What To Know, And How To Choose, The Right Michigan Car Crash Lawyer

Jun 8

Here is something that is all too common, and all too scary. You have been in a car accident and you don’t know what to do. First, don’t fret. Second, this FAQ is designed to help you understand the steps that Schinkai Law advises you take after suffering in a car crash in Michigan.

If you have been injured in a car accident and would like to discuss your situation with a lawyer at Schinkai Law, click here or call us at (616) 613-6777. One of our attorneys will be in touch with you directly.

Should I Contact A Car Crash Lawyer If No One Was Injured In The Accident?

Yes. Even if there are no obvious injuries, you should still contact a car crash lawyer.

Some conditions, for example soft tissue injuries, may not show up immediately. Or, an injury that appears minor right after the accident may worsen as your adrenaline wears off. This happens all the time after a car crash.

Consulting a lawyer soon after your accident gives you and your legal team a head start should your case become more complicated or if the insurance company tries to become difficult.

Should I Call A Car Crash Lawyer For A Minor Accident?

Yes, it’s smart to contact a lawyer even if the crash appears minor. Even seemingly minor injuries can worsen in the weeks or months following a crash. An accident lawyer will tell you what to expect if your condition becomes more serious, while being prepared to step in and fight for you.

What Are The First Steps I Should Take After A Car Crash?

What you do immediately after an accident can affect what happens with your potential case in the future. If you inadvertently admit fault, post the wrong thing on social media, or sign insurance papers prematurely, you may lose valuable insurance benefits as well as monetary compensation. Sadly, this happens far too often.

Our legal team once represented a woman who had severe injuries, but waited to contact us. As we began to build out her case, we contacted the insurance company only to find out that she had accidentally settled her case already for a fraction of its value. It broke our hearts; she potentially lost tens of thousands of dollars; and the insurance company moved on having tricked her to save itself a few bucks.

To protect your rights after being involved in a crash, here are the things that we advise you do, and don’t do, after a crash:

DO

Call for an ambulance if you or anyone else is hurt;
Move your car to the side of the road to wait for the police and/or EMS to arrive;
Take photos of the accident scene and all the vehicles involved;
Call an experienced car crash lawyer as soon as safely possible;
Exchange information with the other driver(s);
Get contact information for all passengers and other witnesses.

DON’T

Don’t admit fault or talk about the accident or your injuries with the other driver(s);
Don’t post about the crash, the other people involved, or your injuries, on social media;
Don’t talk to an insurance adjuster or sign any papers before you speak to a lawyer.

Additional Reading: I’ve Been In A Car Crash In Michigan. What Should I Do Now?

When Should I Call A Lawyer After An Accident?

We recommend calling a car crash lawyer as soon as safely possible after a crash. The sooner you call, the sooner your legal team can begin working on your case. Starting right away is a good idea for several reasons:

The clock starts ticking immediately on Michigan’s strict statutes of limitations;
Witnesses’ memories are the best right after an accident;
Evidence may disappear;
Gathering necessary medical records and other documentation can be a lengthy process, especially working with larger hospital chains;
Your lawyer needs sufficient time to build a winning case for you.

Am I Entitled To Damages For Pain And Suffering After A Car Crash?

It depends. If you are seriously injured, you were less than 50% at fault for the crash, and your car was insured at the time of the crash, then you may be entitled to certain non-economic damages. These damages are intended to compensate victims for intangible losses such as pain and suffering and loss of companionship or consortium. Non-economic damages are also known as third-party benefits because they are typically paid by the insurance company of the at-fault driver.

Furthermore, victims must prove they have sustained a “threshold injury” to receive pain and suffering damages. In Michigan, we call this Serious Impairment of Bodily Function. Once you are medically treated, and speak with one of our lawyers, we can discuss whether you meet this threshold.

However, it is common for insurers to claim the victim’s condition does not meet the legal standard. Why? Because this means that the insurance company does not have to pay. It is also why you need an experienced car crash lawyer to gather the medical documentation and evidence necessary to build a winning case.

You may also be able to file a lawsuit to recoup excess economic losses such as medical expenses that exceed the driver’s Personal Injury Protection (PIP) medical coverage limit. Plaintiffs do not have to meet the threshold requirement to collect these third-party damages.

This applies to Michigan residents; out-of-state residents must meet the threshold requirement for both economic and non-economic damages.

How Much Is The Average Settlement For A Car Crash Case?

This number varies wildly and we advise clients not to focus on the financial aspects of their case… at least not initially. The first goal is to get you healthy. Then, once you feel better, we can talk money.

Every case is different and the amount you receive often depends on several factors. First, the severity of your injuries and the degree of negligence exhibited by the at-fault driver are major elements. For example, if a victim is seriously hurt because a driver was speeding or texting, the settlement may be higher.

Settlements may range from $10,000 to Millions of Dollars. For example, our legal team settled a case for $45,000 for a woman who broke her hand after a driver ran a red light. Or, a case may be worth upwards of a million dollars if the victim was stuck at the entrance of a construction zone and a semi-truck slammed into the back of them, resulting in life-changing injuries. Again, every case is very fact-specific.

In addition, settlements are impacted by the amount of liability insurance the at-fault driver has. Under Michigan’s No-Fault law, the minimum required liability limits were raised from $20,000 per person and $40,000 per accident to $50,000/$100,000. Dollar amounts may also be affected by your own uninsured motorist or underinsured motorist coverage.

How Much Do Car Accident Lawyers Charge?

You’ve heard the commercials for attorneys with slogans like “No fee until you win!” That’s because any quality injury attorney works on what is called a contingency fee basis. In other words, they don’t collect any fee (usually one-third of the verdict or settlement) until your case is resolved. In addition, most injury lawyers charge for out-of-pocket expenses such as obtaining and copying medical records or making court filings on your behalf.

However, in most cases, plaintiffs do not have to pay these costs until they receive their settlement.

Peter Schinkai