Michigan Personal Injury Lawsuit
When Should I File a Personal Injury Lawsuit?
Understanding the circumstances under which it makes sense to sue someone for a personal injury can be confusing. You’re not a lawyer, and you may also be struggling to put your life back together after a terrible accident.
The best way to find out when it makes sense to file is to work with a personal injury lawyer. Choose someone specializing in these cases in Michigan to get the best advice. In general, if someone has caused you harm, significant injuries, and medical expenses, you can file a personal injury lawsuit against them.
When is it Too Late to File a Lawsuit in Michigan?
Like all other states, Michigan has a time limit on filing personal injury lawsuits, known as the statute of limitations. In Michigan, you have three years from when you suffered the injuries to file. You may be given more time if you can show that it was impossible to discover your injuries at the time of the incident.
Even with the discovery rule, it’s best to file as soon as possible. The courts may reject your case if they think you should have known about your injuries sooner. Contact a lawyer right after an accident for advice.
What Will My Lawyer Need in Order to Prove My Case?
To help you recover damages from the person or company responsible for your injuries, your lawyer must show they are both negligent and liable. You must prove four things to make the case:
- The defendant had a responsibility to act in a reasonable or accepted manner.
- They failed to act reasonably.
- That failure directly caused your injuries.
- Those injuries resulted in significant damages.
An example that makes this easy to understand is a slip-and-fall. A retail store must keep floors dry or notify you with a clear sign if they are wet. If they failed to do this and you slipped and broke your leg, they could be negligent in that injury. If your injury resulted in significant medical bills, they could be liable for those costs.
What Are the Steps in a Michigan Personal Injury Lawsuit?
Michigan civil lawsuits proceed in a similar manner to those in other states. Once you have chosen a lawyer to represent you, they will take you through the steps necessary to recover damages:
- Complaint
The first step is to file the paperwork that notifies the court and the defendants of your allegations and lawsuit. - Discovery
The complaint begins a period of time, known as discovery, during which legal teams on both sides investigate and build a case. This involves collecting evidence and witness and expert testimony. It may also include depositions and sharing of information. - Settlement
The defendants, usually an insurance company, are likely to be prepared to negotiate a settlement. Your lawyer will enter talks with their lawyers to come up with a fair number. - Trial
If a fair number cannot be reached between both sides, you can choose to take your case to court. Your lawyer will advise you on whether or not this is a good idea. They will then present your case to a jury to prove the defendant is liable for your damages. - Appeals
Both sides have the option to appeal a jury decision, which takes it to the Michigan Court of Appeals. Your lawyer may want to appeal or may be faced with fighting an appeal by the defendants.
How Much Can I Recover in Damages from a Personal Injury Lawsuit in Michigan?
The amount of money you can expect to get in a settlement or a jury verdict depends on several factors. Your lawyer will estimate a fair amount to seek by looking at:
- The extent and severity of your injuries
- Your medical bills
- Expected future medical expenses
- Any disability or disfigurement
- Your ability to work
- Emotional and physical pain and suffering
Michigan only caps non-economic damages, for pain and other non-tangible costs, in medical malpractice cases. In other types of personal injury, you can seek as much as you feel is fair.
Examples of Michigan Personal Injury Lawsuits
These examples of ongoing and settled personal injury cases in Michigan won’t help you predict your own outcome. Seeing what is possible can give you a reasonable idea of what to expect.
These are some of the personal injury lawsuits recently filed or completed in the state:
- Perhaps Michigan’s most important recent settlement has received conditional approval and is likely to be finalized soon. The families who suffered illness and developmental disabilities due to lead in Flint drinking water are set to receive $641 million in damages from the state.[1]
- In another big, statewide case from 2018, Michigan State University settled with victims of abuse. A doctor who worked with athletes abused them for years. Victims sued the school for their emotional suffering and trauma, resulting in a $500 million settlement.[2]
- Amber Briolat suffered serious injuries after another driver crashed into her car in an intersection in Genesee County. The insurance company involved attempted to avoid paying a settlement and forced the case to trial. Briolat won $8.3 million in the jury verdict.[3]
These and many other personal injury cases in Michigan illustrate the serious nature of personal injury cases. Victims suffer significant physical and emotional harm from negligence and have a right to seek damages. To file a Michigan personal injury lawsuit, contact an expert lawyer in the state.