Question 1

What qualifies as a personal injury case in Michigan?

Accepted Answer

In Michigan, a personal injury case generally involves harm to an individual's body, mind, or emotions caused by the negligence or intentional act of another party. This can include car accidents, slip and falls, medical malpractice, and more, where the injured party seeks compensation for their damages.

Question 2

How long do I have to file a personal injury lawsuit in Michigan?

Accepted Answer

The statute of limitations for most personal injury lawsuits in Michigan is generally three years from the date of the injury. However, there are exceptions, particularly for minors or cases involving government entities, so it's crucial to consult with an attorney promptly.

Question 3

What is pain and suffering, and how is it calculated?

Accepted Answer

Pain and suffering refers to the non-economic damages experienced by an injured person, including physical pain, emotional distress, mental anguish, and loss of enjoyment of life. Calculation methods vary, but often involve multipliers of economic damages or per diem rates, depending on the severity and duration of the suffering.

Question 4

Do I need a lawyer after a slip and fall?

Accepted Answer

While not legally required, hiring a lawyer after a slip and fall is highly recommended. These cases can be complex, requiring proof of the property owner's negligence, and an attorney can help investigate, gather evidence, negotiate with insurance companies, and represent your interests.

Question 5

What is the average settlement for a personal injury case?

Accepted Answer

There is no 'average' settlement, as each personal injury case is unique. Settlements depend on factors such as the severity of injuries, medical expenses, lost wages, pain and suffering, and the clarity of liability. An attorney can provide a more accurate estimate after reviewing your specific circumstances.

Question 6

Can I sue if I was injured but partially at fault?

Accepted Answer

Yes, Michigan follows a modified comparative fault rule. If you are found to be 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. If you are more than 50% at fault, you generally cannot recover non-economic damages.

Question 7

How are medical bills handled during a personal injury case?

Accepted Answer

In Michigan, medical bills after an accident are often initially covered by your own no-fault insurance (if applicable) or health insurance. During a personal injury case, these expenses are part of the damages sought from the at-fault party, and your attorney will work to ensure they are included in your claim.

Question 8

What if I was injured on public property?

Accepted Answer

If you were injured on public property (e.g., a city park, government building), suing can be more challenging due to governmental immunity laws. Strict notice requirements and shorter deadlines often apply. It's essential to contact an attorney immediately to understand your rights and the specific procedures.

Question 9

What’s the difference between a claim and a lawsuit?

Accepted Answer

A 'claim' is an initial demand for compensation made to an insurance company or responsible party, often resolved through negotiation. A 'lawsuit' is a formal legal action filed in court when a claim cannot be resolved through negotiation, leading to litigation and potentially a trial.

Question 10

How do Michigan’s comparative fault rules affect compensation?

Accepted Answer

Michigan's modified comparative fault rules mean that if you are found partially responsible for your injuries, your total compensation will be reduced by your percentage of fault. For example, if you are 20% at fault and your damages are $100,000, you would receive $80,000.

Question 11

What is a 'serious impairment of body function' in Michigan?

Accepted Answer

This is a key threshold in auto accident cases. It's a legal standard that must be met to sue an at-fault driver for pain and suffering. It generally means an injury that affects your ability to lead your normal life, considering its nature, extent, and duration.

Question 12

What should I do if an insurance adjuster calls me?

Accepted Answer

Be cautious. The adjuster's goal is to minimize the insurance company's payout. You should only provide basic facts (your name, date/location of accident). Do not give a recorded statement, admit fault, or accept a settlement offer without first consulting an attorney.

Question 13

What are non-economic damages?

Accepted Answer

Non-economic damages are compensation for harms that don't have a specific price tag. This includes pain, suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium (impact on your relationship with your spouse).

Question 14

What are economic damages?

Accepted Answer

Economic damages are your specific, calculable financial losses caused by the injury. This includes all medical bills (past and future), lost wages, loss of future earning capacity, and other out-of-pocket expenses.

Question 15

What is 'wrongful death' in Michigan?

Accepted Answer

A wrongful death claim is a lawsuit brought by the estate of a person who died due to the negligence or wrongful act of another. The lawsuit seeks compensation for the surviving family members' losses, such as loss of financial support, loss of companionship, and funeral expenses.

Question 16

How much does a personal injury lawyer cost?

Accepted Answer

Most personal injury lawyers work on a 'contingency fee' basis. This means you pay no attorney fees upfront. The lawyer's fee is a percentage (often 33.3%) of the final settlement or award you receive. If you don't win your case, you typically owe no attorney fees.

Question 17

What is medical malpractice?

Accepted Answer

Medical malpractice is a type of personal injury case. It occurs when a healthcare professional (doctor, nurse, hospital) provides treatment that falls below the accepted standard of care, and this negligence causes harm or death to a patient.

Question 18

Do I have a case if I was injured at work?

Accepted Answer

If you were injured at work, your primary remedy is usually through Michigan's workers' compensation system, which covers medical bills and lost wages regardless of fault. You generally cannot sue your employer, but you *can* file a personal injury lawsuit against a negligent 'third party' (e.g., a contractor or equipment manufacturer) who caused your injury.

Question 19

What is the 'discovery rule' for statutes of limitations?

Accepted Answer

The 'discovery rule' is an exception to the standard statute of limitations. It states that the time limit to file a lawsuit doesn't begin until the injured person *discovers* or reasonably should have discovered their injury and its cause. This is common in medical malpractice or toxic exposure cases.

Question 20

What evidence is important for my case?

Accepted Answer

Key evidence includes: photos and videos of the accident scene and your injuries, medical records and bills, police reports or incident reports, witness contact information and statements, and any correspondence from insurance companies. It's also vital to keep a journal of your symptoms and recovery.

Question 21

What should I do immediately after a car accident in Michigan?

Accepted Answer

After a car accident in Michigan, ensure everyone's safety, move vehicles out of traffic if possible, call 911 if there are injuries or significant damage, exchange information with other drivers, take photos, and report the accident to your insurance company promptly.

Question 22

Who pays for medical expenses after a Michigan car accident?

Accepted Answer

Under Michigan's no-fault insurance law, your own auto insurance policy typically pays for your medical expenses (Personal Injury Protection or PIP benefits) regardless of who was at fault for the accident. This includes reasonable and necessary medical care.

Question 23

What is Michigan’s no-fault insurance law?

Accepted Answer

Michigan's no-fault insurance law requires drivers to carry specific coverages, including Personal Injury Protection (PIP) for medical expenses and lost wages, and Property Protection Insurance (PPI) for damage to other people's property. It generally limits the ability to sue for minor injuries.

Question 24

Can I sue the other driver if I’m injured?

Accepted Answer

In Michigan, you can sue the at-fault driver for non-economic damages (pain and suffering) only if you have sustained a 'serious impairment of body function,' 'permanent serious disfigurement,' or death. You can also sue for excess economic damages not covered by your no-fault benefits.

Question 25

What is the mini-tort law in Michigan?

Accepted Answer

Michigan's mini-tort law allows you to recover up to $3,000 (as of current law) from the at-fault driver's insurance for vehicle damage not covered by your own collision insurance. This applies to damages to your vehicle that are not covered by your own policy or exceed your deductible.

Question 26

How is fault determined in a rear-end collision?

Accepted Answer

In most rear-end collisions, the trailing driver is presumed to be at fault for failing to maintain a safe following distance or for inattentive driving. However, exceptions can exist if the lead driver stopped suddenly without warning or was operating their vehicle negligently.

Question 27

Do I need to report a minor car accident?

Accepted Answer

In Michigan, you must report a car accident to the police if it results in injury, death, or property damage exceeding $1,000. Even for minor accidents below this threshold, it's advisable to report it to your insurance company.

Question 28

What’s the statute of limitations for car accident claims?

Accepted Answer

The statute of limitations for most car accident personal injury claims in Michigan is generally three years from the date of the accident. For property damage claims, it's typically one year under the mini-tort law.

Question 29

What happens if the other driver doesn’t have insurance?

Accepted Answer

If the at-fault driver doesn't have insurance, your ability to recover damages depends on your own policy. If you have Uninsured Motorist (UM) coverage, your own insurance will cover your damages up to your policy limits. Without UM coverage, recovery can be very difficult.

Question 30

Can I file a lawsuit even if I have no-fault insurance?

Accepted Answer

Yes, you can file a lawsuit even with no-fault insurance. While your no-fault policy covers medical expenses and lost wages, you can still sue the at-fault driver for non-economic damages (pain and suffering) if your injuries meet the 'serious impairment of body function' threshold, or for economic damages exceeding your no-fault benefits.

Question 31

What are Michigan's new PIP medical coverage choices?

Accepted Answer

Since 2019, Michigan drivers can choose their level of Personal Injury Protection (PIP) medical coverage, ranging from unlimited (as before) to limited levels like $250,000, or $50,000 for those on Medicaid. Those on Medicare may be able to opt-out entirely.

Question 32

What is Property Protection Insurance (PPI)?

Accepted Answer

PPI is a mandatory no-fault coverage in Michigan. It pays up to $1 million for damage your vehicle does to other people's *property* (like fences, buildings, or properly parked cars) *within* Michigan. It does *not* cover damage to other moving vehicles.

Question 33

What's the difference between collision and comprehensive insurance?

Accepted Answer

Collision insurance (which is optional) pays to repair your own car after an accident with another vehicle or object. Comprehensive insurance (also optional) pays for non-collision damage to your car, such as from theft, fire, hail, or hitting a deer.

Question 34

What happens if I'm injured by a hit-and-run driver?

Accepted Answer

Your own no-fault PIP benefits will still cover your medical bills and wage loss. For pain and suffering, you would need to have Uninsured Motorist (UM) coverage on your own policy, as there is no at-fault driver to sue.

Question 35

Can I get wage loss benefits from my no-fault insurance?

Accepted Answer

Yes, Michigan no-fault insurance provides wage loss benefits. It pays 85% of your lost income (up to a statutory monthly cap) for up to three years from the date of the accident if your injuries prevent you from working.

Question 36

What are 'replacement services' benefits?

Accepted Answer

Replacement services are part of your PIP benefits. They pay up to $20 per day (for up to three years) for the cost of hiring someone to do household chores or other tasks that you are no longer able to perform yourself due to your injuries.

Question 37

What if I'm an injured passenger in someone else's car?

Accepted Answer

As a passenger, your own no-fault (PIP) policy is primary for your medical bills. If you don't have your own auto insurance, you would claim benefits through a policy of a resident relative, and if none, then through the Michigan Assigned Claims Plan.

Question 38

What if I'm a pedestrian or bicyclist hit by a car?

Accepted Answer

You are entitled to full no-fault PIP benefits. The claim is paid first by your own auto insurance policy, then a resident relative's policy. If you have no auto insurance in your household, the policy of the driver who hit you would pay your benefits.

Question 39

What is Residual Bodily Injury (BI) Liability insurance?

Accepted Answer

This is the mandatory liability coverage on your policy. It protects your assets and pays for the damages if *you* are at fault for an accident and cause a 'serious impairment of body function' to someone else, who then sues you for pain and suffering.

Question 40

Does my Michigan car insurance cover me out of state?

Accepted Answer

Yes, your Michigan no-fault benefits (PIP) cover you and resident relatives in any accident in the U.S. or Canada. Your liability coverage also applies if you cause an accident in another state, which will operate under that state's 'at-fault' laws.

Question 41

What counts as a premises liability case in Michigan?

Accepted Answer

A premises liability case in Michigan arises when someone is injured on another person's property due to a dangerous condition, and the property owner or occupier was negligent in maintaining a safe environment. This includes slip and falls, dog bites, inadequate security, etc.

Question 42

What’s the difference between invitees, licensees, and trespassers?

Accepted Answer

In Michigan, the duty of care a property owner owes depends on the visitor's status: 'invitees' (e.g., customers) are owed the highest duty; 'licensees' (e.g., social guests) are owed a duty to warn of known dangers; and 'trespassers' are generally owed the lowest duty, typically only to avoid willful or wanton injury.

Question 43

Is a landlord responsible for injuries in rental properties?

Accepted Answer

Landlords in Michigan can be held responsible for injuries in rental properties if they fail to maintain safe common areas, neglect necessary repairs, or fail to warn tenants of known hazards. The extent of liability depends on the lease agreement and the specific circumstances.

Question 44

Can I sue if I fall on ice outside a business?

Accepted Answer

You may be able to sue if you fall on ice outside a business in Michigan, but it depends on whether the business owner acted reasonably to address the hazard. Michigan's 'open and obvious' doctrine can be a defense, but exceptions exist, especially if the condition is unavoidable or effectively unavoidable.

Question 45

Who is responsible if I'm injured in a store?

Accepted Answer

If you're injured in a store, the store owner or operator is generally responsible if their negligence created or failed to address a dangerous condition that caused your injury. This requires proving they knew or should have known about the hazard and failed to take reasonable steps to fix it.

Question 46

What if I was injured at someone’s private home?

Accepted Answer

If you were injured at someone's private home, your ability to sue depends on your status as an invitee or licensee and the homeowner's knowledge of the dangerous condition. Homeowners are generally expected to warn guests of known hazards.

Question 47

How is negligence proven in slip and fall cases?

Accepted Answer

In slip and fall cases, negligence is proven by showing the property owner knew or should have known about the dangerous condition, failed to take reasonable steps to remedy it, and this failure directly caused your injury. Evidence often includes photos, witness statements, and maintenance records.

Question 48

Can children sue for injuries on someone else's property?

Accepted Answer

Yes, children can sue for injuries on someone else's property. The 'attractive nuisance' doctrine may apply, holding property owners responsible for dangerous conditions that might attract children, even if the children are technically trespassers.

Question 49

What if poor lighting or security contributed to the injury?

Accepted Answer

Poor lighting or inadequate security can contribute to premises liability cases, especially in instances of assault, robbery, or falls. If the property owner failed to provide reasonable lighting or security measures that a prudent owner would have, they may be held liable.

Question 50

Do I need photos or witnesses to win a premises case?

Accepted Answer

While not strictly required, photos of the dangerous condition and witness statements are highly beneficial in premises liability cases. They provide crucial evidence to support your claim and can significantly strengthen your case by corroborating your account of the incident.

Question 51

What is the 'open and obvious' doctrine in Michigan?

Accepted Answer

The 'open and obvious' doctrine is a defense in Michigan law. It states that a property owner is generally not liable for injuries caused by a danger that is so obvious (or 'open and obvious') that a person could be reasonably expected to see and avoid it.

Question 52

Are there exceptions to the 'open and obvious' defense?

Accepted Answer

Yes, even if a danger is open and obvious, a property owner may still be liable if 'special aspects' exist. This usually means the danger was 'effectively unavoidable' (e.g., the only exit is covered in ice) or posed an 'unreasonably high risk of severe harm'.

Question 53

Are dog owners liable for bites in Michigan?

Accepted Answer

Yes, Michigan has a 'strict liability' dog bite statute. This means the owner is liable for damages if their dog bites a person without provocation while the person is on public property or lawfully on private property, regardless of the owner's prior negligence.

Question 54

How long do I have to file a premises liability lawsuit in Michigan?

Accepted Answer

For most premises liability cases, the statute of limitations is generally three years from the date of the injury. However, if the claim is against a government entity, much shorter notice periods (as short as 120 days) are required.

Question 55

Can I sue a city for a sidewalk injury?

Accepted Answer

Suing a government entity is very difficult due to governmental immunity. While a 'highway exception' exists for sidewalks, you must prove the city knew of the defect for at least 30 days and failed to repair it, and the defect must meet a specific legal definition.

Question 56

What is 'constructive notice' in a slip and fall case?

Accepted Answer

'Constructive notice' means that even if the property owner didn't have *actual* knowledge of a hazard (like a spill), they *should have* known about it. This is often proven by showing the hazard existed for a long enough time that a reasonable owner would have discovered it.

Question 57

What is the 'trivial defect' defense in Michigan?

Accepted Answer

In cases involving sidewalks, a property owner may argue the defect was 'trivial' (e.g., a crack less than two inches deep). If a court agrees the defect is trivial, it is not considered to pose an unreasonable risk, and the owner is not liable.

Question 58

What duty does a property owner owe to a trespasser?

Accepted Answer

In Michigan, a property owner generally owes no duty to a trespasser to make the land safe or warn of dangers. The only duty is to refrain from 'willful and wanton' misconduct. Exceptions exist for known, repeated trespassers or children (under the attractive nuisance doctrine).

Question 59

Are swimming pool owners liable for accidents?

Accepted Answer

Yes, pool owners can be liable, especially if the victim is a child. Pools are often 'attractive nuisances,' meaning the owner must take reasonable steps to secure the pool (like fencing and locked gates) to prevent foreseeable injuries to children who may not understand the danger.

Question 60

What compensation can I get in a premises liability claim?

Accepted Answer

You may be entitled to economic damages (medical bills, lost wages) and non-economic damages (pain and suffering, loss of enjoyment of life). The amount depends on the severity of your injuries, the clarity of the owner's negligence, and your percentage of fault.

Question 61

How do Michigan courts divide marital vs. separate property?

Accepted Answer

Michigan is an equitable distribution state, meaning marital property (acquired during the marriage) is divided fairly, though not necessarily equally. Separate property (owned before marriage or received as a gift/inheritance) is generally not divided, but can be under certain circumstances.

Question 62

What is the difference between alimony and spousal support?

Accepted Answer

Alimony and spousal support are interchangeable terms in Michigan. They refer to payments made by one spouse to the other after a divorce, intended to help the receiving spouse maintain a similar standard of living or become self-sufficient. It's not automatic and depends on various factors.

Question 63

What are residency requirements for filing divorce?

Accepted Answer

To file for divorce in Michigan, at least one party must have resided in the state for at least 180 days immediately preceding the filing and in the county where the complaint is filed for at least 10 days immediately preceding the filing.

Question 64

How is child custody decided?

Accepted Answer

Child custody in Michigan is decided based on the 'best interests of the child,' considering factors like the child's preference, the parents' ability to provide care, the child's ties to home/school/community, and the parents' moral fitness and mental/physical health.

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