Five Myths About Michigan Auto Accident Injury Cases
Michigan auto and truck accident liability is different from many other states, with complex laws and case decisions that are affecting each crash victim's compensation dramatically.Â
Whether it's a relative or friend's past experiences, media exposure or general assumptions about lawsuits, no one can predict the outcome of a Michigan auto accident case. Many drivers would probably be surprised to learn just how different Michigan's no-fault law is from any other type of law in this country.
With that, auto accident lawyers from Michigan's largest automobile negligence law firm provide the five most common myths about Michigan car accidents and truck accidents. Â
Myth 1: No-fault is similar to most other states' auto laws.
Michigan no-fault law is widely misinterpreted by residents who find the details of who pays for what fairly confusing. While other states do have no-fault laws, Michigan's auto accident laws are not like others, due to recent rulings by the Michigan Supreme Court.Â
No-fault in its simplest terms means that regardless of fault, a car accident victim is entitled to certain benefits. For example, a person's own auto insurance company pays for the economic loss from his injuries (medical bills and lost wages) after an auto accident, regardless of which driver caused the accident.
In Michigan, if the personal injuries suffered are not considered sufficiently serious, a negligent driver (and thus his insurance company) will not be responsible for any of the injuries or damages they cause, except for the first $500 of vehicle damage under the Michigan mini tort law. As a no-fault state, the insurance company of the person who causes a car accident in Michigan is only responsible for:
Myth 2: I can collect pain and suffering damages simply from being in pain.
In addition to being a no-fault state, Michigan has also legislated a threshold test that an injured car accident victim must first pass before she can recover non-economic (pain and suffering) damages from any automobile accident.  This means that being in pain is not enough to receive compensation beyond your limited economic damages such as medical bills and lost wages. In order to quality for additional non-economic damages, the injured party has to have suffered any of the three types of injuries:
 "Death" is pretty self-explanatory. A "permanent serious disfigurement" is the loss of a body part, scarring, burning or any other type of injury that affects one's outward appearance. A "serious impairment of body function" is an injury that generally affects the victim's ability to lead his normal life. Still, the interpretation of serious impairment varies by case. For example, a broken finger may not negatively impact most people's lives, but for a professional bowler or violinist, it would be considered an important body function.Â
Myth 3: Million dollar settlements are easy if you have severe injuries.
Auto accident attorneys have seen plenty of cases thrown out with zero compensation for victims who had serious, life-altering injuries. Â With so many interpretations of the law and the impact of recent activities with key cases before the Michigan Supreme Court, auto accident law is continually evolving. Meanwhile, auto insurance defense teams are using dirty tactics and becoming more aggressive with challenging injuries. Every case is different and a good attorney will not guarantee you a specific award.
Myth 4: If I hold out long enough, my insurance company will settle for a higher amount.
Every Michigan auto accident case is different and a victim's injuries and circumstances can have a dramatic affect on an insurance company's willingness to settle an impending lawsuit. There are numerous factors that can affect an insurance company's reimbursement offer including internal company protocol, the reputation of the victim's attorney and the track record of the judge. Discussion with an auto accident lawyer on your unique set of circumstances will help you have a better understanding of the viability of your case. Even then, auto insurance companies' display of unpredictable behavior is making Michigan no-fault law one of the most challenging areas of law to interpret and predict.Â
Myth 5: Any personal injury lawyer can handle my case.
The law defining what's required to have a successful automobile accident case is still new. With recent changes to Michigan car accident law, there is a great deal of legal uncertainty for general practice Michigan lawyers seeking to understand what is necessary to have a "good" car accident personal injury case. Â There is no dependable body of case law to guide Michigan attorneys handling Michigan automobile accident cases today. This lack of a dependable law has left many Michigan personal injury lawyers confused by conflicting decisions interpreting Michigan automobile negligence laws.
That's why it's vital to have a personal injury lawyer who specializes in car accidents, truck accidents and motorcycle accidents. Keep in mind, in the state of Michigan, one who markets himself as a personal injury lawyer does not need to hold any special qualifications, training, certification or licensure to say he is indeed, a personal injury lawyer. But a lawyer who specializes in auto accidents and has experience with these types of cases will be aware of the latest judgements and how they affect future litigation. Car accident lawyers also have more experience dealing with auto insurance companies and understand how to challenge their delay and deny tactics unjustly and routinely used on accident victims trying to make claims. Â
Good legal advice from the start will help you avoid devastating loss of your legal rights, medical benefits and ability to receive the best compensation for pain and suffering. Whether you go through a friend or find a reputable attorney through the State Bar of Michigan, make sure you choose one who specializes only in auto accidents with a proven record of success.
Whether it's a relative or friend's past experiences, media exposure or general assumptions about lawsuits, no one can predict the outcome of a Michigan auto accident case. Many drivers would probably be surprised to learn just how different Michigan's no-fault law is from any other type of law in this country.
With that, auto accident lawyers from Michigan's largest automobile negligence law firm provide the five most common myths about Michigan car accidents and truck accidents. Â
Myth 1: No-fault is similar to most other states' auto laws.
Michigan no-fault law is widely misinterpreted by residents who find the details of who pays for what fairly confusing. While other states do have no-fault laws, Michigan's auto accident laws are not like others, due to recent rulings by the Michigan Supreme Court.Â
No-fault in its simplest terms means that regardless of fault, a car accident victim is entitled to certain benefits. For example, a person's own auto insurance company pays for the economic loss from his injuries (medical bills and lost wages) after an auto accident, regardless of which driver caused the accident.
In Michigan, if the personal injuries suffered are not considered sufficiently serious, a negligent driver (and thus his insurance company) will not be responsible for any of the injuries or damages they cause, except for the first $500 of vehicle damage under the Michigan mini tort law. As a no-fault state, the insurance company of the person who causes a car accident in Michigan is only responsible for:
- Non-economic loss (pain and suffering)
- Excess economic loss over the monthly statutory maximum
- Economic loss after the first three years of no-fault lost wages
Myth 2: I can collect pain and suffering damages simply from being in pain.
In addition to being a no-fault state, Michigan has also legislated a threshold test that an injured car accident victim must first pass before she can recover non-economic (pain and suffering) damages from any automobile accident.  This means that being in pain is not enough to receive compensation beyond your limited economic damages such as medical bills and lost wages. In order to quality for additional non-economic damages, the injured party has to have suffered any of the three types of injuries:
- Death
- Permanent serious disfigurement
- Serious impairment of body function  Â
 "Death" is pretty self-explanatory. A "permanent serious disfigurement" is the loss of a body part, scarring, burning or any other type of injury that affects one's outward appearance. A "serious impairment of body function" is an injury that generally affects the victim's ability to lead his normal life. Still, the interpretation of serious impairment varies by case. For example, a broken finger may not negatively impact most people's lives, but for a professional bowler or violinist, it would be considered an important body function.Â
Myth 3: Million dollar settlements are easy if you have severe injuries.
Auto accident attorneys have seen plenty of cases thrown out with zero compensation for victims who had serious, life-altering injuries. Â With so many interpretations of the law and the impact of recent activities with key cases before the Michigan Supreme Court, auto accident law is continually evolving. Meanwhile, auto insurance defense teams are using dirty tactics and becoming more aggressive with challenging injuries. Every case is different and a good attorney will not guarantee you a specific award.
Myth 4: If I hold out long enough, my insurance company will settle for a higher amount.
Every Michigan auto accident case is different and a victim's injuries and circumstances can have a dramatic affect on an insurance company's willingness to settle an impending lawsuit. There are numerous factors that can affect an insurance company's reimbursement offer including internal company protocol, the reputation of the victim's attorney and the track record of the judge. Discussion with an auto accident lawyer on your unique set of circumstances will help you have a better understanding of the viability of your case. Even then, auto insurance companies' display of unpredictable behavior is making Michigan no-fault law one of the most challenging areas of law to interpret and predict.Â
Myth 5: Any personal injury lawyer can handle my case.
The law defining what's required to have a successful automobile accident case is still new. With recent changes to Michigan car accident law, there is a great deal of legal uncertainty for general practice Michigan lawyers seeking to understand what is necessary to have a "good" car accident personal injury case. Â There is no dependable body of case law to guide Michigan attorneys handling Michigan automobile accident cases today. This lack of a dependable law has left many Michigan personal injury lawyers confused by conflicting decisions interpreting Michigan automobile negligence laws.
That's why it's vital to have a personal injury lawyer who specializes in car accidents, truck accidents and motorcycle accidents. Keep in mind, in the state of Michigan, one who markets himself as a personal injury lawyer does not need to hold any special qualifications, training, certification or licensure to say he is indeed, a personal injury lawyer. But a lawyer who specializes in auto accidents and has experience with these types of cases will be aware of the latest judgements and how they affect future litigation. Car accident lawyers also have more experience dealing with auto insurance companies and understand how to challenge their delay and deny tactics unjustly and routinely used on accident victims trying to make claims. Â
Good legal advice from the start will help you avoid devastating loss of your legal rights, medical benefits and ability to receive the best compensation for pain and suffering. Whether you go through a friend or find a reputable attorney through the State Bar of Michigan, make sure you choose one who specializes only in auto accidents with a proven record of success.
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