Modified Comparative Negligence (50% Bar)
Michigan follows modified comparative negligence with a 50% bar. If plaintiff is 50% or less at fault, they can recover damages reduced proportionally. If plaintiff is 51% or more at fault, they cannot recover pain and suffering compensation.
No Cap
No limit on non-economic damages
3 years for personal injury
Deadline to file your lawsuit
Michigan follows modified comparative negligence with a 50% bar. If plaintiff is 50% or less at fault, they can recover damages reduced proportionally. If plaintiff is 51% or more at fault, they cannot recover pain and suffering compensation.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0 for noneconomic damages.
No-fault PIP benefits paid regardless of fault; comparative negligence applies to third-party claims
$0
Based on reported cases in Michigan
28,006
Personal injury lawsuits per year
Michigan's courts have produced significant personal injury precedents, particularly regarding its no-fault auto insurance system. The case of Kreiner v. Fischer (2004) established important standards for meeting Michigan's serious impairment threshold required to bring tort claims for auto accidents.
The McCormick v. Carrier (2010) decision significantly changed Michigan auto accident law, modifying the threshold test and making it easier for injured parties to bring tort claims. This case affected thousands of pending and future auto injury claims statewide.
Michigan has seen substantial verdicts in product liability cases, particularly against automotive manufacturers headquartered in the state. Cases involving defective vehicles and auto parts have produced verdicts and settlements in the tens of millions of dollars.
Medical malpractice cases in Michigan, particularly in Wayne County (Detroit), have produced notable outcomes. The 2012 reforms created new notice requirements and procedural hurdles, but substantial verdicts continue. Birth injury cases have exceeded $25 million in some instances.
Michigan personal injury cases are filed in Circuit Courts, the state's general jurisdiction trial courts. Michigan has 57 circuit courts covering 83 counties. Wayne County (Detroit) and Oakland County handle substantial civil litigation. District Courts handle smaller claims under $25,000.
Michigan follows the Michigan Court Rules for civil procedure. Discovery includes interrogatories, depositions, and document production. For auto accident cases, understanding Michigan's no-fault system and the threshold requirements for tort claims is essential.
The state requires an Affidavit of Merit in medical malpractice cases with specific notice requirements. Notice of Intent to file must be sent at least 182 days before filing, and an Affidavit of Merit from a qualified expert must accompany the complaint.
Michigan courts use case evaluation (formerly mediation), where a panel evaluates the case and proposes a settlement. Parties who reject the evaluation and don't improve their position at trial may face cost-shifting penalties. This system encourages settlement. Trial timing varies—Wayne County cases may take 2-4 years.
Michigan attorneys are licensed by the State Bar of Michigan. For personal injury cases, look for attorneys experienced with Michigan's unique no-fault auto insurance system, which significantly affects how car accident cases are handled and what recovery is available.
The Michigan Association for Justice (MAJ) is the state's leading plaintiff attorney organization. MAJ members typically understand Michigan's complex procedural requirements, including the no-fault threshold and case evaluation system.
Michigan's no-fault system means auto accident claims work differently than in other states. Your own insurance pays medical bills regardless of fault, and you can only sue the at-fault driver for non-economic damages if your injuries meet the "serious impairment" threshold. Experienced Michigan attorneys understand this system.
Michigan's diverse population, particularly in Detroit and its suburbs, means attorneys are available in many languages including Arabic, Spanish, and Polish. Contingency fees typically range from 33-40%, and the State Bar regulates fee agreements.
Michigan's statute of limitations for most personal injury cases is 3 years from the date of injury under MCL § 600.5805. This applies to general negligence claims, premises liability, and most other personal injury matters outside of auto accidents.
Auto accident claims have special rules under the no-fault act. First-party PIP claims against your own insurer must typically be filed within 1 year. Third-party tort claims against the at-fault driver have a 3-year limitation but require meeting the serious impairment threshold.
Medical malpractice claims have a 2-year statute of limitations with a 6-month extension available for the notice period. The 6-year statute of repose applies, and minors have until age 10 or 2 years from discovery to file, whichever is later. Claims against governmental entities require notice within 6 months under the Governmental Immunity Act.
This calculator provides estimates only and is not legal advice. Laws in Michigan are complex and individual case results vary. Consult a licensed Michigan attorney for advice specific to your case.