Victims of Michigan drunk driving accidents have a number of legal rights to seek compensation if injured by a drunk driver. Our Michigan automotive accident lawyers frequently pursue cases against not only the drunk driver, but also against the bar, restaurant, store, or place that served the person alcohol prior to the accident. These lawsuits hold the person or business accountable for serving alcohol to an intoxicated person.
Michigan Dram Shop Laws to Sue In Drunk Driving Accidents
The State of Michigan has specific laws dealing with lawsuits against businesses that sell alcohol to the public when that sale results in the personal injury, death, or property damage to another. This law is commonly known as the Dram Shop Act. The law can be found at MCL 436.1801. The law states in pertinent part that:
(2) A retail licensee shall not directly, individually, or by a clerk, agent, or servant sell, furnish, or give alcoholic liquor to a minor except as otherwise provided in this Act. A retail licensee shall not directly or indirectly, individually or by a clerk, agent, or servant sell, furnish, or give alcoholic liquor to a person who is visibly intoxicated.
(3) Except as otherwise provided in this section, an individual who suffers damage or who is personally injured by a minor or visibly intoxicated by reason of the unlawful selling, giving, or furnishing of alcoholic liquor to the minor or visibly intoxicated person, if the unlawful sale is proven to be a proximate cause of the damage, injury, death, or the spouse, child, parent, or guardian of that individual shall have a right of action in his or her name against the person who by selling, giving, or furnishing the alcoholic liquor has caused or contributed to the intoxication of the person or who has caused or contributed to the damage, injury, or death.
Dram Shop Time Deadline to Sue For Michigan Drunk Driving Accident
The Dram Shop Act, like many other laws in Michigan, has several pitfalls that must be avoided to pursue such an action. First, a Dram Shop Case must be brought by the person who suffered the personal injury or death within two years after the personal injury or death. This is a shorter period (three years) for filing a car accident lawsuit.
Second, a person seeking damages under the Dram Shop Law must give written notice to all Defendants within 120 days after the entering an attorney/client relationship for the purpose of pursuing a claim under the Dram Shop Act. The failure to give the required written notice within 120 days is grounds for dismissal of the claim to any Defendant who did not receive the required notice. Therefore, it is necessary that you call our lawyers as soon as possible after the accident to preserve your claim.
No-Fault Insurance Benefits After a Drunk Driving Accident
You most likely are entitled to no-fault insurance benefits after your accident. These benefits include payment of medical bills, lost wages claim, attendant care services, replacement services, and medical mileage. You are also entitled to case management services from a nurse case manager.
Our lawyers will determine exactly which no-fault insurance company is required by law to pay your benefits. We will contact that insurer to set up your claim. We will then submit all of your claims for you to the assigned adjuster. We will also monitor the file to make sure your benefits are being paid If the adjuster refuses payment or terminates your benefits, we will file a lawsuit against the insurance company.
Claims for Personal Injuries From a Drunk Driving Accident
In addition to receiving no-fault insurance benefits, you can file a claim for your personal injuries against the drunk driver, owner of the car, and the bar. These claims seek compensation and settlements for the following types of damages.
- Pain & Suffering
- Fright & Shock
- Psychological Injuries
- Scars & Permanent Disfigurements
- Disability from Work & Activities
- Loss of Income & Wages (above your no-fault wage claim)
- Bystander Claims (witnessing a family member injured or killed in an accident)
- Death (filing a Michigan Wrongful Death Lawsuit)
No Fee Promise For Michigan Dram Shop Lawsuits
Our Michigan drunk driving accident lawyers will represent you in your case under our NO FEE PROMISE. This means that you will not be charged any legal fees whatsoever unless we obtain a settlement or recovery for you. You have absolutely no obligation for legal fees unless we win your case. If we do not obtain a settlement for you, you owe us nothing! We put that in writing for you.
Free Michigan Drunk Driving Accident Book
If you would like more information about your legal rights after a Michigan drunk driving accident injury, you can order our FREE book, "The Michigan Drunk Driving Accident Handbook" by Michigan lawyer Lawrence J.. Buckfire. The book serves as a guide to victims of Michigan drunk driving accidents on their legal rights.
Our book sells for $14.95 on Amazon but Lawrence will send it to you for FREE.
Contact Your Michigan Drunk Driving Accident Lawyer
If you or someone you care about was injured in a Michigan drunk driving accident, call us now at (800) 606-1717. Our Michigan drunk driving accident attorneys and investigators will start working on your case immediately and begin gathering the witness statements and evidence to prove and win your case.