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Michigan
Personal Injury Law
The following summary of Michigan personal injury laws and liabilities
will help you understand important aspects of injury claims in this
state.
Michigan Statute of Limitations:
Personal
Injury: 3 years for negligent conduct, 2 years for
intentional conduct.
Medical
Malpractice: 2 years, or 6 months from the date of
discovery up to a 6 year maximum.
Products
Liability: 3 years unless the product was in use for more
than 10 years in which case, strict liability will not be the standard.
Wrongful
Death: 3 years.
Caps on Personal Injury Awards in Michigan:
The award may not exceed $280,000 for non-economic
damages for general personal injury claims. If a design
defect caused the person's death or permanent loss of a vital body
function, the award cap may not exceed $500,000.
Michigan Serious Injury Threshold:
In order to recover for personal injury damages in Michigan there must
be a medically identifiable injury or condition that has a physical
basis, it must be to an important body function, and must affect that
person's ability to lead their normal life.
Michigan is a
No-Fault state and follows the modified comparative
negligence – 51% theory, meaning a party can only recover if they are
50% or less at fault.
Personal Injury Claims & Theories of
Liability in Michigan:
Auto
Accident Claims: Automobile drivers can be held liable to
other drivers and
passengers for any negligent actions that
result in personal injury to others. They may also be responsible for
property damage.
Product
Liability Lawsuits: When a product that
has been made available to the public for use and consumption
ultimately injures another, manufacturers, designers and distributors
can be held strictly liable for the injuries.
Medical Malpractice Claim:
When medical doctors do not perform according to the standards of
professional practice, they can be held liable for any damages that
result. In these cases it must be shown that the doctor or other health
professional deviated from reasonable care practices.
Wrongful
Death Cases: When an individual dies due to the negligence of
another, the liable party or parties will be responsible to the victim's
estate for any and all personal injury settlements that arise.
Slip and
Fall Accidents: When a property owner fails to make their
property safe, make reasonable inspections or notify others of any
known dangers, they will be liable for personal injury or property
damage that arise as a result.
Workers
Compensation Laws: Michigan is a compulsory state. Therefore,
all employers are required to maintain workers compensation insurance
in the event of an on-the-job injury by one of their employees.
For More
Information Check out these sites:
Official
Michigan State Website
Michigan Office of Insurance Regulation
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