Most car crash claims are finalized once both sides have agreed to a settlement. Sometimes, however, accident victims may feel they were not fully compensated for the injuries and losses they suffered. This situation may leave some victims wondering if they have any further options for recovering compensation. Can they still file a lawsuit once they have agreed to a settlement?
Once you accept a settlement, you typically give up the right to seek additional damages through a lawsuit. However, there may be situations that allow you to file a lawsuit after reaching a settlement.
Jay Trucks talks about what happens when crash victims agree to a settlement and when you may or may not be able to file a lawsuit.
If you have been injured in a Michigan car crash and need answers to your legal questions, call our law offices 24/7. Our traffic accident lawyers in Grand Rapids have extensive experience with car crash claims, and we are ready to help.
Case Reviews are FREE. 989-244-0356
The settlement negotiations phase can take some time to conclude. After reaching an agreed settlement, crash victims will be asked to sign a binding agreement. This agreement includes a release form that confirms you will take no further legal action against the defendant.
Perhaps you have only given a verbal approval and have not yet signed any binding agreement or liability waiver. If so, you may still be able to get out of this settlement.
In Michigan, a settlement becomes binding if and when it:
Once a settlement becomes binding, the injured victim cannot take further legal action against the defendant. This is why we so strongly recommend working with a qualified attorney when seeking compensation for your injuries. Without this level of experienced legal help, it is easy for insurance companies to get away with making a substandard offer that is far below the value of your claim.
There are always some exceptions to the law, but they are complex and difficult to prove. In any of these situations, you will need an experienced attorney in your corner.
These exceptions include:
This is a serious accusation that can be very difficult to prove. There are certain elements that must be established to prove that there was fraudulent misrepresentation, including proving:
If multiple parties were involved and contributed to causing your crash, you may have legal options for seeking additional compensation. Perhaps, for instance, you did not know a third party contributed to your crash until after the agreement was signed.
A couple of things that could prevent you from filing claims against additional parties in this situation include:
There are several steps you should take before agreeing to any settlement offer. First and foremost, we do not recommend ever taking the first offer made by the insurance company. It is important to remember that their goals are different than yours. Insurance companies fight to pay out as little as possible to maintain their bottom line.
Personal injury lawyers have the same goal as you do – to obtain the maximum amount of compensation available for your damages.
Therefore, your first call is best made to an attorney. Our team of legal professionals is ready to help you protect and maximize your claim from day one.
Additional steps to remember:
Be sure to contact our firm to schedule an initial consultation before accepting any settlement offer. There is no charge for this meeting, and there is also no obligation to hire our services.
In your free case review, one of our qualified attorneys is ready to review the unique circumstances of your situation and discuss your potential legal options.
If we represent you, there is nothing to pay us up front or while we manage your case. We only get paid our fee if we win your case.
We Fight for Maximum Compensation. 989-244-0356
Michigan’s no-fault benefits help policyholders to pay for injuries and other losses after a traffic accident, regardless of who caused the crash. One of the no-fault benefits includes coverage for all related medical expenses. After an accident, victims may be confused about the medical expense benefit and often have questions about how it works and what it covers.
Below, Jay Trucks answers some of the most common questions about medical expense benefits in Michigan. Read on to learn more about what they are, how to claim coverage and what you can do if these benefits are denied.
Our auto accident lawyers in Grand Rapids have decades of experience helping injured victims throughout Michigan. We understand the importance of getting compensation for your medical costs after a car crash, and we are ready to help. Call for your 100 percent FREE case review to learn more about what we can do for you.
Experienced. Local. Lawyers. (800) 762-8623
Medical expense benefits are an included provision under your no-fault insurance. Insured drivers, along with resident relatives or passengers riding in the vehicle, may all be eligible for these benefits after a collision. Other eligible victims may include injured pedestrians, bicyclists and more.
For those who are eligible, benefits could include compensation for:
The process for obtaining medical expense benefits can be confusing, which is why having an attorney handle the claim on your behalf can be beneficial. To get started, there are a few steps you will need to take:
Once your claim is submitted, the insurance company will review your application for benefits and determine whether the medical treatments you received were both reasonable and necessary.
Under Michigan state law, the coverage only applies to related and allowable expenses which are necessary to help you recover from your injuries. If you got elective care, or treatment for an unrelated injury, for example, those costs would not be covered by your no-fault benefits claim.
For the most part, all related medical costs should be covered. However, the insurance company may try to say some of your care was not necessary or related to your recovery – even if the cost was valid. If this happens, a qualified attorney will know how to deal with the insurance company and advocate on your behalf.
Under MCL500.3107, medical costs that will not be considered reasonable or necessary and will likely be denied, include:
If your medical expense benefits were denied, despite being reasonable and necessary, you can file a no-fault lawsuit against your insurance company for the unpaid medical bills. You may also file a no-fault lawsuit against your insurer if your payments are unreasonably delayed.
It is important to mention that if a no-fault lawsuit becomes necessary, it must be filed within one year of the date of the medical service. This type of claim could quickly become complicated and is best handled by a qualified attorney to make sure your interests are protected.
Prior to July 2021, there were no caps on the amount of medical expense benefits provided under a Michigan policyholder’s insurance plan. However, the new auto insurance reform laws, effective from July 1, 2021, and going forward, changed that. Today, injured victims are limited by the amount of Personal Injury Protection (PIP) coverage they purchase under their car insurance plan.
While choosing a lesser PIP coverage may save a little money in the short-term, you could end up being short of funds for medical costs when you need them. This is why you may want to consider keeping the unlimited PIP option, which provides better protection overall. If budget is an issue, we recommend that you choose the highest limits that you can afford.
Navigating a Michigan no-fault insurance claim is more confusing than ever since the auto insurance reform laws went into effect. However, our team of legal professionals handles these types of cases every day. We have extensive knowledge of the laws. We also know how to negotiate for the medical expense benefits you need to help you with your recovery.
Call for your free, no-obligation consultation today. We can help you get started with your claim so you can avoid missing important filing deadlines. If we take your case, there is nothing to pay up front or while we represent you. This means zero risk to you. Learn more about how we may be able to help and get answers to your legal questions.
Millions Recovered. (800) 762-8623
Your insurance company owes a duty and is legally bound to handle your car crash claim according to the terms of your policy. Despite the laws, however, some auto insurers may resort to bad faith tactics. There are many ways this can happen. Examples of bad faith handling include not honoring the terms of your policy or wrongfully denying your claim, among others. Unfortunately, policyholders are the victims, often ending up with settlements that are far less than the value of their claims.
If you suspect your insurance company is acting in bad faith, you can contact Jay Trucks for a free consultation. Our car insurance claims lawyers in Grand Rapids are ready to determine whether you may be a victim of insurance company bad faith and how we may be able to help.
Schedule a FREE case review today. (800) 762-8623
Bad faith is the legal term given to the behavior of an insurance company that illegally handles the claim of one of its policyholders. There are many underhanded or illegal tactics insurance companies use that may be a sign of insurance bad faith, such as:
If your insurer fails to properly investigate your accident, this could be an early indication of insurance bad faith. Some of the signs of an inadequate investigation may include if an insurance company:
In other cases, insurers may fail to take relevant contributing factors under consideration. Accurately calculating repair assessments, for example, could impact the value of a victim’s claim.
Bad faith insurers often do just enough to keep up the pretense of properly handling a claim. They may hope that a car crash victim either accepts a lowball offer without a fight or gives up seeking compensation altogether.
Insurance policies are often complex contracts filled with legal jargon that is hard or confusing for most people to understand. This lack of clarity is by design. It enables an insurance company to make it difficult for a victim to understand what is or is not covered. It also makes it easier for an insurance company to:
Insurance companies may intentionally undervalue a claim, offering the victim far less than its full value. Injured victims are vulnerable to these offers, which can seem like a lot of money. However, these offers often omit future costs and other important calculations. Victims are then left to foot the bill for any remaining medical costs, property damage and other losses.
Insurance companies may often unreasonably delay sending payments to an accident victim. For injured victims with medical costs that exceed their no-fault benefits limits, this tactic is especially damaging.
When an insurance company denies a claim, they cannot simply send notice of that decision without an explanation. They are required by law to notify you of the denial, but must also provide:
Until recent years, Michigan policyholders had few laws to help them from insurers that handle claims in bad faith. In 2017, however, Michigan passed House Bill 5104 into law to help protect victims of bad faith insurance claims by imposing insurers with:
If you believe you are a victim of bad faith insurance tactics, our knowledgeable attorneys at Jay Trucks are ready to help. Take advantage of the free initial consultation we offer to learn more about your situation. If we find that you have a valid case, we can communicate with the insurance company on your behalf. We are dedicated to helping injured victims throughout Michigan. Our law firm has a proven track record, recovering millions on behalf of our clients. There are no upfront costs if we represent you. We do not collect payment for our services until you get paid.
Available to take your call at (800) 762-8623 24/7.
Motor vehicle crashes are mostly caused by errors, bad decisions and other types of negligence while driving. People do not generally plan to have an accident. That said, drivers who fail to maintain their vehicles often create hazardous conditions before they ever get behind the wheel.
Today’s blog discusses what you need to know about maintaining your vehicle, including how failing to keep your car in safe working order could lead to a crash, cause harm to others and result in you being assessed with liability for any subsequent damages.
At Jay Trucks, our qualified attorneys are dedicated to helping accident victims obtain the compensation they need after a motor vehicle accident. Initial case reviews are completely free, and we welcome your questions about the legal process. We have the resources and staff to determine the cause of your crash, including whether it may be due to poor vehicle maintenance.
Let Us Review Your Case: (800) 762-8623
Regular maintenance can significantly impact the safe operation of a vehicle. For example, failing to replace bald tires could lead to a blowout while driving and cause a crash.
Regardless of how new your vehicle is, there are many parts that will regularly wear out and fail, including:
Drivers are responsible for taking measures to keep their vehicles in safe operating condition, which means, at a minimum:
Drivers who cause a crash after continuing to operate their vehicle despite a known or suspected hazard may be assessed with liability for causing a foreseeable incident.
When you have your car maintenance done at a repair shop, you expect your vehicle to be safe to operate when you drive away, but unfortunately, this does not always happen. Sometimes repair shops or mechanics may be liable for a crash due to negligence that may include careless or illegal repairs or allowing an inexperienced mechanic to work on your vehicle without supervision.
If you have your vehicle regularly serviced, but a failed or defective part contributed to the crash anyway, the service or repair shop may be assessed with liability for the damages. In some situations, a third party, such as the manufacturer or dealer, may be held liable if a defective part contributed to your crash.
If a driver’s failure to maintain the safety of his or her vehicle caused the crash that led to your injuries, you may have the ability to file a liability claim for additional damages against that at-fault party.
At Jay Trucks, we are available to determine what legal options you may have for recovering compensation if a negligent driver’s failure to maintain the safe operation of his or her vehicle caused you to suffer injuries in a crash.
Our Grand Rapids-based car crash attorneys are here to help you understand all your potential legal options for seeking compensation. Initial consultations are free, with no obligation to move forward. There are also no upfront costs to pay if we represent you.
Experienced. Local. Lawyers. (800) 762-8623
In a cyber-focused world, it can be difficult to find or even expect privacy or confidentiality. However, in a legal sense, at least, there are situations where it still exists.
Understanding confidentiality as it applies to a car crash claim is important, especially if you have been injured due to someone else’s negligence and are planning to seek compensation beyond your no-fault benefits. Knowing when and how to share any information about your accident and resulting injuries can make a difference in the outcome of your claim.
At Jay Trucks, our automotive crash lawyers in Flint are well-versed in the laws that impact your car accident claim. We are ready to help you recover the fullest amount of compensation available.
FREE and Confidential Case Review. (800) 762-8623
Attorney-client privilege is a legal rule that was implemented to protect a client’s conversation with his or her attorney. Not only are attorneys prohibited from sharing any part of a private conversation with a client, but they could potentially be disbarred for doing so.
Understanding when attorney-client privilege applies to your car crash claim is important. You do not want to be guarded when speaking with your attorney. However, you also do not want to, for example, speak to an attorney casually without being certain your conversation is protected.
Here are answers to some of the most common questions we get about attorney-client privilege:
The protection offered by attorney-client privilege does apply when you are meeting with an attorney in a free case review to discuss a potential claim, even if you have not yet hired that attorney.
More specifically, it is generally presumed that attorney-client privilege extends to a client or potential client if:
That said, it never hurts to get confirmation from the attorney that he or she is acting in his legal capacity before you begin any confidential conversation.
Attorney-client privilege applies to any situation where you are communicating with your attorney privately. This confidentiality also extends to include emails, letters and phone calls where you discuss the details of your case – but only if they are considered private.
This means that any details about your case should not be discussed where others may read, discover or overhear what is being said. For example, information about your case that is shared on social media, with multiple parties in an email, or discussed in a public setting, is not protected by attorney-client privilege.
It is unlikely that the courts would attempt or be able to legally compel an attorney to reveal any discussion protected by attorney-client privilege. In fact, this protection would likely still apply even if a client told his or her attorney about a previous crime, such as stealing a car. However, an attorney is no longer held to attorney-client privilege in situations, such as if:
Clients are not held by the same professional legal rule as their attorneys. If a client reveals the contents of a protected conversation with his or her attorney, the only backlash may be the loss of confidentiality and resulting damage to his or her claim. There is no legal recourse against the client.
Knowing your conversation with your attorney is completely confidential lets you speak unguarded, providing the attorney with full disclosure about your car crash. This helps your attorney to:
For example, telling your attorney about preexisting conditions you had before the accident helps him or her prepare a strategy for informing the insurance company, thus limiting any potential damage to your claim.
After a car crash that causes you serious harm, having an experienced attorney on your side to protect your interests can give you peace of mind.
At Jay Trucks, our qualified attorneys have extensive experience and knowledge of the law. We have a proven track record, recovering millions for our clients, and are prepared to seek the maximum compensation possible on your behalf.
Call today to get answers to your legal questions. There is no cost for this initial consultation and no obligation to hire our services. If we represent you, there are also no upfront costs to pay. We do not get paid until the legal process concludes, and only if we recover compensation for you.
Experienced lawyers on your side. (800) 762-8623
Michigan’s policyholders faced numerous changes to their auto insurance following the reforms that went into effect last July. However, there are additional reforms that went into effect on July 1, 2021, which will have a far-reaching impact on both policyholders and no-fault medical providers.
If you were injured in a car crash and sustained serious injuries, our experienced car crash lawyers in Grand Rapids are prepared to help. Call us for a free consultation to get answers to your legal questions, including how Michigan’s latest auto insurance reforms may impact your no-fault benefits.
Call (800) 762-8623 for a Zero-Cost Case Review.
Of all the earlier changes to Michigan auto insurance laws, the most significant to policyholders included the ability to reject unlimited lifetime Personal Injury Protection (PIP) coverage. This modification enables Michigan drivers the ability to choose from different levels of PIP coverage according to their needs and budget, including:
It can be difficult for policyholders to try to determine what level of PIP coverage might be needed if an accident occurs. However, if an insured does not choose a PIP option, unlimited PIP coverage is automatically selected by default.
This third phase of Michigan no-fault auto insurance reforms are significant and include:
Under the state’s previous auto insurance laws, victims who had sustained a catastrophic injury could obtain 24-hour, around-the-clock home health care coverage. Caregivers could be a relative, friend or even a business associate – it could even be another person residing with the injured party.
The benefits of this coverage for injured victims were:
Under the new home health care laws, however, an injured person can only obtain caregiver coverage from a friend, family member or business associate for a maximum of 56 hours per week. This law will significantly impact catastrophically injured victims who need assistance and care around-the-clock.
It is important to note that the 56-hour maximum coverage limit does not apply if home health care is provided by commercial agencies. This means that accident victims who need care beyond the 56-hour limit may still get it from a commercial agency, but at an increased cost.
Of all the changes to Michigan’s auto no-fault reform laws, this third phase will have the most significant impact. The Governor, along with state legislators, requires all hospitals, physicians, clinics and other medical providers to adhere to the newly created Medicare fee schedule. This schedule of fee caps drastically limits what no-fault providers can be paid for the services they provide to patients injured in a car crash. In fact, these providers will be forced to reduce their fees by 45 percent.
For starters, not only are these changes effective from July 1, 2021 and going forward, state legislators also want to retroactively apply them. If this happens, victims may have a harder time finding medical clinics, doctors or other staff to provide the level of care they need – especially those with extensive, life-altering injuries. The medical facilities that provide this care may have to shut their doors.
In short, no-fault providers and injured victims may be impacted in the following ways:
If you were injured in a car crash and sustained serious injuries, we are ready to help. Learn if you may have a valid claim and get answers to your legal questions, including how we may be able to help if the latest auto reform insurance laws impact your injury claim.
Call Jay Trucks anytime, day or night, to schedule your free case review. There is no obligation to hire our services after this meeting. If we represent you, there are no costs or fees for you to pay up front or while we work on your case.
Millions Recovered. Call: (800) 762-8623 today.
Passengers who are injured as the result of another’s negligence have the same ability to seek a no-fault claim and other compensation as needed. However, especially after the shock of being involved in a crash, it may be confusing to know where to begin and how to file your claim.
At Jay Trucks, we are always prepared to help victims injured in a Michigan car crash. In the blog below, we talk about the no-fault benefits and other damages that may apply to an injured passenger.
If another driver’s careless or reckless actions caused you to suffer harm in a car crash, we offer a free, no-obligation case review with one of our Grand Rapids car accident lawyers. We have recovered more than $500 million in compensation for our injured victims. This proven track record includes a $2 million settlement for a 43-year-old man who was catastrophically injured in a car crash.
Injured in a car crash? Call: (800) 762-8623 24/7.
Passengers, just like drivers, have legal rights for seeking no-fault benefits and other compensation if they are injured in a car crash. However, there is a lot of conflicting information about PIP benefits for passengers, especially since the changes brought about by the auto insurance reforms of 2019. Some passengers may mistakenly think they have no options for seeking compensation for their injuries and other losses, especially if they do not have any car insurance of their own.
Under the state’s no-fault law, all passengers injured in a Michigan car crash have access to PIP benefits. It is, however, important to note that these benefits may not exceed the limits of the relevant auto insurance policy you file your claim through.
PIP Benefits include:
You are correct if you think there is a priority filing order that applies when you pursue a no-fault benefits claim in Michigan. The order that applies is as follows:
If you suffered serious harm and meet the eligibility requirements under the state’s injury threshold, you may be eligible to seek a claim for additional damages through a liability claim.
Our qualified attorneys are prepared to review the details of your situation and help you understand all possible sources for seeking compensation for the injuries and other losses you sustained in a crash as a passenger. There is no cost or obligation for this consultation, and we can answer any questions you may have about the legal process.
If a child passenger was injured while riding in your car, or in the vehicle of another driver, he or she is also eligible to seek no-fault benefits under Michigan state law.
Car crash claims for minor children are handled a bit differently, although the priority order of seeking no-fault benefits is much the same as for an adult passenger.
After being injured as a passenger in a motor vehicle accident, it is important that you get police or other first responders to the scene as soon as possible. Even though you are not the driver, it can be helpful to have access to the details provided in a police report when filing a no-fault benefits or injury claim.
Here are some recommended first steps for passengers involved in a crash:
Many passengers may falsely believe they do not have access to benefits or other legal claims after a car crash that causes them harm. However, whether you are an injured passenger or driver, you may be eligible to seek compensation for your injuries and other damages under the law.
Contact our team of legal professionals at Jay Trucks to learn more about the types of compensation you may be able to seek and how we may be able to help.
Initial consultations are completely free, and if we represent you, there is nothing to pay – upfront or while we work on your case. We only get paid if you do.
Millions Recovered. Call: (800) 762-8623 today.
Left-turn crashes not only cause serious, life-altering injuries, they are also a leading cause of car crashes at intersections. Regardless of who may be liable, these types of crashes are responsible for a lot of physical, financial and property damages each year.
Learn more about Michigan’s unique left-turn laws, why many left-hand crashes are caused by the turning driver and evidence used for determining fault.
Injured in a left-turn crash by a negligent driver? At Jay Trucks, we are prepared to help you understand your legal options after this type of crash, including whether you may be eligible to pursue additional damages beyond your no-fault benefits. Our Flint car crash lawyers have a proven track record, recovering millions for injured clients, including $935,000 for a female who suffered multiple fractures in a left-turn crash.
Learn more in a free case review. Call: (800) 762-8623
Both new and experienced drivers may be a bit confused by Michigan’s traffic laws about turning left, especially if you recently moved here from another state. Here are some important left-turn traffic rules you need to know about:
Nearly ten years ago, Michigan implemented new traffic signals to help make left-hand turns safer. Michigan’s Department of Transportation (MDOT) provides a YouTube video to explain how to make a legal left-hand turn at these signals. Essentially, the law says you can turn left at these signals when:
Drivers in the state are accustomed to the Michigan Left, a common turn implemented decades ago to help reduce both traffic congestion and increase safety. According to statistics, the Michigan Left increases left-turning capacity by 20 to 50 percent.
To turn at a Michigan left, you must first go straight – or turn right, depending on the sign guidance. When you reach the implemented median crossover, you can make a U-turn.
This maneuver may seem odd to many drivers from out-of-state, but in Michigan, you can turn left at a solid red light – but only:
Regardless of which type of signal allows you to make a left-hand turn, you are required, by law, to yield the right of way to vehicles approaching from the opposite direction. Failure to do so may result in both a ticket and other hefty fines.
Determining fault for a left-hand crash can be tricky in Michigan, in part, because of the unusual left-turn laws that exist. However, to establish fault for this type of collision, an attorney will:
Often, the accident may be caused by a driver turning left who:
The oncoming driver going through the intersection may be at least partially liable for a left-hand turn at times, such as if he or she sped through a red light and collided with the left-turning driver.
Here are some steps you can take to help prevent a left-turn crash in Michigan:
At Jay Trucks, we have been helping injured victims involved in a variety of collisions – including left-turn crashes. Our experience is extensive and, combined with our successful track record, speaks volumes about our commitment to our clients.
If you were injured in a left-turn crash caused by a careless driver, we are prepared to help. Contact our firm to learn more about your potential legal options in a free, no-obligation case review. We are ready to help.
No Upfront Costs. Ph: (800) 762-8623
Being involved in a motor vehicle accident can be overwhelming. Figuring out what to do first is often confusing to many, especially while trying to get necessary medical care for any injuries sustained. This period of confusion makes it easy for accident victims to miss important deadlines that could impact their ability to be compensated for medical costs and other losses.
Jay Trucks talks about critical deadlines after a car crash, including exceptions you should know about and how an attorney can benefit your ability to seek compensation.
Our car crash accident lawyers in Grand Rapids are experienced and dedicated to helping injured victims throughout Michigan. We are prepared to help and provide a completely free consultation where you can find out about your legal options and get answers to your questions.
Free Case Review. Call today: (800) 762-8623
Do not wait to contact police after a car crash that causes property damage or physical injury – even if you did not cause or contribute to the cause of the crash.
While accident victims are not responsible for filing a police report, they are required, under Michigan state law, to immediately report a crash to the police any time there is:
In addition to meeting your responsibility under the law, there are also advantages to having a police report filed after your crash. Be sure to get a copy of this report immediately as it can help to link your injuries and other damages to the accident.
While not an official legal deadline, you should always seek medical care immediately after any car crash. Waiting – even for a few hours – to be examined by a medical professional could risk both your health and any legal claim that you intend to file.
If there is no medical record of your injury after a crash, then the insurance company has room to argue that you could have been injured somewhere else.
Although you generally have one year from the date of an accident to file a no-fault insurance claim in Michigan, there are many reasons why you should notify your insurer immediately:
No one wants to discover they missed an important deadline after a crash, especially if they are counting on being compensated for injuries and other losses. To help avoid this, it is a good idea to regularly review the terms of your insurance policy – including the fine print. When you find something that you do not fully understand, contact your insurer to clarify those terms and/or make any necessary changes to your coverage.
Many insurance companies may have smartphone apps that allow you to submit a notice of claim. For your no-fault benefits claim, however, you must submit a written request and include other documentation, such as:
Before providing more than basic details about your accident to your insurance company, we strongly recommend that you first contact a qualified and experienced lawyer for legal help. While having an attorney to handle your claim is by no means required, it can help ensure that your legal rights are protected. Additionally, your attorney can communicate with your insurer and ensure that you do not miss any deadlines or share information that your insurance company can later use against you.
There is a deadline for filing a liability claim to seek compensation for additional damages outside of a no-fault benefits claim, such as pain and suffering. Not everyone will meet the threshold for this type of claim, but if an attorney determines that you may be eligible, you have just three years from the date of your accident to file.
Accident victims often think three years is a long time, but that window goes quickly during a legal process. Attorneys need this time to properly investigate what happened, gather evidence and prepare a strong claim on your behalf.
At Jay Trucks, we have been representing injured victims in Michigan for decades, recovering millions on behalf of our clients. If we represent you, we are prepared to fully handle every aspect of your case – including thoroughly investigating the cause – so you can focus on getting the medical care you need.
Call our law offices 24/7 to get started. We provide a free, no-obligation legal consultation to determine if you have a case. If you choose to hire our services, you can do so without paying any upfront costs or fees. We do not get paid our fees until you are compensated.
Millions Recovered. (800) 762-8623
Car crashes are traumatic regardless of who was involved or how they happened. When a child is injured in this type of event, however, there are some important differences you should know about when seeking compensation.
Learn more about car accidents involving children, including handling potential injuries and pursuing a legal claim to recover medical costs and other damages.
At Jay Trucks, our attorneys have been helping victims of car crashes, including children, for over 30 years in Michigan. We have a proven track record and are dedicated to helping our clients recover compensation after an accident that caused them physical, emotional and financial harm.
Not sure if you have a case? We can help you understand your legal options at no cost to you.
Schedule a free case review today. (800) 762-8623
Child passengers riding with you at the time of a car crash have access to Michigan’s no-fault benefits, much the same as an adult. This is true whether the child is your own or the child of a friend or family member.
The priority order for no-fault benefits following Michigan’s auto insurance reform in July 2020 is as follows:
The same no-fault benefits adults receive are also provided to injured children, up to the limits of the parent’s personal injury protection coverage (PIP), including:
Seeking compensation for minor children injured in a car crash is somewhat like filing a claim as an adult, but with some important differences.
A minor child who is still under the age of 18 years is not permitted to file a car crash claim on his or her own behalf. However, a parent or legal guardian may file a car crash claim on their behalf.
In Michigan, the statute of limitations for personal injuries resulting from a car accident is typically three years from the date or discovery of an injury. If an injured plaintiff does not file a claim within that time frame, he or she is likely to lose the ability to do so. Any claims filed after the filing deadline will likely be dismissed by the court.
In the case of a child, the statute of limitation is extended up to one year of that minor child’s birthday. Unless the child is close to his or her 18th birthday, waiting can be a bad idea, as a lot of critical evidence could be lost.
Once an agreement is reached in a child’s car crash injury claim, a judge must approve the settlement. This process is to help ensure a child’s best interests are protected and that the proposed settlement is fair.
Once the court approves the settlement amount, there are additional measures taken to protect the awarded funds. Often, the funds are protected until a child’s 18th birthday. However, in some cases, parents may use these funds to help cover the costs of education, medical bills and housing needs. In other cases, settlements may be put into a structured insurance policy for payouts when the child is older.
When children are younger, it is difficult for them to communicate their pain and other symptoms to you. Children, because their bones and muscles are still developing, are also more vulnerable and susceptible to serious injuries, including traumatic brain injuries and spinal cord damage. Often a child may not even be able to tell you something is wrong, such as if they suffered internal organ damage, or a head or neck injury.
For this reason, it is imperative that you always have your child examined by a medical doctor immediately after a car crash, even if there is no visible injury. Even after your child is examined and diagnosed by a doctor, it is important to write down what happened and carefully assess your child each day for any unusual symptoms, such as:
In addition to the physical injuries, it is important to remember that children may also suffer emotional trauma and other damages from a car crash. This is something you should discuss with a doctor to learn what to look for and where to seek treatment for your child.
At Jay Trucks, we understand the anger and frustration parents feel when their children are harmed because of another’s negligence. Our compassionate and knowledgeable car accident lawyers in Grand Rapids are ready to help. We have a proven track record of recovering millions for our clients and are dedicated to holding at-fault parties accountable for their actions.
Schedule your free, no-obligation case review today to learn about your legal options. We are also happy to answer other questions you may have about car crash claims, including those involving injured children. There are no upfront costs if we represent you, and you do not pay our fees unless or until we recover compensation for you.
Millions Recovered. No Upfront Costs. (800) 762-8623