906-448-4249
Upper Michigan Injury Lawyers
LAYDON LAW GROUP, PLLC
Injury and Wrongful Death
Free consultation meeting - personal injury attorney, Upper Michigan personal injury attorney, Upper Michigan personal injury lawyer, Upper Peninsula personal injury attorney, Upper Peninsula personal injury lawyer
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2021 Laydon Law Group, PLLC. All Rights Reserved. Website by North Country Website Design.

Location

100 West B Street Suite 100 Iron Mountain, MI 49801 Map & Directions

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Laydon Law Group, PLLC Upper Michigan Injury Lawyers (906) 448-4249 info@upinjurylawyers.com

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Car Accidents

Upper Michigan Car Accident Attorneys

Unfortunately, some people take the distractions of their everyday lives with them when they get behind the wheel. The result can be a devastating injury, or even death, to innocent drivers, passengers, bicyclists, motorcycle riders and pedestrians. Injured victims often incur medical expenses, miss time from work, experience pain and suffering, and no longer enjoy life the same as they did prior to the collision. The consequences of a car accident can also have a significant impact on the lives of loved ones of those injured in the crash. While no amount of money can turn back the clock or undo the harm, financial compensation can help put your life back together. Our Upper Peninsula personal injury attorneys can help you and your loved ones get the compensation you deserve. Contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448-4249, info@upinjurylawyers.com, or click here for a free consultation at any time, including nights and weekends.

Questions You May Have Following a Car Accident

After a car crash, you may be asking yourself: Do I need to see a doctor? Who will pay for my injuries? What if I don’t have insurance or can’t afford the deductibles? Will the other driver’s insurance pay for my bills? Will I be compensated if I have to miss work? How do I recover for pain and suffering? Who is responsible for my car repairs? Is a rental car covered by insurance while my car is being fixed? What happens if the other driver denies fault? What happens if the other driver has no insurance? Is the insurance company going to treat me fairly? Our Upper Michigan car accident lawyers can help answer these and other questions you might have, at a time when you need an attorney fighting to protect your rights and to make sure you receive the compensation you deserve.

What to Do Immediately After a Car Accident

There is no one-size-fits-all approach. However, the following steps may provide a helpful checklist of things to consider: Assess your injuries and check on other passengers. Move your vehicle off the road if you can do so safely. Dial 911 in an emergency. Call the police to report the collision. Remain at the scene of the accident. Exchange information with the other driver. Explain the details of the accident to the police. Provide assistance to others if you are able to safely do so. Get treatment from medical personnel who arrive at the scene. Take pictures and document information about the crash. Speak with an Upper Michigan car accident lawyer.

What Does No-Fault Mean and What No-Fault

Benefits am I Entitled To?

Michigan is a no-fault state for car accidents. This means that an individual covered by Michigan’s No-Fault Law is entitled to certain benefits, regardless of who was at fault for causing the collision. Unlike a personal injury lawsuit against an at-fault driver, no-fault benefits are paid by the injured person’s own auto insurance company. No-fault benefits under Michigan’s No-Fault Law are often referred to as PIP (Personal Injury Protection) benefits or first-party benefits. This is in contrast to third-party benefits, which are paid by the other driver’s auto insurer. Michigan no-fault benefits may provide compensation for the following: Past medical expenses. Future medical expenses. Wage loss. Attendant care services. o Examples: Payment to a family member, nurse or home health aide to help with basic needs, including bathing, changing bandages, grooming and dressing. Replacement services. o Examples: Payment to someone to help with household services such as mowing the lawn, tending the garden, babysitting or household chores. Survivor’s loss benefits. o Payment to a dependent of a person killed in a car accident. There are many other aspects of Michigan’s No-Fault Law that are important to understand to fully protect your rights. For example, certain exclusions apply to stolen vehicles, parked cars, uninsured vehicles and out-of-state accidents. These may prevent the injured car accident victim from recovering no-fault benefits. Another point to keep in mind is that no-fault benefits are available only when a motor vehicle is involved in the accident. Cars and trucks are generally considered motor vehicles. However, mopeds, golf carts and off-road vehicles, for example, are not. Even a person injured on a motorcycle may not be entitled to no-fault benefits, unless a car or truck was involved. These are just a couple examples of issues that our car accident attorneys in Michigan’s Upper Peninsula can help you work through.

Can I Sue the Other Driver?

Yes, depending on the seriousness of the injuries. The case must involve death, serious impairment or permanent disfigurement to recover noneconomic damages, including pain and suffering. The injured person may also be able to recover compensation for excess wage loss and excess medical expenses. Recent changes to Michigan’s No-Fault Law have expanded the potential damages, which may be recovered in a lawsuit against the other driver. An Upper Peninsula car accident lawyer can help you navigate the new laws that might affect your case.

How do I Prove the Other Driver Was at Fault?

Negligence

Most car accident cases in Michigan, as elsewhere, allege that the driver of the other vehicle was negligent. This is a claim that the driver of the other car did not operate the vehicle in a reasonably safe and careful manner. To prove your negligence lawsuit in Michigan, you must prove four things: 1. Duty: The other driver owed you a duty to exercise reasonable care in the operation of his or her vehicle. 2. Breach: The other driver breached that duty by failing to act with ordinary and reasonable care under the circumstances. 3. Causation: The misconduct of the other driver caused your injuries. 4. Damages: You did actually suffer damages. Common examples of negligent driving include: Texting or talking while driving. Driving too fast for the conditions. Following another vehicle too closely. Not coming to a complete stop at a stop sign. Not yielding the right of way - for example, pulling out into oncoming traffic. Weaving in and out of traffic. Taking certain medications (even legal ones) before driving. Driving after drinking alcohol or using drugs.

Negligence Per Se

The negligence per se doctrine is another way to establish that the other driver was at fault in an Upper Michigan car accident case. If the injured person can show that the other driver violated a particular traffic law, negligence is presumed. No other evidence of fault is needed. For example, if the injured person can show that the other driver ran a red light, the other driver will automatically be responsible for any harm caused. Importantly, an injured victim can still benefit from the negligence per se doctrine, even if the other driver is not issued a ticket. For example, the injured person could simply testify in court or present other witness testimony that the at-fault driver did not stop at a stop sign. If the jury believes the testimony, the fault of the other driver is established.

What Michigan Traffic Laws Apply to My Auto Accident Case?

While this list does not include every traffic law, some of the Michigan statutes most often violated by drivers include the following: Speeding: MCL § 257.627 requires drivers to operate their vehicles at reasonable speeds and in accordance with posted speed limits. Stop lights: MCL § 257.611 requires drivers to obey traffic control devices, such as, traffic lights. Driving on the right side of the road: MCS § 257.634 requires drivers to use the right half of the roadway, except in certain circumstances, including when passing another vehicle, or when the right lane is closed due to construction. Stopping vehicle on highway: MCL § 257.672 prohibits drivers from stopping their vehicles in the middle of the road when it is possible to stop them elsewhere. Tailgating: MCL § 257.643 prohibits drivers from following other vehicles more closely than is safe and reasonable. Right of way: MCL § 257.649 requires drivers who approach an intersection to yield the right of way to other drivers who have already entered the intersection. Stop signs: MCL § 257.611 requires drivers to stop at stop signs. Turning and turn signals: MCL § 257.648 requires drivers to determine that a turn can be made safely and to signal the intention to turn. Unsafe lane change: MCL § 257.642 requires drivers to only change lanes when it is safe to do so. Driving under the influence: MCL § 257.625 prohibits drivers from operating their cars while intoxicated. This can include drivers who are under the influence of either drugs or alcohol.

What Damages can I Recover from the Other Driver?

Under current Michigan law, recoverable damages in a negligent lawsuit may include: Excess medical expenses. Excess wage loss benefits. Excess attendant care expenses. Excess survivor’s loss benefits. Fright and shock. Loss of enjoyment of life. Embarrassment, mortification and humiliation. Disfigurement and disability. Anxiety. Losses related to the marital or a parent-child relationship, such as love and affection. The following factors may influence the value placed on a car accident case by an insurance company: Whether it was a low or high-speed impact. Whether the vehicle damage was serious or minor. Necessary medical treatment following the crash. The particular insurance company for the injured driver or the at-fault driver. The mindset of the insurance adjusters handling the claim. The amount of medical expenses incurred. The amount of wage loss and impaired earning ability. The effect of the injuries on the person’s day-to-day life. Whether the injuries are permanent. Whether the injured person needs continuing medical care. The ability of the injured person to engage in the same social activities and pleasures as before the accident. The credentials of the doctors and other health care providers rendering treatment. The limits of available insurance. The details of the misconduct of the at-fault party. The skill and experience of the injured person’s car accident lawyer.

What Time Limits Are Applicable to My Michigan Car Accident Case?

Timing is critical. It can be the difference between obtaining the recovery you deserve and no recovery at all. The following are some of the deadlines that may be applicable to your claim: You must give notice of your injury to your own insurance company within one (1) year from the date of the accident to recover no-fault benefits, e.g., medical expenses and wage loss. If your own insurance company wrongly denies your claim for no-fault benefits, you have one (1) year from the date of formal denial to sue your insurance company for no-fault benefits. Under MCL § 600.5805, you generally have three (3) years from the date of the crash to sue the other driver for excess medical expenses, excess wage loss and noneconomic damages, including pain and suffering, among other things. Note that other deadlines may apply, including when bringing claims against governmental entities.

Have Your Upper Michigan Car Accident Case Evaluated at No Cost

Our Upper Peninsula car accident attorneys can help you determine applicable deadlines, the proper parties to sue when necessary, available sources of payment and legal theories to pursue. We can analyze your case and inform you of your options at no cost. If we do take your case, we only earn a fee if we recover for you. If we are not successful, it costs you nothing. If you or a loved one were injured in a car crash, contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448-4249, info@upinjurylawyers.com, or click here for a free consultation.
CAR ACCIDENTS TRUCK ACCIDENTS MOTORCYCLE ACCIDENTS BICYCLE ACCIDENTS SLIP & FALL & PREMISES LIABILITY DOG BITES MEDICAL MALPRACTICE WRONGFUL DEATH
If you were injured in a car accident, contact Laydon Law Group, the Upper Michigan Injury Lawyers, Upper Peninsula car accident attorneys.
LAYDON
LAW GROUP, PLLC
Next Page: Truck Accidents Next Page: Truck Accidents
Upper Michigan Injury Lawyers
LAYDON LAW GROUP, PLLC
Injury and Wrongful Death
Free Consultation car accident lawyer, truck accident lawyer, motorcycle accident lawyer, slip and fall lawyer, wrongful death lawyer, medical malpractice lawyer, Premises Liability lawyer
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2021 Laydon Law Group, PLLC. All Rights Reserved. Website by North Country Website Design.

Location

100 West B Street Suite 100 Iron Mountain, MI 49801 Map & Directions

Contact Us Today!

Laydon Law Group, PLLC Upper Michigan Injury Lawyers (906) 448-4249 info@upinjurylawyers.com

Car Accidents

Upper Michigan Car

Accident Attorneys

Unfortunately, some people take the distractions of their everyday lives with them when they get behind the wheel. The result can be a devastating injury, or even death, to innocent drivers, passengers, bicyclists, motorcycle riders and pedestrians. Injured victims often incur medical expenses, miss time from work, experience pain and suffering, and no longer enjoy life the same as they did prior to the collision. The consequences of a car accident can also have a significant impact on the lives of loved ones of those injured in the crash. While no amount of money can turn back the clock or undo the harm, financial compensation can help put your life back together. Our Upper Peninsula personal injury attorneys can help you and your loved ones get the compensation you deserve. Contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448-4249, info@upinjurylawyers.com, or click here for a free consultation at any time, including nights and weekends.

Questions You May

Have Following a Car

Accident

After a car crash, you may be asking yourself: Do I need to see a doctor? Who will pay for my injuries? What if I don’t have insurance or can’t afford the deductibles? Will the other driver’s insurance pay for my bills? Will I be compensated if I have to miss work? How do I recover for pain and suffering? Who is responsible for my car repairs? Is a rental car covered by insurance while my car is being fixed? What happens if the other driver denies fault? What happens if the other driver has no insurance? Is the insurance company going to treat me fairly? Our Upper Michigan car accident lawyers can help answer these and other questions you might have, at a time when you need an attorney fighting to protect your rights and to make sure you receive the compensation you deserve.

What to Do Immediately After a Car

Accident

There is no one-size-fits-all approach. However, the following steps may provide a helpful checklist of things to consider: Assess your injuries and check on other passengers. Move your vehicle off the road if you can do so safely. Dial 911 in an emergency. Call the police to report the collision. Remain at the scene of the accident. Exchange information with the other driver. Explain the details of the accident to the police. Provide assistance to others if you are able to safely do so. Get treatment from medical personnel who arrive at the scene. Take pictures and document information about the crash. Speak with an Upper Michigan car accident lawyer.

What Does No-Fault Mean and

What No-Fault Benefits am I

Entitled To?

Michigan is a no-fault state for car accidents. This means that an individual covered by Michigan’s No-Fault Law is entitled to certain benefits, regardless of who was at fault for causing the collision. Unlike a personal injury lawsuit against an at-fault driver, no-fault benefits are paid by the injured person’s own auto insurance company. No-fault benefits under Michigan’s No-Fault Law are often referred to as PIP (Personal Injury Protection) benefits or first-party benefits. This is in contrast to third-party benefits, which are paid by the other driver’s auto insurer. Michigan no- fault benefits may provide compensation for the following: Past medical expenses. Future medical expenses. Wage loss. Attendant care services. o Examples: Payment to a family member, nurse or home health aide to help with basic needs, including bathing, changing bandages, grooming and dressing. Replacement services. o Examples: Payment to someone to help with household services such as mowing the lawn, tending the garden, babysitting or household chores. Survivor’s loss benefits. o Payment to a dependent of a person killed in a car accident. There are many other aspects of Michigan’s No- Fault Law that are important to understand to fully protect your rights. For example, certain exclusions apply to stolen vehicles, parked cars, uninsured vehicles and out-of-state accidents. These may prevent the injured car accident victim from recovering no-fault benefits. Another point to keep in mind is that no-fault benefits are available only when a motor vehicle is involved in the accident. Cars and trucks are generally considered motor vehicles. However, mopeds, golf carts and off-road vehicles, for example, are not. Even a person injured on a motorcycle may not be entitled to no-fault benefits, unless a car or truck was involved. These are just a couple examples of issues that our car accident attorneys in Michigan’s Upper Peninsula can help you work through.

Can I Sue the Other Driver?

Yes, depending on the seriousness of the injuries. The case must involve death, serious impairment or permanent disfigurement to recover noneconomic damages, including pain and suffering. The injured person may also be able to recover compensation for excess wage loss and excess medical expenses. Recent changes to Michigan’s No-Fault Law have expanded the potential damages, which may be recovered in a lawsuit against the other driver. An Upper Peninsula car accident lawyer can help you navigate the new laws that might affect your case.

How do I Prove the Other Driver

Was at Fault?

Negligence

Most car accident cases in Michigan, as elsewhere, allege that the driver of the other vehicle was negligent. This is a claim that the driver of the other car did not operate the vehicle in a reasonably safe and careful manner. To prove your negligence lawsuit in Michigan, you must prove four things: 1. Duty: The other driver owed you a duty to exercise reasonable care in the operation of his or her vehicle. 2. Breach: The other driver breached that duty by failing to act with ordinary and reasonable care under the circumstances. 3. Causation: The misconduct of the other driver caused your injuries. 4. Damages: You did actually suffer damages. Common examples of negligent driving include: Texting or talking while driving. Driving too fast for the conditions. Following another vehicle too closely. Not coming to a complete stop at a stop sign. Not yielding the right of way - for example, pulling out into oncoming traffic. Weaving in and out of traffic. Taking certain medications (even legal ones) before driving. Driving after drinking alcohol or using drugs.

Negligence Per Se

The negligence per se doctrine is another way to establish that the other driver was at fault in an Upper Michigan car accident case. If the injured person can show that the other driver violated a particular traffic law, negligence is presumed. No other evidence of fault is needed. For example, if the injured person can show that the other driver ran a red light, the other driver will automatically be responsible for any harm caused. Importantly, an injured victim can still benefit from the negligence per se doctrine, even if the other driver is not issued a ticket. For example, the injured person could simply testify in court or present other witness testimony that the at- fault driver did not stop at a stop sign. If the jury believes the testimony, the fault of the other driver is established.

What Michigan Traffic Laws Apply to My

Auto Accident Case?

While this list does not include every traffic law, some of the Michigan statutes most often violated by drivers include the following: Speeding: MCL § 257.627 requires drivers to operate their vehicles at reasonable speeds and in accordance with posted speed limits. Stop lights: MCL § 257.611 requires drivers to obey traffic control devices, such as, traffic lights. Driving on the right side of the road: MCS § 257.634 requires drivers to use the right half of the roadway, except in certain circumstances, including when passing another vehicle, or when the right lane is closed due to construction. Stopping vehicle on highway: MCL § 257.672 prohibits drivers from stopping their vehicles in the middle of the road when it is possible to stop them elsewhere. Tailgating: MCL § 257.643 prohibits drivers from following other vehicles more closely than is safe and reasonable. Right of way: MCL § 257.649 requires drivers who approach an intersection to yield the right of way to other drivers who have already entered the intersection. Stop signs: MCL § 257.611 requires drivers to stop at stop signs. Turning and turn signals: MCL § 257.648 requires drivers to determine that a turn can be made safely and to signal the intention to turn. Unsafe lane change: MCL § 257.642 requires drivers to only change lanes when it is safe to do so. Driving under the influence: MCL § 257.625 prohibits drivers from operating their cars while intoxicated. This can include drivers who are under the influence of either drugs or alcohol.

What Damages can I Recover from

the Other Driver?

Under current Michigan law, recoverable damages in a negligent lawsuit may include: Excess medical expenses. Excess wage loss benefits. Excess attendant care expenses. Excess survivor’s loss benefits. Fright and shock. Loss of enjoyment of life. Embarrassment, mortification and humiliation. Disfigurement and disability. Anxiety. Losses related to the marital or a parent-child relationship, such as love and affection. The following factors may influence the value placed on a car accident case by an insurance company: Whether it was a low or high-speed impact. Whether the vehicle damage was serious or minor. Necessary medical treatment following the crash. The particular insurance company for the injured driver or the at-fault driver. The mindset of the insurance adjusters handling the claim. The amount of medical expenses incurred. The amount of wage loss and impaired earning ability. The effect of the injuries on the person’s day- to-day life. Whether the injuries are permanent. Whether the injured person needs continuing medical care. The ability of the injured person to engage in the same social activities and pleasures as before the accident. The credentials of the doctors and other health care providers rendering treatment. The limits of available insurance. The details of the misconduct of the at-fault party. The skill and experience of the injured person’s car accident lawyer.

What Time Limits Are Applicable to

My Michigan Car Accident Case?

Timing is critical. It can be the difference between obtaining the recovery you deserve and no recovery at all. The following are some of the deadlines that may be applicable to your claim: You must give notice of your injury to your own insurance company within one (1) year from the date of the accident to recover no- fault benefits, e.g., medical expenses and wage loss. If your own insurance company wrongly denies your claim for no-fault benefits, you have one (1) year from the date of formal denial to sue your insurance company for no- fault benefits. Under MCL § 600.5805, you generally have three (3) years from the date of the crash to sue the other driver for excess medical expenses, excess wage loss and noneconomic damages, including pain and suffering, among other things. Note that other deadlines may apply, including when bringing claims against governmental entities.

Have Your Upper Michigan Car

Accident Case Evaluated at No Cost

Our Upper Peninsula car accident attorneys can help you determine applicable deadlines, the proper parties to sue when necessary, available sources of payment and legal theories to pursue. We can analyze your case and inform you of your options at no cost. If we do take your case, we only earn a fee if we recover for you. If we are not successful, it costs you nothing. If you or a loved one were injured in a car crash, contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448-4249, info@upinjurylawyers.com, or click here for a free consultation.
Car Accidents - Laydon Law Group
CAR ACCIDENTS TRUCK ACCIDENTS MOTORCYCLE ACCIDENTS BICYCLE ACCIDENTS SLIP & FALL & PREMISES LIABILITY DOG BITES MEDICAL MALPRACTICE WRONGFUL DEATH
LAYDON
LAW GROUP, PLLC
Next Page: Truck Accidents Next Page: Truck Accidents Laydon Law Group, U.P. Injury Lawyers, on Google - Michigan personal injury attorney, lawyer for injured, lawyer Upper Peninsula, Attorney Upper Peninsula, Lawyer Upper Michigan, Attorney Upper Michigan