Any driver behavior that diverts their attention from the road can be viewed as negligent behavior and make them liable if they cause an accident that seriously injures or kills others. If that happens, victims deserve compensation for their medical bills, lost income, pain and suffering, destroyed or damaged property, and other damages, including surviving family members if a loved one was killed. But receiving this fair compensation is not guaranteed, which is why a Monroe car accident attorney at Gallon, Takacs, Boissoneault & Schaffer can help protect your rights, just as we have done aggressively in Michigan for over 60 years.
The overwhelming majority of vehicle accident claims are paid by an insurance company. Michigan’s “no-fault” auto insurance structure calls for both drivers in any accident to be protected financially through “first—party benefits” (those directly involved). No-fault benefits are paid by each driver’s insurance carrier. Drivers are required by state law to carry the following minimum insurance coverages:
First-party benefits include medical bills and associated costs, attendant care (such as therapeutic services), replacement services, and lost wages. But no-fault benefits do not cover property damage or pain and suffering. It’s not difficult to understand why many times, state minimums seldom provide enough protection in severe injury or wrongful death cases. So once your insurance is exhausted, who pays the difference? Most likely, it’s the negligent driver who caused the accident.
So in order to be compensated fairly, the best avenue is to find an experienced Monroe Car Accident Attorney to file a claim against the “at-fault” driver’s insurance company to receive a fair settlement, or if feasible, take them to court to win rightful damages through a civil lawsuit. But Michigan law prohibits injured victims (or their survivors) from going to court unless the victim suffered:
But for an injured victim to receive a full and fair compensation amount, he or she must be completely blameless for the accident. Otherwise, Michigan’s “comparative fault” rules will affect the amount the plaintiff victim receives. So if the injured victim was 30 percent responsible for the accident, he or she can receive only 70 percent of the amount for any non-economic damages due to him or her (pain and suffering, physical impairment, disfigurement, or loss of consortium).
In many instances, when drivers only need to recover some of the economic losses from a car accident – usually damage or replacement to their car and property in it that was destroyed – mini-tort damages might help. But there are restrictions, and the recovery amount is also subject to Michigan’s comparative fault law. This law can be confusing and the help of a Monroe Car Accident Attorney can help you make the best decisions.
Injured car accident victims have three years from the date of the accident to file any civil lawsuits they and their lawyers deem feasible. There are no caps (or limits) on the amount of damages injured victims or their surviving family members may seek. But if insurance coverage limits are not adequate to satisfy damage demands, the liable driver may have to pay the balance of any civil judgment against them with personal assets.
Regardless of the nature of a vehicle accident, when serious injuries are the result, it places undue financial, emotional and physical stress on the victims and their families. This is why often – after being injured in a car wreck – victims may be forced to seek compensation from the liable driver’s insurance company or a third party if investigations uncover that an auto manufacturer or repair shop’s defects may have contributed to the wreck.
For more than 60 years, the Monroe, Michigan car accident attorneys at Gallon, Takacs, Boissoneault & Schaffer Co., L.P.A., have protected the rights of car accident victims and their families throughout Southeast Michigan, and identified all negligent parties that are liable for victim injuries. If you need legal assistance, contact us for a free consultation at 419-843-6663 or fill out our online contact form.
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Hunter suffers shotgun wounds to leg in hunting accident – $300,000 (insurance limits)
Young father and husband suffers crush injuries from defective cornpicker – $475,000
Man struck and killed when bolt breaks on grain auger – $400,000
Fall on black ice at apartment complex and suffers severe and permanent nerve damage – $700,000
Blind man falls on steps at rented property resulting in severe injuries – $450,000
17 year old paralyzed after second floor porch rail fails resulting in fall to concrete below – $400,000 (insurance limits)
$725,000 – Neurosurgeon negligence resulting in permanent injury
$300,000 – Obstetric nurse failed to recognize signs of fetal distress, resulting in the death of the fetus
$275,000 – Family physician negligently failed to treat infection in a patient with prosthetic heart valve resulting in death
Family practice physician failed to recognize and treat MRSA infection, resulting in serious injury for woman requiring skin grafting and permanent need for pain medication – $225,000
$900,000 – Single adult male struck by transit authority bus, resulting in death
$400,000 (sued employer) – Man falls to death at work from fixed ladder that did not meet OSHA safety requirements
$400,000 – Claim for family in electrocution death of 17 year old boy
$400,000 (bankrupt default) – Man crushed to death in giant stamping press when safety switch fails
$2,250,000 – Young husband and father suffers permanent disabling injuries when backed over by a front end loader
$1,000,000 (policy limits) – Man dies following severe burns in steel mill ladle incident –
$750,000 – Man severely injured when pallets that are improperly loaded, fall and strike him in the head
$400,000 – Electrical pole falls at jobsite, causing severe injury
$390,000 – Bolt from cut off steel beam falls from rafter, striking worker below, causing neck injury
$300,000 (bankrupt default) – Man killed on unguarded automatic welding machine
$300,000 – Improperly guarded production line press fires unexpectedly, causing partial loss of three fingers
$265,000 – Man suffers severe ankle and leg fracture following fall from roofing job after employer failed to provide fall prevention safety equipment
$1,000,000 (policy limits) – Retired autoworker suffers leg amputation and severe injury to other leg and arm when semi truck swerves left of center and hits small pickup head on
$650,000 – Construction worker on way to job site critically injured when semi truck overturns on Ohio turnpike entrance ramp
$600,000 – Semi truck runs red light, causing collision and causing arm injuries, multiple surgeries and permanent limitations
$2,500,000 – Pick up truck loses control on icy turnpike, causing violent crash resulting in disabling injuries Learn More
$1,250,000 – Truck pulling equipment trailer fails to yield at stop sign and kills motorcycle rider
$2,440,000 – Truck driver suffers crush injury to foot, when steel falls from loaded trailer
$2,250,000 – Wrongful death of man at construction site due to crane accident
$1,500,000 – Injury at construction site, resulting in broken leg, multiple surgeries and nerve damage
$1,100,000 – Crane failure resulting in death
$800,000 – Construction worker falls to death at steel mill construction project through unguarded opening in catwalk 50 feet off the ground
$700,000 – Crane injury at construction site, resulting in nerve damage
$700,000 – Wrongful death of worker at jobsite by defective crane
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