Personal Injury Law in Michigan

Were you hurt due to another’s negligence in Michigan? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Michigan can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Michigan relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding too litigation.

Examples of Personal Injury Claims in Michigan

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Michigan 

The Michigan Department of Health and Human Services found that more than 29 people died in an average week from a traumatic brain injury in Michigan in 2015. State officials found that there are four main causes of emergency room visits that involve unintended injuries. Traumatic brain injury is the number one cause, followed by motor vehicle crashes injuries, child abuse injuries, and intimate partner abuse injuries.

Steps in a Personal Injury Lawsuit in Michigan

Once you determine that you wish to proceed forward with a personal injury action in Michigan

A lawsuit begins when you file a complaint with the court and serve the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After filing your lawsuit in Michigan civil court, you enter the discovery, or evidence gathering process. Next comes a case evaluation and mediation which could lead to a potential settlement. Then, assuming no settlement can be reached, your case may proceed to trial.

Michigan Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Michigan Courts offers a case record search service that allows you to see the public records of cases heard by the Michigan Civil Court. Typically, personal injury settlements are reached outside of court in order to avoid court fees among other things. In Michigan, personal injury cases tend to be settled at a median amount of about $13,000. However, there are so many factors  that can affect a personal injury case like work loss costs, and the severity of the injury. This gives the average personal injury settlement a huge range of anywhere from $3,000 to about $75,000.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in MI, that means you risk not receiving any compensation at all.

Damage Awards in Michigan

If your Michigan personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Michigan does not set a cap on economic damages or non-economic damages. However, the state does have varying damage caps on both medical malpractice and product liability settlements.

Statute of Limitations in Michigan Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The statute of limitations in Michigan gives all personal injury cases three years to file a suit. This means you have three years from the date of your injury to file any relevant suit.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Michigan Lawyer

Pursue a personal injury claim in Michigan against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Michigan state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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