Michigan Personal Injury Claims & Cases

If you were injured in an accident due to another person, business, or another entity’s negligence, you have legal options to pursue compensation. However, the legal elements involved in filing a successful personal injury lawsuit are nuanced and complex.  Our personal injury lawyers can take you from the claim process to a settlement.

Every personal injury claim for damages must have a basis in the law. Furthermore, there is an established process for demanding compensation that begins long before a case ever gets to court. Only by following this process can you maximize your chances for success. As a result, you might wish to reach out to a knowledgeable lawyer to discuss the Michigan personal injury case process. A well-versed personal injury attorney will help to guide you through each step of establishing a claim, gathering evidence, and requesting full and fair compensation.

• How to file a personal injury claim
• Can I settle a case before going to court?
• Why hire a personal injury lawyer?
• Personal injury settlement example

How to File a Personal Injury Claim in Michigan

An injured person can initiate a personal injury claim as soon as they suffer a bodily injury. In fact, it may be beneficial to do this promptly, as evidence might disappear or fade over time. Therefore, the sooner a person begins the process, the better chance they have of retaining a clear and accurate picture of what happened.

What is the Process of a Personal Injury Claim?

1. Identify the Responsible Party (Defendant): The first step is to identify who is legally responsible for your injury. This could be another driver in a car accident, a property owner in a trip-and-fall case, or even a hospital in a medical malpractice case. In many instances, the responsibly party’s insurance company will also be involved as a co-defendant. If so, much of the pre-trial case will run through that insurance company.
2. Document the Incident and Collect Evidence: At the scene of the accident, gather as much evidence as possible. If possible, take photos of the surrounding area, property damage, and any other factors that contributed to the incident. If there are witnesses, get their contact information. Obtain medical treatment for your injuries. Not only is this essential for your recovery, but medical records are crucial evidence in any personal injury case.
3. Report the Accident: Depending on the type of the accident, report the incident to the appropriate authorities (e.g., police, property owner). This step creates an official record of the event, which can support your claim. In fact, it is often enough to start a claim by merely sending an insurance company a letter stating that an incident has occurred and that they should accept liability.
4. Consult with a Personal Injury Lawyer: Contacting an attorney early in the process is highly recommended. An experienced attorney can help you navigate the legal process and seek compensation. Once the responsible party and their insurer are identified, your attorney will file the personal injury claim. This often starts with a formal letter to the insurance company, notifying them of the incident and requesting that they accept liability.
5. Negotiate Compensation or Pursue Legal Action: After filing the claim, negotiations with the insurance company may begin. If a fair settlement can’t be reached, your attorney will help you prepare for a lawsuit, guiding you through the litigation process.

Types of Personal Injury Cases

When filing a personal injury claim, identifying the responsible party is crucial. Some examples of situations that could lead to a personal injury claim in Michigan include:

• Car accidents
• Trip-and-fall incidents
• Assault & Battery
• Police misconduct
• Caretaker child abuse
• Medical Malpractice
• Personal Trainer Negligence
• Student hazing incidents
• Hair salon injuries
• Tattoo injuries
• Fireworks/Exploding products
• Wrongful imprisonment/prison fatalities
• Manhole steam burns

Michigan Personal Injury Statute of Limitations

In Michigan, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the injury. This means that if you have been injured due to someone else’s negligence, you must file a lawsuit within this time frame, or you may lose your right to pursue compensation.

However, there are exceptions to this rule, such as:

• Medical Malpractice Claims: The statute of limitations is typically two years from the date of the incident or six months from the date the injury was discovered, whichever is later.
• Claims Involving Minors: The time limit may be extended in cases where the injured party is under 18 years old.
• Wrongful Death Claims: These claims generally follow the same three-year limitation but can vary depending on specific circumstances.

It’s essential to consult an attorney early to ensure your case is filed on time.

Michigan Personal Injury Settlements: Compensation Outside

In Michigan, some personal injury cases end with a settlement before the case gets to court.

To accomplish this, it is necessary to prove all the elements of the case to the defendant or their insurance company. For example, a plaintiff in a car accident case should provide information about how the defendant driver was responsible for the accident, as well as how that accident affected the plaintiff’s life.

If the evidence is persuasive, an insurance company might feel as though they will lose in court and will, therefore, offer a settlement to manage their payments.

An attorney could work tirelessly to prove the validity of a case before it gets to court. They can help to gather essential evidence, measure a person’s losses, and push for fair compensation in settlement talks.

Typical Ranges for Michigan Personal Injury Settlements

While every case is unique, personal injury settlements can vary based on the severity of the injury, the evidence presented, and the defendant’s willingness to negotiate. Below is a general range for settlements based on typical case types in Michigan:

• Minor Injuries (e.g., whiplash, minor scarring): $5,000-$50,000
• Moderate Injuries (e.g., bone fractures without surgery, minor concussions): $50,000-$250,000
• Severe or Catastrophic Injuries (e.g., brain injuries, paralysis): $250,000-$10,000,000 and up
• Wrongful Death Cases: $500,000-$10,000,000 and up

The amount of your personal injury settlement will vary depending on the specific facts and medical conditions in your case. The amount of insurance coverage available to pay a settlement is a major factor in determining the compensation paid in a personal injury lawsuit. Your case may have greater value than the estimated ranges. Our dedicated legal team will work hard to win you the maximum possible settlement.

Michigan Personal Injury Settlement Case Study

A delivery employee was making a delivery at a big box store. While walking in the docking area, an employee lowered a heavy metal door. It forcibly struck the plaintiff causing permanent injuries.

The plaintiff was diagnosed with a traumatic brain injury. He also suffered a neck injury that required a cervical fusion.

The store denied liability for the incident. Just prior to trial, the case settled for $3.85 million at mediation.

Taking the Personal Injury Case to Court

In some cases, there will be a dispute over whether a defendant is liable for an incident. There may also be disagreements over the extent of a plaintiff’s losses. When this happens, it may be necessary for a plaintiff to file a complaint in court in order to request the payments they want.

Even if a plaintiff does file a complaint in civil court, this does not mean that a settlement is out of the question, however. Still, it is essential for them to be able to prove their personal injury case, should it go to trial.

This is because Michigan courts use a concept known as comparative negligence to assign blame for injury claims stemming from accidents, such as construction accidents or heavy machinery injuries. Under Michigan Compiled Law §600.2959, a jury must reduce a plaintiff’s award and pain and suffering damages if they believe that a plaintiff shares some of the blame. Because of this, hiring a seasoned attorney to provide guidance with each step might be beneficial.

Get Help from a Michigan Personal Injury Lawyer

The days and weeks following an injury, such as a shoulder injury, can be traumatizing, chaotic, and overwhelming. When an injury is severe, it is likely that you will need extensive medical treatment and have to miss time at work, despite a pile of medical bills and other accident-related expenses.

While liability in many of these cases might be clear, defendants and their insurance companies will likely fight to protect themselves. A dedicated and skillful lawyer who is familiar with each step of the Michigan personal injury case process could help.

By working to gather evidence, calculate your losses, and pursue a thorough claim on your behalf, an attorney at Buckfire Law Firm could prove to be an invaluable legal ally.

Get started on your case today by calling the experienced legal team at Buckfire Law for a free consultation.

Michigan Personal Injury References and Resources

• University of Michigan Injury Prevention Center
• American College of Emergency Physicians Trauma Prevention

Legally reviewed by:

Lawrence J. Buckfire, J.D., Lead Trial Attorney at Buckfire Law
Lawrence J. Buckfire, J.D. has over 30 years of experience specializing in personal injury and wrongful death cases. He earned his undergraduate degree from the University of Michigan and attended Wayne State University School of Law. Lawrence has been named a Super Lawyer, U.S. News Best Lawyer, and in The National Trial Lawyers-Top 100 Trial Lawyers.
Date of Review: Nov., 2024