Personal injuries can result from different types of accidents, such as medical malpractice, defective products, motor vehicle accidents, slips and falls, and workplace accidents. While the details of each accident may be unique, they all leave a trail of damage that can greatly endanger the lives of those affected.
In the following sections, we will cover relevant laws, regulations, and general information that you should know if you have suffered a personal injury and are considering filing a lawsuit to claim compensation for all of your money. range of actual damages.
Michigan statute of limitations in personal injury cases
In Michigan, there are strict deadlines – aka lapse by statute of limitationsTo file civil lawsuits in personal injury cases. Typically, individuals have three years from the date of the accident or discovery of the injury to file a lawsuit against those responsible for their losses. If a person dies of their injuries, the surviving family members have three years from the date of death to initiate proceedings Wrongful death lawsuit.
Over time, relevant evidence can be damaged or destroyed, and witnesses may have difficulty remembering details. Limitations are in place to ensure that cases are resolved in a timely manner and that evidence is preserved.
What happens if you miss the deadline to file a lawsuit?
If you fail to initiate legal action within three years, the party at fault will likely file a motion to dismiss the case. If the court grants this request (which is very likely), you cannot sue the suspect, regardless of the severity or apparent fault of the injuries.
We recommend that you consult a personal injury attorney immediately to explore your legal options. Doing this early may also enhance your chances of getting a fair settlement, as it signals to the responsible insurance company that you still have the opportunity to pursue a lawsuit if necessary.
Exemptions from the Michigan statute of limitations
Some scenarios may change or delay the running of the aging clock. These scenarios include:
- If the victim was a minor during the accident, they have one year from their 18th birthday to file a claim.
- If the victim was considered insane at the time of the accident, he shall be given one year respite from the date of the disappearance of his mental disability.
- If the defendant (the person you are suing) has left Michigan before filing a lawsuit, the time of his absence—more than two months—will not count toward the three-year deadline. This means that the statute of limitations will not begin until the defendant returns to the state.
- If you sustain medical malpractice injuries, you have two years from the date of medical negligence or six months from the discovery of negligence to file a claim, as long as it was within six years of the fault. The only exception to this rule is if the defendant fraudulently concealed the fault or if the negligence resulted in permanent loss or damage to a genitalia, in which case the larger deadline of six years would not apply.
Determination of fault in personal injury cases
When you seek to hold a person or entity liable for your loss of injury, they may assert that you are partially or fully liable for your damage. This tactic is used to reduce their financial liability to you. But the degree of your involvement can affect the settlement you are entitled to from the responsible parties. In certain cases, your participation may prevent you from receiving any payments.
Michigan uses a framework of comparative neglect To deal with cases where the injured person is involved in a partial fault. Under this framework, a person who bears more than 50% liability for their injuries cannot claim non-economic damages, such as for pain and suffering or mental distress.
However, you can still pursue economic compensation (such as medical bills and loss of income) even if you are 99% wrong. But the amount you receive will decrease proportionally based on the error percentage assigned to you.
Here’s an example: If the jury awards Olivia $100,000 for her damages, but also determines that she is 70% at fault for her injuries, then Olivia cannot win non-economic damages. However, she could still get $30,000 from the defendant for economic damages.
No-fault auto insurance laws in michigan
In Michigan, auto accidents are governed by no-fault laws, which means that the driver’s auto insurance covers most losses regardless of fault. For this purpose, the state of Michigan requires drivers to carry a basic auto insurance policy with three types of coverage:
- Personal Injury Protection (PIP): Covers medical expenses, loss of wages and replacement costs for essential services that you are unable to perform due to injuries.
- Proprietary Protection (PPI): Covers up to $1,000,000 in damages to someone else’s property, such as a home, fence, or parked car.
- Bodily injury and property damage (BI/PD): This cover applies in the event of accidents caused by you that:
- Someone died or sustained permanent disfigurement or severe injuries
- The other driver involved was a non-Resident of Michigan and driving a motor vehicle registered out of state
- I was in an accident out of state
- The other vehicle was damaged and you were 50% at fault for the accident (BI/PD will cover up to $3,000 in repairs if a small compensation claim is filed against you)
In the above cases, the BI/PD will pay for the victim’s injuries up to the policy limit, and you will have to cover the remaining amount yourself.
No-fault auto insurance offers limited recovery options that may be insufficient for survivors of serious auto accidents. You can sue the driver at fault for compensation if your losses exceed the limits of PIP coverage or if you suffer non-economic damages. To do this, you must prove that the other driver was 50% or more at fault in the accident and that it resulted in death or severe impairment of bodily functions.
A skilled personal injury attorney in Detroit can help you determine what is needed negligent elements necessary to pay the lawsuit.
Personal injury cases involving dog bites
Dog bite laws It varies by country. In Michigan, owners are liable for any damages if their dogs bite another person without provocation while that person is on public property or legally on private property. In such cases, the owner may pay for the injured person’s losses, even if they had no prior knowledge of the dog’s aggressive tendencies.
Dogs can also hurt people without even biting them. In such cases, the owner is considered at fault if there was negligence. Michigan has a leash ordinance that requires owners to keep their dogs on a leash and on a leash when they are in public. If a dog chases a person in a park or on the street, causing them to stumble and fall, the owner is liable for damages to the injured person.
Tort caps in personal injury cases in Tennessee
Like most states, Michigan has limits – known as tort limits – on the amount a jury can award in a lawsuit.
In cases of medical malpractice, there are two types of maximum damage. As of January 2023, the maximum is $960,500, and the minimum is $537,900. These caps apply specifically to non-economic damages.
The cap comes into play in cases of medical malpractice when negligence has caused it to happen
- Paraplegia, paraplegia or quadriplegia, causing permanent loss of function of one or more limbs
- Permanent cognitive impairment that renders the claimant unable to make independent decisions or perform daily activities without assistance
- Permanent loss or damage to one of the reproductive organs, rendering the plaintiff sterile
The lower limit applies to all other cases where injuries do not meet the above conditions.
In cases of product liability, non-economic damages are capped at $280,000 unless the product defect results in death or permanent loss of vital body function. In such cases, the compensation will be higher but cannot exceed $500,000.