Accidents happen all the time, and sometimes they result in injuries. In such cases, victims of accidents may be entitled to compensation for their damages. However, what happens if you are partially responsible for the accident? Are you eligible to file a personal injury claim in Michigan? In this article, we will explore the laws surrounding personal injury claims in Michigan and determine if you can still file a personal injury claim if the accident was partially your fault.
Table of Contents
Understanding Comparative Negligence
In Michigan, when an accident occurs, both parties’ fault is assessed to determine liability. Michigan follows the rule of comparative negligence, which means that each person’s degree of fault determines how much compensation they are entitled to recover. Comparative negligence is used to allocate fault between parties involved in an accident. It also helps determine the amount of damages that each party can recover.
Contributions to Fault
Under Michigan’s comparative negligence system, the negligence of all parties involved in the accident is considered. If you have contributed to the accident, your degree of fault in the accident would be taken into account. Even if you were partially responsible for the collision, you might still need to determine if you have a valid claim for damages.
Understanding Pure Comparative Negligence
Michigan’s law on comparative negligence is one of the fairest and most forgiving compared to other states. Michigan follows the principle of pure comparative negligence, which means that individuals can still recover damages even if they are found to be mostly responsible for the accident. However, their compensation for damages will be reduced by their percentage of fault.
Insurance Policy Limitations
If you are proven partially at fault for the accident, the other party’s insurance policy will cover your expenses up to the policy limit. Therefore, you are only entitled to recover damages that exceed the insurance policy limit of the at-fault driver’s insurance coverage.
Consult with a Personal Injury Attorney
If you have been involved in an accident, it is essential to consult with a knowledgeable personal injury attorney. An experienced attorney can help determine if you have a strong personal injury claim and how comparative negligence can affect your compensation. They can provide insight into personal injury law and help you understand how Michigan’s laws might affect your case.
Conclusion
If you have been involved in an accident in Michigan and are partially responsible, you can still file a personal injury claim. However, your compensation for damages would be reduced in proportion to your percentage of fault in the accident. Understanding the comparative negligence laws and consulting with a personal injury attorney can assist you in securing the best possible outcome.