Personal Injury Laws in Michigan

Personal Injury Law in Michigan: Overview

Michigan follows a modified comparative fault system with a 50% bar, preventing recovery for plaintiffs who are 50% or more at fault. The state has a three-year statute of limitations for most personal injury claims. Michigan is a no-fault auto insurance state that underwent major reform in 2019 with the passage of the no-fault reform law, which gave drivers options for PIP coverage levels and established a fee schedule for medical providers. The state does not impose general caps on non-economic damages in standard personal injury cases but has significant restrictions on auto accident tort claims through the no-fault threshold. Michigan's manufacturing heritage and automobile industry create a significant volume of product liability and workplace injury claims.

Key Statutes & Deadlines

Reformed No-Fault Auto Insurance System

Michigan's no-fault auto insurance system was substantially reformed in 2019. Previously, Michigan was unique in providing unlimited lifetime PIP medical benefits. Under the reformed system, drivers can choose from several PIP coverage levels: unlimited, $500,000, $250,000, $50,000, or opt out if covered by qualified health insurance. The reform also established a fee schedule for medical providers treating auto accident injuries and created an assessment system to fund the Michigan Catastrophic Claims Association. To step outside the no-fault system and sue for pain and suffering, the injured party must demonstrate a "serious impairment of body function" that affects their general ability to lead a normal life.

Serious Impairment of Body Function Threshold

To pursue a tort claim for non-economic damages in an auto accident case, Michigan law requires the plaintiff to demonstrate a "serious impairment of body function," defined as an objectively manifested impairment of an important body function that affects the person's general ability to lead their normal life. This is a threshold question that can be decided by the court as a matter of law, and defendants frequently file motions for summary disposition arguing that the plaintiff's injuries do not meet this standard. The Michigan Supreme Court has interpreted this threshold in numerous cases, establishing that the impairment must be of a body function important to the individual plaintiff and must affect their particular lifestyle.

Medical Malpractice Notice of Intent

Michigan requires plaintiffs in medical malpractice cases to send a notice of intent to the defendant healthcare provider at least 182 days before filing suit. This notice tolls the statute of limitations during the 182-day period. The notice must include specific information about the claimed standard of care, how it was breached, and the alleged injuries. Medical malpractice cases are also subject to an affidavit of merit requirement, with a qualified expert attesting that the standard of care was breached. Non-economic damages in medical malpractice cases are capped based on the date of the occurrence, with the cap adjusted periodically.

Michigan Court System

Michigan's Circuit Courts serve as the trial courts of general jurisdiction for personal injury cases. The state has 57 judicial circuits covering 83 counties. District Courts handle civil cases up to $25,000. Appeals go to the Michigan Court of Appeals, and further review is available from the Michigan Supreme Court. Civil juries consist of 6 members in most civil cases, and verdicts require 5 of 6 jurors to agree. Michigan has extensive case evaluation (mediation) programs, and parties who reject case evaluation and do not improve their position at trial may be subject to costs and attorney fees sanctions.

Damages & Penalties

Michigan allows recovery of economic damages including medical expenses, lost wages, and loss of earning capacity without caps in standard personal injury cases. Non-economic damages in standard cases are not capped, but medical malpractice non-economic damages are subject to periodic caps. In auto accident cases, non-economic damages require meeting the serious impairment threshold. Punitive damages are generally not available by statute in Michigan, though exemplary damages may be awarded in limited circumstances such as cases involving willful and wanton misconduct. Michigan follows the collateral source rule in non-auto cases. Pre-judgment interest is available at the statutory rate from the date of filing.

Recent Legislative Changes

The 2019 no-fault auto insurance reform was the most significant recent change, ending Michigan's unique unlimited PIP system. Implementation has been ongoing, with courts addressing the scope of the fee schedule and coverage level requirements. The Michigan Supreme Court has also addressed the serious impairment threshold and medical malpractice standards.

Frequently Asked Questions