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Personal Injury Law in Michigan
Negligence in Michigan
Most personal injury cases involve an analysis of the State law regarding torts and negligence. Michigan is no exception. In fact, Michigan has its own way of viewing negligence cases. Due to the unique complications, it is important to hire an experienced Michigan personal injury lawyer to help analyze your claim. The basic idea, however, is that if a person does not show a required standard of care, and their actions cause your injury, they might be liable for any resulting damages. One aspect of law in Michigan is a comparative negligence framework. The idea is that your damages would potentially be reduced in some ratio of your own negligence that also contributed to the injury. Due to this, it is important for your injury attorney to make sure you aren’t being blamed for causing the injury if that is not borne out by the facts of your case. As with most other states, Michigan law also requires a showing of duty, breach, causation and damages in negligence cases. For more specific rules, see MCL Section 600.2959.
No-Fault Auto Insurance
If your personal injury case involves an automobile accident in Michigan, it probably also involves Michigan’s no-fault system of auto insurance. Michigan drivers are required to have a no-fault insurance policy which is designed to cover the cost of necessary medical bills to treat injuries from a car accident. Whether or not you are covered if you’re in an accident is a complicated legal question that requires the assistance of a Michigan car accident lawyer. If you are seriously injured in a car accident in Michigan, your case may even fall outside the no-fault system to some degree and involve a third-party case against the tortfeasor’s insurance company.
Damage Caps In Michigan
There are limitations to damages in some personal injury cases in Michigan although the analysis is too fact specific to apply a general blanket rule applying to all circumstances. One example is medical malpractice cases. There are also caps on product liability cases in certain instances. For more specific rules regarding potential damage caps in Michigan, see MCL 600.1483 and 500.3135.
Dog Bites in Michigan
The state of Michigan recognizes tort liability in certain cases against an owner of a dog that bites another and injures them. Under MCL Section 287.351, so long as there is no provocation and the injured person is on public property or private property lawfully, there’s probably going strict liability imposed on the owner of the dog responsible for the Michigan dog bite. This same liability might apply if the person is on the owner’s property performing any duty imposed on them by the law or if the person is an invitee or licensee of the person in possession of the property. Strict liability essentially means there are a limited number of defenses. Those defenses, however, do usually include cases where the injured party provoked the dog or where the injured party was trespassing. For more about the defenses to a dog bite in Michigan, see the Lorenz case.
Medical Malpractice in Michigan
Claims for medical malpractice against doctors or medical professionals usually occur when a mistake is made which results in serious injuries. From a legal standpoint, these cases involve reasonable standards of care and proof that a defendant failed to comply. Due to the complexity of medical malpractice cases, there’s a number of other very important factors established both by Michigan case law and Michigan statute. For example, the burden of proof in medical malpractice cases in Michigan is established by MCL Section 600.2912a. There are many other considerations set forth in the sections to follow governing many other aspects of medical malpractice cases. Due to this complex statutory landscape, you should always consult a medical malpractice lawyer in Michigan if you believe you’ve been injured by the malpractice of a doctor or medical professional.
Dennis E. Sawan
Licensed in Ohio and Florida
Dennis P. Sawan
Licensed in Ohio and Georgia
Christopher A. Sawan
Licensed in Ohio and Michigan
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