There is a lot to think about after a Michigan car accident. The last thing you want to worry about is whether you’ll have to see the inside of a Michigan courtroom because taking an accident case to court can feel overwhelming.
How do you know when it is appropriate to settle and when to take your car accident case to trial? It is time to review your legal rights and options to understand better when taking your case to court gives you the best chance of recovering the compensation you deserve.
In Michigan, When Does a Car Accident Case Need to Go to Court?
Michigan has a no-fault insurance system. When a car accident occurs, an injured individual files an insurance claim with their own insurance company, no matter who caused the collision. A claim against an at-fault individual or a personal injury lawsuit against an individual or insurance company is only possible under specific circumstances.
You may have grounds to file a personal injury lawsuit under the following conditions:
- The accident must have caused serious impairment of a bodily function or serious or permanent disfigurement or death,
- The at-fault driver must be a non-resident whose motor vehicle is not insured in Michigan,
- The lawsuit must be for $3,000 or less in property damage, and the accident victim’s insurance company must not cover the damage, or,
- The accident must have occurred in another state.
If one or more of these conditions is at play, you can seek compensation via a personal injury lawsuit. This process involves filing a complaint, which in turn means going to court to attend settlement conferences in an effort to resolve the dispute without the need for a trial. Although most car accident cases get settled prior to trial, there are circumstances under which going this route might be your best option for recovering maximum compensation.
How Long Do You Have to File a Lawsuit in Michigan?
Michigan law gives car accident victims up to three years from the accident date to file a personal injury lawsuit against an at-fault individual or third party, though certain circumstances could shorten this timeline. If you fail to file by the legal deadline, you risk losing substantial negotiating leverage with other parties. You may also miss out on having your day in court. Cases filed after the three-year deadline face dismissal by the court.
A Michigan Car Accident Attorney Is Ready to Help
At Atnip & Associates, PLLC, our car accident lawyers are passionate about protecting the rights of Michigan car accident victims. When a catastrophic injury has reshaped your life, and you need help taking your case to court, we are ready to advocate for you and prepare a solid case seeking maximum compensation for your injuries.
Contact our office today and ask for a free legal consultation to discuss the specifics of your unique situation. We know preparing for trial can be frightening, but our team is here to help make the process go as smoothly as possible.
