Personal injury laws, such as the statute of limitation and negligence laws, may vary depending on the state/jurisdiction in which the injury takes place. These differences can have varying degrees of impact on your personal injury claim.
It is important to recognize all your options when filing an injury claim. Michigan, like other states, tries personal injury cases according to the laws of the state. Although personal injury laws may be relatively easy to understand, the sheer volume of information on the subject can make it difficult to keep track of all the components.
Therefore, it is advisable to hire a personal injury lawyer to raise your chances of filing a successful personal injury claim. There are several personal injury law firms in Michigan, such as Mike Morse Injury Law Firm Pontiac, MI, that are available for consultation/hire. As stated earlier, Michigan lawyers also have to file personal injury claims in accordance with Michigan state laws such as:
Statute of Limitation
This refers to the amount of time allowed for a case to be filed after a crime has occurred. The statute of limitation on personal injury in Michigan is three years, i.e, the injured party is allowed a period of three years to file a claim against the at-fault party.
After this time has elapsed, the injured party can no longer file an injury claim. However, there may be exceptions, such as a case whereby the victim is unaware of their injury or where they’re unconscious for a long period. In this case, the statute of limitation starts counting after they have discovered their injury or regained consciousness.
For personal injury claims against the government in Michigan, the statute of limitation for filing a claim is 6 months or 120 days if it’s related to bad public infrastructures, and two years to file a lawsuit if your claim is ignored or denied.
The Comparative Negligence Rule
Comparative negligence rule means that all parties involved in a personal injury case are held accountable for their respective role in the event, even if the fault is only a little. This result of which can be noticed when the settlement is being decided.
Michigan employs a modified comparative negligence rule in personal injury cases. The settlement is reduced if the injured party is found to be partially responsible for the accident. The fault is calculated in percentage, furthermore, the higher the fault, the lower the settlement.
However, as long as the injured party’s fault does not exceed 50%, they remain eligible to receive compensation for their injuries. It is important to also note that compensation for injuries or damages is canceled if the injured party’s fault exceeds 50%.
Michigan also employs a no-fault car insurance rule. This means that injured victims of a car accident receive compensation for medical costs, lost wages, and other damages from their insurance providers. Apart from special circumstances, this rule stands regardless of who is at fault for the car accident.