Michigan has specific laws and regulations in place regarding personal injury cases. It’s essential to consult with a qualified attorney for the most up-to-date and accurate advice tailored to your specific situation. 1-800-Injured is a medical and legal referral network that connects clients with experienced professionals.
Here are some key elements of personal injury law in Michigan:
No-Fault Insurance System: Michigan operates under a no-fault auto insurance system, which means that regardless of who is at fault for a car accident, individuals involved can seek compensation for medical expenses and lost wages from their own insurance providers. This system is designed to provide prompt payment for medical bills and wage loss without the need for protracted litigation.
First-Party Benefits: Under Michigan’s no-fault system, individuals injured in car accidents can typically claim first-party benefits, which include medical expenses, rehabilitation costs, lost wages, and replacement services (such as household help). These benefits are available regardless of fault.
Threshold for Lawsuits: While Michigan has a no-fault system, it also allows individuals to file a personal injury lawsuit against the at-fault driver in certain circumstances. The injured party must meet specific threshold criteria, including death, serious impairment of body function, or permanent serious disfigurement.
Limitations on Lawsuits: Michigan imposes strict limitations on personal injury lawsuits. You generally have three years from the date of the accident to file a personal injury lawsuit. However, the no-fault insurance system may affect when and how you pursue legal action.
Comparative Fault: Michigan follows a comparative fault system, meaning that if you are partially responsible for the accident, your recovery may be reduced proportionally. If your fault is deemed to be 50% or more, you may not recover damages.
Caps on Damages: Michigan law may limit the amount of non-economic damages (such as pain and suffering) that you can recover in a personal injury lawsuit, depending on the circumstances.
Medical Providers and Health Insurance Liens: In some cases, medical providers and health insurance companies may have liens on any settlement or judgment you receive in a personal injury case to recover the costs they have paid for your treatment.
Dog Bite Liability: Michigan has a strict liability statute for dog bites. This means that a dog owner can be held liable for injuries caused by their dog, regardless of whether the dog had a history of aggression or not.
Premises Liability: Property owners in Michigan have a duty to maintain safe conditions for visitors. If someone is injured on another person’s property due to negligence, the property owner may be liable for damages.
It’s important to note that personal injury law can be complex. If you are involved in a personal injury case in Michigan, it is highly advisable to consult with an experienced attorney who can provide guidance tailored to your specific circumstances and navigate the legal intricacies of your case.
We recommend you reach out to a personal injury lawyer right away, and we can help you do so. Begin your Mississippi personal injury case today.