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Detroit Personal Injury FAQ

Michigan personal injury law is a vast and complicated field, so it’s understandable that many injured victims have questions when they begin seeking compensation.

The experienced attorneys at David Christensen Law are always happy to help our clients understand more about their claims. That’s why we’ve answered some of the most common Michigan personal injury law questions below.
How long do I have to file a personal injury claim?

Generally speaking, you have three years from the date of your injury to file your claim for compensation. If your injury was not apparent until after the initial incident, you might have longer to file your claim.

If you’re filing a claim against a state government agency, the rules are a little different. Depending on the nature of your injuries, you have between four and six months to file a formal claim.

What if I was partially at fault for my injury?

You can still receive monetary damages for your injury if you’re partially to blame for it. Under Michigan’s modified comparative negligence rule, damages are reduced if you are found partially to blame for your injuries; if you’re found to be 50 percent or more at fault, however, no compensation will be awarded.

If you don’t think you’re 100 percent blameless in your injury, don’t worry—a Detroit personal injury lawyer can still work to get you fair compensation.

What are non-economic damages?

Non-economic damages are those that don’t involve money. These intangible damages might deal with factors like the length of your recovery time or the amount of mental anguish you’ve endured because of your injuries.

After the first three years of wage loss and replacement service payments from your no-fault insurance, you are entitled to damages only for pain and suffering. Michigan residents must meet a certain threshold of severity in order to file a personal injury suit in the first place.

Will I have to go to court for a personal injury claim?

Most of the time, no, although trial is occasionally necessary. The majority of cases are able to settle out of court. If you do need to go to trial, the process isn’t nearly as dramatic as it looks on TV. A skilled Detroit personal injury lawyer will walk you through every step of the process.

Do I have to settle for workers comp if I was hurt at work?

No. Employers are obligated by law to follow Occupational Safety and Health Administration (OSHA) guidelines. If an employer is in violation of OSHA rules and the workplace is therefore unsafe, the employer could be found negligent in an injury lawsuit.

You could also be entitled to damages beyond workers comp payouts, which are generally very small, if a third party other than your employer caused your injuries. This could include the manufacturer of a defective piece of equipment, for example.

What should I do immediately following my injury?

Your recovery should be your number one priority. This is for your own wellbeing, but it can also affect your claim; insurance companies tend to view claimants who proactively seek recovery favorably.

As you handle your physical recovery, a Detroit personal injury lawyer from David Christensen Law can help you obtain financial compensation for your accident. To get in touch, give us a call at 248-206-2500 or fill out the form below.