Most drivers have occasional fender benders during their driving years, but being seriously injured in a car accident is an entirely different matter. If you have endured the physical, emotional, and financial trauma of a car accident injury due to another party’s negligent or reckless driving, you are entitled to monetary compensation. If your accident occurred on the roads of St. Clair Shores or Southwestern Metro Detroit, The Nunley Law Group, PLLC is the place to call for your personal injury claim.
Car Accident Attorney St. Clair Shores, MI
Claims for non-economic (intangible) losses, like pain or loss of enjoyment of life, in Michigan may only be filed if you have suffered “serious impairment of body function” or “permanent serious disfigurement.” You can count on our attorneys to forcefully make your claim during negotiations, or if necessary in the courtroom.
Since Michigan is a “no-fault” state, no matter who was to blame for the accident, your car insurance will cover your medical and rehabilitation expenses for life (up to the maximum coverage amount selected in the affected policy), your replacement services, and a portion of your income for a 3-year period.
Because a severe injury may require long-term care well beyond this coverage, the state also allows you to file a lawsuit against an at-fault party so you can recover damages for all of your economic losses.
Damages Our Car Accident Attorney Will Fight to Win
If another party is responsible for your injury and its life-altering consequences, our personal injury attorneys will hold them accountable and fight vigorously to bring you the funds to cover all:
- Medical and rehabilitation costs
- Lost income, present, and future
- Property damage or loss
- Pain and suffering
- Psychological counseling
- Permanent disability
- Long-term nursing care
- Permanent scarring or other disfigurements
- Loss of enjoyment of life
If the defendant’s recklessness was particularly egregious, our lawyers may also be able to persuade the court to award you exemplary damages.
Modified Comparative Negligence in Michigan
Most states have laws that recognize more than one party can be responsible for a car accident.
Michigan adheres to the principle of modified comparative fault which means that you can collect damages even if you are partially responsible as long as you are no more than 50 percent at fault.
In any case, the percentage of fault assigned to you by the court will be deducted from the compensation awarded. If, for example, you are found to be 20 percent at fault and the court awards you $100,000, you will only receive that amount minus 20 percent or $80,000.
Services Nunley Law Group Will Provide
We have in-depth knowledge of the law and well-developed skills to create a strategy strong enough to win your case. We also have the grit and determination to protect your rights. We will work hard to bring you the maximum compensation you need and deserve by:
- Handling all communications with opposing attorneys and insurance adjusters
- Thoroughly investigating police records, medical reports, and forensic evidence (e.g. text messages on the defendant’s cell phone, blood alcohol test results)
- Identifying and interviewing witnesses
- Investigating any history of similar misconduct by the defendant
- Consulting with relevant experts (e.g. in accident reconstruction, mechanics, medicine) whose testimony on your behalf will be extremely valuable
Our car accident attorneys are dedicated to seeing that justice is done and have a strong record of successful outcomes. Contact us now for a free consultation to discuss your best options.
Causes of Car Accidents in Which the Other Party May Be Liable
In spite of the increasing number of safety features on cars, including seatbelts, airbags, and sensors to warn of an impending collision, catastrophic car accidents occur at an alarming rate. Reasons for this include:
- High-speed and heavier vehicles on the road
- Distracted drivers
- Fatigued, sleepy, or exhausted drivers
- Drivers under the influence of alcohol and/or drugs
- Drivers speeding, or even racing, on public roads
- Drivers carelessly ignoring or deliberately disobeying traffic signals
- Reckless drivers turning illegally, weaving, tailgating
Car Accidents Caused by Third Parties
Some car accidents occur because of uncontrollable random occurrences like sudden storms, another person’s medical event, or animals running into the roadway. But other crashes can be traced to third parties, such as:
- County, city, or state road maintenance services that fail to fill in hazardous potholes
- Car manufacturers that allow cars with dangerous defects to be sold
- Engineering firms that construct bridges doomed to collapse
- Construction companies that do not prevent debris from falling off their trucks
Although third-party car accidents like these are relatively rare, our attorneys always investigate underlying causation in any accident with serious injuries and are ready to hold responsible individuals or entities accountable for the havoc they have caused.
Who pays for car damage in a No-Fault state Michigan?
In Michigan’s no-fault car insurance system, your own insurance company will pay for damage to your car, regardless of who was at fault in the accident. The no-fault law requires your insurer to cover the costs of repairing or replacing your vehicle less any deductible specified in your policy.
The at-fault driver’s liability coverage may kick in if damage exceeds the value of your car. But in general, expect your own collision coverage to handle car damage in a Michigan accident, even if the other driver caused it.
Who pays the deductible in a car accident in Michigan?
In Michigan no-fault accidents, the not-at-fault driver’s collision coverage will pay for car repairs beyond the deductible, which must be paid out-of-pocket by the not-at-fault driver.
The at-fault driver is technically liable for the innocent driver’s deductible. However, in practice the at-fault driver’s insurance rarely pays it voluntarily.
To recover the deductible from the at-fault driver, the not-at-fault driver usually has to file a mini-tort lawsuit in small claims court. An attorney can help file to recover the deductible amount from the responsible driver.
How long does an insurance company have to settle a car accident claim in Michigan?
In Michigan, there is no specific statutory time limit for insurance companies to settle claims. However, failing to pay claims in a timely manner can constitute bad faith. If an unreasonable delay occurs, file a complaint with the state Department of Insurance and Financial Services.
For car accident claims, most standard policies require filing suit against the insurer within 1 year of the accident if a settlement cannot be reached. For other types of claims, review the policy terms.
If negotiations reach an impasse, consider hiring an attorney to file a lawsuit to compel payment. Statutes of limitations will time bar claims if too much time lapses.
Whatever Type of Car Accident Injury You Sustained, Our Attorneys Will Fight for You
Your injuries in a car accident may depend on where you were seated in the vehicle, what position you were in at the moment of impact, and what type of accident occurred — e.g. head-on collision, rollover, or T-bone. Some victims suffer one of the following while just sitting in a parked car:
- Bone fractures
- Loss of sight or hearing
- Traumatic brain injuries
- Spinal cord injuries
- Internal bleeding
- Organ damage or loss
- Neuromuscular damage
- Post-traumatic stress disorder (PTSD)
Whether you have suffered one of these injuries or another, our car accident attorneys are here to help you through this terrible and challenging period.
Wrongful Death Lawsuits
If you have lost a loved one to wrongful death, we know no amount of compensation is reasonable or fair. Still, you are entitled to damages for final medical costs, funeral expenses, and loss of financial and emotional support. You can rely on us to do everything possible to bring you some semblance of justice.
Contact Our Experienced Car Accident Attorneys Today
We realize that you are overwhelmed by your injuries and inability to work or go about your normal routine. Once you become our client, we will navigate the complexities of the judicial system while you rest and recover. Contact us now. We will treat you with compassion and respect as we leverage our skills to bring you and your family a brighter future.