Detroit Car Accident Attorneys

If you want to obtain a copy of a police report after an accident, you will contact the records division of the police department that responded to the scene. Remember that while it is common to refer to the paperwork that police create after an accident as a “police report,” these documents are also referred to as “accident reports.”

While the process is very similar in most cities, there are slight differences in how police departments handle record requests. Most police departments allow you to purchase a copy of an accident report online for a small fee. For example, you can obtain a copy of a Detroit accident report if you have the following information:

• The exact date of the accident
• Where the accident occurred
• A driver’s license
• $10,00 cash or money order

You can visit the Records and Reports Department of the Detroit Police Department, located at 2875 W. Grand Blvd, Detroit, Michigan. Alternatively, the police department set up a website allowing you to purchase a copy of the report online.

While some accidents are cut-and-dry when it comes to determining who was at fault, many are not. Who decides which party is at fault depends on where a case is in the process. Initially, the other driver’s insurance company will make a fault determination when reviewing your claim. The insurance company will use this figure to determine whether it wants to extend a settlement offer and, if so, in what amount. However, if you reject the insurance companies offer (or it does not make one), you can file a personal injury lawsuit.

In a car accident case involving two or more parties who each share some level of responsibility for a collision, the jury is typically responsible for assigning fault percentages. In some cases, the judge may sit as both the trier of fact and the trier of law, in which case the judge would determine the fault of each party. However, this is rare in Michigan personal injury cases, as most are tried in front of a jury.

Fault percentages are critically important because, under Michigan’s modified comparative negligence law, injury victims who are partially at fault for causing an accident will have their damages award reduced by their percentage of fault. However, sharing responsibility for an accident will not prohibit you from obtaining compensation altogether unless you were found to be more than 50 percent responsible for the accident.

For example, assume Bob was injured in a car accident with Lisa. Bob was not hurt, but Lisa suffered damages of $400,000. If the jury determined Bob was 80 percent responsible for the accident and Lisa 20 percent responsible, Lisa’s damages would be $320,000 instead of $400,000. However, if the jury found that Lisa was 55 percent responsible and Bob 45 percent responsible, Lisa would not recover anything for her injuries.

If you or a loved one has been injured in a Detroit car accident, a dedicated personal injury lawyer can explain your rights so you can make the best decision for yourself and your family. Sommers Schwartz is a nationally recognized Michigan car accident law firm with a long history of success. The firm offers free consultations to all accident victims and can be reached at https://www.sommerspc.com.

If you were injured in a motor vehicle collision, it is crucial to report the accident as soon as possible because any delay in reporting the accident may make it much more difficult to recover compensation for your injuries in the future. To understand why this is the case, it is important to discuss the personal injury recovery process.

After an accident, you can file a claim with the other driver’s insurance company seeking compensation for your injuries. In the immediate aftermath of an accident, you may be unaware that you suffered injuries because adrenaline runs high. However, within a few days, you may notice pain and soreness that you did not experience right after the accident. The same goes for any property damage to your vehicle – you might not see the damage until things have calmed down a bit.

If you filed an accident report, it would make it easier to prove that your injuries and damage to your vehicle resulted from the accident and not due to some unrelated incident. Insurance companies are always looking for ways to deny a claim or limit the amount of money they pay accident victims. If you wait to file a police report, this opens the door for the insurance company to argue that your injuries were not that serious. The insurance company may even claim that the accident did not occur or that your injuries were due to something else entirely.

Police reports also contain important information that can help your attorney investigate the accident and prove your claim. For example, an accident report will include the officer’s assessment of the accident and the names of any witnesses. In some cases, the responding police officer will take pictures or draw a diagram of the accident.

If you have been injured in a car accident, you can pursue compensatory damages for any injuries you sustained. Compensatory damages provide you with money to make up for the accident's effect on your life. There are two types of compensatory damages: economic and non-economic damages.

Economic damages cover those out-of-pocket expenses that you incurred as a direct result of the accident. For example, the following are common forms of economic damages in a car accident case:

• Medical bills
• Future medical expenses
• Lost wages
• Decrease in earning capacity
• Property damage

Economic damages are objective and can typically be shown by presenting evidence of treatment, medical bills, paychecks, work logs, and receipts. It is crucial to conduct a thorough review of all of your accident-related expenses, so you do not miss a category of damages.

Non-economic damages are more subjective, as they compensate you for the accident's mental and psychological impact on your life. Common types of non-economic damages in a car accident lawsuit may include:

• Physical pain and suffering
• Mental anguish
• Reduced enjoyment of life
• Scarring and other physical disfigurements

Unlike economic damages, non-economic damages are not easily assigned a monetary value. Thus, it is essential to present evidence of non-economic damages compellingly to ensure that you are fairly compensated for the full extent of your damages.

In some cases, courts may award exemplary damages to an accident victim where the other driver's conduct was willful or malicious. Exemplary damages are similar to punitive damages in that they provide additional compensation to accident victims. However, the intent behind an award of exemplary damages is not to punish the defendant but to further compensate the accident victim based on the defendant's egregious conduct.

Obtaining prompt medical care after an accident is extremely important, not only to your health but also to your ability to receive fair compensation for your injuries. When you meet with your doctor after an accident, consider asking the following questions.

What are my injuries?

To make a full recovery, it is imperative that you understand the full extent of your injuries. Your doctor will likely give you a medical diagnosis after an accident. However, unless you have a medical background, a diagnosis on its own may not help you understand what happened. Ask the doctor to explain your injuries in plain English.

How will my injuries affect my life?

Some injuries heal entirely over time, while others result in lingering symptoms that can significantly impact your life well into the future. It is crucial that you understand the full effect of your injuries because you do not want to do anything to make your injuries worse or delay your recovery time. You should also ask your doctor what limitations you should expect to experience now, as well as in the future.

What caused my injuries?

If you are visiting a doctor after a car accident, it is safe to say that your injuries were caused by the accident. However, your doctor may be able to give you more specifics about what caused your injuries. For example, if you broke your leg in a car accident, what caused the break? While your doctor may not provide you with a definitive answer, it cannot hurt to ask.

Do I need a follow-up visit?

Your doctor will tell you if they want you to come back in for a follow-up visit. However, if you have concerns that your doctor did not address and may require an additional visit in the near future, do not hesitate to address this. Also, if your doctor does schedule a follow-up visit, be sure not to skip the appointment, as this may indicate that your injuries were not as serious as you claimed them to be.

When can I go back to work?

After an accident, it is imperative that you give yourself adequate time to heal. At the same time, you do not want to miss any more work than necessary. Ask your doctor when they expect you will return to work and if they think you may need special accommodations or temporary reassignment to a light-duty position.

Can I have a copy of my medical records?

Obtaining a copy of your medical records is important because this is how you will prove your injuries if you choose to file a personal injury lawsuit. Doctors must provide you with your medical records upon request; however, you may need to fill out a medical release form or other paperwork.

The best way to succeed in your car accident case is to be credible and prepared. Immediately after an accident, call 911 and obtain medical attention for any injuries you suffered. Next, take pictures of the scene, the damage to any involved vehicles, and your injuries. Evidence is critical to winning a car accident case.

You also will want to contact a car accident attorney at Sommers and Schwartz as soon as possible. They can listen to the details of your case, examine the evidence and give individualized advice on how best to proceed with the case. Your attorney will fight for you and your right to be compensated after a car accident.

Car accidents can cause many economic and noneconomic losses. Recovering compensation for all these losses often becomes challenging, as insurance companies do not like to pay for things like pain and suffering or emotional trauma. However, having an attorney handle your lawsuit leads to a bigger payout, as they can negotiate the best settlement possible on your behalf.

The car accident attorneys at Sommers Schwartz work on a contingency fee basis, meaning you only pay us if we successfully settle the case. This allows you to have exceptional legal representation as you pursue a car accident lawsuit without worrying about the cost.

In states with no-fault accident laws, your own auto insurance company will pay you for damages from an accident regardless of who caused it as opposed to filing an accident claim with the negligent party’s insurance company. As of July 2020, Michigan allows drivers to choose the amount of personal injury protection included in their policy. Sometimes this makes it hard to cover the expenses incurred in a serious accident.

No-fault insurance laws are complicated. Contact an experienced Michigan accident attorney at Sommers Schwartz for a consultation after an accident to help you recover the full compensation for your damages.

Michigan is a no-fault accident state, so your own insurance company will pay you for your damages. However, if the amount of personal injury protection (PIP) on your policy is not enough to cover the full amount of your damages, you could sue the other driver for any remaining damages if they caused the accident.

For example, if your insurance policy has a PIP benefit cap of $250,000 and your medical bills after an accident are $500,000, you will receive $250,000 from your insurance. You can then file a lawsuit against the other driver for the remaining $250,000. If you can show that the other motorist was negligent and that that negligence led to your accident and injuries, the odds of successfully resolving a lawsuit are in your favor.

The statute of limitations in Michigan grants one year from the date of the accident to file a claim for no-fault insurance policy benefits and three years to sue another party for pain and suffering and any excess damages beyond PIP coverage. If you do not file within these timeframes, your claim will be dismissed, and you will lose your right to compensation.

Although this seems like plenty of time to file a claim, it is crucial to contact an experienced car accident attorney as soon as possible. Building a strong case takes time and is critical to the success of your claim.