SKILLED IN CAR ACCIDENT CASES
IN 2017, THERE WERE 3,693 CRASHES IN MONROE COUNTY
Residents of Monroe, Michigan rely on their vehicles to get around for work and personal reasons, so it is not surprising that car accidents are common. According to the Michigan Department of State Police “2017 Year End Traffic Crash Statistics,” there were 3,693 crashes in Monroe County, causing 23 fatalities and injuries to 920 victims. The losses can be devastating, and they affect entire households.
Fortunately, you do have rights as the victim of a motor vehicle collision. Our legal team at Groth & Associates can assist with filing a claim with an insurance company, but we are prepared to go to court if necessary. Please contact our firm to schedule a free case assessment with a skilled Monroe, Michigan car accident lawyer, and check out a summary of the laws that apply to your claim.
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HOW CAR ACCIDENT CASES WORK IN MICHIGAN
Though the underlying causes may be different, car accidents usually happen because a driver was careless or reckless behind the wheel. In the legal field, the term is negligence. To recover compensation for your losses, you need to prove four essential elements:
- The other driver had a duty to drive safely, which is a legal obligation that applies to all motorists on the roadways;
- The responsible driver breached this duty of care by not exercising proper caution;
- The breach of duty resulted in the auto crash in which you were injured; and,
- You suffered losses due to your injuries.
These elements may seem clear-cut, but there can be disputes over any one of them. Our car accident lawyers at Groth & Associates work with experts to investigate and gather the facts necessary to firmly establish fault. We also partner with medical experts who consult and testify in court as to the severity of your injuries.
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TEXTING WHILE DRIVING IS DISTRACTED DRIVING
Because negligence is the fundamental factor behind car accidents in Monroe, Michigan, certain trends develop in the most common causes of these incidents. Examples of negligence in auto collisions include:
- Speeding beyond the posted limit;
- Traveling too fast for weather or road conditions;
- Improper lane changes;
- Failure to yield;
- Driving while under the influence of alcohol or drugs;
- Distracted driving, such as texting while driving, talking on the phone, eating, drinking, or adjusting the radio;
- Failure to properly maintain the vehicle; and,
- Many other types of negligent acts.
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DEALING WITH INSURANCE COMPANIES
In most car accident cases, you will seek compensation from the insurance company that provides coverage for the driver whose negligence caused the crash. Insurers are in the business of making money, which they cannot do when they pay out high awards to accident victims. Therefore, the claims adjuster assigned to your claim will fight it at every opportunity. You can expect the insurance company to deny your claim if:
- You did not include proper medical records and support to show the nature of your injuries;
- You did not provide sufficient facts to establish that the other driver, i.e., the insurer’s policyholder, was at fault;
- You did not seek medical attention right away after the crash; or,
- For many other reasons.
With some claims, an insurer will offer a lower amount rather than reject it entirely. Typically, the proposed compensation will not be enough to cover your losses. Still, you may be tempted to accept it because you do not fully understand your rights. Plus, the claims adjuster will try to convince you that this low-ball amount is acceptable, and that you should settle rather than go to court.
It is critical to realize that the insurance company does not have your needs in mind. Our car accident attorneys at Groth & Associates will protect your interests in negotiations with the insurer. We know the Michigan laws that apply to your claim, and we deal with stingy claims adjusters every day. If our lawyers cannot work out a fair, reasonable settlement amount, we will pursue your rights in court.
COMPENSATION IN A CAR ACCIDENT CLAIM
The amount you can recover in an auto crash case is based upon how your injuries affect your life. The terms “losses” and “damages” are used to describe compensation in a personal injury case. They fall into two categories:
- Economic Losses: These are damages that are ascertainable by reviewing documentary evidence. Often, they involve out-of-pocket costs. Examples include bills for your medical treatment and the wages you lose if you cannot work.
- Non-Economic Losses: This category of damages refers to losses that are subjective and for which receipts or invoices are not available. Still, you can receive compensation for such non-economic damages as pain, suffering, emotional distress, diminished quality and enjoyment of life, and similar considerations. Though
Limitations on Your Compensation: In Michigan, there are some laws that affect your right to compensation as the victim of a car accident.
- The statute of limitations in Michigan is three years for personal injury cases, including auto collisions. You must file a lawsuit within this time period, or you cannot recover compensation for your losses. Note that this requirement applies to initiating litigation, not filing a claim with an insurance company.
- Michigan has a law regarding comparative negligence, which focuses on your own conduct in a car accident case. If your negligent acts contributed to the crash, your compensation will be reduced.
CONTACT A CAR ACCIDENT ATTORNEY IN MONROE, MICHIGAN ABOUT YOUR RIGHTS
If you were injured in an auto collision, experienced representation is essential. Unless you have a legal background, you are at a disadvantage when you go it alone in filing a claim and negotiating with an insurance company. The challenges of litigation are even more overwhelming. Trust our team at Groth & Associates to assist with the process and ensure you get the compensation you deserve.
For more information, please contact our firm to set up a no-cost consultation with a Monroe, Michigan car accident attorney. You can reach our offices by calling 419.482.1176 or visiting us online. We serve victims throughout Northwest Ohio and Southeastern Michigan, and we are happy to tell you more about your legal remedies.