In Michigan, if you are injured in an accident, there are many laws that affect your ability to file a suit and even the amount you may be able to recover. Below is a quick overview of Michigan law regarding personal injury claims. The overview is not intended to be comprehensive. If you want more information, please call our office. If you have been injured, it is critical that you speak to one of our attorneys as soon as possible after an accident.
Like all other states, Michigan has statutes of limitation which set forth time limits for filing claims. If you fail to file within the appropriate time limit your case is time-barred and cannot be pursued. For cases involving negligence, the statute of limitation is three years from the date of the incident giving rise to your injury. For medical malpractice the statute of limitations is usually two years. There are other statutes of limitation that both are longer and shorter (much shorter in some cases) for other types of cases. It is, therefore, essential that you contact one of our attorneys as quickly as possible after an injury so that we can determine the appropriate statute of limitations and protect your right to proceed with a case.
In most personal injury suits, the injured individual is entitled to be compensated for past and future lost wages, past and future medical expenses, and past and future non-economic damages such as pain, suffering, loss of abilities to engage in normal functions of everyday life, embarrassment, humiliation, etc. The amount of damages is different for every case and depends on a wide variety of factors. Your particular damages can best be assessed by a conference with an attorney from our office.
With regard to automobile accidents, Michigan uses a “no-fault” system and in most accidents, your own insurance provides coverage for your medical expenses, lost wages for up to three years, attendant care services (payment to for someone to help you perform activities of daily living e.g. dressing, cooking, bathing, etc.), and replacement services ($20 per day to have someone do things for you that you used to do for yourself, e.g. shopping, driving children to school, snow shoveling, etc.). In automobile accidents, you can sue the other driver only if (1) the accident was caused by the negligence of the other driver and (2) you have a serious injury as a result of the accident. A suit against the other driver is for wage loss in excess of three years and noneconomic damages as described above. To determine if you are entitled to benefits and to make sure you get all the benefits you are owed, it is important that you speak with one of our attorneys as soon as possible after an accident.
There are numerous types of injuries for which you are entitled to be compensated for your losses. Automobile accidents, slip and falls, construction site accidents, dog bites, medical malpractice, employment discrimination, and defective equipment are just some of the types of incidents that give you the right to pursue a claim. There are many others. Each type of case has its own legal requirements and procedures so it is critical that you contact one of our attorneys to guide you through the appropriate process.
For over thirty years the lawyers of The Law Offices of Charters, Tyler, Zack & Shearer, P. C. have successfully helped thousands of injured individuals both recover significant compensation for their losses and regain dignity in their lives. If you have been inured, they can help you too.