The laws that govern personal injury claims vary from one state to the next. In Michigan, state laws and statutes determine what compensation you can seek in a personal injury lawsuit and the degree of responsibility you can hold for your own injuries and still expect to receive a payment of damages. Because state laws and regulations govern personal injury claims, it’s best to secure the services of a personal injury lawyer familiar with handling claims in the state of Michigan. He or she will be able to help you establish fault under state statutes and will work to get you the fairest amount of compensation possible in your claim.
Michigan is a “Comparable Fault State”
In the state of Michigan, fault must be determined in every personal injury claim. The claimant and the parties they name in their lawsuit as holding responsibility for the injuries that occurred can share fault, but it’s important to realize that you cannot hold any more than 49 percent responsibility for your own injuries if you expect to receive compensation in your claim.
Additionally, while you can share responsibility for your own injuries, the payout of damages you receive in your claim cannot exceed the amount of fault the responsible parties hold for your injuries. In other words, if you are 10 percent responsible for your own injuries according to the comparable fault analysis or contributory negligence establishment in your claim, then you can only expect to receive 90 percent of the damages that might otherwise have been awarded in a case such as yours.
Potential Damages for Personal Injury in Michigan
Your personal injury claim in Michigan can include damages for financial losses you’ve suffered due to your injuries. It can also include damages for physical and emotional injuries, as well as non-economic losses.
The type and amount of damages sought in your case will depend primarily on the injuries you suffered and the degree of pain and suffering you’ve experienced as a result of your injuries. A personal injury attorney can help you determine how much compensation you should pursue and the kinds of damages you should include in your claim.
That being said, Michigan personal injury claims can include damages for economic losses, like property damage expenses, any lost wages, the loss of future earning ability, medical expenses, and the cost of household help or other supportive care. Non-financial damages, like compensation for pain and suffering, can also be included in a Michigan personal injury lawsuit.
Statute of Limitations for Personal Injury Claims in Michigan
In order to receive compensation for damages, you must file your claim for liable or slander within one year, or for all other personal injury claims, within three years of the moment you realized you “suffered harm” due to the actions or negligence of another individual or entity. These timeframes are known as the statute of limitations and each state establishes its own limitations on the filing of a valid personal injury claim.
Because not all personal injuries are immediately apparent, it is sometime possible to file a claim outside the normal statute of limitations window; however, in order to do so, you will need the help of a Michigan personal injury attorney familiar with handling claims like your own. If for example, you were not immediately aware you’d “suffered harm” and only discovered the fact after the statute of limitations had passed, you may still be able to file a valid claim for personal injury compensation with the help of a Michigan personal injury lawyer.