Finding the Right Michigan Personal Injury Lawyer

do not need to hold a special license or qualifications to say that they are a personal injury lawyer so special care should be exercised when selecting a lawyer in Michigan.  Michigan law has some unique aspects which require specialized knowledge.

A Michigan Personal Injury lawyer who helps someone who has been injured as a result of another's negligence. The most common reasons for retaining a personal injury lawyer is a wrongful death or a automobile accident caused by someone else resulting in injuries, death and economic loss.

The Michigan Wrongful Death Act stipulates; "Whenever the DEATH of a person or injuries resulting in DEATH shall be caused by WRONGFUL act, neglect, or fault of another, and the act, neglect, or fault is such as would, if DEATH had not ensued, have entitled the party injured to maintain an action and recover damages."  Usually, only immediate family members are eligible to file a wrongful death suit and it must be done in a timely manner before any State statue of limitations expire.  Damage awards are monetary and most all attorneys work on a contingency basis of 33%.  Below are the most common reasons for receiving monetary awards.

• Loss of projected future earnings
• Loss of benefits (pension, medical insurance coverage, etc.)
• Loss of inheritance
• Pain and suffering or mental anguish to the survivors
• Loss of care, protection, companionship to the survivors
• General damages such as funeral expenses, etc.

A Michigan Personal Injury attorney representing a client regarding a automobile or truck accident must be well versed in the no-fault state law in Michigan. Michigan is one of a small handful of states that has a threshold test that an injured party from an auto accident must cross in order to recover non-economic damages. An injured party from an auto accident can only pursue a claim against a negligent driver under Michigan law for:

• Non-economic loss such as pain and suffering.
• Excess economic loss over the monthly statutory maximum.
• Economic loss after the first three years of no-fault lost wages

Michigan auto law "No-fault" claims of a person injured in an auto accident in Michigan are allocated between the no-fault insurer which is considered a first-party claim" and a claim against the negligent tort feasor which is considered a "third-party claim".  In Michigan, no fault insurance claims are made to a claimant's own insurer. The claimant's insurer, by contract and by law, is required to pay benefits to the claimant for expenses resulting from the auto accident. These claims also involve payments for medical expenses, wage losses, replacement services, mileage, survivor's loss, funeral expenses and home health care.

In a third-party claim, a plaintiff sues the driver or owner of a vehicle, alleging negligence causing an auto accident injury. The third-party claim compensates a person injured in an auto accident in Michigan for damages, such as his or her past, present, and future noneconomic losses and any excess economic losses.

The State Bar of Michigan Lawyer Referral Service will provide you with the name of an attorney in your area who accepts cases like yours. The lawyers are required to have malpractice insurance and will charge a reduced fee for the first visit.