Michigan Injury Claim Rules

Rules cited to Michigan’s statutes and case lawRules checked How we calculate

Fault rule51% barThe award is cut by your share. Above 50% fault you lose pain and suffering but keep economic damages.Mich. Comp. Laws § 600.2959
Filing deadline3 yearsFrom the date of the injury.Mich. Comp. Laws § 600.5805
Minimum insurance50/100/10Per person, per crash, property. Michigan is a no-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

This page collects the rules that decide what an injury claim is worth in Michigan: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

Michigan is a no-fault state, so car crash claims start with your own PIP coverage. 51% bar decides how fault affects everything else.

Michigan injury claim rules

Fault. Michigan uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up. Above 50% fault you lose pain and suffering damages, but can still recover economic damages reduced by your share.

Filing deadlines. You have three years from the injury to file a personal injury lawsuit. Families have three years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. Michigan is a no-fault state. Your own personal injury protection (PIP) pays your medical bills and part of your lost income first, up to a PIP medical level you choose: unlimited, $500,000, $250,000, or $50,000 for Medicaid enrollees, whoever caused the crash. To claim pain and suffering from the at-fault driver, you need death, serious impairment of a body function or permanent serious disfigurement. Liability minimums are 50/100/10.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. Owners are strictly liable for bites to people lawfully on public or private property who did not provoke the dog.

Michigan injury claim questions

Can I still get a settlement in Michigan if I was partly at fault?

Yes. Your award is reduced by your percentage of fault. Above 50% you lose pain and suffering damages but can still recover reduced economic damages.

How long do I have to file a personal injury lawsuit in Michigan?

three years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does Michigan cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.