Is the state or county liable for my injuries suffered if my motorcycle hit a pot hole?

Asked on October 3, 2015 under Personal Injury, Michigan


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have a personal injury claim against the state and county if the condition of the road caused your accident.
Contact both the state and county regarding procedures for filing a personal injury claim.  It is important not to miss any filing deadlines and to comply with their procedures because if they deny your claim and you didn't follow all of their procedures, you may lose your right to file a lawsuit against the state and county.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your personal injury claim filed with the state and county should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the state and county, NO lawsuit is filed.  If you are dissatisfied with settlement offers, reject the settlement offers and file a lawsuit against the state and county for negligence.
If the case is NOT settled, your lawsuit for negligence against the state and county must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
If the case is settled with one, but not both parties, only name the party state or county with whom the case has not settled as a defendant in your lawsuit.

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