Michigan Brain Injury Attorneys

Why Choose Our Expert Michigan Brain Injury Lawyers?

At The Fierberg National Law Group, we understand the profound impact a brain injury can have on your life and the lives of your loved ones. Our dedicated team of experienced lawyers specializes in navigating the complex legal landscape that follows brain injury accidents. If you or a loved one has suffered a traumatic brain injury due to an accident or negligence, know that we are ready to provide the support, guidance, and expertise you need during this challenging time.

What Happens When You Hire a Brain Injury Lawyer?

When you hire our brain injury lawyers, we begin the discovery process which includes:

1. Initial Consultation: The process usually starts with a free initial consultation. During this meeting, you’ll discuss the details of the accident, your injuries, and the impact they’ve had on your life. The lawyer will assess the viability of your case and explain your legal options.
2. Investigation and Evidence Gathering: If you proceed, the lawyer will start an in-depth investigation. This involves collecting evidence such as medical records, accident reports, witness statements, and, if necessary, expert testimonies. This evidence is crucial in establishing the extent of your injuries and the liability of the responsible parties.
3. Medical Assessment: Understanding the full extent of a brain injury is vital. Your lawyer may work with medical professionals to assess your current and future medical needs. This helps in quantifying the damages and ensuring that any settlement or award considers the long-term impact of the injury.
4. Claim Filing: Your lawyer will file a claim on your behalf, which can involve dealing with insurance companies and, if necessary, filing a lawsuit. They handle all the legal paperwork and communications related to your case, alleviating this burden from you.
5. Negotiation: Many brain injury cases are settled out of court. Your lawyer will negotiate with the insurance companies or the defendant’s lawyers to reach a settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
6. Litigation: If a fair settlement cannot be reached, your case may go to trial. Your lawyer will represent you in court, presenting the gathered evidence and arguments to a judge or jury, aiming to secure a verdict in your favor.
7. Resolution and Compensation: Finally, once a settlement is reached or a court verdict is given, your lawyer will work to ensure that the compensation is paid promptly. They’ll also advise you on how to manage the compensation, especially if it involves long-term care or a structured settlement.

Throughout this process, your brain injury lawyer provides not just legal representation but also guidance and support, helping you navigate the complex legal and medical landscape that comes with brain injury cases in Michigan.

Michigan’s No-Fault Laws: Navigating Coverage in Brain Injury Cases

Michigan’s no-fault laws impact how brain injury accidents are handled in the state. Michigan’s no-fault laws can vary significantly depending on an individual’s insurance carrier and the specifics of their coverage. Each insurance provider may offer different levels of personal injury protection (PIP) benefits, which can affect the extent of medical expenses, wage loss, and replacement services covered. Knowing this information can be helpful when it comes to obtaining a brain injury lawyer for PIP claims and other compensation.

While the Michigan No-Fault Laws are complex, learning about the interaction between these laws and closed head injury cases can be helpful when talking with a head injury attorney:

First-Party Claims Regardless of Fault: Under Michigan’s no-fault insurance system, those injured in an automobile accident, including those who suffer brain injuries, can file a claim for personal injury protection (PIP) benefits with their own insurance company, regardless of who was at fault for the accident. This is particularly important in brain injury cases, as the medical treatment and rehabilitation costs can be substantial.

Coverage of Medical Expenses: No-fault insurance in Michigan covers reasonable and necessary medical expenses related to the accident, which is crucial for brain injury victims. These expenses can include emergency medical care, hospital bills, rehabilitative therapies, and long-term care needs that are common in severe brain injury cases.

Wage Loss Benefits and Replacement Services: In addition to medical expenses, Michigan no-fault laws provide for wage loss benefits and replacement services. For someone suffering from a brain injury, this aspect of the law can provide essential financial support if the injury affects their ability to work.

Threshold for Third-Party Claims: While Michigan’s no-fault laws cover certain economic losses, they do limit the ability to sue the at-fault driver for non-economic damages like pain and suffering. To pursue such a claim, the victim of a brain injury must demonstrate that the injury meets a certain threshold of seriousness, which is often referred to as a “”threshold injury.”” In the case of brain injuries, this threshold is often met due to the severity and lasting impact of these injuries.

Lifetime Benefits: For severe brain injuries, Michigan no-fault laws are used to offer lifetime medical benefits. However, recent changes to the law have introduced certain limitations and caps on these benefits, which could affect long-term care for brain injury victims.

Legal Complexity: Navigating Michigan’s no-fault laws can be complex, especially in the context of serious injuries like brain trauma. It’s often necessary for victims and their families to seek the assistance of an attorney who specializes in brain injuries and is well-versed in Michigan’s unique insurance laws, to ensure that they receive the full benefits and compensation to which they are entitled.

Understanding these aspects of Michigan’s no-fault laws is crucial for anyone involved in a brain injury accident in the state, as they significantly influence the legal and insurance claims processes.

Michigan Brain Injury Lawyer FAQ

Do I need a lawyer after suffering from a TBI?

If you or a loved one have suffered from a brain injury resulting from a car accident, auto accident or other motor vehicle accident, then you should seek an experienced lawyer that knows how to handle Michigan’s laws. It is important to choose a Michigan brain injury lawyer because they bring specialized expertise, resources, and a history of successful outcomes essential for securing the compensation and benefits you deserve. They will not only assess the value of your case but also skillfully negotiate with insurance companies to ensure you receive the maximum possible compensation.

What compensation can I get for a brain injury in a Michigan car accident?

In Michigan, compensation for a brain injury from a car accident can include medical expenses, wage loss benefits, replacement services, attendant care, and possibly pain and suffering damages. The specifics depend on the severity of the injury, accident details, and the individual insurance policy details. It is important to consult with a specialized lawyer for a clear understanding of the compensation you’re entitled to under Michigan’s no-fault laws.

How much does a brain injury lawyer cost in Michigan?

You will not have to pay a fee unless you win. In Michigan, most attorneys will charge a one-third contingency fee or 33% of the total damages awarded.

How long does it take to settle a brain injury case in Michigan?

It depends on the severity of the brain injury involved and accident details. Here are some other factors to consider:

Complexity of the Case: More complicated cases, especially those with severe injuries or disputed liability, often take longer due to in-depth investigations and claims handlings.

Severity of the Injury: Severe brain injuries require a thorough understanding of the long-term effects, which can extend the claim process as medical assessments and prognoses are determined.

Insurance Negotiations: The process of negotiating with insurance companies can be lengthy, particularly if there are disputes over the claim’s value.

Legal Proceedings: If the case goes to trial instead of being settled out of court, it can significantly extend the timeline.

Accumulation of Medical Evidence: Gathering and analyzing comprehensive medical evidence to fully assess the impact of the brain injury takes time.

Recovery Time: The full extent of a brain injury may not be immediately apparent, so settlement might be delayed until a clearer understanding of long-term needs and impacts is established.

In general, while some cases may resolve relatively quickly, more complex brain injury cases in Michigan may take a considerable amount of time to settle. Working with a specialized attorney can help navigate these complexities and may potentially expedite the process.

What is the statute of limitations for a brain injury lawsuit from a car accident in Michigan?

In Michigan, if you’ve had a brain injury from a car accident and want to sue, you generally have three years from the date of the accident to file a lawsuit against an at-fault party and one year to submit a claim to your own insurance company. This time limit is known as the statute of limitations. It’s important to start the legal process within this timeframe, or you might lose your right to sue for compensation. If you’re thinking about taking legal action, it’s a good idea to talk to a lawyer as soon as you can to make sure you meet all the deadlines.

Recovering from a brain injury is a journey, and you don’t have to walk it alone. At The Fierberg National Law Group, we fight for the justice and compensation you deserve. Contact us today for a consultation, and let us help you take the first step towards recovery.