Michigan Personal Injury Attorneys

Michigan gives you three years from the date of injury to file a personal injury lawsuit. Auto accident claims also carry a three-year deadline. Medical malpractice claims require a 182-day Notice of Intent before filing and must be brought within two years. Wrongful death claims carry a three-year deadline. Claims against government entities require notice within six months under the Michigan Governmental Tort Liability Act. If the injured person is a minor, the clock typically doesn't start until they turn 18.

Michigan's no-fault law (MCL 500.3135) only allows lawsuits against at-fault drivers when the injured person suffers a "serious impairment of body function" or "permanent serious disfigurement." The court considers whether the injury: (1) is objectively manifested, (2) is an impairment of an important body function, and (3) affects the person's general ability to lead their normal life. This is inherently fact-specific and decided case-by-case. Unlike New York's nine-category threshold, Michigan uses a broader, more subjective standard based on the McCormick v. Carrier decision.

Since July 2020, Michigan drivers choose their PIP medical coverage level: Unlimited (no cap — closest to the old law), $500,000 cap, $250,000 cap (with option to exclude individuals who have qualifying health coverage), $50,000 cap (Medicaid enrollees only), or Opt-out (Medicare Parts A & B enrollees only). This single choice determines how much of your accident-related medical care your own insurer covers. If your costs exceed your PIP cap, you may need to pursue the at-fault driver's liability insurance or your own health insurance for the excess.

For auto accidents, Michigan uses a modified comparative negligence system with a 51% bar. If you are more than 50% at fault, you cannot recover non-economic damages (pain and suffering). Economic damages follow different rules under no-fault. For non-auto personal injury cases (slip and falls, dog bites, etc.), Michigan applies modified comparative fault — your recovery is reduced by your fault percentage, and you are barred if more than 50% at fault.

Michigan does not have a general cap on damages in standard personal injury cases. However, medical malpractice non-economic damages are capped (approximately $497,000 for most cases, adjusted for inflation). Product liability also has non-economic caps. For auto accident claims, the practical limitation is the serious injury threshold — without meeting it, you cannot recover pain and suffering at all. Once you meet the threshold, there is no statutory cap on non-economic damages in auto cases.

Michigan's reformed no-fault system is one of the most complex in the nation. The interplay between PIP coverage tiers, the serious injury threshold, comparative fault rules, and aggressive insurance tactics creates multiple points where claims can be undervalued or denied. Many drivers chose low PIP tiers to save on premiums without understanding the consequences. An experienced Michigan attorney works on a contingency fee basis and can navigate PIP claims, prove serious impairment, and pursue the at-fault driver's insurance for full damages.