical Malpractice/Wrongful Death

Oakland County, Michigan

What Happened:

While in the hospital a mother of three was not properly treated for a closed-head injury causing her untimely death.

Result: $1 Million
$1.4 Million

Accidents & Injuries/Brain Injury

Livonia, Michigan

What Happened:

A Livonia pedestrian recovered $1.4 million when he was struck by a commercial van resulting in a traumatic brain injury in Redford, Michigan.

Result: $1.4 Million
$9 Million

Medical Malpractice / Misdiagnosis

Wayne County, Michigan

WHAT HAPPENED:

Patient suffered cardiac arrest and brain damage when a hospital failed to recognize internal bleeding and treatment was delayed for more than 14 hours.

Result: $9 Million
$3.3 Million

Accidents & Injuries/Auto Accident

Tuscola County, Michigan

WHAT HAPPENED:

A Tuscola County jury awarded $3.3 million to a severely brain injured motorist as the result of a defective Michigan highway.

Result: $3.3 Million
$1.25 Million

Accidents & Injuries/Construction Site Injury

Flint, Michigan

WHAT HAPPENED:

A seventeen-year-old construction worker suffered a traumatic brain injury resulting from a fall in Flint, Michigan, and was awarded $1.25 million.

Result: $1.25 Million
$1.9 Million

Medical Malpractice

Wayne County, Michigan

What Happened:

Middle-aged woman suffered severe disfiguring facial burns from a simple surgical procedure.

Result: $1.9 Million
$3.8 Million

Medical Malpractice / Birth Trauma

Southern Michigan

What Happened:

Child developed cerebral palsy with developmental delays due to lack of oxygen and brain injury during labor and delivery.

Result: $3.8 Million
$1.5 Million

Accidents & Injuries/Construction Site/Workplace Injury

Westland, Michigan

What Happened:

A Westland construction worker recovered $1.5 million after sustaining a traumatic brain injury while on a construction site in Detroit, Michigan.

Result: $1.5 Million
$1.3 Million

Accidents & Injuries/Truck Accident

Marlette, Michigan

What Happened:

A Marlette, Michigan, family reached a $1.3 million settlement in the traffic death of their 5-year-old son when they were struck by a semi truck.

Result: $1.3 Million
$225,000

Medical Malpractice/Cancer Misdiagnosis

Redford, Michigan

What Happened:

The misdiagnosis of breast cancer resulted in a Redford, Michigan, woman recovering $225,000.

Result: $225,000
$125,000

Workers Compensation

Detroit, Michigan

What Happened:

A construction worker redeemed his worker’s compensation case for $125,000 in Detroit, Michigan.

Result: $125,000
$400,000

Accidents & Injuries/Auto Accident

Monroe, Michigan

What Happened:

A paraplegic woman from Monroe, Michigan, recovered Michigan no-fault benefits including the purchase of a new home and attendant care in excess of $400,000.

Result: $125,000
$2.2 Million

Medical Malpractice/Birth Injury

Brighton, Michigan; Detroit, Michigan

What Happened:

A Brighton family recovered $1.3 million and a Detroit family recovered $900,000 as the result of birth injuries and medical malpractice to their children.

Result: $2.2
$80,000

Accidents & Injuries/Auto Accident

Bay City, Michigan

What Happened:

A Bay City grandmother was awarded $80,000 following an auto accident resulting in a broken leg.

Result: $80,000

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