Michigan residents who have been injured as a result of someone else’s negligence or wrongdoing may be entitled to recover damages through a personal injury lawsuit. Damages are the financial losses (both economic and non-economic) that an individual experiences due to their injury. However, the maximum amount of damages that can be recovered in a personal injury lawsuit in Michigan can vary widely depending on factors such as the extent of the injury and the type of damages sought.
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Economic Damages
Economic damages in a personal injury lawsuit refer to the monetary losses incurred as a result of the injury. These are typically easier to quantify than non-economic damages and can include:
Medical Expenses
This refers to the cost of medical care and treatment related to your injury. Economic damages will usually include expenses such as doctor’s fees, hospital bills, physical therapy, and more.
Lost Wages
If an individual is unable to work as a result of their injuries, they may be able to recover lost wages. This includes any income that was lost as a result of missing work for medical appointments, hospitalization, or recovery. It can also include any future earnings that will be lost if the injury prevents the individual from returning to work.
Property Damage
If an individual’s property is damaged as a result of someone else’s negligence or wrongdoing, they may be entitled to recover the cost of repairs or replacement.
The maximum amount an individual can recover in economic damages in a personal injury lawsuit is typically the sum of all their quantifiable, out-of-pocket expenses related to the injury.
Non-Economic Damages
Non-economic damages typically refer to the intangible losses that are more difficult to quantify. These can include:
Pain and Suffering
Pain and suffering refers to the physical and emotional pain an individual experiences as a result of their injury. It covers both the physical pain caused by the injury and the emotional distress that can come from dealing with the pain and loss of quality of life.
Emotional Distress
Emotional distress can refer to any psychological harm that an individual has suffered as a result of their injury. This can include depression, anxiety, and PTSD.
Loss of Enjoyment of Life
An individual may also be entitled to recover damages if their injury has affected their ability to enjoy daily life activities.
Loss of Consortium
If a spouse or partner is injured, their partner may be entitled to recover damages for the loss of their ability to maintain a physical relationship with their loved one.
The maximum amount an individual can recover in non-economic damages in a personal injury lawsuit is typically capped by Michigan law. However, there are a few exceptions to this rule.
Caps on Damages
Michigan law puts a limit on the amount of non-economic damages an individual can recover in most personal injury cases. The cap is currently set at $280,000 for injuries that occurred after January 1, 2021. However, there are a few exceptions to this cap. In cases of wrongful death or permanent total disability, the cap does not apply.
Additionally, in cases where an individual has suffered a catastrophic injury such as a traumatic brain injury or paralysis, there is a different cap that applies. In these cases, the cap is set at $500,000 for injuries that occurred after July 1, 2021.
Conclusion
If you have been injured due to someone else’s negligence or wrongdoing, you may be entitled to recover damages through a personal injury lawsuit. The maximum amount of damages you can recover will depend on the type and extent of your injuries, as well as the type of damages you are seeking. Economic damages are typically easier to quantify and will include things like medical bills, lost wages, and property damage. Non-economic damages, on the other hand, are more difficult to quantify and may include things like pain and suffering, emotional distress, and loss of enjoyment of life. There are caps in place on non-economic damages in Michigan, but these can be circumvented in some cases. An experienced personal injury attorney can help you understand your rights and maximize your recovery.