Personal injury claims can be quite complex and difficult to navigate without the help of a seasoned attorney. If you are considering filing a personal injury claim in Michigan, it will serve you well to have a basic understanding of the types of damages that may be recoverable.
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What is a Personal Injury Claim?
Personal injury claims arise when someone has been injured due to another person’s negligence or wrongful conduct. Examples include auto accidents, slip and falls, medical malpractice, and product liability. To win a personal injury lawsuit and recover compensation, the injured party (plaintiff) must prove that the defendant was at fault and that their negligence or wrongful conduct caused the plaintiff’s injuries.
Types of Damages Recoverable in a Personal Injury Lawsuit in Michigan
Michigan law allows for three types of damages in personal injury cases: economic, non-economic, and punitive. Here is a breakdown of each:
Economic Damages
Economic damages are meant to compensate the plaintiff for their out-of-pocket expenses related to the injury. They include:
Medical expenses: The plaintiff may recover the cost of all reasonable and necessary medical treatment related to their injury, including hospitalization, surgery, doctor visits, rehabilitation, and medication.
Lost earnings: If the plaintiff cannot work due to their injuries, they may recover any lost income. This includes wages, salaries, and any other type of compensation the plaintiff would have earned if they had not been injured.
Property damage: If the plaintiff’s property was damaged in the accident that caused their injury, they may be able to recover the cost of repairing or replacing the property.
Non-Economic Damages
Non-economic damages are meant to compensate the plaintiff for the emotional and psychological impact of their injury. These damages are typically more difficult to quantify than economic damages. They include:
Pain and suffering: This includes physical pain, emotional distress, and any other type of suffering caused by the injury.
Loss of enjoyment of life: This refers to the loss of enjoyment of life’s pleasures, such as hobbies, exercise, and spending time with family and friends.
Disfigurement and scarring: If the plaintiff’s injury caused scarring or disfigurement, they may recover damages for the physical and emotional impact of the scarring or disfigurement.
Punitive Damages
Punitive damages are intended to punish the defendant for their wrongful conduct. Punitive damages are only available in cases where the defendant acted with intentional malice or recklessness.
Statute of Limitations for Filing a Personal Injury Lawsuit in Michigan
Michigan has a three-year statute of limitations for filing a personal injury lawsuit. This means that the plaintiff must file their lawsuit within three years of the date of their injury. If they fail to do so, they will likely be barred from recovering any damages.
Contributory Negligence in Michigan
Michigan follows a modified comparative negligence rule. This means that the plaintiff’s damages will be reduced in proportion to their share of fault for the accident. If the plaintiff is found to be more than 50% at fault, they will be barred from recovering any damages.
In conclusion, if you have been injured in Michigan due to someone else’s negligence or wrongful conduct, you may be entitled to compensation for your injuries. It is important to consult with a knowledgeable personal injury attorney who can help you navigate the legal process and recover the damages you deserve.