When you're hit by a drunk driver, the question of fault seems painfully obvious. The other person made a reckless, illegal choice, was likely arrested, and clearly caused the collision. It stands to reason that their insurance company should step up, accept responsibility, and compensate you fairly and quickly. That's how it should work.
But the reality is usually different. Insurance companies are businesses, and their goal is to resolve claims for the least amount of money possible. They may question the severity of your injuries, cause frustrating delays, or present a fast, lowball settlement offer, hoping you'll accept it before you understand the true value of your claim.
This is the gap between what is fair and what is offered. A dedicated Dearborn drunk driving accident lawyer exists to close that gap. We ensure the drunk driver's clear liability results in the full and fair compensation you need to rebuild your life.
If you're dealing with the fallout of a drunk driving crash, you don't have to face the insurance company alone. Call the Kajy Law Firm at (248) 290-8549 to understand your rights.
Why Choose Kajy Law Firm?
A History of Winning for Michigan Families
Kajy Law Firm was founded by Lawrence A. Kajy, a graduate of both Wayne State University and the University of Detroit Mercy School of Law.
His commitment to clients has earned him recognition from the National Trial Lawyers as one of the Top 40 Under 40, selection to the Super Lawyers Rising Stars list, and being named "The Face of Car Accident Law" by HOUR Detroit.
We Are Not Afraid of Litigation
Some law firms aim to settle every case as quickly as possible, even if it leaves money on the table. We take a different approach. With a litigation success rate of over 90 percent, we prepare every case as if it's going to trial. This willingness to file a lawsuit and argue in court is our greatest leverage against inadequate settlement offers.
Consider one of our past cases: the insurance company offered our client $300,000. It seemed like a substantial amount, but we knew the case was worth more. By taking the case to litigation, we secured a total recovery of over $1.3 million for our client. With over 2,000 cases settled, we have the data and experience to know when an offer is fair and when it's time to fight for more.
The Kajy Cares Promise
We understand that the legal process may feel isolating. That's why we guarantee consistent communication. You will receive weekly updates from our team during the first couple of months and regular contact throughout your case. Lawrence Kajy is personally involved in every settlement decision, ensuring your case gets the attention it deserves.
Furthermore, we operate on a contingency fee basis. This means we fund all the upfront costs of your case—which could run into the tens of thousands for a trial—and we only get paid if we win. There are no out-of-pocket costs for you.
Conveniently Serving Dearborn and Metro Detroit
Our firm is proud to serve clients across Dearborn, Dearborn Heights, Southfield, and the wider Metro Detroit area. We are a local firm, deeply familiar with the courts and communities we serve. We are accessible and prepared to meet with you wherever is most convenient to help you start your recovery.
The Value of Your Claim: Compensation for Drunk Driving Victims
The goal of compensation is to cover every expense and hardship caused by the accident, ensuring you aren't paying for someone else's reckless choice. Your claim is valued based on several categories of damages.
Economic Damages (The Financial Impact)
These are the tangible, calculable losses stemming from the accident. Our job is to account for every dollar the crash has cost you, both now and in the future.
- Medical Expenses: This includes everything from the initial emergency room visit and hospital stay to ongoing physical therapy, rehabilitation, future surgeries, and prescription medications. We also help ensure medical bills are routed correctly through your auto or health insurance to protect your credit while the claim is pending.
- Lost Wages: If you've missed work, you are entitled to compensation for that lost income. If your injuries prevent you from returning to your old job or diminish your ability to earn a living in the future, we will pursue damages for loss of future earning capacity.
- Replacement Services: Michigan's No-Fault law allows for recovery of costs for household services you are no longer able to perform, such as cleaning, childcare, or lawn maintenance.
Non-Economic Damages (Pain and Suffering)
These damages compensate you for the intangible, human cost of the accident. This includes physical pain, emotional distress, anxiety, loss of enjoyment of life, and the general disruption the injury has caused to your daily existence.
In drunk driving cases, arguing for these damages is typically more straightforward, as the at-fault driver's egregious negligence may be clearly demonstrated to a judge or jury.
Understanding Michigan's Exemplary Damages
While many states allow punitive damages to punish a wrongdoer, Michigan law offers exemplary damages, which are a special type of non-economic damages.
Instead of punishing the defendant, exemplary damages are intended to compensate you for the heightened humiliation, outrage, and indignity you suffer when an injury is inflicted maliciously or with willful and wanton disregard for your rights—a standard that drunk driving frequently meets. These damages are for the emotional harm caused by the sheer reprehensibility of the drunk driver's actions.
What if I Am Partially at Fault?
Michigan follows a modified comparative negligence rule. According to Michigan Compiled Laws section 600.2959, you may still recover damages as long as your percentage of fault is not greater than 50%. Your total compensation would be reduced by your percentage of fault. As long as you are not found to be the primary cause of the crash, you could still hold the drunk driver financially accountable.
How Drunk Driving Claims in Dearborn Work
How Michigan No-Fault Laws Apply to Drunk Driving
As a No-Fault state, your own auto insurance policy is typically the first to pay for your medical bills and a portion of your lost wages, regardless of who caused the crash. These are known as first-party or Personal Injury Protection (PIP) benefits.
The lawsuit against the drunk driver is a separate action, known as a third-party claim. This claim is where you pursue compensation for your pain and suffering and any economic losses that exceed what your own PIP benefits cover.
The Dram Shop Act (Holding Bars Accountable)
Sometimes, the drunk driver is not the only liable party. Under Michigan's Dram Shop Act, a bar, restaurant, or store that sold alcohol to a minor or a visibly intoxicated person may also be held financially responsible if that person goes on to cause an accident.
These cases have very strict deadlines. You must provide written notice to the establishment of your intent to file a claim, in most cases, within 120 days of hiring an attorney. Failure to do so may prevent you from ever bringing a claim. This is a key reason to contact a Dearborn drunk driving accident lawyer immediately.
Common Injuries in Drunk Driving Crashes
Impaired drivers frequently cause high-speed, catastrophic collisions. The resulting injuries are commonly severe and life-altering.
- Traumatic Brain Injuries (TBI): A violent jolt to the head may cause concussions or more severe brain damage, leading to cognitive, physical, and emotional challenges.
- Spinal Cord Injuries: Damage to the spinal cord could result in partial or total paralysis, permanently changing a person's life and requiring lifelong medical care.
- Internal Organ Damage: The blunt force from a crash may cause serious damage to internal organs, sometimes leading to internal bleeding and requiring emergency surgery.
- Fractures and Orthopedic Injuries: Broken bones are common and may require surgeries, pins, rods, and extensive rehabilitation to heal properly.
Criminal vs. Civil Cases
After the crash, the state will pursue a criminal case against the drunk driver. The goal of the criminal case is punishment, which could include jail time, fines, and a license suspension. The prosecutor handles this case on behalf of the state.
Our firm handles your civil case. The goal of the civil claim is to get you financial compensation for your losses. The two cases proceed on separate tracks, but a criminal conviction for Operating While Intoxicated (OWI) serves as strong evidence that strengthens your civil claim for damages.
Where Do Drunk Driving Accidents Happen in Dearborn?
As a major hub in Wayne County, Dearborn's mix of high-traffic commuter routes and vibrant nightlife areas creates an elevated risk for impaired driving collisions. Data has consistently shown alcohol to be a leading contributor to traffic fatalities in Wayne County. Certain areas pose a higher risk, especially during late-night hours and on holidays.
Common High-Risk Areas:
- Michigan Avenue (US-12): As a central artery through the city, its heavy traffic and numerous bars and restaurants make it a frequent site for accidents.
- Ford Road (M-153): This busy corridor is known for congestion, which becomes even more dangerous when an impaired driver is involved.
- Telegraph Road (US-24): The high speeds and difficult intersections on Telegraph increase the severity of any collision.
- Southfield Freeway (M-39): High-speed merging on entry and exit ramps is a common point of impact for drunk driving crashes.
Dealing with the Insurance Company
Why They Make Lowball Offers
An insurance adjuster's job is to protect their company's bottom line. They are evaluated on their ability to close claims for as little as possible.
In a drunk driving case, adjusters know that a jury will have little sympathy for their insured driver. Because of this, they typically try to swoop and settle by offering a quick, low payment directly to you before you've had a chance to consult with a lawyer and understand what your case is truly worth.
Tactics to Watch Out For
Adjusters use several tactics to minimize the value of your claim. Be aware of these common strategies:
- Recorded Statements: They will ask to record a statement from you. Their goal is to get you to say something that may be used against you later, such as downplaying your injuries by politely saying "I'm fine" when they ask how you are.
- Medical Authorizations: They may ask you to sign a blanket medical authorization form. This gives them access to your entire medical history, which they will search for any pre-existing conditions they might use to argue your current injuries weren't caused by the crash.
- The Final Offer Bluff: An adjuster might tell you that their low offer is the absolute most they are able to pay. This is rarely true. It is a negotiation tactic designed to make you feel like you have no other option but to accept.
The best response to any of these tactics is to politely decline and refer all communications to the Kajy Law Firm. We will handle the adjusters so you can focus on your health.
What to Do After the Accident
After you have received emergency medical care and are back home, the actions you take will protect your health and your legal claim.
- Follow Doctor's Orders: Go to all your medical appointments and follow through with all recommended treatments. Insurance companies will use any missed appointments or gaps in treatment as an excuse to argue that your injuries aren't as serious as you claim.
- Keep a Pain Journal: Each day, write down your pain levels, how your injuries are affecting your sleep, and which daily activities you are no longer able to do or that cause you pain. This journal becomes robust evidence for your pain and suffering damages.
- Secure the Police Report: Obtain a copy of the official police report. Make sure it accurately reflects that the other driver was arrested for or suspected of being under the influence of alcohol (OWI).
- Stay Off Social Media: Refrain from posting about the accident online. Even posting a picture where you appear happy at a family gathering may be taken out of context by an insurance company to argue that your injuries are not affecting your quality of life.
FAQ: Dearborn Drunk Driving Accident Claims
If the Drunk Driver Is Uninsured, Can I Still Be Compensated?
Yes. In this situation, we would help you file an Uninsured Motorist (UM) claim through your own auto insurance policy. This is a specific type of coverage designed to protect you when the at-fault driver has no insurance.
Can I Sue for Punitive Damages Against a Drunk Driver in Michigan?
Michigan law does not generally allow for traditional punitive damages. However, it does allow for exemplary damages, which serve a similar purpose by compensating you for the humiliation and outrage caused by a defendant's malicious or willful conduct. A drunk driving case typically qualifies for such damages.
Does the Drunk Driver Have to Be Convicted for Me to Win My Civil Case?
No, a criminal conviction is not required. The burden of proof is lower in a civil case than in a criminal one. In your civil claim, we only need to prove by a preponderance of the evidence (meaning it's more likely than not) that the driver's negligence caused your injuries. A conviction is helpful, but not necessary.
What if I Was a Passenger in the Drunk Driver's Car?
As a passenger, you have the right to file a claim for No-Fault benefits and to sue the driver of the car you were in for their negligence. While the insurance company might argue that you share some responsibility for getting in the car, a fair settlement is still possible with legal representation on your side.
Don't Let a Drunk Driver Wreck Your Financial Future
You did not ask to be a victim in a drunk driving accident, but you have the right to demand justice for the harm that was done. Facing the legal system and insurance companies may feel like an impossible task when you are trying to recover from serious injuries. You do not have to do it by yourself.
Many people hesitate to call a lawyer because they worry about the cost. With the Kajy Law Firm, that is not a concern. Our contingency fee arrangement means that premier legal representation is accessible to you right now, with no upfront fees.
Take the first step toward securing your recovery and your future. Call the Kajy Law Firm today at (248) 290-8549 for a free, no-obligation case review.