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When one person injures another, Michigan law allows the injured individual to hold the party at fault for their injuries accountable by filing a personal injury lawsuit. This legal action permits injured Michiganders to recover compensation for injury-related financial losses, such as hospital bills and lost income from missed time at work, as well as less tangible losses, such as pain and suffering.
If you are considering filing a personal injury lawsuit, understanding the process will give you the confidence and clarity you need to do so effectively.
Seek Medical Attention
In the immediate aftermath of an accident, it is crucial to prioritize your health and well-being, even if you believe your injuries are minor. Seeking medical attention as soon as possible can maximize your chances of making a full medical recovery. Furthermore, visiting a doctor soon after the accident will help document a clear link between the accident and your injuries, making it harder for anyone to debate causation later in your case.
Gather Evidence
A successful claim or suit depends on evidence. Collect police reports, witness statements, and photographs of the accident scene and your injuries. In the days and weeks that follow, keep records of medical bills, lost wages, and other accident-related losses. Place all these items in an evidence folder.
Contact a Farmington Hills Personal Injury Attorney
While you could try to file a lawsuit on your own, working with an experienced attorney will significantly improve your chances of recovering the full and fair compensation you deserve. A skilled personal injury lawyer can investigate the accident, identify all liable parties, calculate the value of your claim, negotiate with insurers, and represent you in court if necessary. Schedule a consultation with several personal injury lawyers to get a feel for your options, and be sure to bring along your evidence folder.
Investigate and Build the Case
Once you have secured legal representation, your attorney will begin a thorough investigation of your case. They will gather additional evidence, such as witness statements and expert opinions to determine who’s to blame for your injuries and calculate how much compensation you’re owed.
Negotiate a Settlement
Many personal injury cases end in a settlement agreement before going to trial. Your attorney will send a demand letter to the at-fault party and their insurance provider, if relevant, explaining your position and the compensation you’re demanding. Next, they will negotiate with the insurance company and defense lawyers in pursuit of a fair compensation package on your behalf. If a satisfactory agreement cannot be reached, your lawyer will likely move forward with a lawsuit.
File the Lawsuit
Next, your attorney will file a complaint with the appropriate Michigan court. The complaint will outline the details of your accident, the injuries you sustained, and the compensation you seek. The defendant will then be served with the complaint and a summons, which notifies them of the lawsuit and the time frame in which they must respond.
Go Through Discovery
During the discovery phase, both parties exchange information relevant to the case. This process may include depositions (sworn statements taken under oath), interrogatories (written questions), and document requests. The discovery phase allows both sides to assess the strengths and weaknesses of their respective cases and can often lead to further settlement negotiations.
Proceed to Trial
If a settlement still can’t be reached, your lawyer will go to trial and present your case before a judge and, possibly, a jury. They will argue on your behalf, present evidence, and call witnesses to testify. The defendant’s legal team will also have an opportunity to present their case. After both sides have presented their arguments, the judge or jury will render a decision and, if they find in your favor, award you compensation for your losses.
Contact the Davis Law Center Today
The skilled legal team at the Davis Law Center has been helping injured Michiganders recover the compensation they deserve for over 30 years. Let us put our skills and knowledge to work for you. We will handle every aspect of your case while you focus on your healing journey. Call or contact us via our online form today for a free and confidential consultation to discuss your case and learn how we can help you recover the compensation you deserve.