What Happens During a Michigan Car Accident Lawsuit?

You were in a car crash and may need to file a lawsuit to pursue compensation. It might seem complicated, but The Michigan Legal Center can guide you through what happens next.

Your first step is connecting with a lawyer. If a lawsuit is needed, they may ask you to provide records, answer written questions and give testimony under oath. Escalating a claim to a lawsuit doesn’t stop you from settling before the case is over.

What should I tell my lawyer before a lawsuit?

Give your lawyer the full account, even details you think could hurt the claim. Your lawyer needs to understand possible issues before they respond to an insurer or present your case.

Useful information includes:

• Details of the crash, including what you saw, what you remember and what remains uncertain. Share available photographs, witness details, the police report or report number and any tickets.
• Your health before and after the crash, including new symptoms, diagnoses, treatment, earlier injuries or crashes and any gaps in care. Explain why treatment stopped or an appointment was missed instead of leaving your lawyer to guess.
• How your life changed, including missed work, reduced hours, help you now need and activities that became difficult. Concrete examples are more useful than saying everything is harder.
• Documents such as insurance papers, letters, recorded statements, earlier claims and any settlement offer or release you received or signed. Tell your lawyer as soon as possible if you remember new details or need to update your statement.

You do not need every record before making contact. Share what you have, identify what is missing and distinguish what you know from what you suspect. Do not fill a memory gap with a guess.

Preserve any evidence of the crash, including photos, messages, videos and relevant social media posts. Michigan's rule on lost electronic evidence, MCR 2.313(D), addresses the loss of electronic information that should have been preserved for litigation. Consequences can follow when a party fails to take reasonable preservation steps and the information cannot be restored or replaced. Losing evidence doesn’t automatically mean dismissal.

What does my lawyer do before filing the lawsuit?

Your lawyer determines whether your claim is viable and what steps are needed to pursue it.

In a crash case, that preparation may include:

• reviewing the crash account and available evidence to identify who may be legally responsible and what insurance coverage may apply
• obtaining appropriate records and addressing evidence that could disappear, such as available video or vehicle information
• evaluating medical records, income information and daily limitations to understand the injuries and claimed losses
• checking applicable filing and notice requirements, communicating with relevant insurers and discussing whether negotiation or filing is the appropriate next step

The preparation needed depends on the facts of the case. The duties of preparation and diligence under MRPC 1.1 through 1.3 do not establish a universal checklist to finish before filing. An approaching deadline may require action while treatment or investigation continues.

Before that decision, ask your lawyer what remains uncertain, what information they need from you and what filing would change about your responsibilities.

What happens after the lawsuit is filed?

The lawsuit begins with a complaint stating the claim and the relief requested. The defendant must be properly served and can respond by answering the allegations or making an appropriate motion. Filing states your position without establishing that the other driver is liable or that compensation is owed. These steps are covered by MCR 2.101, 2.102, 2.111 and 2.119.

The court also manages the schedule for discovery, motions and trial under MCR 2.401. There is no definitive way to predict when a car accident lawsuit will finish.

Ask which dates require your attendance or work beforehand and send your lawyer any court papers or requests you receive directly.

What will I need to do during discovery?

Discovery is the formal exchange of information during a lawsuit. Generally, it covers information relevant to the claims or defenses that is not protected by a legal privilege. It must also be proportional to the needs of the case, meaning the burden and expense must be weighed against its likely benefit and other relevant factors. There are limits and protective orders under MCR 2.302 that prevent some information from being included in discovery based on the circumstances.

In a Michigan circuit court injury case, both sides generally must provide initial disclosures of basic information without waiting for a discovery request, unless a court rule, an agreement between the parties or a court order provides otherwise. To create these disclosures, lawyers need information about witnesses, supporting records and claimed losses.

You may receive written questions to answer under oath, requests for documents and requests to admit or deny specific matters under MCR 2.309, 2.310 and 2.312. Your lawyer can help prepare responses and proper objections, but you need to sign your own sworn responses, so review them and check the facts carefully.

Medical history can become part of discovery if a condition is in dispute. A valid legal privilege may protect some information. But if asserting that privilege prevents disclosure of medical information that must be disclosed or is otherwise discoverable, you generally cannot then present evidence about your medical history or physical or mental condition unless the court orders otherwise. Discuss privacy concerns and objections with your lawyer before responding. These limits are established in MCR 2.314.

Keep your lawyer updated about new treatment, changes in your ability to work or other material changes. Earlier disclosures or responses may need correction or supplementation under MCR 2.302(E). Share information given to you by your doctor with your lawyer.

What happens at a deposition?

A deposition is part of discovery where you answer the opposing lawyer’s questions under oath and exchange information on the record. You may have to give a deposition even if you plan on settling. Oral depositions mostly consist of asking questions but can also involve objections, the rules for which are covered in MCR 2.306.

Expect preparation with your lawyer about the process and the facts. Questions may concern the crash, earlier health problems, treatment, work and claimed limitations. You are preparing to make sure your information is accurate, not to memorize a story. Listen to the whole question, ask for clarification when needed and say when you do not know or remember.

Tell your lawyer beforehand about pain, medication effects, language needs or other concerns so they can make arrangements. Making an objection during questioning doesn’t automatically stop the testimony and you can only refuse to answer questions in specific circumstances. The rule also restricts communication with anyone else while a question is pending, except to decide whether to assert a privilege or other legal protection.

A lawsuit deposition is different from an adjuster's recorded interview or an examination under oath requested under an insurance policy. If the request comes from an insurer, have counsel identify which process applies.

Can I be required to have a medical examination?

Yes. Under MCR 2.311, the court may order an examination when your physical or mental condition is being disputed. This requires a motion made with good cause and notice. The order sets the examiner and the examination's time, place, manner, scope and conditions. Upon request, it may also allow your attorney to attend or a mental examination to be recorded.

Send the request to your lawyer so they can identify its legal basis, review any proposed agreement or court order and address concerns before the appointment. Do not assume you can refuse the examination, bring someone into it or record it without checking the applicable requirements.

A personal injury protection insurer's examination request is separate under MCL 500.3151 and includes requirements for the examining physician. Do not assume the court order process above governs every insurer request. The Michigan no-fault examination guide explains that separate process.

Can the case still settle after filing?

Yes. Negotiations can continue during the lawsuit, often during mediation. That involves both parties attempting to negotiate with the help of a neutral mediator, who does not decide the case. The court can require you to participate in mediation, but participation does not require you to accept a settlement under MCR 2.410 and 2.411.

You decide whether to accept a settlement offer, and MRPC 1.2(a) requires your lawyer to follow that decision. Ask your lawyer to explain the proposed terms, the disputed issues and the consequences of accepting or continuing the case. Before agreeing, make sure you understand which claims the settlement would end and what the release requires. For more information, read The Michigan Legal Center guide on what to review before accepting a car accident settlement offer.

What happens if the case goes to trial?

If the case reaches trial, you may testify about the crash, your injuries and their effects, with questions from both sides. Giving a deposition does not guarantee you will avoid testifying at trial. Using a deposition in court is subject to the Michigan Rules of Evidence, as provided by MCR 2.308.

Some cases end through a judge's ruling before trial. A motion for summary disposition asks the judge to resolve a claim or issue on specified legal grounds under MCR 2.116. Receiving the motion does not mean the judge has granted it.

If you already have a lawyer, confirm your next deadline, appearance and preparation meeting with that lawyer. If you are looking for representation, contact The Michigan Legal Center to discuss the crash and any notice or request you have received. If The Michigan Legal Center represents you, we can help you preserve relevant evidence, prepare accurate responses and meet the deadlines that apply to your lawsuit.