How To File a Personal Injury Claim in Jackson, MI? 2024

Although seeking compensation through a personal injury claim is a right held by all Michiganders, the court process can be complicated and burdensome. This is one reason why most plaintiffs seek the legal services of a personal injury attorney who has experience successfully representing clients in court. If you are unfamiliar with the claims process, we offer this overview of how to file a personal injury claim in Jackson, MI.

Talk to an Attorney

There are several benefits to speaking with an attorney, even if you are in the early stages of filing a personal injury claim. An attorney can save you considerable time by reviewing your case and explaining its strengths and weaknesses. Not all injuries provide the legal grounds for taking action in court. Speaking with an experienced personal injury lawyer can help you better understand which course of action you should take.

Michigan follows a modified comparative negligence rule, which bars plaintiffs from recovering damages if they are 50% or more at fault and reduces recovery by their fault percentage if it’s below 50%. The state also uses separate liability in most cases, holding defendants responsible only for their portion of fault, with exceptions for joint liability in specific cases like medical malpractice.

Investigate the Accident

If your case has merit and you obtain legal representation, the next step would be to gather evidence to support your claim. To establish liability in a personal injury case, your attorney begins with a thorough investigation into the accident’s cause.

The goal is to prove that another party’s negligence directly led to your injuries, enabling you to seek compensation. During the investigation, your lawyer will gather crucial evidence to support your claim.

This evidence may include photos of your injuries, witness statements, expert testimonies, cell phone records, chemical blood alcohol test results, data stored in the vehicles, and any available video footage of the accident, among other types of evidence. Each piece of evidence strengthens your case by demonstrating negligence and establishing liability.

Direct Negotiations or Legal Actions

Once your attorney has gathered sufficient evidence to support your claim, the next step involves either directly negotiating with the at-fault party, filing an insurance claim, or taking direct legal action.

Michigan requires drivers to carry no-fault auto insurance rather than self-insuring. This insurance covers medical expenses and lost wages regardless of fault. Your attorney can handle negotiations with your car insurance carrier if needed. If the injury doesn’t involve a car accident, there may still be an insurance company involved.

A slip-and-fall injury may be covered by the property owner’s liability insurance, for example. Or your attorney may send a demand letter directly to the at-fault party. If these steps fail to yield a favorable outcome, your attorney can take direct legal action.

Filing a Claim

To file a claim in court, your lawyer will file a complaint to initiate the case. The defendant will be notified through a formal process known as service of process, ensuring they are properly informed about the legal proceedings. Once the case is accepted, it will be assigned to a specific court and judge. find the right personal injury lawyer to guide you through the process, ensure that your rights are protected, and maximize your chances of receiving fair compensation.

The opening phase, where both sides collect evidence, is known as the discovery phase. During this phase, both parties typically negotiate ways to settle the case. If the case cannot be resolved through a settlement or mediation, it may go to trial, where a judge or jury ultimately decides who is at fault and what amount of compensation is called for.

FAQs

Does Any Injury Qualify for a Personal Injury Claim?

No, not every injury qualifies the injured party to take legal action through the courts. In Michigan, the plaintiff must demonstrate that the defendant had a duty of care and failed to uphold that duty. The plaintiff must also show that the defendant’s actions contributed to the plaintiff’s injuries. The injury must lead to measurable financial losses and emotional distress.

How Do I Make a Personal Injury Claim?

You can make a personal injury claim by working with an attorney. Before a claim can be filed, your lawyer will need to carefully review your case to see if it meets the standard for a claim in court. There must be sufficient evidence to prove that the defendant is responsible for causing the injury. Once those steps are completed, your lawyer can file the claim on your behalf.

How Long Does It Take to Make a Personal Injury Claim?

The amount of time it takes for a personal injury claim to be resolved can vary. Both parties must come to an agreement on a fair settlement before a claim can be closed. If both parties cannot come to an agreement, the case may need to go to trial, which can lengthen the amount of time. This timeline can also depend on factors specific to Jackson, MI, including local court schedules and the complexity of the case.

What Is the Statute of Limitations in Michigan for a Personal Injury Claim?

In Michigan, the statute of limitations for filing a personal injury claim is generally three years from the date of the injury. This timeframe applies to cases involving negligence or intentional harm. Failing to file within this period usually prevents you from pursuing compensation. Having legal representation can reduce the chances that you miss these and other important filing deadlines.

Schedule Your Personal Injury Claim Consultation Today

If you suffered a personal injury, you are likely facing several challenges. Medical bills, lost time from work, and the emotional strain of dealing with a serious injury can be a considerable hardship. Taking on an additional task through the court system may feel overwhelming.

Let Wigod & Falzon relieve part of your stressful situation by handling your personal injury claim on your behalf. We always take a client-focused approach to our cases, and we do not settle for anything less than what you are owed.

Once we review your case, we can take direct action against the at-fault party by demanding that they pay for the financial losses and emotional harm they caused. To schedule your consultation, contact our office today.