You can sue for whiplash in Michigan. However, since Michigan is a tort threshold state, you must meet certain criteria to file your lawsuit.
Talk with a Lansing personal injury lawyer if you want to sue someone due to your whiplash injuries. Your attorney can explain if you have grounds for a lawsuit.
You May Sue for Whiplash in Michigan After a Car Accident
Tell a Lansing car accident lawyer about your auto collision and whiplash injuries. For most auto accidents, your auto insurer may cover your losses. Yet, depending on the circumstances of your accident and injuries, you could sue for whiplash based on Michigan’s mini-tort provision.
Michigan’s mini-tort provision is an exception to the state’s no-fault insurance coverage. With this, you may claim up to $3,000 in vehicle damage or a collision deductible from the driver liable for your auto accident, regardless of Michigan’s no-fault system.
White Law PLLC has provided legal services and support to over 30,000 clients. As you debate whether to sue for a whiplash injury in Michigan, we can give you insights into your legal options. For more information, request a free case consultation with us.
Your Fight Is Our Fight
Your Injury Costs Can Determine Whether You Can Sue for Whiplash in the State of Michigan
The losses you incur that relate to your whiplash injury can dictate whether a lawsuit is warranted. Allow a personal injury attorney with a track record of success to review your case. Your lawyer can share information about what your case may be worth. They want you to get case results that match your expectations via an insurance settlement or lawsuit.
With no-fault insurance in Michigan, you may be protected financially if you suffer whiplash, even if someone else is at fault. If you have sufficient insurance coverage, your insurer may cover the costs of treating your whiplash and other quantifiable losses you have incurred. Therefore, you may not have to file a lawsuit to get money for your whiplash injury expenses.
There are times when no-fault insurance coverage is insufficient. If your insurer will not cover all of your whiplash-related losses, it may be beneficial to file a lawsuit.
At this point, you can partner with a personal injury lawyer, and your attorney can sue for compensation for your whiplash injuries in Michigan.
How Much You Are to Blame for Your Whiplash Injury Can Play a Role in Whether You Should Sue
According to Michigan Compiled Laws (MCL) Section 600.2959, how much you are to blame for your whiplash injuries can dictate the money you get in a lawsuit.
If you are more to blame than anyone else for your whiplash, you may be ineligible to recover damages. Or, if you are partially at fault, the court may reduce your damages by your percentage of fault.
Your lawyer can provide an explanation of Michigan’s comparative negligence law and its role in your case. They may advise you to sue for a whiplash injury in Michigan if they feel they can compel a judge or jury to rule in your favor.
Leading up to your trial, your attorney may gather medical records, witness statements, and other proof to support your case. They may also consider how the defendant will present their argument.
Doing these things can help your lawyer prepare an argument that will resonate with a judge or jury and show that you deserve compensation.
We know how to get our clients the results they need in the toughest legal arenas.
Your Pain and Suffering Should Be a Consideration as You Decide Whether to File a Lawsuit for Whiplash in Michigan
The mental anguish, emotional distress, and physical pain you experience from your whiplash injury can linger. Unfortunately, these issues may not subside any time soon. You may have no control over your pain and suffering, but you have a say in how you respond to it. By suing for whiplash in Michigan, you could get money for your pain and suffering and similar losses.
Your lawyer may advise you to seek counseling or other therapies for your pain and suffering if you feel doing so may benefit you. Meanwhile, they can build your case for pain and suffering damages.
They may get statements from doctors and others who can attest to the physical, emotional, and psychological trauma you face and how it is affecting you day after day.
It can be difficult to prove to a judge or jury that you should be awarded damages for your pain and suffering from your whiplash injury. Your attorney considers the facts of your case carefully. That way, they can craft an argument that a liable party may struggle to contest.
You will always work directly with your attorney throughout your case.
Your Whiplash Injury Settlement Negotiations Can Lead You to Sue for Damages
If someone else is to blame for your whiplash, your lawyer may engage in settlement negotiations with this party or their insurance company. Just because your attorney negotiates a settlement does not guarantee you will get a reasonable offer.
For example, an at-fault party or their insurance company may put pressure on you to accept the first settlement offer you get. The proposal could be worth only a fraction of what you have suffered in losses.
f you approve the offer, you may leave money on the table and have to cover some or most of your whiplash-related costs out of pocket.
Your lawyer may commit substantial time and resources to your settlement negotiations. At the same time, your attorney is unafraid to bring your case in front of a judge or jury.
f your lawyer feels that suing for a whiplash injury in Michigan may be beneficial, they can submit your lawsuit and argue your case in court.
Get Legal Help if You Want to Sue for a Whiplash Injury in Michigan
The team at White Law PLLC can answer any questions you have about suing for whiplash injuries in Michigan. If you are interested in filing a whiplash injury lawsuit or are ready to submit your compensation request, we are here to help.
To learn more, schedule a free case consultation with us.
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