What Happens If Someone Makes a Personal Injury Claim Against Me?

Legally Reviewed and Edited by: Terry Cochran

If you have been served with a personal injury claim against you, it can feel overwhelming. Your mind starts racing with questions and worst-case scenarios. What should you do? How can you protect yourself from the costly financial ramifications?

The harsh truth is that many people face this situation every year. Most of the time, these cases resolve without going to personal injury court, and many defendants come out fine with the right approach.

Our legal team is here to assist. Over the years, we’ve helped clients navigate personal injury litigation. Today, we’ll walk you through what happens when someone files a personal injury claim against you so that you can know what to expect in the coming months.

How Can You Respond to a Personal Injury Lawsuit?

Don’t panic. Rest assured knowing that you have options. Panicking is one of the worst things that you can do because it often leads to poor decisions.

If you received a formal personal injury lawsuit, then you typically have 20-30 days to respond. So, you have time to consult with a lawyer and make the best decision to protect your future. But if you miss this deadline, then you could face bigger problems because of a default judgment.

Your response options include:

• Deny the allegations if you’re not at fault
• Admit certain facts while disputing liability
• File a counterclaim if the plaintiff shares responsibility
• Seek to dismiss the personal injury case on legal grounds

The most important thing that you can do is contact a lawyer and your insurance company immediately. Most people have insurance policies that include liability coverage for these situations. But you need legal advice to protect your interests.

Don’t contact the plaintiff directly because you could accidentally make the situation worse. Communication should always go through your lawyer to avoid accidentally admitting fault.

Do You Both Share Fault for the Accident?

The state of Michigan has comparative negligence rules, which means that both parties can share blame for an accident.

For example, someone claims you caused a slip-and-fall at your business. But the security footage shows that the victim was texting while walking and ignored warning signs that were posted in the area. Even though you might bear some responsibility, they also contributed to their injury.

In this type of situation, the court will assign fault percentages. If you’re 30% at fault and they’re 70% responsible, their damages are reduced accordingly. For example, a $100,000 judgment becomes $30,000.

The key is that you need full documentation to defend yourself against a personal injury lawsuit. We’ll help you gather necessary evidence, such as witness statements, photos, and expert testimony for your personal injury case.

How Does a Personal Injury Lawsuit Play Out?

Most personal injury cases follow a predictable timeline. Understanding each phase helps you prepare both mentally and financially. Here’s what you can expect:

• Investigation and Discovery (3-12 months): Both sides gather evidence through depositions, document requests, and expert evaluations. You’ll likely give sworn testimony during this time.
• Mediation and Settlement: About 95% of personal injury cases settle before trial. A neutral mediator can help with the negotiations. Insurance companies are usually open to settlement because they are looking for solutions to avoid trial costs.
• Trial Preparation: If settlement fails, attorneys prepare for personal injury court with expert witnesses and exhibits.
• Trial and Verdict: Trials can last days or weeks. The jury will make the final decision that determines liability and damages.

Most of the time, personal injury litigation takes 12-18 months from filing to resolution. Complex cases can take much longer – several years sometimes. One of the best ways to speed up this process is by hiring an attorney who specializes in the type of case that you are dealing with.

What Legal Action Can Be Taken If Someone Files Personal Injury Claims Against You?

Plaintiffs can seek various damages in their personal injury claim. Understanding what they want will help you find the best win-win solution for the settlement offer.

• Economic damages cover measurable losses like medical bills, lost wages, and property damage. These are easier to calculate and prove.
• Non-economic damages compensate for pain, suffering, and emotional distress. These are subjective and vary between personal injury litigation cases.
• Punitive damages are designed to punish blatantly reckless behavior. Michigan caps these at three times economic damages or $500,000. These types of damage are rare, but they increase exposure significantly.

Keep in mind that the statute of limitations gives plaintiffs a specific window to file their claim. In Michigan, it’s typically three years from the injury date.

How Can a Personal Injury Attorney Help You?

Having experienced legal counsel is one of the best decisions that you will make to get the best outcome. Over the years, our team has seen unrepresented defendants make costly mistakes, which could have been easily prevented if they had the right legal guidance.

Our legal team protects your interests by:

• Reviewing insurance coverage for full benefits
• Investigating incidents to uncover supporting evidence
• Negotiating with plaintiffs to minimize exposure
• Handling legal procedures so you can focus on life
• Preparing for trial if settlement fails

Remember that insurance company attorneys work for the insurer, which means that they don’t have your best interests in mind. You need to have your own attorney who will be your advocate every step of the way.

The earlier we get started, the easier it is to get a favorable outcome. We are here to guide you through initial responses and develop defense strategies from the beginning. We understand the Personal Injuries Proceedings Act to protect your rights.

Take Action Now

Facing a personal injury claim is stressful, but you aren’t in this fight alone. The decisions you make now will impact your financial future, which is why you need a legal advocate that you can trust.

Our law firm has successfully defended hundreds of clients against personal injury claims. We understand Michigan law and know how to handle insurance practices and litigation strategies to protect your assets.

Contact Cochran, Kroll & Associates today for a free consultation. We’ll review your situation, explain options, and develop a defense strategy for your case.

Call us at 1-866-MICH-LAW right now. Our phones are answered 24/7, and we work on a contingency basis. You pay nothing unless we save you money.

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.