In A Nutshell: Michigan Personal Injury Law

In A Nutshell: Michigan Personal Injury Law

Posted on:
May 09, 2016
Personal Injury
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Personal injury can be a complex area of law in the state of Michigan. There are a number of limitations and specific rules that can greatly impact the outcome of any case. It is critical that people have a basic understanding of the law and how certain characteristics of a case can influence the overall settlement. Here, we will provide a breakdown of the law and specifics of each area of personal injury.

Types of Personal Injury Cases

Personal injury covers many areas of claims. The breakdown of personal injury cases are as follows:

  • Product Liability: In the event that a product created for the public leads to injury or death, those responsible for the production can be held liable in the court of law.  Cases can be brought against the manufacturers, distributors, or designers of the product.
  • Medical Malpractice: When a healthcare provider fails to give proper care then they can be sued for medical malpractice. It must be proven that the medical professional acted in utter disregard for usual procedure.
  • Slip and Fall: If a person slips and falls on property that is managed by an individual or business, then those responsible for property management could be held liable for the injuries sustained.  It is the property owner’s duty to ensure that walking areas are safe or that people are notified of any issues in the area.
  • Wrongful Death: In the event that someone dies due to the gross negligence of another person, then the responsible party will be liable for the estate of the diseased.
  • Workers’ Compensation: Michigan requires that all employers obtain workers’ compensation insurance in order to protect employees if there is an on-site injury.
  • Auto Accidents: Drives may be responsible for damages or injuries sustained during an accident if the driver acted in negligence.

Statute of Limitations

As with most laws, there is a timeline for personal injury cases. It is important that people file a timely case with a personal injury attorney so that you are sure to receive the settlement you deserve. The statute of limitations are as follows:

  • Personal Injury: Two years for intentional conduct and three years for neglectful conduct.
  • Medical Malpractice: Two years following a procedure or six months from date of discovery of injury or condition resulting from the procedure. The time can range based on case, but there is a six year maximum for all cases.
  • Products Liability: The general timeframe is three years. However, if the product was in use for more than 10 years, then the three-year time limit is not strictly followed.
  • Wrongful Death: Cases may be brought for up to three years from the death date.

Other Points to Remember

That state of Michigan has some specific laws in regard to personal injury. People should be aware of the following:

  • Michigan is a no-fault state. This means that it must be proven that the victim had less than 50% blame in the issue in order to be able to file a personal injury case.
  • In order to claim medical negligence in the person must present a medically identifiable condition or injury that impedes their ability to live a normal life.
  • General personal injury claims may not exceed $280,000 in non-economic damages.
  • Product defect may not exceed $500,000 in the event of injury or death.

Flint Top Personal Injury Attorney

Defense is everything when it comes to personal injury cases. If you or someone you know has a case, do not hesitate to reach out to knowledgeable counsel. The office of Nickola Law is located in Flint, Michigan and has a proven track record of getting client’s the settlements they deserve. Call today for a free, no obligation consultation.


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