If you’ve been injured due to someone else’s negligence in Michigan, understanding your legal rights and the claims process is essential to securing fair compensation. Michigan has unique personal injury laws that differ significantly from other states, particularly regarding auto accident claims, damage caps, and liability rules. Whether you’ve been hurt in a car crash, suffered injuries on someone else’s property, or experienced medical malpractice, knowing the specific statutes, deadlines, and procedural requirements that apply to your case can make the difference between a successful claim and a missed opportunity for justice.

Michigan’s personal injury landscape is shaped by distinctive features including its no-fault auto insurance system, specific statutes of limitations for different claim types, and modified comparative negligence rules. The state has particular requirements for filing claims against government entities, strict deadlines that must be met to preserve your rights, and specific damage caps that may limit your recovery in certain cases. This comprehensive guide provides detailed, state-specific information about Michigan personal injury law to help you navigate the legal process, understand your options, and make informed decisions about pursuing compensation for your injuries.

Table of Contents:

Disclaimer: This guide is provided for informational purposes only and does not constitute legal advice. Personal injury law is complex and fact-specific. For advice about your particular situation, you should consult with a licensed Michigan attorney who can evaluate the specific circumstances of your case and provide guidance tailored to your needs.

Michigan Statute of Limitations for Personal Injury Claims

The statute of limitations is a strict deadline by which you must file a lawsuit or forever lose your right to seek compensation through the courts. Michigan has specific time limits that vary depending on the type of injury claim you’re pursuing.

Personal Injury Claims – MCL 600.5805(10)

For most personal injury cases in Michigan, including slip and fall accidents, assault, defamation, and general negligence claims, you have three (3) years from the date of the injury to file a lawsuit. This deadline is codified in Michigan Compiled Laws Section 600.5805(10).

Example: If you slip and fall in a grocery store on March 15, 2024, you have until March 15, 2027, to file a lawsuit against the property owner. If you wait until March 16, 2027, your case will almost certainly be dismissed as untimely, regardless of how strong your evidence is.

Auto Accident Claims – MCL 500.3145

Michigan’s no-fault auto insurance system creates unique timing issues for car accident claims:

• No-Fault PIP Benefits: Claims for personal injury protection (PIP) benefits through your own insurance must generally be made within one (1) year of the accident, though this can be extended to three years if reasonable written notice was provided to the insurer within one year (MCL 500.3145).
• Third-Party Liability Claims: For claims against the at-fault driver for non-economic damages (when you meet the “serious impairment of body function” threshold), you have three (3) years from the date of the accident under MCL 600.5805(10).

Property Damage – MCL 600.5805(10)

Claims for property damage, including damage to your vehicle in an auto accident, must be filed within three (3) years of the date the damage occurred.

Medical Malpractice – MCL 600.5805(4) and 600.5838a

Medical malpractice claims in Michigan have more complex timing rules:

• General Rule: Two (2) years from the date of the act, omission, or occurrence that caused the injury
• Discovery Rule Exception: If the injury is not discovered immediately, the statute may be extended to six (6) months after the plaintiff discovers or should have discovered the injury, but no more than six (6) years from the date of the act that caused the injury (MCL 600.5838a(2))
• Foreign Object Exception: If a foreign object was left in the patient’s body, the two-year period begins when the object is discovered or reasonably should have been discovered

Example: A surgeon operates on a patient in January 2024 and negligently leaves a surgical sponge inside. The patient experiences vague symptoms but doesn’t discover the sponge until an x-ray in March 2027. Under the discovery rule, the patient would have until September 2027 (six months after discovery) to file suit, even though more than two years have passed since the surgery. However, if the sponge wasn’t discovered until 2031, the six-year absolute bar would prevent any lawsuit.

Wrongful Death – MCL 600.5805(10)

Wrongful death claims in Michigan must be filed within three (3) years from the date of death, not the date of the injury that led to the death. This is an important distinction.

Example: A person is injured in a construction accident on June 1, 2024, but dies from those injuries on August 15, 2025. The wrongful death claim must be filed by August 15, 2028, not June 1, 2027.

Minors and Disabilities – MCL 600.5851

Michigan law “tolls” (pauses) the statute of limitations for minors and legally incapacitated individuals:

• For minors (under 18), the statute of limitations generally does not begin to run until they turn 18
• The claim must still be filed within the standard period after turning 18 (three years for most personal injury claims)
• However, for medical malpractice claims, minors must file within the later of: (a) their 19th birthday, or (b) the standard limitations period

Government Claims – MCL 691.1404(1) and 600.6431

Claims against governmental entities have much shorter notice requirements (discussed in detail in the Government Claims section below):

• Notice of Intent: Must be filed within six (6) months of the injury for claims against the state
• Lawsuit: Must be filed within one (1) year for claims against the state after filing the notice

Critical Warning: Missing a statute of limitations deadline almost always results in complete dismissal of your case. Courts have very limited discretion to extend these deadlines. If you’re approaching a deadline, consult an attorney immediately.

Michigan’s Fault and Negligence System

Michigan follows a modified comparative negligence system with a 50% bar rule, as established by Michigan case law and MCL 600.6304.

Modified Comparative Negligence Explained

Under this system, an injured plaintiff can recover damages only if they are less than 50% at fault for their own injuries. If the plaintiff is found to be 50% or more at fault, they recover nothing. If they are less than 50% at fault, their damages are reduced by their percentage of fault.

This is codified in MCL 600.6304, which states: “In an action based on tort… the liability of each defendant for non-economic damages shall be joint and several unless the trier of fact determines that the plaintiff is not more than 50% at fault.”

How It Works in Practice

Example 1: Plaintiff 30% at Fault

Sarah is injured in a car accident. The jury determines her total damages are $100,000 and finds she was 30% at fault for the accident (perhaps she was slightly speeding), while the defendant was 70% at fault. Sarah would recover $70,000 ($100,000 minus 30%).

Example 2: Plaintiff 50% at Fault

Mark is injured when he slips on ice in a parking lot. The jury finds the total damages are $80,000, but determines Mark was 50% at fault because he was texting while walking and wasn’t watching where he was going. Under Michigan’s 50% bar rule, Mark recovers nothing because he was 50% or more at fault.

Example 3: Plaintiff 49% at Fault

Jennifer is injured in a bicycle accident. Total damages are $150,000. The jury finds Jennifer 49% at fault and the driver 51% at fault. Jennifer can still recover, but her award is reduced to $76,500 ($150,000 minus 49%).

Comparison to Other States

Michigan’s modified comparative negligence system is relatively middle-of-the-road:

• Pure Comparative Negligence States (California, New York, Florida): Plaintiffs can recover even if they’re 99% at fault; damages are simply reduced by their percentage
• Modified Comparative Negligence – 51% Bar States (Illinois, Colorado): Plaintiffs can recover if they’re 50% or less at fault
• Modified Comparative Negligence – 50% Bar States (Michigan, Arkansas): Plaintiffs must be less than 50% at fault to recover
• Contributory Negligence States (Alabama, North Carolina, Virginia): Any fault by the plaintiff bars all recovery

Impact on Settlement Negotiations

The 50% bar significantly affects settlement negotiations in Michigan. Insurance companies and defense attorneys will often argue that the plaintiff’s fault approaches or exceeds 50% to leverage settlement amounts downward or to discourage the plaintiff from proceeding to trial. Understanding this threshold is critical when evaluating settlement offers.

Damage Caps in Michigan Personal Injury Cases

Michigan law imposes specific caps on certain types of damages in personal injury cases, particularly in medical malpractice claims.

Medical Malpractice Non-Economic Damage Caps – MCL 600.1483

Michigan caps non-economic damages (pain and suffering, emotional distress, loss of companionship) in medical malpractice cases under MCL 600.1483:

Standard Cap (2026): For injuries that occurred in 2026, the cap is approximately $511,300 for most cases. This amount is adjusted annually for inflation based on the consumer price index.

Exception for Severe Injuries: The cap increases to approximately $932,000 (2026 estimate) in cases involving:

• Hemiplegic, paraplegic, or quadriplegic paralysis
• Permanently impaired cognitive capacity rendering the plaintiff unable to care for themselves
• Permanent loss of or damage to a reproductive organ resulting in inability to procreate

These caps apply only to non-economic damages. Economic damages (medical bills, lost wages, future care costs) are not capped and can be recovered in full.

Important Note: These figures are indexed annually to inflation. The exact amounts for 2026 should be verified with current Michigan law, as they increase each year. The base amounts were $280,000 and $500,000 when the statute was enacted in 1993.

No General Personal Injury Damage Caps

Unlike some states, Michigan does not impose caps on non-economic damages for most other personal injury cases, including:

• Car accidents (with exceptions for no-fault cases)
• Slip and fall accidents
• Product liability
• Premises liability
• General negligence

Punitive Damages – Generally Not Available

Michigan law generally does not allow punitive damages in personal injury cases. Michigan courts have consistently held that punitive damages are not recoverable in tort actions unless specifically authorized by statute.

Limited Exceptions:

• Certain consumer protection violations under the Michigan Consumer Protection Act (MCL 445.911)
• Some intentional interference with business relationships cases
• Specific statutory violations that explicitly authorize exemplary damages

This means that in a typical car accident, slip and fall, or medical malpractice case, you cannot recover punitive damages designed to punish the defendant, regardless of how egregious their conduct was.

Auto No-Fault Limitations

Under Michigan’s no-fault auto insurance system (MCL 500.3101 et seq.), non-economic damages in auto accident cases are significantly restricted:

• You can only sue the at-fault driver for non-economic damages if you suffered a “serious impairment of body function,” permanent serious disfigurement, or death
• “Serious impairment of body function” is defined as “an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life” (MCL 500.3135)
• This is a significant threshold that eliminates claims for minor soft tissue injuries

Filing Claims Against Michigan Government Entities

Suing a government entity in Michigan requires strict compliance with specific notice requirements and shortened deadlines under the Governmental Tort Liability Act (GTLA), MCL 691.1401 et seq.

Notice Requirements – MCL 691.1404

Before filing a lawsuit against a governmental agency in Michigan, you must first serve a formal notice of your intent to file a claim.

For Claims Against the State of Michigan:

• Notice Deadline: Within six (6) months after the claim arises
• Notice Must Include:
  • The name and address of the claimant
  • The name and address of their attorney (if represented)
  • The time, place, and nature of the claim
  • The amount of compensation or other relief sought
• Where to Send: To the Michigan Attorney General and to the state agency involved
• Lawsuit Deadline: Must file lawsuit within one (1) year after the claim accrues

For Claims Against Cities, Counties, and Local Governments:

• Notice Deadline: Within 120 days after the claim arises (much shorter than state claims)
• Notice Requirements: Same information as required for state claims
• Where to Send: To the clerk of the governmental unit or to the individual officer or employee who caused the injury
• Lawsuit Deadline: Generally within the standard statute of limitations (three years), but check local ordinances

Exceptions to Governmental Immunity – MCL 691.1407

Michigan governmental agencies have broad immunity from tort liability, but there are specific exceptions where they can be sued:

1. Motor Vehicle Exception: Government vehicles operated negligently during work duties
2. Public Building Exception: Dangerous or defective conditions in public buildings
3. Highway Exception: Failure to maintain highways in reasonable repair (most common exception)
4. Proprietary Function Exception: Activities conducted in a business-like manner

Highway Exception Details – MCL 691.1402

The highway exception is the most frequently used exception to governmental immunity:

• Governmental agencies have a duty to keep highways under their jurisdiction in “reasonable repair”
• The defect must be a “dangerous or defective condition” of the highway itself
• Notice requirements apply:
  • For state trunkline highways: Notice to Michigan Department of Transportation
  • For county roads: Notice to county road commission
  • For city streets: Notice to city clerk

Example: A motorist hits a large pothole on a county road, causing significant vehicle damage and injury. To pursue a claim against the county, the motorist must: (1) serve notice of the claim to the county road commission within 120 days, (2) establish that the pothole was a dangerous defect, (3) prove the county had actual or constructive notice of the defect and reasonable time to repair it, and (4) file a lawsuit within the applicable time period.

Strict Compliance Required

Michigan courts strictly construe the notice requirements. Failure to provide proper notice within the specified time frame will result in dismissal of your case, regardless of the merits. Even small technical deficiencies in the notice can be fatal to a claim.

Critical Tip: If you’re injured on government property, in a government building, or due to a road defect, consult an attorney immediately. The 120-day notice deadline for local governments comes very quickly.

Common Types of Personal Injury Cases in Michigan

Auto Accidents

Car accidents are by far the most common personal injury cases in Michigan, shaped heavily by the state’s no-fault insurance system.

Michigan No-Fault Insurance (MCL 500.3101 et seq.):

• All Michigan drivers must carry no-fault insurance
• Your own insurance pays for your medical expenses and lost wages regardless of who caused the accident (PIP benefits)
• As of July 2020, drivers can choose their level of PIP coverage, from unlimited to as low as $50,000 (or opt out if covered by qualifying health insurance)
• You can only sue the at-fault driver for non-economic damages if you meet the “serious impairment” threshold

Serious Impairment Threshold: The Michigan Supreme Court has interpreted “serious impairment of body function” to require:

1. An objectively manifested impairment (observable and identifiable)
2. Of an important body function (established through medical evidence)
3. That affects the person’s general ability to lead their normal life

Minor soft tissue injuries, whiplash without objective findings, and temporary injuries often fail to meet this threshold.

Slip and Fall/Premises Liability

Property owners in Michigan have a duty to maintain their premises in a reasonably safe condition. Liability depends on the visitor’s status:

Invitees (business customers, social guests invited to specific areas): Owed the highest duty of care; property owner must warn of or remedy known hazards and inspect for unknown hazards

Licensees (social guests in general): Property owner must warn of known hidden dangers but has no duty to inspect for unknown hazards

Trespassers: Generally owed no duty except to refrain from willful and wanton misconduct

Open and Obvious Doctrine: Michigan law provides that property owners generally have no duty to protect against open and obvious dangers. However, courts recognize exceptions where:

• Special aspects of the condition make it unreasonably dangerous despite being open and obvious
• The danger is effectively unavoidable due to the nature of the premises

Medical Malpractice

Medical malpractice claims in Michigan must establish:

1. The applicable standard of care
2. Breach of that standard
3. Causation (the breach caused the injury)
4. Damages

Affidavit of Merit Requirement (MCL 600.2912d):

• Within 182 days of filing a medical malpractice lawsuit, the plaintiff must file an affidavit of merit from a qualified expert
• The affidavit must state that the expert has reviewed the case and believes the standard of care was breached
• Failure to file this affidavit results in dismissal

Expert Qualifications (MCL 600.2169): Michigan has strict requirements for expert witnesses in medical malpractice cases. The expert must:

• Be licensed to practice medicine (or the relevant profession)
• Devote a majority of their professional time to active clinical practice or instruction in the same specialty
• Be board certified in the same specialty (with exceptions)
• Practice or teach in the same specialty as the defendant

Workplace Injuries

Most workplace injuries in Michigan are covered exclusively by workers’ compensation (MCL 418.101 et seq.), which provides a no-fault system for injured workers:

• Medical expenses are covered
• Wage loss benefits (typically 80% of after-tax wages)
• Trade-off: Employees generally cannot sue their employer for workplace injuries
• Exceptions: Employees can file personal injury lawsuits against third parties (non-employers) who caused their injuries

Example: A construction worker is injured when scaffolding collapses. The worker receives workers’ compensation benefits from their employer but can also sue the scaffolding manufacturer or a negligent subcontractor for additional damages.

Dog Bites

Michigan has one of the most comprehensive dog bite statutes in the country (discussed in detail in the Unique State Laws section).

Product Liability

Product liability cases in Michigan can be based on:

• Manufacturing defects
• Design defects
• Failure to warn

Michigan law provides that a product is defective if it is “not reasonably safe for foreseeable uses” (MCL 600.2945 et seq.).

Unique Michigan Personal Injury Laws

Dog Bite Strict Liability – MCL 287.351

Michigan has a strict liability statute for dog bites, one of the most plaintiff-friendly in the nation. Under MCL 287.351:

Key Provisions:

• Dog owners are liable if their dog bites a person, regardless of whether the dog has ever bitten anyone before
• No need to prove the owner knew the dog was dangerous
• No “one-bite rule” in Michigan for bites
• Applies only if the victim was lawfully on the property where the bite occurred
• Victim cannot have provoked the dog

“Lawfully on the Property” Defined: A person is lawfully on property if they are:

• Performing a duty imposed by federal or state law (mail carriers, meter readers)
• On the property at the invitation of the owner
• Not trespassing

Example: A mail carrier is bitten by a dog while delivering mail. Even if the dog has never shown aggression before and the owner had no reason to think the dog was dangerous, the owner is strictly liable for the mail carrier’s injuries because: (1) a bite occurred, (2) the mail carrier was lawfully on the property performing a legal duty, and (3) the mail carrier did not provoke the dog.

Other Dog Injury Claims: For injuries other than bites (such as a dog knocking someone over), the traditional negligence standard applies—the plaintiff must prove the owner knew or should have known the dog had dangerous propensities.

Dram Shop Laws – MCL 436.1801

Michigan’s dram shop law allows injured parties to sue establishments that serve alcohol to visibly intoxicated persons or minors who then cause injuries.

Requirements to Hold Alcohol Vendor Liable (MCL 436.1801):

1. The establishment sold or furnished alcohol to the person
2. The person was either:
   • Visibly intoxicated at the time of sale, OR
   • A minor
3. The intoxication was a proximate cause of the injury or damage

Social Host Liability: Michigan law is more restrictive regarding social hosts (private individuals who serve alcohol):

• Social hosts are generally not liable for serving alcohol to adults who then cause injuries
• Social hosts can be liable for providing alcohol to minors who then cause injuries (MCL 436.1801(3))

Example: A bar continues serving drinks to a patron who is clearly intoxicated, slurring his words and stumbling. The patron then drives and causes a serious accident. The accident victim can sue not only the drunk driver but also the bar under Michigan’s dram shop law.

No-Fault Auto Insurance System – MCL 500.3101 et seq.

Michigan’s no-fault auto insurance system is unique and has undergone significant changes:

Personal Injury Protection (PIP) Benefits: Before July 2020, Michigan required unlimited lifetime medical coverage. After 2020 reforms:

• Drivers can choose PIP levels: Unlimited, $500,000, $250,000, $50,000, or opt-out if covered by qualifying health insurance
• Lower PIP coverage results in lower premiums
• Choice affects how much coverage is available for catastrophic injuries

Threshold for Lawsuits: To sue an at-fault driver for non-economic damages, you must establish:

• Serious impairment of body function
• Permanent serious disfigurement, OR
• Death

Property Protection Insurance (PPI): No-fault also covers up to $1 million in property damage to vehicles and other property.

Joint and Several Liability – MCL 600.6304

Michigan modified its joint and several liability rules to protect defendants from disproportionate liability:

Current Law:

• For economic damages (medical bills, lost wages): Defendants are jointly and severally liable (each defendant can be responsible for the full amount)
• For non-economic damages (pain and suffering): Each defendant is only liable for their proportionate share of fault
• Exception: If the plaintiff is found to be 50% or less at fault, defendants may be jointly and severally liable for non-economic damages

Practical Impact: This prevents a defendant who is only 10% at fault from being forced to pay 100% of non-economic damages if other defendants are unable to pay.

Collateral Source Rule

Michigan follows a modified collateral source rule (MCL 600.6303):

General Rule: Evidence of payments from collateral sources (health insurance, disability insurance, etc.) is generally not admissible to reduce the plaintiff’s damages award.

Medical Malpractice Exception: In medical malpractice cases, evidence of payments from collateral sources is admissible and can reduce the damages award under certain circumstances.

Subrogation Rights: While collateral source payments don’t reduce the verdict, health insurers and other benefit providers often have subrogation rights—they can recover what they paid from your settlement or judgment.

Wrongful Death Beneficiaries – MCL 600.2922

Michigan law specifies who can bring a wrongful death action and who can receive damages:

Who Can File:

• Personal representative of the deceased’s estate (executor/administrator)
• If no estate is opened within 90 days, certain family members can petition to file

Beneficiaries (who receives damages):

1. Spouse
2. If no spouse: Children
3. If no spouse or children: Descendants (grandchildren, etc.)
4. If no descendants: Parents
5. If no parents: Siblings
6. If no siblings: Estate

Damages Available:

• Economic losses (loss of financial support, medical and funeral expenses)
• Loss of companionship and society
• Pain and suffering of surviving family members (not the decedent’s pre-death pain)

Survival Action: Separately from wrongful death, the estate can bring a “survival action” for the deceased’s own damages before death, including their pain and suffering.

Seat Belt Defense – MCL 257.710e

Michigan law prohibits the use of failure to wear a seat belt as evidence of negligence in civil cases (MCL 257.710e(3)):

• Defendants cannot argue that the plaintiff was negligent for not wearing a seat belt
• Evidence of seat belt non-use is generally inadmissible

However, this doesn’t prevent defendants from arguing that seat belt non-use contributed to the severity of injuries for purposes of comparative fault.

Types of Damages Available in Michigan

Economic Damages

Economic damages compensate for measurable financial losses:

Medical Expenses:

• Past medical bills
• Future medical treatment costs
• Rehabilitation and therapy
• Medical equipment and modifications
• Home health care

Lost Wages and Earning Capacity:

• Past lost income from missed work
• Future lost wages if unable to return to work
• Loss of earning capacity if limited in work abilities
• Lost benefits (health insurance, retirement contributions)

Property Damage:

• Vehicle repair or replacement
• Other damaged property
• Rental car expenses

Other Economic Losses:

• Household services (if injured person can no longer perform tasks)
• Transportation costs to medical appointments

Economic damages are not capped in Michigan for most cases and must be proven with documentation and expert testimony.

Non-Economic Damages

Non-economic damages compensate for subjective, non-monetary losses:

Pain and Suffering:

• Physical pain from the injury
• Ongoing discomfort and limitations
• Future pain anticipated from permanent injuries

Emotional Distress:

• Anxiety, depression, PTSD
• Mental anguish
• Loss of enjoyment of life

Loss of Consortium:

• Available to spouses for loss of companionship, affection, and sexual relations
• Separate claim brought by the spouse

Disfigurement and Scarring:

• Permanent visible scars
• Amputations
• Permanent physical changes

Limitations:

• Subject to caps in medical malpractice cases (approximately $511,300 for standard cases in 2026)
• Unavailable in auto cases unless serious impairment threshold is met
• Subject to reduction under comparative negligence rules

Punitive Damages

As discussed earlier, punitive damages are generally not available in Michigan personal injury cases unless specifically authorized by statute.

Pre-Judgment and Post-Judgment Interest

Michigan law provides for interest on judgments:

Post-Judgment Interest (MCL 600.6013):

• Interest accrues on judgments at a rate determined by the State Treasurer
• Current rate (as of 2026) should be verified but typically ranges from 2-6%
• Begins accruing from the date of the judgment

Pre-Judgment Interest:

• May be awarded from the date of filing the complaint to the date of judgment
• Discretionary with the court in most cases
• Rate is often lower than post-judgment interest

The Michigan Personal Injury Claims Process

Step 1: Seek Medical Treatment

Immediate Actions:

• Get medical attention immediately, even if injuries seem minor
• Follow all treatment recommendations
• Keep all medical appointments
• Document all symptoms and limitations
• Photograph visible injuries

Critical Importance:

• Creates medical record linking injuries to the incident
• Gaps in treatment can be used against you
• Establishes baseline for future medical needs
• Essential for proving damages

Step 2: Document the Incident

Evidence to Gather:

• Photographs of the accident scene, injuries, property damage
• Contact information for witnesses
• Police report (for auto accidents)
• Incident reports (for slip and falls, workplace accidents)
• Preserve physical evidence (damaged clothing, defective products)
• Keep a journal of pain, limitations, and how injuries affect daily life

Step 3: Report the Claim

Auto Accidents:

• Report to your insurance company within one year (for PIP benefits)
• Report to the at-fault driver’s insurance if pursuing a liability claim
• File a police report if required

Other Incidents:

• Report to property owner or business where injury occurred
• File incident report if available
• For government claims: Serve notice within 120 days (local government) or 6 months (state)

Step 4: Consult an Attorney

When to Hire an Attorney:

• Serious injuries requiring extensive treatment
• Disputed liability or comparative fault issues
• Insurance company denying or undervaluing claim
• Government entity involved
• Medical malpractice claims
• Wrongful death

What to Bring to Initial Consultation:

• Medical records and bills
• Police or incident reports
• Photographs and evidence
• Insurance information
• Correspondence with insurance companies
• List of questions and concerns

Most personal injury attorneys work on contingency (no fee unless recovery), typically 33-40% of settlement or verdict.

Step 5: Investigation and Demand

Attorney’s Investigation:

• Obtain complete medical records
• Interview witnesses
• Hire experts (medical, accident reconstruction, economic)
• Calculate damages
• Assess liability and comparative fault

Demand Letter:

• Sent to insurance company or defendant
• Details of accident and liability
• Summary of injuries and treatment
• Itemization of damages
• Settlement demand amount

Step 6: Negotiation

Settlement Discussions:

• Insurance company responds to demand
• Back-and-forth negotiations
• May involve mediation
• Majority of cases settle without trial

Considerations:

• Strength of liability case
• Severity of injuries
• Comparative fault percentage
• Insurance policy limits
• Cost and risk of trial

Step 7: Filing a Lawsuit

If settlement cannot be reached, your attorney will file a complaint:

Complaint (MCR 2.111):

• Filed in appropriate court (discussed below)
• States legal basis for claim
• Describes facts and damages
• Defendant served with complaint and summons
• Defendant has 21-28 days to respond (MCR 2.108)

Step 8: Discovery

Discovery Process:

• Interrogatories: Written questions that must be answered under oath
• Requests for Production: Documents and evidence must be provided
• Depositions: Oral testimony under oath
• Independent Medical Examination: Defense can require plaintiff to be examined by their doctor
• Expert Disclosures: Parties identify expert witnesses

Discovery typically takes 6-18 months depending on case complexity.

Step 9: Pre-Trial Motions and Mediation

Motion Practice:

• Summary judgment motions (arguing case should be decided without trial)
• Motions in limine (limiting what evidence can be presented)
• Other procedural motions

Court-Ordered Mediation (MCR 2.403):

• Michigan courts often require mediation before trial
• Neutral mediator helps parties reach settlement
• Non-binding, but failure to accept mediator’s evaluation can have cost consequences

Step 10: Trial

If the case doesn’t settle:

Trial Process:

• Jury selection (voir dire)
• Opening statements
• Plaintiff’s case-in-chief (witnesses and evidence)
• Defendant’s case
• Rebuttal
• Closing arguments
• Jury instructions
• Jury deliberations
• Verdict

Jury or Bench Trial:

• Parties can request jury trial (6 jurors in circuit court)
• If no jury demand, judge decides (bench trial)

Personal injury trials in Michigan typically last 3-10 days depending on complexity.

Step 11: Post-Trial and Appeals

After Verdict:

• Judgment entered
• Post-judgment motions (motion for new trial, etc.)
• Either party can appeal to Michigan Court of Appeals
• Further appeal to Michigan Supreme Court (discretionary)

Collecting Judgment:

• If defendant doesn’t voluntarily pay
• Garnishment, liens, and other collection tools
• Can be challenging if defendant has limited assets or insurance

Michigan Court System and Jurisdiction

Trial Courts

Michigan has several levels of trial courts with different jurisdictions:

District Court (MCL 600.8301 et seq.)

Jurisdiction:

• Civil cases up to $25,000
• Small claims division: up to $7,000 (no attorneys allowed)
• Landlord-tenant disputes
• Preliminary examinations in felony cases

Personal Injury Cases: Only minor personal injury cases with damages under $25,000 would be filed in district court. Most significant injury cases exceed this amount.

Circuit Court (MCL 600.601 et seq.)

Jurisdiction:

• Civil cases over $25,000 (no maximum)
• Appeals from district court
• Family law matters
• Most personal injury cases are filed in circuit court

Venue: Generally filed in the county where:

• The defendant resides
• The injury occurred
• The cause of action arose

Michigan has 57 circuit courts, one for each county (some counties share circuits).

Court of Claims (MCL 600.6401 et seq.)

Jurisdiction:

• Claims against the State of Michigan over $1,000
• Sits in Ingham County (Lansing)
• Exclusive jurisdiction over claims against state agencies and employees

Appellate Courts

Michigan Court of Appeals (MCL 600.3001 et seq.)

Jurisdiction:

• Appeals from circuit court, district court, and various tribunals
• Three-judge panels decide cases
• Right to appeal most final judgments
• Located in Detroit, Lansing, and Grand Rapids

Michigan Supreme Court (MCL 600.2001 et seq.)

Jurisdiction:

• Discretionary review of Court of Appeals decisions
• Limited original jurisdiction
• Seven justices
• Reviews cases of significant legal importance

Small Claims Court

Key Features:

• Maximum amount: $7,000
• Informal procedures
• No attorneys allowed (parties represent themselves)
• Quick resolution (typically 30-60 days)
• Limited discovery
• No jury trials
• Appeals very limited

Best For:

• Minor property damage claims
• Small medical bills from minor injuries
• Cases where attorney fees would exceed potential recovery

Jury Trials

Right to Jury:

• Either party can demand a jury trial in circuit court
• Must demand in writing and pay jury fee ($125-$500)
• 6 jurors in circuit court civil cases (used to be 12, changed by court rule)
• Verdict must be by majority (5 of 6 jurors)

Verdict Forms:

• General verdict (finding for plaintiff or defendant with amount)
• Special verdict (jury answers specific questions about liability and damages)
• Jury allocates comparative fault percentages

State-Specific Resources for Michigan Injury Victims

Legal Resources

State Bar of Michigan

• Website: https://www.michbar.org
• Phone: (517) 346-6300
• Lawyer referral service: (800) 968-1442
• Provides attorney referrals, legal information, and resources
• Offers modest means program for those with limited income

Michigan Legal Help

• Website: https://michiganlegalhelp.org
• Free legal information and DIY tools
• Guided interviews for common legal issues
• Court forms and instructions
• Available in multiple languages

Legal Services Corporation of Michigan

• Website: https://www.lscmi.org
• Provides free civil legal assistance to low-income Michigan residents
• Multiple offices throughout the state
• Handles various civil matters including some personal injury cases

Court Resources

Michigan Courts Website

• Website: https://www.courts.michigan.gov
• Access to court rules, forms, and procedures
• Case search tools
• Self-help resources
• Court directories and contact information

One Court of Justice (Case Search)

• Website: https://courts.michigan.gov/case-search
• Search civil and criminal cases
• Access public court records
• View case status and documents

Insurance and Motor Vehicles

Michigan Department of Insurance and Financial Services (DIFS)

• Website: https://www.michigan.gov/difs
• Phone: (877) 999-6442
• Insurance complaint assistance
• Information about no-fault insurance
• Consumer protection resources
• Helps resolve insurance disputes

Michigan Department of State (Secretary of State)

• Website: https://www.michigan.gov/sos
• Driver’s license information
• Vehicle registration
• Crash reports and records
• Traffic crash reporting

Michigan State Police

• Website: https://www.michigan.gov/msp
• Traffic crash reports: (517) 241-7510
• Purchase copies of crash reports (UD-10)
• Accident statistics and data

Victim Compensation and Support

Michigan Crime Victim Services Commission (CVSC)

• Website: https://www.michigan.gov/cvsc
• Phone: (517) 373-7373
• Crime victim compensation program
• Up to $45,000 in benefits for crime victims
• Covers medical expenses, counseling, lost wages, funeral expenses
• Application deadline: 5 years from date of crime or discovery

Workers’ Compensation Agency

• Website: https://www.michigan.gov/leo/boards-comms/wca
• Phone: (888) 396-5041
• Information about workers’ compensation benefits
• File workplace injury claims
• Dispute resolution services

Health and Medical Resources

Michigan Department of Health and Human Services (MDHHS)

• Website: https://www.michigan.gov/mdhhs
• Health insurance programs (Medicaid)
• Healthcare services and resources
• Public health information

MichiganHealthFinder

• Website: https://www.michiganhealthfinder.com
• Search for healthcare providers
• Compare hospitals and facilities
• Patient safety information

Consumer Protection

Michigan Attorney General – Consumer Protection Division

• Website: https://www.michigan.gov/ag
• Consumer complaint hotline: (877) 765-8388
• File complaints against businesses
• Consumer alerts and protection information
• Handles unfair business practices

Additional Resources

Michigan Association for Justice

• Website: https://www.michiganjustice.org
• Organization of plaintiffs’ attorneys
• Lawyer referral for injury victims
• Consumer information about legal rights

Michigan Catastrophic Claims Association (MCCA)

• Website: https://www.michigancatastrophic.com
• Manages catastrophic auto injury claims
• Information about catastrophic injury coverage
• Resources for seriously injured auto accident victims

2-1-1 Michigan

• Phone: Dial 2-1-1
• Website: https://www.mi211.org
• Free referral service to community resources
• Health and human services information
• Crisis intervention and support services

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Navigating Michigan’s personal injury law requires understanding the state’s unique legal landscape, from its modified comparative negligence system to its distinctive no-fault auto insurance requirements. The strict deadlines, damage caps, and procedural requirements make it essential to act quickly and knowledgeably when you’ve been injured.

Whether you’re dealing with a car accident subject to the serious impairment threshold, a slip and fall on government property requiring prompt notice, or a medical malpractice claim with affidavit requirements, understanding your rights and obligations under Michigan law is the first step toward obtaining fair compensation.

Remember that while this guide provides comprehensive information about Michigan personal injury law, every case is unique and fact-specific. For advice about your particular situation and to ensure compliance with all applicable deadlines and requirements, consult with a qualified Michigan personal injury attorney who can evaluate your case and protect your legal rights.