Michigan Car Accident Claims: Frequently Asked Questions (FAQs)
Below are the answers to common initial questions many clients have when they first contact Keller and Keller. We hope that the information below address many initial concerns you may have, but if you don't find the answers here, please contact us with questions specific to your case. The consultation is free and confidential.
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Can I Get Pain and Suffering Money for a Michigan Accident?
Because Michigan is a “No-Fault” state, your auto insurance company will automatically pay for your medical bills, 85% of your lost wages for up to three years, and almost every other expense you incur arising out of the car accident (these are referred to as “personal injury protection” benefits), regardless of who caused the accident.
However, you will not be automatically compensated for your pain and suffering or lost wages after three years. These damages are recoverable from the at-fault driver’s insurance company. To receive compensation for pain and suffering, Michigan law requires that you establish:
a. You have a “serious impairment of your body function” caused by the car accident, or;
b. You have a permanent disfigurement
Michigan courts have developed a framework to determine whether an injury meets these standards. The value of your claim for pain and suffering arising out of a car accident depends, primarily, on whether the above “thresholds” have been met and, to what extent your injuries have affected your ability to function in the way you did prior to the car accident.
When should I go to the doctor after a car accident?
As soon as possible.
In addition to ensuring your health is a priority, immediate follow up with a doctor will also provide official documentation of your injuries. This evidence will be key to your being fairly compensated for the damages that resulted from the accident.
Specific to Michigan accident victims is the fact that every injured person has a duty to mitigate their damages when an accident is caused by another person or entity. In other words, if you do not seek proper medical treatment, and it results in the worsening of your injury, then you are not entitled to receive compensation for your worsened condition.
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