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Modified comparative fault

Michigan Personal Injury Law

📍 Capital: Lansing · Statute: MCL § 600.5805

3 years Filing deadline
51% bar Fault system
$55,000 Avg settlement (low)
5 Common case types

Overview of Personal Injury Law in Michigan

Michigan uses a modified comparative fault system. Medical malpractice non-economic damages are capped and adjusted annually. Michigan has a no-fault auto insurance system that affects car accident claims significantly.

This guide covers the most important rules for personal injury claims in Michigan, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed Michigan attorney for your specific situation.

Key Michigan Personal Injury Statutes

MCL § 600.5805 (SOL)
MCL § 600.2959 (comparative fault)
MCL § 600.2922 (wrongful death)

Most Common Personal Injury Cases in Michigan

Car Accidents
Medical Malpractice
Workplace Injury
Slip & Fall
Product Liability

Michigan Damages Caps & Average Settlements

Damages Rule $444K–$1M non-economic in med mal (adjusted annually)
Average Settlement $55,000–$230,000
Fault System Modified comparative fault (51% bar)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within Michigan.

Frequently Asked Questions — Michigan Injury Law

How long do I have to file a claim in Michigan?

In Michigan, you generally have 3 years to file a personal injury lawsuit from the date of injury. Key statute: MCL § 600.5805.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a Michigan attorney to confirm your deadline.

What is Michigan's fault system?

Michigan uses Modified comparative fault (51% bar). Your compensation is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover anything.

Are there damage caps in Michigan?

Michigan damage rules: $444K–$1M non-economic in med mal (adjusted annually). These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in Michigan?

Personal injury settlements in Michigan average approximately $55,000–$230,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

Get a free case evaluation from a Michigan attorney →

Injured in Michigan? Get Help Now.

Personal injury laws in Michigan can be complex and deadlines are strict. A qualified Michigan personal injury attorney can evaluate your case for free — with no upfront costs.

⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed Michigan attorney for legal advice.