Personal Injury Defined Under Michigan Law
A personal injury is more than just a physical wound; it is a legal claim for physical, emotional, or psychological harm caused by another party’s negligent, reckless, or intentional conduct. More specifically, a personal injury is a type of tort or wrongdoing that gives the victim the right to file a claim in civil court.
The goal of these cases is to “make the victim whole” and return them to the position they were in before the accident by shifting the financial burden of an injury from the victim to the responsible party. Typically, this involves monetary compensation for financial and non-financial losses, such as lost wages, medical bills, and pain and suffering.
Common Types of Personal Injury Claims
Personal injury is an umbrella term used to describe a wide variety of legal cases centered on harm caused by another’s conduct. In Michigan, personal injury claims commonly arise from:
- Car accidents
- Commercial truck collisions
- Motorcycle accidents
- Bicycle crashes
- Pedestrian injuries
- Slip and fall incidents
- Dog bites and animal attacks
- Dangerous products
- Medical errors and malpractice
- Burns or catastrophic injuries
- Workplace injuries (in some cases)
- Assaults or other intentional acts
- Wrongful death
Not every injury is considered a tort. You must be able to prove that someone else was legally responsible through their actions or inactions.
Michigan’s Personal Injury Laws
Rules for filing a personal injury lawsuit fall under Michigan Compiled Laws. There are specific rules for when you can file a lawsuit and how long you have to initiate a claim based on the cause of action. Here are some of the basics.
Liability
Negligence (carelessness) is the most common cause of action in personal injury claims. Product liability cases and dog bites are based on the doctrine of strict liability. Employers can be held responsible for the actions of their employees through vicarious liability. There are also intentional torts, such as assault and battery and violent crimes.
Statute of Limitations
MCL 600.5805 typically gives you 3 years from the date of the injury to file a personal injury claim, but numerous exceptions apply. For example, medical malpractice cases must be filed within 2 years and require advance notice as well as an affidavit of merit. Some claims against the government must be filed in as little as 120 days.
Special Rules for Auto Accidents
Michigan’s no-fault insurance laws can also affect your right to compensation. If you’re injured in a motor vehicle accident, you have 1 year to claim PIP benefits and 3 years to file a lawsuit if your injuries are severe enough to qualify. There’s also a mini-tort rule that lets you recover up to $3,000 from the at-fault driver to cover your deductible and other non-covered expenses.
This is a general overview of Michigan’s personal injury laws. Many exceptions apply, especially in claims involving minors or delayed discovery of a previous injury. It’s best to speak with an attorney right away to understand and protect your rights.
What Is Negligence?
Negligence is the cornerstone of most personal injury claims. It means that someone failed to exercise reasonable care and caused harm to another party as a result. Here are some real-world examples of negligence:
- A distracted driver caused an accident by running a red light.
- A business failed to clean up a spill, which caused a patron to slip and fall.
- A driver caused a bike or pedestrian accident by turning right on red without looking.
- A pet owner invited a friend over but failed to warn them about their vicious dog.
- A doctor ignored critical symptoms that another physician would have noticed.
Not every accident involves legal negligence. As the plaintiff, your attorney bears the burden of proof when it comes to showing that the breach of duty was the direct or proximate cause of your injury.
Elements of Proof in a Personal Injury Case
To recover compensation for personal injuries, the injured party, who is known as the plaintiff, must prove four elements by a preponderance of the evidence:
- Duty of Care: The defendant had a legal obligation to act with reasonable care (e.g., all motorists have a duty to drive safely).
- Breach: That duty was violated through an action or inaction (e.g., the person was texting and driving or failed to stop in time).
- Causation: The breach caused the injury or damages (e.g., the injury would not have happened but for the defendant’s negligence).
- Damages: The plaintiff suffered actual losses as a result (e.g., medical bills, lost wages, pain).
These elements apply whether your case is related to a car crash, dog bite, or fall on a dangerous property. While all four are necessary to win a case, proximate cause is often the most difficult element to prove because it requires showing that the harm was a foreseeable result of the defendant’s specific actions, rather than an unrelated or intervening event.
Modified Comparative Fault in Michigan
Sometimes, more than one party is responsible for an accident. In these cases, Michigan’s modified comparative fault system, which is described in MCL 600.2959, applies. This system allows two or more parties to share fault while still providing reduced compensation in many cases. Here’s how it works.
- If you’re partially at fault, your damages are reduced by your percentage of responsibility. For example, if you’re 20% at fault, your award is reduced by 20%.
- If you’re more than 50% at fault (51% or more), you cannot recover compensation for non-economic damages like pain and suffering.
The modified comparative fault rule can have a major impact on your case. Insurance companies often try to shift blame or claim that you’re responsible for a larger share of fault, whether or not it’s true. That’s why early legal representation is so important before insurance companies have a chance to build their narrative and blame you for your own injuries.
What Compensation Is Available for Personal Injuries?
In personal injury lawsuits, damages are awarded to compensate victims for tangible and intangible losses. Damages in personal injury cases are divided into two main categories:
Economic Damages
- Medical bills (current and future)
- Lost wages due to your injury
- Loss of earning capacity if you’re disabled
- Physical therapy and personal care expenses
- Property damage
- Other out-of-pocket costs
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disfigurement or disability
- Loss of consortium for impacts to a spouse
In wrongful death cases, surviving family members may also recover compensation for funeral costs, loss of companionship, and other expenses. Michigan also allows for exemplary damages in certain situations where the defendant’s willful, malicious, or wanton conduct has caused humiliation, outrage, or emotional suffering.
How the Legal Process Works
Most people never think that they will have to file a lawsuit for injuries sustained in a car accident or on a hazardous property, so they are unfamiliar with the claims process. Here’s what you can expect if you need to file an insurance claim or personal injury lawsuit.
- Free Case Review: The first step is to have a personal injury lawyer like Jason Barrix evaluate your injuries, determine liability for the accident, and assess your legal options.
- Investigation: If the attorney agrees to move forward with your case, the next step is to gather supporting evidence documenting your injuries. This includes medical records, witness statements, pay stubs, accident reports, and more.
- Demand Letter: Once your damages have been assessed, your attorney will send a formal demand letter to the insurance company outlining your damages and requested compensation.
- Insurance Negotiations: Your attorney will communicate with the insurance company to negotiate a settlement that covers all of your expenses. This step can involve some back and forth.
- Filing a Lawsuit (if needed): While most personal injury cases are resolved through out-of-court insurance settlements, we’re prepared to file a civil lawsuit in the appropriate court if settlement negotiations stall.
- Resolution: Whether your case resolves through a settlement or verdict, the final step is to pay off any remaining medical bills and distribute the remaining funds to you. Remember, there’s no fee unless we recover compensation for you.
See if You Have a Personal Injury Case
Not sure if your injury qualifies for an insurance claim or lawsuit? Contact Barrix Law Firm today to schedule a free, in-depth consultation. We’ve been serving clients in Grand Rapids, Grand Haven, Muskegon, Holland, and West Michigan for over 30 years. We’ll help you understand your legal rights and take the next step toward justice.
