Gafkay and Gardner PLC Attorneys and Counselors at Law 

Office Hours

Monday 08:00 AM - 05:00 PM Tuesday 08:00 AM - 05:00 PM Wednesday 08:00 AM - 05:00 PM Thursday 08:00 AM - 05:00 PM Friday 08:00 AM - 05:00 PM
Phone: 989-863-4127; Toll Free: 877-JAG4LAW Fax: 989-652-9249

The Law Office of Gafkay & Gardner, PLC. 175 S. Main Street Frankenmuth, MI Saginaw Co. 48734 (Saginaw Co.)View Map

Car Accidents

Michigan is a no-fault insurance state, which means that unless you have a threshold injury (a serious impairment of a bodily function or serious permanent disfigurement), your recovery damages will be from the Personal Injury Protection (PIP) that is a part of your no-fault auto insurance. If the at fault person is uninsured at the time of the accident, your recovery may come from your own insurance policy or that of a relative that lives with you if you or they have purchased this coverage.

If your injury meets the no-fault threshold (same as above) we can help you recover additional damages for pain and suffering from the person who caused the accident. Examples of threshold injuries are traumatic brain injury, closed head injuries, spinal cord injury, burn injuries, amputations, compound fractures, and even wrongful death. To recover damages for pain and suffering from your car wreck, your personal injury attorney must prove that your injury meets the no-fault threshold. Your attorney also must prove that the accident was caused by the negligence of a third party.

PIP allows you to collect damages for economic losses such as lost wages, replacement services for household duties that you were unable to perform because of your injuries, attendant care if you need nursing services in your home, and, in the unfortunate circumstance of death, a survivor's payment and funeral expenses. If you have questions about the benefits you are entitled to, please call us for a free consultation. If you are not seriously injured, we can advise you as to how to collect economic damages on your own without any cost or obligation to you. It is important to get advice from a personal injury attorney before you talk to your insurance company adjuster, even if your injuries appear minor.

If you've been injured in an auto accident, call 1-877-JAG-4LAW. The call is free and so is our initial consultation. You pay us nothing unless we make a recovery for you.

The sooner you call us, the sooner our car accident investigators and lawyers can work on your behalf. Remember, time is on the side of the auto insurance companies! The longer you wait, the weaker your accident case becomes! Witnesses forget or move away, physical evidence is removed, and PIP claim filing deadlines end. You need to act now!

Frequently Asked Questions

What if the other driver is at fault?

If the other driver is at fault, you may be entitled to compensation for your personal injuries, pain and suffering, car damage, lost wages, health care costs, and home care costs. You should make a claim with the other driver's insurance company. Remember that their job is to give you as little compensation as possible! That is why our law firm can help you.

You should also be aware that there are strict time limitations to file a lawsuit, so it is imperative that you seek legal counsel immediately. If your time to sue expires, you will be forever barred from recovery. This sometimes happens when a victim is tied up in endless negotiations with an insurance adjuster. Don't mess around, just get a lawyer!

If our law firm accepts your case, it will be handled on a contingency fee basis, meaning you pay nothing unless we recover money for you. Our fee is a percentage of the recovery. Contingent fees vary, so please contact us for a free case evaluation to find out if we can accept your case.

Should I seek medical attention if I'm not sure that I am hurt?

It is a good idea to get a medical checkup after an accident even if you don't know if you have been injured. It is possible that you have soft tissue damage or other injuries and are not aware of them. It is imperative that when you make your claim to the other insurance company that you know of all of your damages, which include your injuries. Once you settle or otherwise resolve your case, you cannot go back and get more money.

What if the other driver does not have insurance?

If the other driver caused the accident and is uninsured, your own policy will pay for your personal injuries if you have "uninsured motorist" or "medical payments" coverage. If the other driver's insurance is not sufficient to pay for all of your damages, your own insurance may pay the difference (if you have underinsured motorist coverage). If you do not have these kinds of insurance or if your damages are more than the policy's limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay. If you have collision insurance, it will pay for all damage to your car regardless of fault.



What is a contingency fee?

A contingency fee is where the attorney takes a percentage of the actual money recovered for you. This provides a means for people to get lawyers without having to pay by the hour, which can add up to thousands of dollars. This risk-free structure provides access to the courts when it might be otherwise cost-prohibitive.

Should I give a statement to the other insurance company?

NO! What you say to the insurance company can and will be used for their defense. By giving a statement without the benefit of a lawyer present, you are giving them a free shot at wiggling out of liability. Seek legal counsel immediately and let your lawyer do what lawyers do best: fight for your rights.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Gafkay, Julie A. website is powered by LexisNexis® Martindale-Hubbell®. || Sitemap