Were you recently injured in a car accident? If someone else’s negligence caused the crash, you might be wondering, “How much can someone sue for a car accident in Michigan?” A skilled Michigan car accident attorney can help you understand your legal rights and options, particularly when it comes to seeking compensation for your losses.
The compensation you’re entitled to may include your medical bills, lost wages, pain and suffering, and more. While there are some limits depending on the specific circumstances of your case, the potential for recovery can be substantial in severe injury cases. Let’s take a closer look at the types of compensation available and the factors that can influence the value of your claim.
Introduction to Car Accident Lawsuits in Michigan
Michigan operates under a no-fault insurance law, which significantly impacts the process of filing lawsuits and seeking compensation. The law states that regardless of who is at fault for the accident, individuals involved are entitled to benefits from their own insurance providers to cover medical expenses, lost wages, and other related costs.
However, the no-fault system doesn’t entirely eliminate the possibility of lawsuits. In certain circumstances, particularly if your injuries meet the “serious impairment of body function” threshold or if the accident resulted in a wrongful death, you can pursue legal action against the at-fault party for additional damages, including compensation for pain and suffering, emotional distress, and other non-economic losses.
If you’re unsure whether your case qualifies for a lawsuit, consulting with a knowledgeable Michigan car accident attorney is essential. These legal professionals can assess your situation and guide you on the best course of action for maximizing your compensation.
Determining Liability and Fault in Michigan Car Accidents
Car accident lawsuits hinge on proving negligence – that the other driver failed to act reasonably, causing the accident and your injuries. Police reports, witness statements, photos or videos of the accident scene, and expert analysis can all help establish liability.
It’s essential to note that Michigan follows a modified comparative fault rule, meaning even if you were partially to blame for the accident, you can still sue and recover damages. However, your compensation will be reduced in proportion to your percentage of fault.
For instance, if you’re found to be 20% at fault, and the total value of your claim is determined to be $100,000, you would be able to collect up to $80,000. But if you’re found to be 51% or more at fault, you won’t be able to recover any damages.
Types of Damages and Compensation in Car Accident Cases
When determining how much you can sue for a car accident in Michigan, it’s important to understand the different forms of compensation available. These fall into three main categories:
Economic Damages
Economic damages are tangible, quantifiable losses incurred as a result of the accident, such as:
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- Medical Expenses – past and future costs of treatment, including hospital stays, surgeries, medications, rehabilitation, and assistive devices
- Lost Wages – income lost due to being unable to work because of your injuries
- Lost Earning Capacity – if your injuries permanently impact your ability to earn a living
- Property Damage – costs to repair or replace your vehicle
These damages are relatively straightforward to calculate based on receipts, invoices, and wage statements.
Non-Economic Damages
Non-economic damages are intended to compensate for the less tangible but very real impacts of a serious accident, which include:
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- Pain and Suffering – physical pain, emotional distress, and mental anguish due to your injuries
- Loss of Enjoyment of Life – inability to participate in hobbies, activities, or relationships you previously enjoyed
- Disfigurement – compensation for significant scarring or permanent changes to your appearance
Unlike economic damages, non-economic damages are more subjective and challenging to quantify. A skilled Michigan car accident attorney can thoroughly evaluate the severity of your injuries and duration of treatment, putting a dollar figure for the pain and suffering damages you’re entitled to.
Punitive Damages
The purpose of punitive damages is to punish the defendant and deter similar conduct in the future. However, punitive damages are not commonly awarded in car accident cases unless there is clear evidence of gross negligence or malicious intent.
Limits and Caps on Damages in Michigan
While car accident victims have the right to pursue compensation, it’s essential to understand that there are statutory limits and caps placed on certain types of damages. These limits can impact how much someone can sue for a car accident in Michigan. Here’s what you need to know:
Personal Injury Protection (PIP)
In Michigan, PIP benefits cover medical expenses, up to 85% of lost income for a maximum of 3 years, and other related costs resulting from a car accident, regardless of who is at fault. There is no limit on PIP benefits in Michigan.
Property Protection (PPI)
PPI benefits cover damage to tangible property, such as vehicles, buildings, and other belongings, resulting from a car accident. In Michigan, individuals are entitled to up to $1 million in PPI benefits, ensuring that property damage expenses are adequately covered.
Residual Liability Insurance
The insurance provides coverage for bodily injury and property damage liability if the at-fault driver is sued for a car accident. The minimum coverage amounts are $20,000 for a person who is hurt or killed in an accident and $40,000 for each accident if multiple people are injured or killed.
However, if the court awards a larger amount than the insurance coverage, the at-fault driver is responsible for paying the difference. That’s why many Michigan drivers choose to purchase higher liability coverage limits to protect themselves in such situations.
Pain and Suffering Lawsuits
When it comes to a lawsuit for non-economic damages, such as pain and suffering, due to a serious injury, Michigan does not place a statutory cap on how much you can recover. The amount awarded will vary based on the severity of your injuries and how they’ve impacted your life.
Michigan Car Accident Attorneys at Your Service
Determining how much someone can sue for a car accident in Michigan requires in-depth knowledge of the complex laws and insurance systems. If you’ve been injured due to another driver’s negligence, Shafer Swartz PLC is here to fight for your right to full and fair compensation.
Our seasoned Michigan car accident attorneys can handle every aspect of your claim, aggressively negotiate with insurance companies, and take your case to court, if necessary, to protect your interests. Don’t hesitate to seek the legal guidance you deserve. Contact us today at (231) 722-2444 or here to schedule a consultation.