In Michigan, you have three years to file your case before time begins to work against you. Typically, the time limit, or statute of limitations, begins on the date of your accident. If your injuries from the accident don’t become immediately apparent, the statute of limitations for your particular case may begin on the date you discovered your injury. Injury claims against a government agency must be filed within six months; however, if the claim involves a defective highway or public building, you only have 120 days.
If you are found to be partially at fault for your injury or accident, the amount you can recover from the party you hold liable can be reduced–or eliminated. In Michigan, courts use a “modified comparative fault” rule to determine financial settlements in cases where the injured party is found to be partly responsible for the incident. These cases result in reduced damages with any indication of fault, and no recovery in cases where the injured person is found to be more than 50% at fault for their injury.
Dog owners in Michigan should be aware that you will be held “strictly liable” for any injuries caused by your pet. The incident can occur on public or private property, including your home or business. Depending on your type of injury, the law limits how much you can receive for non-economic damages, most commonly pain and suffering. Currently, Michigan doesn’t allow for the recovery of punitive damages, except where law allows.
When it comes to automobile insurance, Michigan relies on a “no-fault” system where each of the involved parties receives coverage from their own insurance coverage regardless of fault.
Establishing liability is key in personal injury claims. Hiring a personal injury attorney to review your case and represent you gives you an ally in court who has extensive knowledge of torts and applicable laws. If you or someone you love has been injured, time is limited to recover damages, provide care for your injuries and prepare for your future.
At The Law Offices of Daniel J. Harris, P.C., we take time to listen to our clients and understand their challenges individual legal needs. Miranda Bailey-Quick has gained unique experience and insight as an extern with the Michigan Department of Civil Rights and Chippewa County Public Defender’s Office, that she uses to fight for the rights of the injured. In pursuit of her Masters of American Indian and Indigenous Law from the University of Tulsa, Oklahoma, Miranda interned with the Boesche Legal Clinic serving the Muscogee (Creek) Nation in their Legal Program handling family law, estate planning and probate of estates matters. As a native of the Upper Peninsula, Miranda Bailey-Quick knows first-hand the challenges that face area families who have been affected by accidents or injuries. Call us today at 231.347.4444 or fill out the free consultation form in the sidebar to schedule your free personal consultation and let us help you get the recovery you deserve.