When you’re injured due to someone else’s negligence, filing a personal injury claim in Michigan seems straightforward—gather evidence, prove fault, and negotiate a settlement. But what many victims don’t realize is that hidden factors can significantly affect the outcome of their case. From insurance company tactics to Michigan’s comparative negligence rule, here are some lesser-known aspects that could impact your claim. Contact us today if you need assistance.
Michigan follows a modified comparative negligence system, meaning your compensation can be reduced if you are found partially at fault for the accident. For example, if you were in a car accident in Michigan and the court determines you were 20% at fault, your settlement will be reduced by 20%. However, if you are more than 50% at fault, you may be barred from recovering non-economic damages like pain and suffering.
How This Affects You:
• Insurance companies may try to argue you hold more responsibility to minimize their payout.
• A skilled Michigan personal injury lawyer can push back against these claims to ensure you receive fair compensation.
Insurance companies are not on your side—their goal is to pay as little as possible. Common tactics they use include:
• Quick, lowball settlements: They may offer a fast payout before you fully understand the extent of your injuries.
• Requesting recorded statements: Anything you say can be used to diminish your claim.
• Delaying the process: They hope financial pressure forces you to settle for less.
What You Can Do:
• Never accept an offer without consulting a personal injury attorney in Michigan.
• Do not provide recorded statements without legal guidance.
• Keep detailed medical records and receipts to strengthen your case.
Many victims worry that a pre-existing medical condition will disqualify them from compensation. In reality, Michigan law follows the “eggshell plaintiff doctrine,” meaning the at-fault party is still responsible for damages, even if you were more vulnerable to injury.
Example: If you have a prior back injury and a slip and fall accident worsens it, the negligent party can still be held accountable for the additional harm caused.
What you post online could be used to dispute your claim. Insurance companies and defense attorneys may monitor your social media for:
• Posts showing physical activity that contradicts your injury claims.
• Statements that downplay your pain or suggest fault.
What to Do Instead:
• Avoid posting about your accident or injuries.
• Adjust privacy settings, but remember that nothing online is truly private.
Michigan law imposes a three-year statute of limitations on most personal injury cases. This means you must file a lawsuit within three years from the date of the injury, or you lose your right to seek compensation.
Exceptions:
• Medical malpractice cases may have different deadlines.
• Cases involving minors or incapacitated individuals may have extensions.
Why Hiring a Michigan Personal Injury Attorney Matters
A personal injury attorney in Michigan can help you.
• Navigate complex insurance policies and legal loopholes
• Maximize your compensation by proving negligence and damages
• Protect your rights against aggressive insurance tactics
If you or a loved one has suffered a serious injury in Michigan, don’t leave your future in the hands of insurance companies. Contact a trusted Michigan personal injury lawyer today for a free consultation.
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