Personal injury litigation is subject to different regulations in every state. To bring a case in Michigan it is very important that you consult an experienced Michigan personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Michigan can arise from negligence or intentional wrongdoing.
In Michigan you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In Michigan personal injury lawsuits you can still recover damages even if you were negligent. Michigan follows a doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury as long as they were more negligent than the plaintiff.
Michigan personal injury law follows the doctrine of several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the portion of the damages equal to their portion of the fault in the case. Under Michigan law if one defendant is unable to pay what they owe, other defendants cannot be held liable for this cost.
Michigan limits the non-economic damages for most medical malpractice cases to $280,000. In certain cases specified by law non-economic damages of up to $500,000 can be awarded. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
Michigan does not limit punitive damages. Punitive damages are damages awarded to punish the defendant for their wrongdoing.
In Michigan you have three years to file a personal injury lawsuit under the state's statute of limitation.
If you are considering pursuing a claim in Michigan you need the counsel of a personal injury attorney who understands the nuances of Michigan law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.