A large truck crash can be devastating, derailing your life at the moment of impact. In the aftermath, you might be wondering whether you have grounds to take action against the at-fault parties. While recovering compensation won’t undo the trauma you’ve endured, it can give you the funds you need to get your life back on track.
Let’s look at a few common signs that you might have a compelling truck accident case:
1. You Weren’t Entirely to Blame for Causing the Wreck
Michigan is a no-fault state, so after a collision you will usually file a claim with your own insurance provider to recover compensation for losses such as your medical bills, lost income, and replacement services. However, to receive a financial award for non-economic damages such as pain and suffering, you will need to file a claim against the other party/parties involved.
You will only receive compensation in such situations if you can prove that you were 50% or less responsible for the wreck. The state has adopted a “modified comparative negligence system” so your financial award for intangible losses will usually be reduced by your percentage share of liability.
2. You Suffered Severe Injuries
To file a third-party claim in Michigan, you will need to prove that your injury meets the state’s threshold for taking action. Criteria for a “bodily threshold injury” are as follows:
- The impairment caused by your injuries has objectively manifested, i.e., it can be seen or perceived based on actual symptoms or conditions;
- The injury has affected an important body function; and
- The injury has affected your ability to lead a normal life.
3. You Incurred Recoverable Damages as a Direct Result of the Wreck
Personal injury payouts are intended to reimburse victims for losses stemming from an accident caused by another party. As such, you will need to prove that you incurred actual damages as a direct result of the collision.
In the state, you can recover compensation for a variety of damages by filing either a first- or third-party claim, such as:
- Lost income
- Medical bills
- Diminished earning potential
- Replacement services
- Vehicle and home modifications
- Property repairs
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
4. You Haven’t Missed Important Deadlines
In Michigan, you have a certain amount of time to take legal action against another party after a wreck. In most situations, you’ll have up to three years after you suffered your injuries to file a claim. Attempting to seek damages outside of this deadline will likely result in your case being thrown out.
There is also a strict deadline for reporting an accident to your insurer. In most cases, you will have a one-year time limit to notify your provider and initiate settlement proceedings. Filing outside of this timeframe will likely result in your insurer refusing to process your claim.
Discuss Your Case with a Detroit Truck Accident Attorney
A serious truck wreck can put immense strain on your mental, physical, and financial well-being. At Seva Law Firm, we can help alleviate stress during this challenging chapter of your life, grabbing the reins and overseeing the logistics of your case so you can focus on other matters.
Through the years, we’ve secured more than $100 million in settlements and verdicts for accident victims throughout the state. Contact us today at (248) 385-5704 or drop us a message HERE to lock in a free case evaluation with a Detroit truck accident attorney.
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