Why Do Michigan Lawyers Say that I Don’t Have a Car Accident Case?

Understanding Michigan Auto Insurance Law

Many automobile accident victims contact Michigan Auto Law saying they’ve hired a Michigan attorney, or tried to but were unable to find a lawyer in Michigan that would take their automobile accident case. They typically say “My attorney told me that I do not have a case” or “He said my injuries from the automobile accident are not serious enough to file a lawsuit in Michigan.”  There are 3 common reasons that victims of automobile accidents in Michigan are told they do not have a case.

• First, recent changes in Michigan auto accident insurance law have made it far more difficult to win automobile accident cases.
• Second, many Michigan lawyers do not specialize in handling cases for Michigan automobile accidents and have a limited ability to recognize when a viable case exists. Or, they lack the specialized legal and medical knowledge required to win on behalf of car accident victims.
• Third, most innocent automobile accident victims are unaware of important steps they should take early on to protect their interests, such as important filing deadlines, which can severely harm the strength of their car accident case regardless of which attorney is selected. Or, automobile accident victims rely on good faith, and wait too long to contact a Michigan car accident lawyer until they become frustrated by claims adjuster delays and lack of payment.

Sadly, car accident victims are often turned away because handling automobile accident cases in Michigan has become far more challenging in recent years. When accident victims are told they do not have a case, it is typically a reflection of how Michigan lawyers perceive the state of the car accident insurance law today - especially lawyers with limited expertise in handling serious car accident cases. In the time since the Michigan Supreme Court issued Kreiner v. Fischer, there have been but a small handful of “wins” for injured automobile victims in the Michigan Court of Appeals. In comparison, there have been over 10 times as many “defense wins” (where the automobile insurance company succeeds). These defense wins highlight a sad reality in Michigan today: you can be completely innocent, in pain every day, but if your car accident injuries do not rise to the level of a serious impairment of body function as the law requires, you will not have a successful car accident case. For more information, read 3 Challenges Facing Car Accident Attorneys Today.

But, even though Michigan automobile injury law is more difficult and challenging than ever before, far too many of these automobile accident cases could have been successful if handled properly. Some losses are the fault of car accident lawyers entrusted with representing car accident victims. Far too often Michigan lawyers are attempting to handle car accident cases today just as they had five or ten years ago, without success because the Michigan automobile insurance laws have changed so dramatically. When a car accident attorney is not successful it means the client is denied compensation. Winning on behalf of injured victims today requires that any Michigan attorney handling an automobile accident case be able to document the injuries and impairments that his or her client has suffered.

What are these Michigan lawyers doing wrong? Too many Michigan lawyers do not understand that there is a difference between pain and impairment under Michigan automobile accident insurance law - this includes Michigan lawyers who handle personal injury cases such as car accidents and truck accidents. Pain is a subjective complaint, but Michigan law requires that lawyers be able to show that the automobile vehicle accident caused impairment. Impairment is different from pain. Impairment reflects how your life is different now than it was before the car accident. If a Michigan car accident lawyer cannot demonstrate a serious impairment, he or she will not have a successful automobile accident case in Michigan, no matter how much pain exists.

Demonstrating impairment requires that the attorney and client work closely to show how injuries from the automobile accident have affected different parts of that person’s life. It requires demonstrating lifestyle impact. This includes showing how much time off work was caused by automobile accident injuries and pain. Or how recreational activities, hobbies and interests, that were an important part of that person’s life before the automobile accident have changed, or how the car accident victim can no longer enjoy these activities. In too many cases, the lifestyle changes that were caused by the car accident were there to be found but the attorney handling the case just never took the time to discover them. Michigan attorneys with limited medical sophistication will not understand the pain and injuries that car accident victims have suffered, or be able to help clients receive the right medical testing within time limits allowed. This is critical for the victim’s well being and for the potential of the car accident case. Not only is getting the right medical care essential in helping injured clients recover from a serious automobile accident, it is also important in order to have a successful car accident case in Michigan. Every time an injured person goes to a doctor or a specialist and gives a medical history of how his or her pain is affecting them, and receives treatment for their automobile accident related injuries, they are also documenting and verifying their injuries. They are establishing how these injuries are causing impairment in their lives. This is the essence for any attorney to successfully be able to document impairment and have a successful car accident case in Michigan today.

Last, when injured automobile accident victims lack important information about what to do following an automobile accident, or they believe that automobile insurance companies are acting in their best interest, they can severely limit the potential of their accident case. By agreeing to settle, signing releases, missing important filing deadlines, not clearly understanding their insurance policies, or properly documenting, it can be difficult to win regardless of which attorney is contacted. For more information about whether you or a loved one may have a successful automobile accident case, even if you have been told you don’t, be sure to contact a specialized Michigan car accident lawyer who truly understands how to win auto cases in Michigan today. Call 800-777-0028 to speak directly with a Michigan automobile accident lawyer or use the confidential form.