When you have suffered debilitating injuries after being involved in a motor vehicle crash, your entire life could be changed. You may be stuck dealing with severe emotional trauma, critical physical damages, and astronomical financial losses. It is important to hold the liable party accountable, so you are not stuck covering these costs.
Although the claims process can be overwhelming, when you have an experienced Saginaw car accident lawyer from White Law PLLC on your side, you can breathe easier. Our firm will handle all the legal details so you can focus your attention on recuperating. Contact our office for a free consultation today and learn more about what you should expect from your car accident insurance and civil claims.
Legal Guidance After a Car Accident in Saginaw
When you have been involved in a collision, your car accident lawyer in Saginaw, MI will be responsible for figuring out what to do next. In fact, it is one of our top priorities. There are multiple legal options that may be available to you, depending on the circumstances of your case.
Some of the most common ways injury victims go about recovery compensation for their damages include:
- Filing a claim with their own auto insurance company after purchasing no-fault or personal injury protection (PIP) coverage
- Filing an insurance claim with the liable party’s insurance company
- Filing a civil lawsuit against the individual or entity responsible for causing your injuries
What if the Defendant didn’t Have Insurance?
In some instances, defendants will not carry auto insurance or any other type of insurance coverage. If this happens, you may not have the opportunity to file an insurance claim unless you purchased your own no-fault coverage.
When the defendant is under or uninsured, you may have the opportunity to file a civil lawsuit against them. This gives you your greatest opportunity to recover your damages in full. However, for your lawsuit to be successful, liability will need to be established.
Causes of Car Crashes You Can Sue for
There are multiple ways in which car accidents in Saginaw can occur. Some of the parties that may share liability for your damages include:
- Negligent drivers – Unsafe driving practices, such as distracted driving, drowsy driving while impaired, speeding, following too closely, road rage, and other traffic violations, are all known for causing car accidents.
- Auto parts, designers, manufacturers, and distributors – When motor vehicle parts are defective or malfunction in any way, virtually anyone involved in the distribution, production, or manufacture of these parts could share fault.
- Government authorities and municipalities – If the city of Saginaw, the Michigan Department of Transportation, or other government agencies failed to make necessary road repairs and dangerous road conditions ultimately caused your collision, they could be responsible for compensating you.
Our car accident lawyers are here to thoroughly investigate liability in your case so we can ensure all potential at-fault parties are held accountable to the fullest extent of the law.
Your Fight Is Our Fight
Grounds for a Saginaw Car Accident Claim
Many car accident victims have concerns that their cases will not be taken seriously. No one wants to be accused of filing a frivolous car accident claim. However, for you to have grounds for a car crash lawsuit, your Saginaw car accident attorney will need to prove negligence and liability, and meet the burden of proof. Here is more:
The Burden of Proof
The burden of proof in car accident claims is based on a preponderance of the evidence. The evidence presented at trial must convince the jury that the defendant is more likely than not responsible for causing injuries.
There are many types of evidence that could be used to prove liability following a car accident in Saginaw. Examples could include:
- Video footage of the collision
- Photos of your car accident injuries
- Analysis from the vehicle’s black box data
- Reports from accident reconstructionists
- Police and car accident reports
- The defendant’s chemical blood alcohol test results
- The defendant’s cell phone records
- Copies of your medical records
- Witness and bystander statements
- Testimony from expert witnesses
These are only a few of the different types of evidence that could be used to support your case. Our car accident attorneys in Saginaw will work diligently to gather the compelling evidence we need to successfully meet this burden of proof.
Proving Negligence
Your car accident attorney in Saginaw, MI is responsible for proving negligence. Here, we will need to show that the elements of negligence have been met. These include:
- Duty of care – The defendant had a responsibility to help ensure your safety, such as all motorists owe to other drivers and passengers.
- Breach of duty – The defendant made a decision or failed to take action, thereby breaching this obligation, such as drinking and driving or distracted driving.
- Causation – The defendant’s breach in the duty of care caused you to suffer damages or injuries.
- Damages – Your life was significantly affected by the car accident you were involved in, such as physical injuries, emotional trauma, or financial losses.
We’re not just lawyers. We’re passionate advocates who will ensure that your voice is heard and your rights are protected.
Statute of Limitations for Saginaw Car Accident Claims
It is important to get your car accident lawsuit filed before the statute of limitations expires. Unfortunately, the Michigan statute of limitations is incredibly strict. If your claim is not filed before time runs out, you no longer have the right to have your case heard in civil court.
However, there may also be other deadlines in place, such as those set forth by the insurance company, that could have an impact on your ability to recover compensation. For this reason, it is critical that you contact your attorney to get started on your case as soon as possible. That way, you do not have to worry about being barred from recovering the compensation you deserve.
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