Understanding Michigan Personal Injury Law: What to Know Before You File

Michigan personal injury law covers harm caused by another's negligence, including auto crashes, medical malpractice, and defective products. Michigan's no-fault auto system means most crash-related medical costs go through PIP benefits, and you generally can sue an at-fault driver only if your injuries meet the state's serious-injury threshold. Most personal injury lawsuits must be filed within three years of the injury; medical malpractice and claims involving minors have special timing rules. Preserve evidence, document injuries, notify insurers, and consult an experienced Michigan personal injury attorney promptly.

Michigan protects people who suffer physical, mental, or emotional harm caused by another person or by defective products through its tort laws. This article explains the basic concepts, key deadlines, and practical steps if you're considering a claim.

What counts as a personal injury in Michigan

A personal injury occurs when someone's negligence or intentional act causes harm to another person or their property. Common examples include car crashes, medical malpractice, workplace injuries, birth injuries, and injuries from defective products.

Damages in these cases can include medical bills, lost wages, ongoing care costs, and compensation for pain and suffering. An experienced Michigan personal injury attorney can help quantify losses and build a claim.

Michigan's no-fault auto system and claims from car crashes

Michigan is a no-fault auto-insurance state. That means after most car accidents, your first recovery route for medical bills and lost income is through your own Personal Injury Protection (PIP) benefits rather than a third party's liability policy.

You can pursue a lawsuit against the at-fault driver only if your injuries meet the state's threshold for serious injury (for example, a ''serious impairment of body function'' or other statutory standards). Recent changes to Michigan's auto-insurance laws gave drivers more choices about medical coverage, but the no-fault structure and the need to meet a threshold to sue remain central.

Time limits (statute of limitations)

For most Michigan personal injury claims, the deadline to file a lawsuit is three years from the date of the injury. Missing that deadline usually bars court claims, even if your case is otherwise strong.

Medical malpractice and some other categories follow different rules and shorter or more complex timelines. For example, malpractice claims often use discovery rules and caps on the maximum time after the negligent act. If your claim involves medical malpractice, birth injury, or a minor, seek prompt legal advice because special rules and tolling may apply. ¹

Practical steps after an injury

• Get medical care first and preserve records. Medical documentation is essential.

• Preserve evidence: photos, police reports, witness contact info, and damaged property.

• Notify your insurer promptly and be cautious in communications with other insurers.

• Consult a licensed Michigan personal injury attorney early - many handle cases on contingency and can advise whether your claim should be a no-fault PIP claim or a lawsuit.

Finding the right attorney

Look for lawyers with specific Michigan personal injury experience and a track record in similar cases. Ask about contingency fees, how they handle settlement negotiations, and trial experience.

If you think you have a claim, act promptly to protect your rights and preserve evidence. Legal deadlines and insurance rules can be unforgiving, and early legal advice clarifies options and deadlines.

1. Confirm current details of Michigan no-fault auto insurance reforms (post-2019) and how they affect the ability to sue for injury, including exact statutory thresholds and effective dates.
2. Verify the specific statute of limitations and discovery/tolling rules that apply to Michigan medical malpractice claims and rules for claims involving minors.