Personal injury cases are legal disputes that arise when one person suffers harm or injury due to the negligence or intentional act of another person. In Michigan, when such a case goes to court, the concept of contributory negligence becomes important. Contributory negligence means that the plaintiff (the injured person) in a personal injury lawsuit has contributed to their own injury. This article explores the impact of contributory negligence in Michigan personal injury cases.
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Understanding Contributory Negligence
Contributory negligence refers to situations where the plaintiff had some level of fault in the incident that led to their injury. This means that the plaintiff’s actions or inactions contributed to the harm they sustained. For instance, if a person is injured in a car accident, but they were not wearing a seatbelt, they may be considered to have contributed to their injuries.
In Michigan, contributory negligence is handled under the comparative fault system. This system allows for the plaintiff to recover damages even if they had some level of fault. The court will determine how much the plaintiff contributed to their injury, and this percentage will be deducted from their compensation.
How Contributory Negligence Affects Personal Injury Cases
Contributory negligence can have a significant impact on personal injury cases in Michigan. If the plaintiff is found to have contributed to their own injury, their compensation will be reduced. This means that they may not receive the full amount of damages they would have received if they were not at fault.
For example, if a plaintiff was awarded $100,000 in damages but was found to be 30% responsible for their injuries, their compensation will be reduced by 30%, leaving them with $70,000. The court will take into account the actions of both parties before awarding compensation.
Establishing Contributory Negligence
Proving contributory negligence can be a challenge in a personal injury case. It is up to the defendant (the person being sued) to establish that the plaintiff contributed to their own injuries. In order to make a case for contributory negligence, the defendant must demonstrate that:
- The plaintiff owed a duty of care to themselves
- The plaintiff breached that duty of care
- The breach of duty contributed to their injuries
In cases where the plaintiff is found to have been driving under the influence of alcohol at the time of the accident, or was texting while driving, the defendant may have a basis for arguing that the plaintiff was responsible for their own injuries.
How to Protect Yourself
If you have been injured in an accident, you can protect yourself from contributory negligence by taking the following steps:
- Follow safety guidelines: Make sure you are following standard safety guidelines such as wearing a seatbelt when driving, or using safety equipment when engaging in risky activities.
- Gather evidence: Collect as much evidence as possible to demonstrate that the defendant was responsible for your injuries.
- Consult an attorney: If you have been injured, it is important to consult an attorney who can help you navigate the legal process and ensure that you receive the compensation you deserve.
Final Thoughts
Contributory negligence can have a big impact on personal injury cases in Michigan. If you have been injured, it is important to take steps to protect yourself from being found partially responsible for your own injuries. An experienced personal injury attorney can help you build a strong case and help you get the compensation you deserve.