Personal Injury Law in Michigan
The state of Michigan requires that in cases of personal injury, the plaintiffs must prove that the incident was caused due to the defendant’s carelessness or negligence. Plaintiffs must also prove that the defendant’s wrongdoing actually caused their damages and/or suffering.
While in the state of Michigan comparative negligence law is in effect. This means that the amount the plaintiff can receive is lowered by their own percentage of responsibility in the incident. However, if you were 50 percent or more at fault for the incident you are entitled to zero compensation. If multiple parties were involved in the incident, those parties at fault are entitled to share the compensation due based on each of their own percentage of responsibility in the matter. In medical malpractice cases, if there is more than one person involved, each party involved could be forced to pay the total amount of your losses.
In the case of a consumer product personal injury lawsuit, Michigan uses products liability law. In order to be successful in a personal injury lawsuit in these kinds of cases in Michigan, the plaintiffs must prove that the product was flawed and or didn’t have proper warnings, which caused the consumer harm and damaged them in a substantial way.
In most cases, defendants that lose a personal injury lawsuit are responsible for a several things. For example, they would be responsible for any payments made by the plaintiff relating to the personal injury case. The defendant is also responsible for any funds lost by the suing party, personal property damage, bodily injuries or permanent personal damage, pain either physical or emotional, any other costs due to the personal injury lawsuit at hand. This does not include attorney’s fees which are paid out of the total settlement amount. In medical malpractice cases it is always best to consult a trained medical expert for help in the specific matter at hand.
In Michigan, there are limitations on how much money the plaintiff can receive for non-monetary damages in medical malpractice cases. The amount of the limitation depends on how bad the injuries and non-monetary losses happen to be. There is no cap on monetary losses.
The statute of limitations in Michigan for personal injury cases is three years, meaning that if there is no lawsuit filed within the first three years after the incident then there cannot be a lawsuit. Consult a qualified Michigan Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
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