When seeking compensation for injuries sustained in an automobile accident, damages will only be awarded to an injured party if the person at fault is found to be more than 50% at fault for the accident. Like many other states, Michigan has comparative fault laws which can reduce the amounts awarded to the victims of accidents. Seeking compensation is also complicated by their no-fault insurance laws.
Michigan has no-fault insurance which guarantees the expenses incurred when you’re injured in an accident will be paid. While this is good for drivers who might be hit by someone who doesn’t have insurance, it also limits the ability of an automobile accidents attorney in Ann Arbor, MI to seek damages from the party at fault for the accident. Usually, the sustained injuries have to be serious enough to warrant filing a personal injury lawsuit before they can be sought.
Comparative Fault Laws
Under Michigan law, the defendant has to be at least 50% at fault for a plaintiff to be awarded compensation for damages they received in an accident. When damages sought by an automobile accidents attorney are calculated, the amount of the award will be reduced by the amount the plaintiff was found at fault for the accident. So, if a plaintiff is found 15% at fault for an auto accident, then the amount awarded will be reduced by 15%.
The comparative fault law also applies to the amounts awarded for non-economic damages and the claim for property damage to your vehicle. The law can be confusing when it comes to damage awards, but you can go to Cooperandbenderpc.com to find an automobile accidents attorney to consult if you’ve been injured in an accident. There are time limits on when a claim can be filed, which, for auto accidents, is three years after the date of the incident.