Home › Personal Injury Laws by State › Michigan Personal Injury Laws

Michigan generally requires most personal injury lawsuits based on negligence to be filed within three years after the claim accrues. Claims for no-fault insurance benefits after a motor-vehicle collision are subject to separate, much shorter time rules, and different rules, exceptions, tolling provisions, and notice requirements for claims against governmental entities may apply depending on the claim and the parties involved. This page cannot determine which deadline applies to any particular situation; only a licensed Michigan attorney reviewing the facts can do that.

Michigan follows a no-fault system for motor-vehicle injury claims, under which a person's own insurance generally pays certain medical and wage-loss benefits after a collision regardless of who caused it, while a claim against an at-fault driver for other losses is generally available only when an injury meets thresholds defined by state law. In such claims, liability ordinarily depends on who caused the collision, and the compensation available generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

Michigan follows a modified comparative-fault rule with rules that differ by category of compensation. In general terms, compensation may be reduced according to an injured person's share of fault; recovery of non-economic compensation is generally barred when that person's share of the fault is greater than half of the total fault involved, while other categories of compensation may be reduced rather than barred. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

Michigan generally requires vehicle owners to maintain insurance that meets requirements established by state law, including liability coverage and personal injury protection benefits that apply regardless of fault, with state law allowing drivers to choose among defined levels of personal injury protection coverage. Uninsured/underinsured motorist coverage is generally an optional coverage in Michigan. The coverage available in any particular situation depends on the policies involved and current law.

Michigan does not impose a general cap on compensatory damages in most personal injury cases, but state law does limit certain categories of damages in specific kinds of claims, including limits on non-economic damages in medical malpractice claims, with amounts adjusted over time. Special rules also apply to certain claims and parties, including claims involving governmental entities. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

Michigan personal injury lawsuits may be filed in the state's circuit courts, which have general civil jurisdiction, or in district court for some more limited civil matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed Michigan attorney can evaluate.

A licensed Michigan attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the Michigan communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.