Personal injury law in Michigan has undergone significant changes in recent years, and these changes impact those seeking compensation for injuries and those who may be liable for such damages.
This article will discuss the fundamental changes in personal injury law in Michigan that have taken place in recent years.
Changes to the No-Fault System
Michigan’s no-fault insurance system has been in place since the 1970s. Still, significant changes were made in 2019 that have impacted how individuals seek compensation for injuries sustained in motor vehicle accidents.
Before the changes, individuals injured in car accidents could seek compensation for medical expenses, lost wages, and other damages from their insurance company, regardless of who was at fault for the accident. However, the changes made in 2019 now require that individuals choose between a no-fault policy with unlimited medical coverage or a policy with limited medical coverage.
Limitations on Non-Economic Damages
Another change to Michigan’s personal injury law is a cap on non-economic damages, such as pain and suffering, that can be awarded in lawsuits. In 2019, the Michigan Supreme Court upheld a law that limits non-economic damages to $280,000 in medical malpractice cases and $500,000 in other personal injury cases. However, these limits do not apply if the injuries are catastrophic or the defendant acted with gross negligence.
Changes to the Statute of Limitations
The statute of limitations is when a person must file a lawsuit after an injury occurs. In Michigan, the statute of limitations for most personal injury cases is three years from the date of the damage. However, changes were made to the statute of limitations for sexual abuse cases in 2018. These changes allow victims of sexual abuse to file a lawsuit up to 10 years after the incident or up to three years after discovering the injury, whichever is later.
Changes to the Governmental Immunity Act
The Governmental Immunity Act is a law that limits the liability of government entities for injuries caused by their employees. However, changes were made to the Act in 2019 that now allow individuals to sue government entities for damages caused by their employees’ gross negligence or intentional misconduct.
Changes to Joint and Several Liability
Under joint and several liabilities, defendants found to be only partially at fault for an injury can be held liable for the damages awarded to the plaintiff. However, changes were made to Michigan’s joint and several liability laws in 2019 that now limit the liability of defendants who are found to be less than 50% at fault for an injury.
Changes to the Definition of Catastrophic Injuries
Catastrophic injuries are those that result in permanent disability or disfigurement. In Michigan, individuals who suffer devastating injuries can receive unlimited medical coverage under their no-fault insurance policy. However, changes were made to the definition of catastrophic injuries in 2019 that now require individuals to demonstrate a “permanent and serious” impairment of a bodily function to qualify for unlimited medical coverage.
Changes to Expert Witness Testimony
Expert witness testimony is often used in personal injury cases to provide insight into technical or scientific matters. However, changes were made to the rules governing expert witness testimony in Michigan in 2013. These changes now require that expert witnesses be qualified in the specific area in which they are providing testimony and that their testimony be based on reliable scientific or technical principles.
In conclusion, personal injury law in Michigan has undergone significant changes in recent years that impact both those seeking compensation for injuries and those who may be liable for such injuries. These changes range from changes to the no-fault system, limitations on non-economic damages, and changes in the statute.
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