It can be genuinely devastating any time you’re in a motor vehicle accident, causing significant life changes. When a negligent driver, motorcyclist, or semi-truck driver causes an accident, the damage to your property, psyche, and body can be catastrophic.
It gets worse when the auto insurance company refuses your personal injury claims or tries to get away with a lowball offer that doesn’t even begin to cover all your medical expenses. You’re not alone. Like you, thousands of accident victims suffer the same thing every day. That’s where an experienced personal injury attorney for the state of Michigan comes into the picture.
The auto accident personal injury lawyers at Matz Injury Law have gotten settlements and jury verdicts for injury lawsuits for years, and we’re ready to listen to your auto accident case. Let us help you determine what compensation you should receive and how long it might take to get your personal injury settlement or jury verdict. Contact us at 1-866-22Not33 or use our online form for a free consultation today. Additionally, our personal injury FAQ Michigan answers some of our most commonly asked questions.
What Qualifies as a Personal Injury Case?
Personal injury or tort law governs the physical, mental, and emotional pain caused by another person’s or entity’s negligence. Not all attorneys handle all types of personal injury law, so you must research an attorney before retaining the law firm for your case. At Matz Injury Law, we handle:
- Motor vehicle accidents, including boating accidents
- Drunk driving accidents
- Claims against drivers with little or no insurance
- Passenger injuries
- Wrongful death
- Pedestrian and bicycle accidents
- Dog bites
- Swimming pool accidents
What Is a Personal Injury Settlement?
Most personal injury cases settle out of court, which means that you do not have to litigate – go to court – to recover the compensation you deserve. Cases can settle near the beginning of the process or right before trial. In some cases, it can pay after a trial, as the winning side will offer a settlement to prevent the case from going to appeal.
A settlement is an agreement with the defendant for a specified sum in exchange for not taking the case to court. Settlements come with risks – you may accept less than a jury might award. However, even litigation is a risk as the settlement could be higher than a jury would award.
The bottom line is that a settlement is almost always less expensive than going to trial, so the ultimate goal is to settle personal injury cases unless the defendant refuses to offer a fair and reasonable settlement amount.
How Are Personal Injury Settlements Determined in Michigan?
You can recover three damages in Michigan: Economic, non-economic, and punitive. It is challenging to recover punitive damages, as you must show gross negligence. However, most recover economic damages, which have a monetary value.
A good percentage of accident victims also recover non-economic damages, which do not have a monetary value and are usually ordered for those who suffer long-term or permanent injuries or to a family who lost a loved one due to another’s negligence.
A fair and reasonable settlement amount depends on several factors, including, but not limited to:
- The severity of your injuries
- The type of injury you suffer from the accident
- The amount of medical care, such as physical therapy or additional surgeries, you may need later in life
- Whether the defendant was negligent or grossly negligent
- Whether you have preexisting injuries made worse by the accident or incident
- The duration of your recovery
Attorneys can use one of two methods for calculating personal injury settlement amounts:
- The Multiplier Method: Usually used to calculate non-economic damages when economic damages are more straightforward to calculate. The attorney uses a multiplier of 1 to 5, depending on factors such as the severity of your injuries, aggravating circumstances, recovery time, etc.
- The Per Diem Method: Calculates non-economic damages by determining a daily rate for the duration of your recovery and/or ongoing suffering. The rate is multiplied by the number of days you suffered, resulting in the total compensation you could receive.
Neither method is perfect, and both provide estimates of what an award could look like.
What Types of Damages Can I Recover in a Personal Injury Settlement?
Depending on your injuries, you could recover:
Economic Damages
- Medical expenses, including surgeries, doctors’ appointments, follow-up appointments, physical, emotional, occupational and cognitive therapies, prescriptions, ambulatory aids and out-of-pocket expenses
- Replacement or repair of a motor vehicle if the accident was a motor vehicle accident
- Lost wages
- Loss of future earning capacity
- Death-related expenses
Non-Economic Damages
- Pain and suffering, including emotional distress
- Loss of companionship and/or consortium
- Loss of quality of life
- Excessive disfigurement or scarring
- Amputations
Punitive Damages
Unlike economic and non-economic damages, which are meant to make you financially and emotionally whole again, you only receive punitive damages due to gross negligence. Instead of making you whole again, punitive damages are a punishment for the defendant’s gross negligence.
How Long Does it Take to Reach a Settlement for a Personal Injury Case?
Your claim can, unfortunately, take quite some time to settle. You’ll have to go through a process that begins with dealing with the accident and continues through the final payout. It’s a complex and detailed process, and as difficult as it can be, patience is essential. Your injury lawyer from Matz Injury Law will be by your side at every step, informing you about your case’s process and current status. You will be notified and involved as much or as little as you need the whole time.
What To Do At the Scene of the Accident
If you are not injured enough to prevent movement, you can take several steps to help your case.
- Call first responders and check on others involved in the accident. Always allow EMTs to check you over; this starts the paper trail for injuries that may manifest later.
- Take photos of the accident scene.
- Make notes of what happened while it is still fresh in your mind.
- Speak with the police and get them to file an accident report.
- Obtain contact information from any witnesses.
- Never apologize for anything while speaking to witnesses or others involved in the accident.
- If you decide to report the accident to your insurance company instead of allowing your attorney to do it, give it only your contact information, the date and location of the accident, and your attorney’s contact information.
- Seek medical attention immediately, even if you are not injured. EMTs can only do so much at the scene.
- Contact an experienced personal injury attorney at Matz Injury Law for a free consultation.
Is It Better to Settle or Go to Court for a Personal Injury Case in Michigan?
The vast majority of cases don’t end up going to court. This is because court is a risky procedure, and depending on the individual case, it may not be in everyone’s best interest. It can be very long and drawn out. They can also be quite expensive as legal fees stack up, reducing your overall award. The loser in a court trial usually pays fees, but exceptions can depend on the decision or jury verdict.
The upside of a court trial is that the awards are usually higher than a settlement if you win. A court case is an all-or-nothing deal. Once it starts, there’s usually no more negotiation, and you either win or do not.
Can I Still Get a Settlement if I Was Partially at Fault?
Michigan has a 51% rule, or “modified comparative negligence,” which states that you can only receive compensation if you hold 50 percent or less of the responsibility for the accident. In addition, whatever degree of fault you share will reduce the settlement by that much. If you are, for example, 20% responsible and the accident is worth $100,000, the courts will only award you $80,000. Because of this, it is essential to have an iron-clad case.
Matz Injury Law has represented clients from all over Michigan, from Ann Arbor to Lansing, across Macomb County, Oakland County, Southfield, and beyond. We’re ready to fight to get you the fault benefits you deserve from a reckless or drunk driver, from medical care and lost wages to attendant care benefits and invisible injuries. Call us at 866-226-6833 and speak to one of our auto accident attorneys today.
How Are Michigan Personal Injury Settlements Paid?
Again, every case is unique. Mostly, the insurance company pays settlement agreements as a single lump sum. You cannot, for example, usually get payments for your ongoing medical bills as they occur. Your personal injury attorney must review your current and past bills, look at your medical records, and estimate how much it will cost to get better or reach the point where you won’t need more treatment.
The same goes for your lost wages. Based on the likelihood of getting merit raises, cost of living increases, and other factors, your attorney will estimate how much you would have likely made in the future if you worked until retirement. They will consider whether you have invisible injuries from a traumatic brain injury or loss of companionship, comfort, and support from a wrongful death case. In the case of wrongful death, the amount of compensation will factor in funeral and burial expenses.
Are Personal Injury Settlements Taxable in Michigan?
For the most part, personal injury settlements in Michigan are not taxable, provided that the payment covers your actual expenses like medical expenses or it’s directly related to the physical pain and suffering, psychological damage, emotional trauma, and other invisible injuries connected directly to your bodily injuries.
If you’re concerned about whether or not you need to pay taxes on your personal injury claim, your attorney can provide some guidance. Still, in the end, it’s recommended to talk to your professional accountant or another professional tax preparer. These people know and understand the tax codes to help advise you. However, tax codes can be highly complicated and change constantly.
While possible, it is generally unlikely that you will need to pay taxes on your personal injury verdict or settlement.
Are There Financial Limits to the Amount You Can Recover From a Personal Injury in Michigan?
You must have been less than 51 percent at fault for the accident or incident to recover punitive damages for long-term or permanent injuries. For example, if the court determines you are 52 percent at fault, you cannot recover non-economic damages.
Additionally, the court reduces your economic damages by the percentage of fault. For example, if the jury decides to award you $100,000, but you are 52 percent at fault for the accident, the court reduces your award by $52,000 (52 percent of $100,000).
Additionally, medical malpractice cases have a cap for non-economic damages. As of Jan. 1, 2024, the cap is $569,000 unless you suffer paralysis of a limb, spinal cord injury, or traumatic brain injury that causes permanent disabilities, in which case the cap is $1,016,000.
What Is the Statute of Limitations for a Personal Injury Case in Michigan?
Every state has a statute of limitations covering almost every civil and criminal offense. Car accident personal injury cases are civil offenses, meaning they only award monetary damages. A statute of limitations requires you to file a lawsuit during a particular timeframe. If you fail to file a lawsuit within the appropriate timeframe, you can lose your rights to compensation.
In Michigan, you generally have three years from the accident date to file your claim. A wrongful death suit where you lose a loved one to someone else’s careless or reckless acts is different. In this case, you have three years from death to file your claim.
Just because you think you may have missed the window of opportunity doesn’t mean you should give up. If you fail to file your lawsuit within this three-year statute of limitations window, the courts may refuse to hear the case, and you could lose your rights to compensation. There are, however, exceptions to almost every rule. An experienced injury attorney may advise you on other options and avenues to pursue. Contact the personal injury lawyers at Matz Injury Law for a free case review and discuss your options.
Do I Need a Lawyer to Negotiate a Personal Injury Settlement?
While you do not need an experienced accident lawyer to guide you through the process and help with settlement negotiations or litigation, you significantly risk leaving money on the table. Insurance companies use tricks to “cheat” you out of the money you deserve, as they are in business to make a profit. The more they have to pay out, the less profit they make.
During a personal injury lawsuit or settlement, experienced attorneys confirm that the insurance companies do not violate your rights and you receive the compensation you deserve. They can also help if you fight your insurance company for compensation if the defendant is underinsured or uninsured.
How Do I Know if a Personal Injury Settlement Offer Is Fair?
Determining whether a settlement is fair without an attorney’s experience is difficult. You must know the cost of medical procedures and appointments, the extent of your injuries, lost wages, future earning capacity, and more. Consulting with a personal injury attorney can provide valuable insights into whether the offer adequately compensates you for your losses.
Can I Reopen a Personal Injury Settlement After Accepting It?
It depends. Once you sign the general release, you cannot reopen a personal injury settlement. However, if you accepted the settlement but have not signed the contract and/or the release, you may be able to reopen your case. Always speak with a personal injury lawyer before signing any documents.
Why Clients Choose Matz Injury Law
When fighting insurance providers, Matz Injury Law uses its personal injury law experience to help you recover the compensation you deserve—not a lowball amount so the insurance company can increase its profit margin.
Testimonials
“Jared Matz of Matz Injury Law is an excellent attorney. He is very knowledgeable and I would highly recommend him to anyone needing assistance in matters of law. He goes above and beyond for his clients and has wonderful caring attitude.” – Carl R.
“Not only was I contacted back right away after requesting some information online, but Mr. Matz assisted me in making some phone calls on my behalf and got results right away. I did not retain him and he still helped me and offered to do even more. Amazing customer service, very friendly, kind, and personable, and FAST results!!!! I know who I will contact if I ever need an attorney again.” – Karina S.
“My family is grateful for Steve Matz’s professional handling of our case. Steve was very thorough, candid, responsive, and strategic in his approach throughout our legal proceedings. If ever in a situation again like my family has experienced over the past year, we would immediately retain Matz Injury Law to represent our interests. Thank you Steve.” – John S.
Related Resources
- Personal Injury Guide to Pain and Suffering in Michigan: Accidents can cause many types of pain and suffering, including emotional distress and physical pain.
- The Difference Between Personal Injury and Bodily Injury: Personal injury is the legal claim process, while bodily injury encompasses the injuries you suffered due to an accident or incident.
- Michigan Personal Injury Protection Guide: Personal injury protection insurance has six levels of protection in Michigan.
- Does Personal Injury Protection Cover Physical Therapy?: Yes, as physical therapy is a medical expense. However, there may be some limitations to the amount paid, depending on your policy.
Don’t Settle for a Second-Rate Personal Injury Settlement Offer
Did you know you don’t even have to speak to the insurance adjuster when they call? It’s true. Refer them to your lawyer, and let us handle the tricky part. Insurance adjusters will always come off as compassionate and caring at first, but they represent a big corporation out to make a profit. After reviewing your case, they will almost always offer a lowball settlement that often won’t even be enough to allow you to make ends meet, let alone get the treatment you need.
You don’t have to deal with that. Matz Injury Law has decades of experience fighting for people like you and facing down bullying insurance companies. We represent people in Southfield, Ann Arbor, Flint, and all across Michigan. Call us at 866-226-6833 or use our easy online contact form for your free case review today. You owe nothing if we don’t win your case, so you have nothing to lose and everything to gain. We’ve won millions for our clients over the years. Let us stand up and fight for you.
