Free Guide- Overview of Personal Injury Law in Michigan

In Michigan (as in and most other states), a patchwork of different laws may govern, or at least apply, to claims brought by victims of serious injuries. Whether and how you can bring a successful claim can depend, among other things, on where and how you were injured, and by whom. This guide aims to provide a brief overview of the laws and processes involved in severe personal injury claims.

1. Understanding Personal Injury Claims

Personal injury law encompasses a wide range of cases where individuals suffer harm due to the actions or negligence of others. Common types of personal injury claims in Michigan include:

• Car Accidents: Recovering compensation for injuries suffered in an automobile, truck, or motorcycle accident is more complicated than many people realize. Determining fault and liability under Michigan's no-fault insurance system can be complex, because the insurance policies of both the injured party and any party that caused the accident can be implicated.

• Medical Malpractice: There are special laws that establish requirements for proving medical negligence and obtaining compensation for injuries caused by healthcare providers. There are also limitations on certain types of damages in these cases, and special procedures required to prosecute lawsuits.

• Premises Liability: Premises cases involve the responsibility of property owners for injuries sustained on their premises due to unsafe conditions. This includes “slip and fall” and “trip and fall” cases. Many people mistakenly believe that these cases are impossible to win in Michigan, which is no longer the case.

• Products Liability: Products liability cases are those in which a defective product, like a drug, medical device, or consumer product, causes an injury. These cases involve their own special set of rules and limitations that require careful attention.

2. Michigan's Comparative Negligence System

Michigan follows a comparative negligence system, where fault and liability are apportioned between parties based on their degree of responsibility for the accident. See MCL 600.2959. 

• If the injured party is deemed to have acted negligently, any award based on the defendant’s negligence is reduced in proportion to the plaintiff’s negligence.

• If the injured party is more than 50% at fault, Michigan law prohibits the recovery of a certain type of damages called “non-economic” damages. This means categories of damages like pain and suffering, emotional distress, and similar.

3. Statute of Limitations (Time Limits for Filing a Personal Injury Lawsuit in Michigan)

The general rule is that you must bring your lawsuit within three years of suffering your injury (see MCL 600.5805(2)), but there are important departures from the general rule. For example, medical malpractice (MCL 600.5805(8) claims generally must be brought within two years of the malpractice, but again there are exceptions to even that rule. Similarly, claims based on injuries that someone caused you intentionally must typically be filed within two years. MCL 600.5805.

• If you believe you have a personal injury claim, you should seek representation to file your claim promptly because missing the applicable deadline can mean you lose your claim forever.

• If it has been more than two or three years, you should still consult a lawyer promptly. Certain special situations can preserve your right to file a lawsuit.

Key Elements of Severe Personal Injury Claims

1. Determining Liability

• Establishing Fault in Michigan

• The things you or your lawyer will be required to prove are different depending on the type of personal injury case you have. “General negligence” cases are different than no-fault motor vehicle accident cases, as are products liability or premises liability cases.

• Parties Potentially Liable (e.g., individuals, corporations, government entities)

• Sometimes, people do not realize what type of case they may have. For example, if you are assaulted by another person, that could constitute an intentional tort (with a two year statute of limitations period) but could also give rise to a premises liability claim if a business or landowner has failed to provide adequate security.

• Consulting a qualified catastrophic or severe injury attorney is essential to determining whether you have a case that you can win, and just as importantly, collect on.

2. Types of Compensation Available

Victims of severe personal injuries in Michigan may be entitled to various forms of compensation, including:

• Economic Damages (e.g., medical expenses, lost wages, property damage). Experienced and capable attorneys can help you ensure that your losses are fully captured and presented to a court or jury.

• Non-Economic Damages (e.g., pain and suffering, emotional distress). Unfortunately, there are limitations on these damages in Michigan, but in many cases the law still recognizes a right to recovery for them.

• Punitive Damages in Michigan. Michigan courts generally do not award traditional “punitive damages” – damages intended to punish the defendant for its bad conduct. However, in certain circumstances you may be able to recover “exemplary damages” which have a different purpose but similar effect. Consulting with the right lawyer is essential in determining whether you may be able to obtain exemplary damages.

3. No-Fault Insurance System

Michigan operates under a complex system of laws, known as “no fault” for victims of injuries in car, motorcycle, truck, or bus vehicle accidents.

• If you’ve been injured in a car crash, you may be entitled to different benefits from your insurer or another driver’s insurer.  These are called “first party” benefits and claims, and “third party” benefits and claims.

• Recent changes to Michigan’s no-fault law make the process even more complex, and strengthen the need to consult with an experienced attorney.

Special Considerations in Michigan Personal Injury Law

Government Immunity and Liability

• In Michigan, the state and local governments are immune from most lawsuits. However, there are special exemptions to this general rule.

• Under the Michigan Governmental Tort Liability Act, MCL 691.1407, exceptions for which you can still sue the state or local government include the failure to maintain and repair highways; the negligent operation of government-owned vehicles; dangerous or defective conditions in government buildings; and more.

• Claims brought under the Michigan Constitution are also not subject to governmental immunity. This is an important and often overlooked aspect of claims against state and local governments.

• At Coulson P.C., we have extensive experience litigating against state and local governments, both under the statutory exemptions to governmental immunity and in constitutional claims.

Working with a Catastrophic and Serious Personal Injury Lawyer in Michigan

1. Benefits of Hiring a Catastrophic Personal Injury Attorney

• Legal Expertise and Experience

• As shown on this page, the network of laws that governs personal injury claims in Michigan is extremely complicated. It is highly inadvisable to attempt to navigate this environment on your own. A qualified, dedicated attorney is indispensable in this regard.

• Maximizing Compensation

• Generally, you can only bring one lawsuit over your injuries. You don’t get another chance, and you can’t afford to get anything less than full justice. Going it alone or hiring the wrong attorney can have drastic consequences.

2. Choosing the Right Attorney

• Factors to Consider When Selecting a Lawyer

• Like Coulson P.C., almost all personal injury attorneys will take your case on a contingent-fee basis. This means that they will not charge you any fees up front, and will only be paid if they recover money on your behalf. This is typically 1/3 or 33.33% of any recovery.

• You have a right to hire an attorney under a different fee arrangement, but contingent fee agreements are often the most beneficial for the client, and you should be skeptical if an attorney is not willing to take your case on contingency. This may mean that they do not believe in your case enough to share the risks with you.

• It is rarely, if ever, in your best interests to pay a personal injury attorney up front by the hour. If someone presents you with that arrangement, it would be wise to seek a totally independent second opinion.

• Initial Consultation and Case Evaluation

• Like us, almost all personal injury attorneys will provide you with a free consultation and case evaluation. If an attorney wants to be paid for the consultation, it may be a major red flag.

• An attorney should be willing to discuss the strengths and weaknesses of your case, your goals, and how a lawsuit would impact your life.

• Who Will Your Attorney Be?

• You have a right to know which attorney(s) will actually work on your case. Will it be the fact of the law firm, or someone else?

• Many firms have numerous qualified lawyers, but if you want a particular lawyer to be your lawyer, you should discuss and agree to that up front. Otherwise, you may end up being passed off to a lawyer you didn’t agree to work with.

• The decision to hire a lawyer is intensely personal. We suggest that it should always come down to this: is this the right person to tell your story? Do you trust them to do everything in their power to get you the best result?

• Does Your Potential Lawyer Try Cases?

  • Going to trial is a difficult experience for injury victims, and in many cases the best option is ultimately to reach a fair settlement.

  • Sometimes, a defendant simply won’t offer a fair amount, and the best course of action is to proceed to trial.

  • When hiring a lawyer, you should find out whether your candidate(s) actually try cases. Ask when the last time they went to trial was. Ask what investments they make in their trial skills.

  • At Coulson P.C., we invest significantly in our trial skills because we know that some cases demand to be tried, and even cases that ultimately settle should be prepared for trial to ensure maximum justice.

  • You should consider asking your lawyer pointedly: if we do not get an offer I can accept, are you prepared to try this case?

Conclusion

Navigating severe personal injury claims in Michigan demands a thorough understanding of state laws, procedures, and potential challenges. By comprehensively examining the legal framework, types of claims, compensation, and the role of legal representation, injury victims can better protect their rights and pursue fair compensation for their injuries. Whether facing a slip-and-fall, defective drug, medical malpractice, or another type of injury, obtaining the assistance of experienced counsel is essential.

References and Resources

https://www.legislature.mi.gov/

Provides public access to the Michigan Compiled Laws, cited herein.

https://www.michigan.gov/-/media/Project/Websites/difs/Publication/Auto/FIS-PUB_0202.pdf?rev=7f43969712ec4c269abfc0cbf8a843ef

Provides an overview of recent changes to Michigan’s no-fault laws.

https://www.michigan.gov/autoinsurance/choosing-coverage/choosing-bodily-injury-coverage

Provides helpful considerations for choosing bodily injury coverage in Michigan auto insurance policies.

This guide aims to serve as a valuable resource for anyone navigating severe personal injury claims in Michigan, providing clarity on legal rights, procedures, and the importance of seeking qualified legal representation.

Coulson P.C.- Built for Big Cases

At Coulson P.C., we do not take most injury cases. We dedicate ourselves and our resources to a small number of complex, high-value cases where we can work to achieve maximum compensation for our select clients. To find out if we would be a good fit for you, call us at (313) 644-2685, email info@coulsonpc.com, or fill out the form on this page. There is never a charge for the consultation, and if we can’t help you, we’ll do our best to help you find a capable, trustworthy lawyer who can.