Most cases do not follow a perfectly straight line. This roadmap shows the stages that commonly appear in a Michigan vehicle injury case.
Medical care comes first. At the same time, preserve crash photos/video, witness information, vehicle condition, insurance information and the police report. In commercial-vehicle cases, early preservation requests may target electronic logs, onboard data, dashcam video, inspection/maintenance records and dispatch information.
Identify the policies and benefit priority that may apply. Review the injured person's PIP medical selection, health coverage, wage-loss issues, replacement services and other potentially available benefits.
Reconstruct who did what and why: right-of-way, speed, braking, lane position, distraction, impairment, visibility, road conditions, vehicle defects, employer/agency relationships and other factors.
A civil claim is built around evidence. Treatment records, diagnoses, imaging, restrictions, wage documentation, household impact and future-care opinions may be relevant to showing the injury and its consequences.
When liability and damages are sufficiently developed, the claimant may present a demand to an insurer or defendant. Some cases resolve here; others require litigation.
A lawsuit formally begins by filing a complaint in a court with jurisdiction and serving the defendants. The complaint identifies parties, material allegations, legal theories and requested relief. Defendants then answer or raise permitted motions/defenses.
The parties exchange relevant information through written discovery, document requests, subpoenas, depositions, expert disclosures and examinations permitted by the court rules. Discovery is where much of the factual record is built.
Parties may ask the court to decide legal questions before trial, including evidentiary, threshold, liability or damages issues. Expert testimony may be used for medicine, reconstruction, economics, vocational loss or other specialized subjects.
Michigan civil cases may involve mediation, facilitation, case evaluation, settlement conferences or direct negotiation. Resolution depends on the evidence, risk, available coverage, damages and the parties' decisions.
If the case does not resolve, a judge or jury hears admissible evidence and decides disputed issues. Trial can address fault, causation, injury, damages and other contested questions.
A settlement or judgment may still require resolution of liens, reimbursement claims, estate/court approvals in wrongful-death cases, distribution, and sometimes appellate review.
A person can lose an insurance benefit or procedural right even when a general tort limitations period has not expired. Governmental entities, no-fault benefits, policy-based UM/UIM claims and other issues can have distinct requirements. A specific case should be calendared from the earliest potentially applicable deadline.
Review Michigan vehicle laws →General Michigan vehicle-accident information. A specific case depends on its facts.
No. Some claims resolve through insurance negotiations. Others require filing a civil complaint and proceeding through discovery, motions, mediation or trial.
The parties exchange relevant information through documents, written questions, subpoenas, depositions, expert disclosures and other procedures allowed by the court rules.
Not always. No-fault benefits, policy-based claims, governmental defendants and other issues can involve separate notice or filing requirements.