Coulson P.C. Guide to Catastrophic Injury Claims in Michigan
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:
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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.
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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.
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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.
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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.
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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.
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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
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.
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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.
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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.