If you were injured in an accident in Detroit, you likely have many questions about your legal rights and what comes next, including what types of compensation you might be eligible to receive and how you can go about getting it.
This FAQ section is designed to give quick, clear answers to questions about many different types of injury cases we handle, so you can better understand your options both before speaking with an attorney and while your case is ongoing.
General Personal Injury FAQs
Is it worth getting a personal injury lawyer?
In our experience, hiring a personal injury lawyer can dramatically improve your chances of getting adequate compensation for the costs of an injury.
Insurance companies don’t want to pay the full amount an injured person is owed, so they often deny claims or offer low-ball settlements.
An experienced personal injury attorney knows how to determine the true value of a claim. They also know tactics insurers use to deny or lessen the payments they make, and how to combat them. At Fieger Law, our Michigan personal injury lawyers will fight to help you get the maximum compensation you’re entitled to.
How much will Fieger Law charge?
You don’t pay unless we win, which means:
- There is no charge for your first visit or telephone call. All your questions will be answered and there is no obligation.
- We never charge a fee unless we obtain a recovery for you. Our fee is a percentage of your recovery.
- We will advance all costs for investigators, experts, filing fees, and other expenses associated with obtaining the maximum recovery possible.
Will I meet with a personal injury attorney?
Yes. At your initial consultation one of our personal injury attorneys will meet with you. Throughout the remainder of your claim, you will work with a lawyer and a legal assistant from our law firm.
What if I am not able to come to your office?
If you can’t come to us, we’ll come to you. That means, if your injuries prevent you from traveling to one of our offices, a lawyer from Fieger Law will meet with you at your home, the hospital, or any meeting place you choose.
I was partially at fault for my injury—can I still get compensation?
Yes. Michigan follows a modified comparative negligence rule, which means you can still recover damages if you were found to be 50% or less at fault. However, your compensation will be reduced by your percentage of fault. In some cases, your assigned percentage of fault can be lowered, and your lawyer will explore this possibility to increase your chances of getting more compensation.
How long do personal injury cases take?
Every case is different. Some settle in a few months, while others, especially those that go to trial, can take a year or more. At Fieger Law, we work hard to get our clients compensation as quickly as possible without ever settling for less than they deserve.
Will my case go to trial?
Most personal injury cases settle before trial. However, if the insurance company won’t make a fair offer, your lawyer may recommend taking your case to court to give you the best chance of obtaining maximum compensation.
How should I handle calls, emails, or letters from the insurance company?
Don’t speak directly with the insurance company without your lawyer. Refer all communications to your attorney so you don’t say anything that could hurt your case, as insurance adjusters are notorious for trying to use victims’ words against them.
What can I receive compensation for after an injury?
You may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses caused by your injury. We can collect documentation to more accurately calculate exactly how much money you’re owed, and then we pursue every penny to help ensure you’re paid fairly.
How do I prove pain and suffering in my injury case?
Evidence of pain and suffering can include medical records, doctor testimony, and your own account of how the injury impacts your daily life. Providing clear evidence can help you maximize compensation for these non-economic damages.
How does getting a settlement work if my health insurance already paid some of my medical bills?
If your health insurer paid your bills, they may seek reimbursement from your settlement through a process called subrogation. Your lawyer can negotiate to reduce these repayment amounts to help you maximize your compensation.
What do I need to do while my lawyer is building my case?
Focus on your recovery, follow your doctor’s instructions, and keep your lawyer updated with new medical information or bills. The most important thing for you right now is getting better and spending time with loved ones.
What are my options if the at-fault party is blaming me for the accident?
Your lawyer can gather evidence to challenge those claims and help protect your right to compensation. Even if you share some fault, you may still be eligible to recover damages.
Will my lawyer keep me up to date on the progress they’re making on my case?
Yes. Your lawyer at Fieger Law will provide regular updates and be available to answer your questions throughout the process to ensure you stay up to date on their progress.
The insurance company already offered me a settlement. Should I accept it?
Don’t accept a settlement without speaking to a lawyer first. Early offers are usually much lower than the true value of your case, and once you accept an offer, you can no longer pursue additional compensation for the same injury.
Car Accident FAQs
Car accidents happen every day in Metro Detroit, from busy I-94 and I-75 to quiet neighborhood streets. These FAQs explain what you should do after a crash, how Michigan’s no-fault insurance works, and when you may still have the right to sue.
What should I do first after a car accident in Detroit?
Your priority is to call 911 so police and EMS can respond. In Detroit, you should specifically request a police report from the Detroit Police Department because Michigan is a no-fault state, and you will need that report when filing a claim.
Do I need a lawyer if my accident happened on I-94 or the Lodge?
Highway crashes in Detroit often involve multiple vehicles or even commercial trucks. Hiring a lawyer can improve your chances of a favorable outcome, as lawyers can more easily investigate available sources of compensation and pursue evidence like traffic camera footage and expert witness testimony to build a strong claim.
Can I still get compensation if I was partly at fault for the crash?
Yes. Michigan follows a comparative fault system. Even if you were partly responsible, you can still recover damages unless a jury finds you more than 50% at fault.
How does Michigan’s no-fault insurance affect my case?
Your own insurance pays for medical bills and lost wages up to your PIP limits. However, you can still sue a negligent driver for pain and suffering if your injuries are considered serious, as defined under Michigan law.
Truck Accident FAQs
Detroit sees a high volume of commercial truck traffic along I-94 and I-75, as well as near the Ambassador Bridge. Truck accident cases are far more complex than regular car claims and often involve federal regulations and multiple insurance carriers.
Who can be held responsible in a Detroit truck accident?
Parties that can be held potentially liable include the truck driver, trucking company, cargo loader, or even a truck parts manufacturer. Multiple parties may share liability depending on what caused the crash.
How does insurance work in commercial truck crashes?
Commercial truck drivers need commercial truck insurance. If you were not driving a commercial truck and were injured in a collision with a commercial truck, your regular PIP insurance should cover you. However, the cost of truck crashes often exceeds PIP limits, meaning you may be eligible for benefits from the commercial truck policy – which usually has much higher limits than ordinary vehicle insurance.
What if the truck that hit me was from Canada crossing into Detroit?
Accidents involving international carriers require an attorney familiar with cross-border insurance laws and federal trucking regulations.
Can I get access to the truck’s black box or GPS data?
Yes, but only through taking legal action. Your attorney must act quickly before that data is deleted or overwritten by the trucking company.
Motorcycle Accident FAQs
Motorcycle crashes in Detroit often lead to serious injuries due to heavy commercial traffic and unsafe road conditions. This section addresses how insurance works for bikers and what rights you have, even if the at-fault driver fled the crash scene.
Why are motorcycle accidents in Detroit often more serious?
Detroit traffic includes heavy truck traffic along the Ambassador Bridge and I-75. Riders are more exposed and often suffer life-changing injuries even at lower speeds.
What if the driver who hit me fled the scene?
Detroit has a high rate of hit-and-run crashes. If you purchased uninsured motorist coverage, you may still recover damages through your own policy even if the driver was never found.
Can I recover more compensation if the road was unsafe or full of potholes?
Possibly. If a dangerous road contributed to your crash, your attorney can investigate whether the city or county shares liability. In some cases, contractors who were tasked with building or repairing a road may be held liable.
Do helmet laws affect my right to compensation?
Michigan doesn’t require helmet usage for all adult riders. That means you can still pursue compensation even if you weren’t wearing one at the time of your accident. However, insurance companies may try to reduce what they owe you by saying you share fault because your injuries would be less severe if you had been wearing a helmet.
Medical Malpractice FAQs
Medical errors in Detroit hospitals can result in devastating harm to patients and families. These FAQs explain how malpractice cases work and what you need to know about Michigan’s strict filing deadlines.
Can I sue a Detroit hospital like Henry Ford or DMC for malpractice?
Yes. Large healthcare systems can be held responsible when doctors or staff make preventable mistakes. Michigan law requires an expert affidavit before filing, so it is important to contact a lawyer quickly.
Do I need to prove the doctor intended to hurt me?
No. Malpractice occurs when a doctor or medical professional fails to follow the accepted standard of care. Intent to harm is rare and isn’t required in these types of cases. Proving a mistake occurred is enough if it caused injury and was due to negligence or carelessness.
What types of malpractice are most common in Detroit hospitals?
Misdiagnosed strokes, medication errors, surgical mistakes, and failure to monitor post-operative patients are frequent causes of medical malpractice, especially in high-volume hospitals on West Grand Boulevard and Midtown.
Will my case go to trial?
Many malpractice cases settle before trial. However, Detroit juries have awarded large verdicts in severe negligence cases, so insurance companies may fight hard to avoid a courtroom.
Birth Injury FAQs
Birth injuries are emotionally and financially overwhelming for Detroit families. This section covers the most important questions parents ask after a preventable injury during labor or delivery.
What qualifies as a birth injury, rather than a birth defect?
A birth injury is harm that occurs during labor or delivery, usually due to a preventable medical error. A birth defect is typically genetic or developmental and not caused by medical negligence.
Can I sue if my baby suffered oxygen loss during delivery?
Yes. Hypoxic-ischemic encephalopathy (HIE) is one of the most serious types of preventable birth injuries. Detroit hospitals are required to act quickly with fetal monitoring and emergency intervention.
How soon should I contact a lawyer for a birth injury case?
Immediately. Michigan law has a special timeline for minors, but delaying can risk losing access to critical fetal heart monitor strips and internal hospital investigations.
What compensation is available in a Detroit birth injury lawsuit?
Families can recover compensation for lifelong medical care, home modifications to accommodate disabilities, special education costs, lost earning potential, and emotional harm. Severe birth injuries often require planning for decades of care.
Are birth injury cases against hospitals like Beaumont or Ascension handled differently?
Large hospital systems have powerful legal teams. Your lawyer must investigate staffing decisions, electronic fetal monitoring records, and whether protocols were ignored during delivery.
Nursing Home Abuse FAQs
Families trust Detroit-area nursing homes to provide safe care, but abuse and neglect remain serious problems. These FAQs address what to look for and how to act if you suspect mistreatment.
What are the most common signs of nursing home abuse or neglect?
Unexplained bruises, sudden weight loss, bedsores, poor hygiene, withdrawal, or fearfulness when staff enter the room are all common signs that a resident is being abused or neglected by caretakers.
Can I file a claim even if my loved one has dementia and cannot communicate?
Yes. Evidence such as medical records, wound progression, and staff behavior can support a case even without verbal testimony.
Are Detroit nursing homes frequently cited for violations?
Many are. State regulators regularly inspect facilities in Wayne and Oakland County, and violations are publicly recorded. When choosing a nursing home for a loved one, whether it’s their first or you’re moving them from one facility to another, it’s important to read plenty of reviews and tour the facility at different times of day.
What is considered understaffing and is it grounds for legal action?
If a facility lacks sufficient caregivers to monitor residents safely and that results in injury or harm, it may be considered liable for the harm they suffered and thus open to legal action against it.
Can I move my loved one out of the facility immediately?
Yes, and it’s often recommended for safety. You can pursue legal action afterward, even if your loved one no longer resides at the facility.
Premises Liability FAQs
Slip-and-fall and property injury cases arise when someone is injured because a property owner failed to maintain safe conditions. Detroit premises liability claims commonly involve retail stores, apartment buildings, and grocery chains.
What types of property owners can be held liable for injuries?
Business owners, landlords, government entities, or private homeowners who failed to address hazards they knew or should have known about.
Do ice and snow injuries qualify for a claim in Detroit?
Yes, these injuries qualify for claims if the hazard was not “open and obvious” or if the property owner failed to treat or warn about dangerous conditions promptly.
What evidence helps in a premises liability case?
Photos, video surveillance, witness statements, incident reports, and proof that the hazard existed long enough for the owner to correct it are all important evidence.
What if I slipped in a Detroit grocery or retail store?
Supermarkets all the way down to small independent grocery stores must regularly inspect aisles. If they ignored a spill or hazard and it resulted in a slip and injury, they may be liable.
Product Liability/Defective Medical Devices
When a product or medical device is defective, the manufacturer, distributor, or even hospital may be held responsible. Detroit residents rely on safe consumer products, and even small defects can lead to catastrophic injury.
Who can be held liable for a defective product or medical device?
Parties that can be held liable for defective medical devices include their manufacturers, distributors, retailers, and, sometimes, surgeons or hospitals, if they failed to warn or followed outdated recall procedures.
Do I need to still have the defective product or device to make a claim?
Yes, preserving the product is critical for making a claim against the liable party. It serves as key evidence and allows forensic experts to determine what went wrong.
What if the product was already recalled?
A recall actually strengthens your case, but you still need to prove the product caused your injury and when you were harmed.
Are Detroit hospitals responsible if they used a defective medical device?
Possibly. If the hospital ignored recalls, failed to remove recalled products from inventory, or failed to warn patients of known risks, they may share liability.
Dog Bite Injuries
Dog attacks are common in Detroit neighborhoods, especially where leash laws are not enforced. Michigan has strict liability rules. This means dog owners are usually responsible even if the dog has never bitten anyone before.
Do I have to prove the dog owner was negligent?
No. Michigan’s dog bite statute follows strict liability, which means the owner is responsible regardless of prior behavior unless you provoked the animal or were trespassing.
What if the dog attack happened on private property?
You can still make a claim as long as you were lawfully on the property, such as visiting a friend, delivering mail, or performing work.
Can I get compensation for emotional trauma?
Yes. Dog attacks often cause anxiety, PTSD, and lasting fear of animals, which may be included in your damages.
Are renters or landlords liable for dog bites in Detroit?
In certain cases. If a landlord knew a dangerous dog was on the property and failed to act, they may share liability.
How quickly should I report a dog bite?
Immediately. Contact animal control and seek medical care, both for your health and to document the incident officially.
Dangerous Prescription Drugs
Prescription drugs are expected to heal, not harm — yet many medications are later found to cause serious side effects. Detroit residents have been impacted by nationwide recalls involving heart failure risks, cancers, and organ damage.
Can I sue even if the drug was FDA-approved?
Yes. FDA approval does not shield drug companies from liability if they failed to warn of known risks or concealed data.
What is a mass tort?
A mass tort involves many individuals harmed by the same drug but allows each person’s damages to be evaluated individually.
Do I need to stop taking the medication to file a claim?
Not necessarily, but your doctor must be consulted immediately. Never stop on your own without medical guidance.
Are Detroit doctors responsible if they prescribed it?
Possibly, but most drug lawsuits focus on the manufacturer unless the doctor failed to warn about known side effects.
What evidence is needed to file a claim?
To file a claim, you’ll need your prescription history, proof of injury or diagnosis, medical records, and ideally, the original packaging or pharmacy documentation.
Construction Site Accidents
Construction remains one of Detroit’s most injury-prone industries, especially on projects near downtown and major commercial developments. These accidents often involve heavy machinery, falls, or unsafe working environments.
Do I file a workers’ compensation claim or a lawsuit?
Filing for workers’ compensation is the first step if you were an employee and were injured while performing work-related duties. However, you may also sue third parties such as subcontractors or equipment manufacturers depending on the circumstances of your case.
Workers who are not considered employees, such as contractors, are not eligible for workers’ compensation benefits but can file injury lawsuits when they are injured.
Can non-workers file a claim if they were injured near a Detroit job site?
Yes. Pedestrians, drivers, or visitors injured due to unsafe conditions may pursue a premises liability or negligence lawsuit.
What are the most common causes of serious construction injuries?
Falls, falling objects, electrical accidents, machinery failures, and improper safety protocols are all common causes of these types of injuries.
Can I still file a claim if I was partially responsible?
Yes. Workers’ compensation claims are no-fault, meaning injured workers can receive benefits even if they were at fault for their own injuries.
Meanwhile, Michigan also allows compensation for work-related personal injury lawsuits even if you were partly at fault, though your recovery may be reduced accordingly.
How soon should I speak with an attorney after a construction injury?
Right away. Construction companies and insurers move quickly to protect themselves, and important evidence can disappear in days.