A serious injury can turn your life upside down in an instant. Whether you were hurt in a car crash on M-21 near Owosso, a fall at a local business in Corunna, or another accident in Durand or elsewhere in Shiawassee County, you may be facing medical bills, lost income, and pressure from insurance companies.
At Schefman & Associates, our Shiawassee County personal injury lawyers help injured Michigan residents understand their rights. If you would like to discuss the true worth of your personal injury case, do not hesitate to contact us.
How Does the Insurance Claims Process Work in Michigan?
In Michigan, claims for your medical care begin with your own insurance company under the state’s no-fault system. The Michigan No-Fault Insurance Act, MCL §500.3101 et seq., requires drivers to carry personal injury protection (PIP) coverage, which pays for medical expenses, a portion of lost wages, and replacement services regardless of who caused the crash. Since the 2019 reforms, drivers can choose different PIP coverage levels, or you may have “opted out” of coverage, so the benefits available to you depend on the policy you selected.
Under MCL §500.3145, you generally must provide written notice of your claim to the insurer within one year of the accident. Insurers often delay, underpay, or deny valid PIP claims, so careful documentation from the start is essential. And the bills you incur should be paid within 30-days of submitting proof of the fact and the amount of the loss. If your doctors are not being paid, you must file suit witin one year of ther date services were incurred.
When Can You Sue the At-Fault Party for Your Injuries?
You can file a lawsuit against an at-fault driver if your injuries meet Michigan’s tort threshold, such as a serious impairment of body function, permanent serious disfigurement, or death. Under MCL §500.3135, you can recover compensation for pain and suffering, as well as economic losses that exceed your PIP benefits.
Many auto collisions cannot wait for injuries to fully unfold; the facts of the case must be investigated immediately. Security cameras in the area may provide video, but these often have an auto-erase feature; skid marks and other measurements of police investigations fade, as do witnesses memory; the car’s black box may be lost; a truck’s video dash-cam is kept for only a short time. If you are unsure of when you should take legal action or file an insurance claim, our personal injury team is happy to review your case.
What Legal Deadlines Could Affect Your Case?
Several Michigan laws can limit your recovery if you are not careful. MCL §600.5805 generally gives you three years from the date of injury to file a personal injury lawsuit. Michigan also follows a modified comparative fault rule under MCL §600.2959, which reduces your damages by your percentage of fault and bars noneconomic damages if you are more than 50 percent at fault. If your claim is against a state entity, you must place it on notice by filing a notice of claim in the Court of Claims within 6 months or you claim may be barred. Missing a deadline or misjudging fault can significantly reduce the value of your claim.
How Can a Personal Injury Lawyer Help You Investigate, Negotiate, and Pursue Full Compensation?
A personal injury lawyer can help you by handling every stage of your claim while you focus on recovery. At Schefman & Associates, our team will:
- Investigate the accident and gather police reports, witness statements, and medical records
- Put companies located at the scene or governmental entities on notice of an obligation to retain videos and other evidence that captures the collision
- File PIP claims on time and challenge wrongful denials
- Calculate the full value of your current and future losses
- Negotiate with insurance adjusters for a fair settlement
- Represent you in the Shiawassee County Circuit Court if litigation becomes necessary
Injured? Contact Our Shiawassee County Personal Injury Lawyers Today
You should not have to face the insurance companies alone. If you or a loved one was injured in Shiawassee County, contact our Shiawassee personal injury lawyers today for a free consultation. We will review your case, explain your legal options, and fight to help you move forward. To get started, contact Schefman & Associates online or by calling (248) 594-2600.