Many types of accidents result in injuries. The one thing they share in common is that they are usually caused by someone else’s negligence. If you plan on filing a personal injury claim, you should understand Michigan’s negligence laws.
What are the elements of negligence in Michigan?
In order to have a legitimate claim to file a personal injury lawsuit, the accident that led to your injuries must have been caused by negligence or carelessness. A few elements must be in place to prove that a person was responsible for the accident that led to your injuries. They include the following:
• The defendant owed you a duty of care.
• The defendant failed to meet that duty of care.
• If the defendant had not failed to meet that duty of care, you would not have been injured.
• The defendant’s failure, not something else, directly caused your injuries.
• When you suffered your injuries, you also suffered some type of loss.
The loss you suffer due to your injuries could include your medical expenses and lost wages if your injuries were severe enough that you had to miss time off from work.
What if you are partially at fault for the accident?
Michigan follows the laws of modified comparative negligence. This means that if you are found to be partially at fault for the accident that caused your injuries, your damages awarded in a successful claim are reduced by your percentage of fault.
However, if you’re found to be more than 50% responsible for the accident, you cannot recover non-economic damages. This includes things like pain and suffering.
