You were in a car accident, suffered thousands of dollars in medical losses, and now have serious pain, but you were told you were partially at fault. Recovering from this type of financial loss is challenging, but understanding Michigan’s comparative negligence law could help you create a solid case for moving forward. At White Law PLLC, our Michigan personal injury lawyer works with victims facing all levels of loss.
Understanding Comparative Negligence
Comparative negligence is the process in which the damages you can recover as a victim in a personal injury case are reduced because you played some level of role in that accident. If you were partially to blame, Michigan law states that your compensation can be reduced by the amount of responsibility you had in that case. Our Michigan personal injury attorneys will strive to keep this figure as low as possible.
Here is an example of what may occur. You are in a car accident in which you were found to be 10% at fault. This means that you did something that caused the police to believe you were somewhat responsible for what happened. In this situation, your compensation is reduced by 10%.
By comparison, if you are found to be 0% at fault, that means your compensation is not limited or reduced in any way. You should see the full amount owed to you. As a result, it is critical to work with a legal team capable of proving you had no role in the cause of the accident.
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What Complicates Comparative Negligence in Michigan
Under Michigan’s comparative negligence law, a person can file a claim for their losses if they are 50% or lower at fault in the incident. If they are found to be 51% or higher at fault, they can no longer file a personal injury claim for their losses. They are prohibited from doing so.
This can be a financial nightmare, especially when you may not have enough insurance coverage to meet your medical bills or give you the time off you need to heal. In this situation, any pain and suffering you could have claimed is eliminated. However, there are some instances in which you may still be able to file a claim for the economic losses you have.
Our goal as your trusted and experienced legal team is to work to get you the highest level of compensation possible. This often means proving what your losses are and then demonstrating how it was not your fault. Even if the police report blames you, our attorneys will work as closely as possible with you to pursue proof that you are still owed compensation.
What Michigan’s No-Fault Laws Mean for Comparative Negligence
Michigan goes one step further in making this process more challenging because it is a no-fault state. In a no-fault case, fault does not matter, and therefore, comparative negligence does not apply. In these situations, each person is paid for their losses from their own insurance carrier, and therefore, they do not need to seek funds from the other party.
This means that if you are involved in an accident and found to be 51% or higher to blame for it, you can still recover losses. These losses would come from your PIP insurance. There is no case in which this could be reduced because you were at fault, so it is important to be aware of the tricks auto adjusters use to decrease settlements so you can better protect yourself.
However, comparative negligence will apply in those situations where your PIP coverage is not enough to cover your losses. If your vehicle damage and repair costs are higher, and your medical and lost wages are more than the costs you have, you may be able to pursue financial compensation from the responsible party. Comparative negligence rules still apply in this situation.
We know how to get our clients the results they need in the toughest legal arenas.
The Role of Comparative Negligence in Pain and Suffering Claims
Many people in serious accidents are faced with noneconomic losses, including ongoing pain and suffering. When someone else causes these injuries, you should be able to seek compensation for them. In a comparative negligence state like Michigan, though, the level of fault you present will play a role in how much compensation you receive.
This means that any pain and suffering claim you make could be reduced by the amount of fault you hold in this case. If you were more than 50% to blame for the incident, you cannot file a claim for pain and suffering under this law. As difficult as that is, it is very common for this to occur.
Because of the complexity of this component of the law, we strongly urge you to work very closely with our legal team to pursue full and fair compensation. We aim to do what we can to prove you do not deserve any fault in the case. Even if you do, we will work diligently to reduce any implications possible so that you recover compensation.
You will always work directly with your attorney throughout your case.
We Work to Find the Evidence to Prove Your Innocence
In situations where you are simply not to blame, and blame is awarded by a police officer otherwise, we will work to provide a standard of proof in your case. It may be possible to change these rulings depending on the evidence. We may look for data such as the following to help you in this process:
- Video or photos of the incident taking place
- Evidence from witness statements
- Data from vehicle logs and navigational tools
- Information from police that may be accurate or inaccurate
- Documentation from accident recreationists
If it is possible to prove your innocence, we will. If it is not possible, we will continue to work to reduce the percentage of fault you face. That can impact your ability to recover losses.
Contact Our Personal Injury Attorneys for Comprehensive Support
At White Law PLLC, we care about your best outcome, and that means we work hard to prove your innocence whenever possible. You can count on us to help you navigate comparative negligence laws so you can recover all of the damages owed to you. Call us now to learn how we can help you with a free consultation.
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