Anyone who has experienced a personal injury in Michigan may be entitled to compensation by filing a Michigan personal injury claim. There are many kinds of accidents when personal injuries typically take place, like motor vehicle accidents, slips and falls, motor cycle accidents, truck accidents and many more.
As long as you are able to find sufficient evidence that proves the other driver or entity was at fault and caused your injury you should be eligible to file a personal injury claim in Michigan which covers the financial loss caused by the injury.
In Michigan, you can expect to receive the total cost of all medical treatment, the cost of repairs to your car (if applicable), any lost wages while you are unable to go to work and a monetary amount calculated to cover your pain and suffering which often works out to be much more than the cost of your medical treatment. However, you may need some Michigan personal injury help to ensure you get the personal injury compensation you are entitled to receive.
How Do I File a Claim in Michigan?
Before you make the decision to file a personal injury claim, you must be sure you have sufficient evidence to support your claim which proves you didn’t cause the accident. You also need to consider the state’s statute of limitations which is the time you are given to file a personal injury claim.
Like most other states, Michigan has a law that limits how long you have to file a court case after an injury. You are given just 3 years from the onset of the injury to file a personal injury lawsuit to court against the at-fault party. If you don’t get your lawsuit started by this time the court may refuse to hear your case. If you are filing a claim against a government entity you only have 6 months to begin the process of pursuing your claim.
How Do I Prove Negligence in Michigan?
Proving negligence in a personal injury claim could depend on the evidence you provide. These are several different types of evidence that can be used to support your personal injury claim such as:
- your doctor’s report with your diagnosis and probable recovery time;
- the police report about the accident;
- reports provided by eye witnesses;
- receipts for medical treatment;
- photos taken off nearby surveillance cameras, if possible;
- photos taken at the accident scene.
Michigan’s Comparative Negligence Rule
If the at-fault party can prove you are partly at fault for your injuries, the amount you may be eligible to recover from other at-fault parties may be lowered or even eliminated in Michigan. The state uses a “modified comparative fault” rule to reach a settlement for cases when the injured person is found to be partly at fault.
Under this rule, damages are decreased if the injured person is found to share any proportion of fault, and damages are eliminated completely if the injured person is found to be 50% or more at fault. As Michigan’s no-fault injury laws are not that clear cut, you’ll need to consider asking a Michigan personal injury attorney to guide you through the claims’ process.
What Kind of Compensation Can I Receive in Michigan?
There are two main types of damages in a personal injury claim which are economic and non-economic damages. Economic damages are calculated in cash terms and are the amount of money the injured person has either lost due to the injury or is having to pay out due to the injury.
Economic damages may include the following:
- medical bills,
- property damage,
- lost wages,
- lost earning capacity.
Non-economic damages could include:
- physical impairment (such as loss of the use of a limb or organ),
- pain and suffering,
- loss of enjoyment in life,
- emotional distress,
- disfigurement caused by the injury.
Michigan has a cap on non-economic damages in medical malpractice cases. From January 2017, this cap is $445,500 for "pain and suffering" and other non-economic damages in most kinds of malpractice cases, but is $795,500 for malpractice cases where death or extreme disabilities occur.
How Do I Get Personal Injury Help in Michigan?
What influences the winning of a successful personal injury claim the most in Michigan is being certain that the evidence provided proves without a reasonable doubt who or what caused your accident. It is important to get personal injury help in Michigan and a personal injury attorney has the experience to assess and win a favorable personal injury claim on your behalf.
The attorney can carefully go through all the evidence and can provide all the personal injury help by putting in all the necessary effort to get the personal injury compensation you are entitled to receive. Complete a Free Case Evaluation today.