SOUTHFIELD PERSONAL INJURY ATTORNEY

WHAT IS A SETTLEMENT?

The vast majority of personal injury claims in Southfield, Michigan, are resolved through settlements with insurance carriers. Settlements are different from compensation amounts handed down by a jury or a judge. When a settlement occurs, this is an agreement between the injury victim and the at-fault party or their insurance carrier.

A personal injury settlement is an agreement to pay compensation to the injury victim for medical bills, lost wages, pain and suffering damages, and any other expenses included in the settlement negotiations. After a settlement occurs, the injury victim will sign an agreement stating that they understand they will no longer be able to try and secure compensation from the at-fault party for the same incident and injuries.

In the event a claim is not settled with an insurance carrier, perhaps because the carrier refuses to offer a fair settlement or denies the claim altogether, then it may be necessary to file a personal injury lawsuit in civil court. Even after a lawsuit is filed, it is still very likely that a personal injury claim will be settled before it reaches a jury. The two parties, or their legal teams, will continue to negotiate in an attempt to reach a settlement before hey jury trial becomes necessary. Jury trials can take some time to occur, and they often result in significant costs.

Will My Claim Go To Trial?

The vast majority of personal injury claims in Southfield are resolved through settlements with the insurance carriers involved. This may include auto insurance carriers, homeowners insurance carriers, business insurance carriers, and more. When a claim gets made, the insurance carriers will conduct an investigation and make efforts to pay if the evidence points to their policyholder is at fault. However, that does not mean that they will go about paying a legitimate claim quickly. There are times when insurance carriers put up a fight from having to pay out a reasonable amount of compensation, and in some cases, the insurance carrier may deny the claim altogether.

In the event that the insurance carrier denies the claim or refuses to pay a fair amount, it may be necessary for the injury victim to file a personal injury lawsuit in civil court. Once a lawsuit gets filed, this will extend the timeframe for how long it takes a case to resolve. The case will enter the discovery process where attorneys for both sides will exchange information, and they will also continue their investigation into the incident. It is not uncommon for negotiations to continue at this point, but it could take many months or even more than a year for a claim to resolve. It is not uncommon for both sides to try to resolve a claim before a trial becomes necessary because jury trials can be unpredictable and costly.

In the event the at-fault party still refuses to offer a fair settlement, it may be necessary to take the case in front of a jury. It is not uncommon for jury trials to occur years after the original incident. We strongly encourage you to work with a skilled Southfield personal injury lawyer who has experience handling these claims and can guide you through an acceptable and expected time frame.

What Are Michigan’s Comparative Fault Laws?

In Michigan, it is important to note that your damage award at trial can be reduced by the percentage attributed to your fault in the accident. The defense will attempt to attribute as much fault to you as possible in order to save their client money.

Michigan follows the 51% rule; meaning that if you are more than 51% liable then you cannot collect non-economic damages. However, you can still collect non-economic damages even if you were 99% at fault for the accident.