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1277 West Square Lake Rd. | Bloomfield Hills, Michigan 48302
Best Detroit Car Accident Lawyers
We know from the 2020 motor vehicle crash statistics, that thousands of people each year are injured or killed in motor vehicle accidents. In fact 2020 alone, the State of Michigan recorded over 245,000 car accidents occurred, 1083 fatal car accidents, and 60,986 people were injured in car crashes. Most motor vehicle crashed were caused by the negligence of other drivers, often leading to death or injury innocent passengers or drivers.
Google has made finding an expert Detroit car accident attorney easy. However, it is important that you choose best experienced attorney for your case. The Joseph Dedvukaj Firm has helped thousands of Detroit auto accident victims secure justice and win the maximum settlement for their injuries – and we can help you too.
In Michigan, we have three main types of damages available to injured car accident victims. We call them special, general, and punitive damages. Special damages, also called economic damages compensate for measurable financial losses an injury victim sustains such as:
General damages, also called non-economic damages, which compensate for intangible losses such as pain and suffering or mental anguish. The last type of damages is rarely awarded, unless authorized by statute, is referred to punitive damages. The purpose of punitive damages is to punish the negligent party in cases of willful or intentional act such as drunk driving.
Michigan law requires fair and adequate compensation after being involved in a motor vehicle accident. Most car crash victims hove no idea of what they can recover. Every case is unique in their own set of facts and circumstances, so compensation will depend on the severity of your injuries among other factors such as age, permanency of injuries or disability and expected financial losses.
We can give you a rough educated and experienced estimate of what you can expect to get from your car accident settlement, usually by taking into account all of your injuries and damages from the car accident including medical bills, wage loss, and look at other similar settled cases for an idea of what the case could be worth.
Depending on the accident circumstances, there a many possible injuries that can result from an auto accident crash. Some of the most common injuries we represent clients for include:
Obviously, the severity of injuries can depend on many accident factors, such as the type of crash, occupant position, collision forces, impact angle, pre-deposition to injury, and whether occupants were wearing seatbelts. A crash involving a big truck versus a passenger vehicle will typically result in more severe injuries when compared to a collision involving two passenger vehicles because large trucks weigh more than passenger cars.
As of July 1, 2019, Michigan enacted a no-fault reform which impacted every single person involved in a car accident, including persons injured in car accidents, motorcyclists, pedestrians, bicyclists, and more. Because the changes affect auto insurance policies, it’s important to be aware of how they will affect you if you or someone you love when injured in a car accident.
Michigan is a no-fault state, meaning every Detroit owner of a car is required by law to purchase certain basic coverages to pay for certain expenses when an auto accident happens. No Fault Insurance is required to pay for medical bills, housekeeping service expenses, lost wages, and other economic damages no matter who is at fault for the motor vehicle accident.
The new no-fault law requires drivers to select PIP medical coverage options ranging from unlimited to no coverage medical coverage. The new no fault law also changed who is responsible to pay PIP benefits for certain types of accidents, especially if the injured claimant lacks auto insurance coverage.
It is crucial to understand Detroit Michigan car accident laws and how they affect your rights. To be better prepared for your initial consultation the Joseph Dedvukaj Firm, here are some frequently asked car accident questions and answers.
Based on Michigan auto law, you are required by law to immediately file a police report after your motor vehicle crash if injury, death, or property damage is $1,000. Although the law states that you need to immediately file the report, the law does not say what “immediately” means. Use your common sense and make the report as soon as possible.
Typically, the time frame can be estimated after taking several factors into considering to predict how long the settlement process will take. Some of the factors that must be considered are:
Under Michigan no-fault auto insurance law, the victim of the accident is entitled to have medical bills paid if the injuries arise from the crash from no-fault auto insurance and/or the at fault driver, depending on your PIP coverage limits. Typically, your medical bills will be paid by auto insurance providing you medical coverage or through the Michigan Assigned Claims Facility if you did not have auto insurance coverage. If you reach the limits of medical coverage, then you can seek excess from the at fault driver under the new no-fault auto insurance law.
In order to ensure that your medical bills are covered, you should file an Application for No-Fault Benefits within 1 year of accident with the correct auto insurance company. You should work with an experienced car accident lawyer to make sure you employ a strategy to maximize your compensation.
In Michigan there are generally two deadlines for PIP coverage. The first deadline requires to put the auto insurance company on written notice of your claim within one year of the accident date by filing an application for benefits. The second deadline requires you to file a PIP lawsuit withing 1 year of the date the benefit you are claiming. However, if the insurance company has not denied your claim, the one-year deadline can be tolled under the amendment to MCLA 500.3145(3). You need an auto accident no-fault lawyer to know the complex no-fault law to protect your rights.
The new no fault law requires a serious impairment of an important body function or serous permanent disfigurement. Your physician should be the one to find your medically identifiable injuries and determine the seriousness of your injuries based on examination, observation, and other objective testing like MRI study, EMG, EEG, functional capacity test etc. You will need to be examined through your visits and diagnostic testing. In addition, the new no fault law, requires that your injuries must have impacted “some” of the person’s capacity to live in his or her normal manner of living. Although temporal considerations may be relevant, there is no temporal requirement for how long an impairment must last. Consistent with the Michigan Supreme Court’s decision in McCormick v. Carrier, 487 Mich 180 (2010), the no fault law amendment, MCL 500.3135(5) now provides:
“(5) As used in this section, “serious impairment of body function” means an impairment that satisfies all of the following requirements:
(a) It is objectively manifested, meaning it is observable or perceivable from actual symptoms or conditions by someone other than the injured person.
(b) It is an impairment of an important body function, which is a body function of great value, significance, or consequence to the [injured person].
(c) It affects the injured person’s general ability to lead his or her normal life, meaning it has had an influence on [some] of the person’s capacity to live in his or her normal manner of living. Although temporal considerations may be relevant, there is no temporal requirement for how long an impairment must last. This examination is inherently fact and circumstance specific to each injured person, must be conducted on a case-by-case basis, and requires comparison of the injured person’s life before and after the incident.”
Trial Courts will generally look closely at how long you were disabled from work, what sports, recreation or hobby activities are affected, and what you can’t do for yourself or family anymore, etc. If your life isn’t impacted some way, you may not qualify for serious body function impairment that affects your general ability to lead your normal life.
In general, you have three years from the date of the auto accident to file a lawsuit. Your lawsuit must be time stamped by the court within 3 years to stop the time deadline time limit for auto injury cases. If you fail to file by the deadline or third anniversary of your injury accident, the court will dismiss your case, unless you were a minor. Generally, there are no exceptions for injured adults.
If your auto accident involved a government agency, you only have 60 days to give them on official notice and claim for your defective roadway injury accident.
You have privacy rights under state and federal law. However, to protect your best interests, you should not post about your auto accident case on Facebook, Twitter, Snapchat, or other social media websites. Your posts can be misused and taken out of context. You should secure your account and make sure your privacy settings are activated.
For more than 27 years, our Detroit car accident lawyers at Joseph Dedvukaj Firm have been focused and determined to helping motor vehicle accident injury crash victims recover maximum compensation for their injuries and get back to their normal life. We understand being involved in a car accident is a devastating event, and can often be life changing for both you and your family.
The Joseph Dedvukaj Firm offers case evaluations to all accident victims and their loved ones with no cost and no obligation to sign. Let us advise you and help guide you to the best recovery possible.
Call us today at 248-352-2110 or use the chat or contact options on this website to request your free case evaluation 24/7.
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The Joseph Dedvukaj Firm, P.C. is located in Bloomfield Hills, Michigan and serves the entire State of Michigan. Past results are not a guarantee of future results, and the outcome of your particular case or matter cannot be predicted using a lawyer’s or law firm’s past results. Contacting us through our website does not create an attorney-client privilege. This website is attorney advertising.
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