Most people hire a Michigan personal injury lawyer when they are already overwhelmed by their situation. That makes it difficult to evaluate anything, which is one reason so many people end up choosing the first firm whose billboard they remember.
Your choice of personal injury lawyer deserves careful consideration, and the decision isn’t as intimidating once you know what to look at. Below is what matters when choosing a personal injury lawyer in Michigan, the questions to ask before you sign anything, and what to expect.
What To Know About Choosing a Michigan Personal Injury Lawyer
Michigan runs an auto insurance system unlike almost any other state, with deadlines shorter than most people expect.
Under Michigan’s no-fault law, your own insurer pays your medical bills and wage loss through Personal Injury Protection benefits, no matter who caused the crash. But MCL 500.3145 requires written notice of the injury to the correct insurer within one year of the accident, unless that insurer has already begun paying.
The same statute carries what attorneys call the “one-year-back” rule, which limits recovery of expenses incurred more than a year before the claim is filed. Wait too long and not only does the claim become harder to pursue; some of it is gone altogether.
A lawsuit against an at-fault driver follows a different timeline. Those claims generally fall under the three-year limitations period in MCL 600.5805. Matters involving a government vehicle or a defective road can carry notice requirements that are shorter still.
This means that the first question about any firm should be whether that firm works inside Michigan’s no-fault system often enough to know these deadlines and where you stand within them. A Michigan no-fault attorney who handles these claims regularly should be able to tell you, in the first conversation, where you fall in the timeline for your situation.
How to Narrow Down Michigan Injury Firms
Does the firm handle your type of injury case?
Personal injury covers a wide range of matters. A rear-end collision with soft tissue injuries and a truck crash involving a traumatic brain injury are not the same case, and they do not call for the same resources or the same experts.
Ask directly whether the firm has handled your type of claim. Look for genuine depth rather than a page listing every practice imaginable. You can see how we organize ours on the personal injury practice page.
Who will actually work on your injury claim?
This question separates firms more reliably than anything else, and it is the one people most often forget to ask.
At high-volume firms, cases get passed between a lot of hands. While it’s not the wrong approach, you should know about it before you sign.
Ask who will handle your file day-to-day, how many cases that person is carrying, and whether you will have direct access to an attorney when you need one. Then pay attention to how specifically the question is answered.
Does the firm have real trial experience?
Nearly every personal injury case settles. When an insurance company evaluates a claim, part of that evaluation is its read on what happens if the case does not settle. A firm with a record of preparing their case like it is going to trial is negotiating from a different position than a firm that does not seek or require proofs.
Questions to Ask a Personal Injury Lawyer Before You Sign
Bring these questions with you and write down the answers:
- Who will handle my case day to day, and will I be able to reach an attorney directly?
- Have you handled cases like mine, and what happened in them?
- What are the deadlines in my case, and which one is closest?
- What is your fee, and what happens to case costs if we do not recover anything?
- What medical liens or reimbursement claims might come out of a settlement?
- How often will I hear from you, and who will be contacting me?
- What do you need from me, and what should I avoid doing while the case is open?
- Based on what you know right now, what are the weaknesses in my case?
That last question tells you the most. An attorney willing to name the problems in your case on the first day is an attorney who will tell you the truth later, when the stakes are higher.
How Do Personal Injury Lawyer Fees Work in Michigan?
Personal injury representation is almost always handled on a contingency fee, which means the firm is paid out of what it recovers for you and collects no fee if the case does not resolve in your favor. You should not be asked for money up front to pursue an injury claim.
Michigan places a ceiling on that fee. Under Michigan Court Rule 8.121, the maximum allowable contingency fee in personal injury, wrongful death, and no-fault benefits claims is one third of the amount recovered, calculated after deducting the disbursements properly chargeable to pursuing the claim.
Two things are worth clarifying before you sign anything:
- Case costs are separate from the fee. Filing fees, medical records requests, expert witnesses, and deposition transcripts are expenses, not attorney fees. Ask who carries those costs if the case does not succeed.
- Liens come out of the recovery. Health insurers, Medicaid, Medicare, and medical providers may have reimbursement claims against your settlement. A firm should be able to explain how that affects what actually reaches you.
Any firm should hand you a written fee agreement and walk you through it line by line. Our client education resources cover more of what to expect during a claim.
Red Flags When Hiring a Personal Injury Lawyer
A few things should give you pause when comparing personal injury lawyers:
- A guaranteed outcome or a specific dollar figure promised at the first meeting. Nobody can honestly make that promise before reviewing your records.
- Pressure to sign immediately. Deadlines are real, but a firm that will not let you read the agreement is telling you something about how it operates.
- No clear answer about who will handle your file.
- Contact that came to you first, by phone, mail, or in person, shortly after a crash.
- A settlement estimate offered before anyone has looked at your medical records or your insurance policy.
What to Bring to a Free Consultation
Most of this is straightforward to gather, and having it on hand makes the first meeting far more productive:
- The police report, or the report number if you do not have the document yet
- Your auto insurance policy, including which PIP coverage level you selected
- Photos of the scene, the vehicles, and your injuries
- Names and contact information for any witnesses
- Medical records and bills, plus the names of every provider you have seen
- Anything you have received from an insurance company, including letters and claim numbers
- Documentation of missed work and lost wages
If you do not have all of it, go anyway. A consultation costs nothing, and a firm can help you track down the rest. If you are still not sure whether you have a claim at all, start with our Do I Have a Case? page.
Choosing the Right Injury Lawyer for Your Case
After a couple consultations, the choice usually comes down to a plain judgment. Did this firm explain your situation clearly, answer difficult questions directly, and treat your case as something it has the capacity to handle properly?
Experience and credentials matter, but also how you feel when you leave the meeting. Did you feel informed or sold? You may be working with these people for a year or longer, during a difficult stretch of your life, so it’s important to take the first impression seriously.
Talk to a Michigan Personal Injury Lawyer
Don’t wait. Time for your case is running out, and you deserve justice.
Bashore Green Law Group is a personal injury law firm in Pontiac representing injured people across Southeast Michigan, including Oakland, Macomb, and Wayne counties. We handle car and truck accidents, motorcycle and pedestrian crashes, premises liability, medical malpractice, nursing home abuse, and wrongful death claims.
We do not chase volume, and we would rather tell you honestly where your case stands than just tell you what you want to hear. Consultations are free, just call (248) 487-1887 or schedule a consultation here. You can also read more about how we work with clients or meet the attorneys who would be handling your case.
