Michigan Legal Glossary

The formal written response a defendant files after being served with a complaint. The answer admits or denies each allegation and raises any affirmative defenses the defendant intends to use. In Michigan, a defendant typically has 21 days to file an answer after being served (MCR 2.108).

A request to a higher court to review a lower court's decision. In Michigan, most trial court decisions are appealed to the Michigan Court of Appeals. Decisions from the Court of Appeals can be further appealed to the Michigan Supreme Court, though that court has discretion over which cases it accepts. Filing deadlines are strict - missing them can permanently bar your right to appeal.

A private dispute resolution process in which a neutral third party (the arbitrator) hears both sides and issues a decision. Arbitration can be binding (the parties must accept the outcome) or non-binding (either party can reject the result and proceed to court). Many auto insurance policies contain mandatory arbitration clauses for certain claims. Unlike a court trial, arbitration proceedings are not public record.

The obligation to present sufficient evidence to support a legal claim. In Michigan civil cases - including most personal injury and civil rights claims - the burden of proof is preponderance of the evidence, meaning it is more likely than not (greater than 50%) that the defendant's conduct caused the plaintiff's harm. This is a lower standard than the criminal standard of beyond a reasonable doubt.

The formal heading on every legal document filed in court, identifying the names of the parties, the court, the case number, and the judge assigned to the case.

Judicial decisions from courts that interpret statutes and establish legal precedent. In Michigan, case law from the Michigan Supreme Court is binding on all lower courts. Case law from the Michigan Court of Appeals is generally binding on trial courts. Federal court decisions interpreting federal civil rights laws are also binding in Michigan federal courts.

A legal dispute between private parties (or between a private party and a government entity) seeking compensation, injunctive relief, or other remedies. Civil cases are distinct from criminal cases, in which the government prosecutes an individual for violating criminal law. Personal injury, civil rights, wrongful death, and insurance disputes are all civil cases.

A lawsuit in which one or more plaintiffs represent a larger group of people who share common legal claims against the same defendant(s). Class actions are used when individual claims are too small to litigate separately but are significant in aggregate. In Michigan, class actions are governed by MCR 3.501.

The administrative official responsible for maintaining court records, filing documents, issuing summonses, and managing the court's docket. In Michigan, each county circuit court has its own clerk's office.

The initial legal document that starts a lawsuit. The complaint identifies the parties, describes what happened, explains which laws were violated, and states what the plaintiff is seeking. In Michigan circuit court, the complaint is filed with the county clerk and a filing fee is paid. Filing a complaint formally begins the statute of limitations clock, provided the defendant is also properly served.

A court order that resolves a case based on an agreement between the parties. Although it is a judgment issued by the court, the terms are negotiated and agreed upon - it is not a court determination of guilt or wrongdoing. Consent decrees are commonly used to resolve civil rights cases involving systemic institutional misconduct.

A finding that a party, attorney, or other person has disobeyed or disrespected a court order or the authority of the court. Contempt can be civil (coercive, meant to compel compliance) or criminal (punitive). A party who violates an injunction, fails to comply with a discovery order, or disobeys a subpoena can be held in contempt.

A postponement of a scheduled court hearing, trial, or deadline. Continuances require a showing of good cause and approval from the judge. Repeated continuances can delay justice for injured clients, which is why experienced attorneys manage case timelines proactively.

A claim filed by a defendant against the plaintiff within the same lawsuit. For example, a defendant in a car accident lawsuit might file a counterclaim alleging the plaintiff was actually at fault for the collision.

A claim filed by one defendant against another defendant (or one plaintiff against another plaintiff) within the same lawsuit. Cross-claims commonly arise when two defendants each blame the other for the plaintiff's injuries.

A court judgment entered against a party who fails to respond to a lawsuit or comply with court orders. In Michigan, if a defendant does not file an answer within the time allowed, the plaintiff can request a default, and then a default judgment, which may include the full amount of damages sought.

The party being sued in a civil lawsuit. A defendant can be an individual, a corporation, a government entity, or any other legal person. In a car accident case, the at-fault driver is typically the defendant. In a civil rights case, the defendant is often a police officer, municipality, or other government body.

Contrast with: Plaintiff

A formal, out-of-court statement given under oath by a party or witness in a lawsuit, with attorneys from both sides present. Depositions are transcribed by a court reporter and can be used at trial to challenge inconsistent testimony. Depositions are one of the most important tools in litigation - both for gathering information and for locking in a witness's account before trial.

The pre-trial phase of litigation during which parties exchange information, documents, and evidence relevant to the case. Discovery tools include depositions, interrogatories, requests for production of documents, and requests for admissions. Discovery is where cases are often won or lost - uncovering key evidence about a defendant's knowledge, policies, or prior conduct can be decisive.

The official log of all actions and filings in a court case, maintained by the clerk of court. The docket includes the date and description of every document filed, hearing scheduled, and ruling issued.

A person with specialized knowledge, skill, training, or experience who is qualified to offer opinions in court on issues outside the average juror's understanding. In personal injury cases, expert witnesses may include accident reconstructionists, medical doctors, economists (for damages calculations), or engineers. Under MRE 702, expert testimony must be based on sufficient facts, reliable methods, and proper application of those methods to the facts of the case.

A legal process by which a judgment creditor collects money owed by intercepting payments owed to the judgment debtor by a third party - typically wages or bank accounts. In Michigan, there are limits on how much of a person's wages can be garnished, governed by the Consumer Protection Act and federal law.

A court order requiring a party to do something (mandatory injunction) or stop doing something (prohibitory injunction). Injunctions are used in civil rights cases to stop ongoing unconstitutional practices by government entities. Violating an injunction is contempt of court.

Written questions submitted by one party to another in a lawsuit, which must be answered in writing under oath within a specified time period. In Michigan circuit court, a party may serve no more than 20 interrogatories (including subparts) without court permission (MCR 2.309). Interrogatory answers become part of the record and can be used to challenge a party's later trial testimony.

The final decision by a court resolving the parties' rights in a lawsuit. A judgment may award money damages, grant injunctive relief, dismiss the case, or take other action. Once a judgment is entered and the time for appeal has passed, it becomes final and enforceable.

The legal authority of a court to hear a particular type of case or to exercise authority over a particular party or geographic area. Michigan circuit courts have general jurisdiction over most civil cases. Federal district courts in Michigan have jurisdiction over federal civil rights claims under 42 U.S.C. § 1983 and over cases between citizens of different states involving more than $75,000.

An ordinary witness who testifies about facts they personally observed. Unlike expert witnesses, lay witnesses are generally not permitted to give opinions - only factual accounts of what they saw, heard, or experienced.

Permission from an appellate court to appeal a lower court decision when an appeal is not automatic. In Michigan, many interlocutory orders (decisions made during a case before final judgment) require leave from the Michigan Court of Appeals before they can be appealed.

A legal claim against money that may be owed to a plaintiff, typically by a health insurer, hospital, or government agency seeking reimbursement for expenses paid on the plaintiff's behalf. Resolving liens is a critical part of finalizing settlements - unresolved liens can come back to claim your settlement money years later.

A voluntary, confidential dispute resolution process in which a neutral mediator helps the parties negotiate a settlement. Mediation is not binding - either party can walk away. In Michigan, many circuit court judges order mandatory mediation before trial. A skilled attorney can use mediation to secure a fair resolution without the time and uncertainty of trial.

A formal request made to the court, asking the judge to rule on a specific legal issue. Common motions include motions to dismiss, motions for summary judgment, motions to exclude evidence, and motions to compel discovery.

A motion asking the court to rule in one party's favor without a full trial, on the grounds that there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. Under MCR 2.116, summary judgment is appropriate when the non-moving party cannot produce evidence sufficient to support their claim. Defense attorneys often file these motions to try to end cases before they reach a jury.

A motion asking the court to throw out all or part of a case, typically early in litigation, on the grounds that the complaint fails to state a legally valid claim. Under MCR 2.116(C)(8), dismissal is appropriate if the opposing party failed to state a claim on which relief can be granted.

In Michigan medical malpractice cases, a written notice that must be served on each defendant at least 182 days before filing suit. The NOI must include the facts of the case, the applicable standard of care, and how it was breached. Failure to properly serve an NOI is grounds for dismissal under MCL 600.2912b.

A court's authority over the parties in a lawsuit. Michigan courts have personal jurisdiction over Michigan residents and over out-of-state defendants who conducted business, caused injury, or otherwise had sufficient contacts with Michigan.

The party who files a lawsuit seeking relief from the court. In a personal injury case, the injured person is the plaintiff. In a civil rights case, the person whose rights were violated is the plaintiff.

Contrast with: Defendant

The formal documents filed at the start of a lawsuit that set out each party's claims and defenses. The primary pleadings are the complaint (filed by the plaintiff) and the answer (filed by the defendant).

A court order issued early in a lawsuit that temporarily prohibits or requires certain conduct until the case is fully resolved. A preliminary injunction is stronger than a temporary restraining order (TRO) and requires the moving party to show a likelihood of success on the merits, irreparable harm without the order, that the balance of harms favors the order, and that the public interest supports it.

The standard of proof in most Michigan civil cases. A party meets this standard when the evidence shows that their version of events is more likely true than not - essentially, more than 50% probable. This is a lower standard than "clear and convincing evidence" and far lower than the criminal standard of "beyond a reasonable doubt."

Damages awarded to punish a defendant for particularly egregious, reckless, or malicious conduct, and to deter similar behavior. Michigan law generally does not allow punitive damages in state court civil cases; the state uses "exemplary damages" instead, which serve a similar purpose in appropriate cases. However, punitive damages are available in federal civil rights cases under 42 U.S.C. § 1983 when a defendant acts with reckless disregard for a plaintiff's constitutional rights.

Written statements sent by one party to another requesting that the recipient admit or deny specific facts or legal conclusions. Facts admitted in response to requests for admissions are treated as established for the purpose of the lawsuit, removing them from dispute and narrowing the issues for trial.

A discovery tool requiring the opposing party to produce specified documents, electronically stored information, or tangible items. In personal injury and civil rights cases, requests for production commonly seek medical records, police reports, surveillance footage, personnel files, and prior complaint records.

A contract between a client and an attorney setting out the terms of representation. Most Michigan personal injury attorneys work on contingency fee agreements, meaning they are paid a percentage of the recovery only if the case is successful. There is no upfront cost to the client.

The formal delivery of legal documents (typically a summons and complaint) to the defendant, notifying them of the lawsuit and their obligation to respond. In Michigan, service may be made by personal delivery, certified mail, or, in some circumstances, by publication. A case cannot move forward until the defendant has been properly served.

An agreement between the parties to resolve a lawsuit without a trial. Settlements are voluntary and typically involve the defendant paying an agreed sum in exchange for the plaintiff releasing their claims. Most personal injury cases settle before trial. A settlement that is too low, reached before the full extent of injuries is known, can leave a client permanently undercompensated.

The legal right to bring a lawsuit. To have standing, a party must have suffered a concrete, actual injury, the injury must be traceable to the defendant's conduct, and a court ruling must be capable of redressing the injury. Standing is frequently challenged by defense attorneys in civil rights cases.

The deadline by which a lawsuit must be filed. If you miss the statute of limitations, you permanently lose your right to sue, regardless of how strong your case is. Key Michigan deadlines include:

A court order compelling a person to appear for a deposition, hearing, or trial, or to produce documents and records. A subpoena duces tecum requires the production of specific documents. Failure to comply with a subpoena is punishable by contempt of court.

The right of an insurer or other entity that has paid a claimant's expenses to "step into the shoes" of the claimant and seek reimbursement from the at-fault party. For example, if your health insurer paid $30,000 in medical bills after a car accident caused by another driver, your health insurer may have a subrogation right to recover that $30,000 from the at-fault driver's insurer. Subrogation liens must be resolved at settlement.

A formal legal document issued by the court clerk and served on the defendant, notifying them that a lawsuit has been filed and that they must respond within a specific time period or face a default judgment.

An emergency court order issued without notice to the opposing party (ex parte) when immediate, irreparable harm is threatened. A TRO is short-term - typically no more than 14 days - and must be followed by a hearing on whether to convert it to a preliminary injunction.

A complaint filed by a defendant against a new party (the third-party defendant) who is not already in the lawsuit, alleging that the third party is liable for all or part of the plaintiff's claims.

The pausing or suspension of the statute of limitations clock. In Michigan, the statute of limitations may be tolled when the plaintiff is a minor (MCL 600.5851), when the defendant fraudulently conceals the claim (MCL 600.5855), or when the plaintiff is legally incapacitated.

The formal proceeding in which both parties present evidence and argument before a judge or jury. In Michigan civil cases, either party has the right to demand a jury trial. Most personal injury cases settle before trial, but when a case cannot settle fairly, having an attorney who is genuinely willing and prepared to try the case is the single biggest driver of settlement value.

The specific geographic location where a lawsuit is filed and heard. In Michigan, venue is typically proper in the county where the incident occurred or where the defendant resides. Venue can sometimes be transferred on motion by either party.

The formal decision by a jury (or, in a bench trial, by the judge) on the issues submitted to them. In Michigan civil cases, a jury verdict requires agreement of at least 5 out of 6 jurors (MCR 2.514).

A court order directing law enforcement (the county sheriff) to seize a judgment debtor's property to satisfy an unpaid judgment.

A defense that argues the plaintiff voluntarily encountered a known danger and therefore cannot hold the defendant liable. In Michigan, assumption of risk has largely been subsumed into the comparative fault framework under MCL 600.2959.

A dangerous condition or object on property that is likely to attract children who may not understand the risk. Under Michigan law, landowners have a duty to exercise reasonable care to protect trespassing children from artificial conditions that pose an unreasonable risk, if children are likely to trespass and the risk outweighs the utility of maintaining the condition.

One of the four elements of a negligence claim. A breach occurs when a defendant fails to act as a reasonable person would under the same circumstances. Whether conduct constitutes a breach is typically a question for the jury.

A causation test asking: but for the defendant's negligence, would the plaintiff's injury have occurred? If the answer is no, the defendant's negligence is a cause-in-fact of the injury. But-for causation is the standard test; the "substantial factor" test is used when multiple independent causes combine to cause a single harm.

The causal link between the defendant's negligence and the plaintiff's injury. Michigan requires proof of both cause-in-fact (the "but-for" test) and proximate cause (the harm was a foreseeable result of the negligence). Without causation, there is no viable negligence claim even if the defendant clearly acted wrongly.

Michigan's system for allocating fault among multiple parties. Under MCL 600.2959, a plaintiff can still recover damages even if they were partially at fault - but their recovery is reduced by their percentage of fault. If a plaintiff is found to be 51% or more at fault, they cannot recover anything. This is called a modified comparative fault system.

Example: If a jury finds the plaintiff suffered $100,000 in damages but was 30% at fault, the plaintiff recovers $70,000.

A plaintiff's failure to exercise ordinary care for their own safety that contributes to causing their own injury. Under Michigan's comparative fault system, contributory negligence reduces (but does not eliminate) a plaintiff's recovery, as long as their fault does not exceed 50%.

Legal liability of a bar, restaurant, or other licensed liquor establishment for injuries caused by an intoxicated patron they served. Michigan's Dramshop Act (MCL 436.1801) allows injured third parties to sue a liquor establishment that served visibly intoxicated persons who then caused harm.

The legal obligation to act with reasonable care toward others who could foreseeably be harmed by your conduct. Duty is the first element of any negligence claim. Drivers have a duty to other motorists and pedestrians. Property owners have a duty to people on their property. Doctors have a duty to their patients.

Michigan uses a pure several liability system under MCL 600.6304 for most cases. Each defendant pays only their proportionate share of fault. In cases involving intentional torts, however, joint and several liability still applies, meaning one defendant can be required to pay the full judgment even if another at-fault party cannot pay.

The test for whether a defendant should have anticipated that their conduct might cause a particular type of harm. Foreseeability is central to both the duty and proximate cause analyses in Michigan negligence law.

Conduct that is substantially more than ordinary carelessness - reckless disregard for the rights and safety of others. Gross negligence is significant in Michigan because it is the threshold required to overcome governmental immunity for individual government employees under MCL 691.1407(2). It is also relevant in cases involving assumption of risk.

The legal attribution of one person's negligence to another person based on their relationship. For example, an employer may be held liable (through respondeat superior) for the negligent acts of an employee acting within the scope of employment.

A patient's right to receive enough information about a medical procedure - including risks, benefits, and alternatives - to make a voluntary, informed decision. In Michigan medical malpractice cases, a claim for lack of informed consent requires showing that a reasonable person in the patient's position would not have consented to the procedure had they been properly informed.

A person who enters property at the landowner's express or implied invitation. Under Michigan premises liability law, landowners owe the highest duty of care to invitees - the duty to inspect, discover, and repair or warn of dangerous conditions. Business customers, shoppers, and members of the public entering commercial establishments are generally invitees.

A rule under which each defendant who is found liable can be required to pay the full amount of damages, regardless of their individual percentage of fault, leaving the paying defendant to seek contribution from the others. Michigan has largely abolished joint and several liability in personal injury cases through MCL 600.6304, but it remains available for defendants who acted intentionally.

A person who enters property with the owner's permission but for their own purposes, not for a business reason. Michigan landowners owe licensees a duty to warn of known dangerous conditions that the licensee would not reasonably discover. Social guests are typically classified as licensees.

A claim arising from a healthcare provider's failure to meet the applicable standard of care, resulting in injury or death to the patient. Michigan has specific procedural requirements for medical malpractice cases, including a mandatory Notice of Intent (MCL 600.2912b), a 182-day waiting period, and an affidavit of merit from a qualified medical expert signed before suit is filed (MCL 600.2912d).

The legal theory at the heart of most personal injury claims. To prove negligence in Michigan, a plaintiff must establish four elements: (1) the defendant owed a duty of care; (2) the defendant breached that duty; (3) the breach caused the plaintiff's injury; and (4) the plaintiff suffered actual damages as a result. All four elements must be proven by a preponderance of the evidence.

Negligence established by proof that a defendant violated a statute or regulation designed to prevent the type of harm that occurred and that the plaintiff is in the class of persons the statute was meant to protect. In Michigan, violation of a statute or ordinance is evidence of negligence but is not automatically conclusive.

A significant Michigan legal defense that holds a property owner is not liable for injuries caused by dangerous conditions that are "open and obvious" - meaning a reasonably careful person would have noticed and appreciated the risk. Under Lugo v. Ameritech Corp, 464 Mich 512 (2001), an open and obvious condition generally negates the duty to warn or repair. However, Michigan courts recognize exceptions when the condition is "unreasonably dangerous" or "effectively unavoidable." This doctrine is frequently litigated in slip-and-fall and premises liability cases.

The area of law governing a property owner's legal responsibility for injuries that occur on their property. The duty owed depends on the status of the person injured (invitee, licensee, or trespasser) and the nature of the condition causing the harm. Michigan's open and obvious doctrine is a major defense in premises liability cases.

Legal liability of manufacturers, designers, distributors, or sellers for injuries caused by defective products. There are three theories: design defect, manufacturing defect, and failure to warn. Michigan follows the Michigan Products Liability Act (MCL 600.2945 et seq.), which includes a rebuttable presumption that a product meeting FDA or other regulatory approval standards is not defective.

The legal requirement that the defendant's negligence must have been the direct, foreseeable cause of the plaintiff's injury - not merely a cause in fact. Even if the defendant's conduct contributed to the injury, they may not be liable if the injury was caused by an unforeseeable intervening act.

Conduct that consciously disregards a substantial and unjustifiable risk of harm to others. Recklessness is more than mere carelessness but does not require intent to harm. It is relevant to overcoming governmental immunity under MCL 691.1407(2) and to claims for exemplary damages in Michigan.

Latin for "the thing speaks for itself." A doctrine that allows a plaintiff to establish negligence by circumstantial evidence when the type of harm that occurred typically does not happen without negligence, and the instrumentality causing the harm was within the defendant's exclusive control. Commonly used in surgical instrument left inside a patient cases.

Latin for "let the master answer." The legal doctrine holding an employer liable for the negligent acts of an employee committed within the scope of employment. Under respondeat superior, injured parties can seek compensation from both the individual employee and the employer (which typically has greater resources).

A premises liability claim arising from injuries caused by a fall on another person's property due to a dangerous condition - such as wet floors, icy sidewalks, uneven surfaces, or inadequate lighting. Michigan's open and obvious doctrine is a frequently raised defense in these cases.

The level of care, skill, and treatment a reasonably competent professional in the same field would provide under the same circumstances. In medical malpractice cases, deviation from the standard of care is the central issue. Expert testimony is required to establish the applicable standard.

Liability imposed without proof of negligence or intent to harm. In Michigan, strict liability applies in some product liability cases and dog bite claims. Under MCL 287.351, a dog owner is strictly liable for damages caused by a dog bite to a person who was in a public place or lawfully in a private place - regardless of whether the owner knew the dog was dangerous.

In the Michigan No-Fault context, a claim against the at-fault driver for non-economic damages (pain and suffering). To bring a third-party claim, a plaintiff must prove a "serious impairment of body function" or "permanent serious disfigurement" under MCL 500.3135. This is distinct from a first-party No-Fault PIP claim for economic benefits.

A person who enters property without permission or legal right. Michigan landowners owe trespassers a very limited duty of care - generally only to refrain from willful or wanton misconduct. However, the duty is higher when the trespasser is a child (attractive nuisance doctrine).

The indirect legal responsibility of one party for the acts of another due to their relationship. Employers are vicariously liable for employees' negligent acts within the scope of employment. A vehicle owner may be vicariously liable for accidents caused by a person they allowed to drive their car under the owner consent statute (MCL 257.401).

Under MCL 500.3107(1)(a), No-Fault PIP benefits cover "all reasonable charges incurred for reasonably necessary products, services, and accommodations for an injured person's care, recovery, or rehabilitation." This includes medical treatment, prescriptions, medical equipment, attendant care, home modifications, transportation, and other out-of-pocket costs causally related to the accident.

In-home care provided to an injured person who cannot manage their personal care needs independently as a result of accident injuries. Attendant care can be provided by a family member or a professional caregiver and is reimbursable under No-Fault PIP as an allowable expense under MCL 500.3107(1)(a). Following the 2019 No-Fault reform, attendant care provided by a family member is limited to 56 hours per week.

Under Michigan's 2019 No-Fault reform (Public Act 21 of 2019), Michigan drivers can now choose from multiple levels of PIP medical coverage:

Choosing a lower level of PIP coverage reduces premiums but significantly limits benefits if catastrophically injured.

A no-fault policy election that makes another health insurance policy (such as employer-sponsored health insurance) the primary payer for medical expenses before the No-Fault PIP coverage kicks in. Coordinated policies have lower premiums, but they require the claimant to use their health insurance first and can result in disputes between the two insurers over payment.

Contrast with: Uncoordinated Benefits

Under MCL 500.3108, if a person dies as a result of injuries sustained in a motor vehicle accident, Michigan No-Fault provides for payment of up to $5,000 in funeral and burial expenses, as well as surviving dependents' wage loss and replacement services benefits.

Under the 2019 No-Fault reform, insurers may require injured persons to treat with designated in-network healthcare providers. Failure to use a designated provider can result in reduced reimbursement. This is one of the most contentious and practically significant changes in the 2019 reform.

The Michigan state agency responsible for regulating insurance companies and financial service providers operating in Michigan. DIFS can investigate complaints against insurance companies for improper claims handling and can take enforcement action. Filing a complaint with DIFS does not substitute for legal action but can create a useful record of insurer misconduct.

Website: michigan.gov/difs

Under the 2019 No-Fault reform, Michigan created a mandatory fee schedule capping the amounts that medical providers can charge for treating No-Fault patients. The fee schedule is based on Medicare reimbursement rates. Critics argued the fee schedule has caused some providers to stop accepting No-Fault patients.

A claim for PIP benefits filed by an injured person (or their insurer) against their own auto insurer. First-party claims cover medical expenses, wage loss, replacement services, and other allowable expenses regardless of who caused the accident. Michigan No-Fault is built around this first-party system.

Contrast with: Third-Party Claim

Modifications to a residence made necessary by an injured person's disabilities following an accident - such as wheelchair ramps, widened doorways, roll-in showers, or grab bars - are reimbursable as allowable expenses under MCL 500.3107(1)(a).

An examination of an injured claimant requested by the insurance company and conducted by a physician selected and paid by the insurer. Despite the name, IMEs are frequently used by insurers to generate opinions justifying denial of benefits. Courts and experienced attorneys are well aware that IME physicians often have financial incentives to minimize injuries. Under MCL 500.3151, a claimant is required to submit to a reasonable examination at the insurer's request, or risk suspension of benefits.

The Michigan statute that requires all owners or registrants of motor vehicles to maintain valid Michigan No-Fault auto insurance. This mandatory insurance requirement - liability coverage and PIP coverage - is the foundation of the entire No-Fault system.

The Michigan statute that defines the threshold a plaintiff must meet to bring a tort (pain and suffering) claim against the at-fault driver. Read our full guide: Michigan Serious Impairment of Body Function. Under the McCormick v. Carrier standard (see below), a serious impairment of body function exists when the plaintiff has an objectively manifested impairment of an important body function that affects the plaintiff's general ability to lead their normal life.

A landmark 2010 Michigan Supreme Court decision (487 Mich 180) that established the current standard for proving a "serious impairment of body function" under MCL 500.3135. The Court rejected the more restrictive "Kreiner standard" (which required proof that the impairment affected the plaintiff's entire normal life) and held that the impairment need only affect the plaintiff's general ability to lead their normal life. McCormick significantly broadened the class of injured persons who can bring tort claims against at-fault drivers.

A nonprofit association created by Michigan law (MCL 500.3104) that reimburses auto insurers for No-Fault PIP claims exceeding a set threshold (currently $600,000 per claim). Every Michigan auto insurer must participate in the MCCA, which is funded by a per-vehicle assessment charged to all insured Michigan vehicle owners. The MCCA effectively provides unlimited medical coverage for catastrophically injured accident victims in Michigan.

Under Michigan No-Fault law, a person whose vehicle is damaged by an at-fault driver can bring a "mini-tort" claim against the at-fault driver for vehicle damage not covered by their own collision insurance, up to $3,000 (MCL 500.3135(3)(e)). This limit was increased from $1,000 by the 2019 No-Fault reform.

Benefits paid under Michigan's Personal Protection Insurance (PIP) system regardless of who was at fault in the accident. No-fault benefits include medical expenses, wage loss, replacement services, and other allowable expenses. The no-fault system ensures that injured persons receive necessary care and income support without having to wait for fault to be determined.

Significant legislation that overhauled Michigan's auto No-Fault system, effective July 2, 2020. Key changes include: optional PIP coverage levels (replacing mandatory unlimited coverage); a medical provider fee schedule; limits on attendant care provided by family members (56 hours/week); anti-fraud measures; and a reduction in the uninsured motorist surcharge. The reform reduced auto insurance premiums but also reduced protections for seriously injured accident victims.

Under MCL 500.3145(1), a No-Fault insurer is only obligated to pay PIP benefits incurred within one year before the date the claim is filed. This means you can lose the right to recover expenses already paid if you wait too long to file your claim. Filing a timely claim is critical to preserving the full scope of your No-Fault benefits.

A process in which an insurance company hires a physician (who does not examine the patient) to review the injured person's medical records and render an opinion about whether treatment is medically necessary or causally related to the accident. Peer reviews are often used to deny or terminate No-Fault benefits. Unlike an IME, the peer reviewer never meets the patient.

One of two thresholds under MCL 500.3135 that allows a plaintiff to bring a tort claim against an at-fault driver. Permanent serious disfigurement covers significant, lasting changes to physical appearance - such as severe scarring - that are permanent and significant in degree.

The core component of Michigan No-Fault auto insurance, which pays for medical expenses, wage loss, replacement services, and other allowable expenses for people injured in motor vehicle accidents, regardless of fault. Following the 2019 reform, Michigan residents can choose their PIP coverage level, from unlimited to opt-out (for Medicare enrollees).

The order in which No-Fault insurers are responsible for paying PIP benefits when multiple insurers may have coverage. Under MCL 500.3114, priority generally runs: (1) insurer of the vehicle the injured person owned or occupied; (2) insurer of a spouse or resident relative; (3) insurer of the vehicle involved in the accident; (4) Michigan Assigned Claims Plan. The priority order is frequently disputed in complex cases involving multiple vehicles or uninsured claimants.

A mechanism established by MCL 500.3171 et seq. that ensures uninsured accident victims can still access No-Fault PIP benefits through an insurer assigned to their claim. The MACP provides a safety net for those who have no applicable No-Fault coverage. However, benefits under the MACP are limited to $250,000 per person.

Under MCL 500.3121, Michigan No-Fault requires coverage for damage your vehicle causes to tangible property (other than vehicles) in Michigan, up to $1 million per accident. PPI covers damage to buildings, fences, telephone poles, and other property.

Under MCL 500.3107(1)(c), No-Fault PIP pays up to $20 per day for replacement services - the cost of hiring someone to perform household tasks (cooking, cleaning, lawn care) that the injured person cannot perform due to their injuries. Benefits are available for up to 3 years from the date of the accident.

The mandatory bodily injury and property damage liability coverage required under Michigan No-Fault law (MCL 500.3101). This coverage pays for injuries and property damage caused to others in accidents where you are at fault. Michigan law requires minimum coverage of $250,000 per person/$500,000 per accident for bodily injury and $10,000 for property damage.

The legal threshold under MCL 500.3135 that an injured person must meet to sue an at-fault driver for pain and suffering damages. Under McCormick v. Carrier, 487 Mich 180 (2010), a serious impairment of body function requires: (1) an objectively manifested impairment - meaning it can be verified by medical evidence; (2) of an important body function; (3) that affects the person's general ability to lead their normal life.

This is the most litigated threshold in Michigan auto accident law. Defense attorneys frequently argue that injured plaintiffs have not met it. Read our full analysis of what it takes to meet this standard.

Under Michigan No-Fault law, surviving dependents of a person killed in a motor vehicle accident are entitled to survivor's loss benefits, including replacement of the deceased's contributions to the household (up to $20/day for replacement services) and survivor's loss benefits for wage loss and other support, for up to 3 years (MCL 500.3108).

A No-Fault policy that pays PIP medical benefits as the primary payer, before any health insurance. Uncoordinated policies cost more in premiums but are generally preferable for people without comprehensive health insurance or when the health insurer would have subrogation rights against the No-Fault recovery.

Contrast with: Coordination of Benefits

Under MCL 500.3107(1)(b), No-Fault PIP pays 85% of a claimant's after-tax wages lost due to accident injuries, up to a monthly maximum (adjusted annually), for up to 3 years from the date of the accident. Wage loss benefits require documentation of prior earnings and ongoing inability to work.

In Michigan, a first-party bad faith claim arises when an insurer unreasonably delays or denies payment of benefits owed under the insured's own policy. Michigan does not recognize an independent tort cause of action for first-party bad faith, but unreasonable delays can trigger penalty interest under MCL 500.3142 (12% per year for overdue No-Fault benefits) and attorney fees under MCL 500.3148.

A claim against a liability insurer for unreasonably failing to settle a claim within its policy limits when there was a reasonable opportunity to do so, exposing the insured to excess judgment liability. Michigan does recognize tort claims for third-party bad faith by insureds whose insurers failed to settle within limits.

Auto insurance coverage that pays for injuries to other people caused by the policyholder in an accident. Michigan requires minimum BI limits of $250,000 per person/$500,000 per accident. Inadequate BI limits on the at-fault driver's policy are a key reason injured victims need their own Underinsured Motorist (UIM) coverage.

An insurance company employee (or independent contractor) who evaluates insurance claims and makes decisions about coverage and payment. Adjusters work for the insurer, not the claimant. Their goal is to resolve claims at the lowest possible cost. Learn the tactics adjusters use to minimize your claim. An experienced attorney can counter an adjuster's tactics and advocate for full, fair compensation.

A disagreement between an insured and their insurance company over whether a particular claim is covered under the policy. Coverage disputes require careful analysis of the policy language and Michigan insurance law.

A lawsuit seeking a court ruling on the rights and obligations of parties under a contract or statute, without necessarily seeking monetary damages. In insurance law, declaratory judgment actions are used to resolve coverage disputes - for example, whether a particular accident is covered under a policy.

The amount the insured must pay out of pocket before insurance coverage kicks in. For example, a $1,000 deductible on collision coverage means the insurer only pays for vehicle damage exceeding $1,000. Deductibles do not typically apply to liability claims made by injured third parties.

A court judgment against an insured defendant that exceeds the limits of their liability insurance policy. When an insurer fails to settle a claim within policy limits when it had the opportunity to do so, it may be liable for the entire excess judgment under Michigan's third-party bad faith doctrine.

A contract between an insured and an insurer specifying the coverage provided, the premium charged, the limits of coverage, and the exclusions that apply. Policy language governs the rights and obligations of both parties. Courts interpret ambiguous policy language in favor of the insured.

A document signed by an attorney and sent to a medical provider, promising to pay the provider's bills from the proceeds of any settlement or judgment in the client's personal injury case. LOPs allow injured persons without insurance to receive necessary medical treatment. They create a lien against the client's recovery.

Insurance that pays for injuries or property damage the policyholder causes to others. All Michigan drivers are required to carry residual bodily injury liability coverage and property damage liability coverage.

The maximum amount an insurance company is required to pay under a given policy for a covered claim. Policy limits are a critical factor in evaluating any injury claim. When the at-fault party's limits are low, the injured person's own UM/UIM coverage may be the primary source of full compensation.

The amount paid periodically (monthly, semi-annually, or annually) by the insured in exchange for insurance coverage.

A notice from an insurance company to its insured that it is investigating a claim but reserving the right to deny coverage later based on a specific policy provision or exclusion. A reservation of rights letter signals a potential coverage dispute and is often a precursor to a denial.

A settlement in which the plaintiff receives compensation in a series of periodic payments over time rather than in a single lump sum. Structured settlements may offer tax advantages and can provide long-term financial security, but they can also limit flexibility. Structured settlement terms must be carefully negotiated with advice of counsel.

Optional (but strongly recommended) Michigan auto insurance coverage that pays for injuries the policyholder sustains when the at-fault driver's liability insurance is insufficient. Read our full guide on Michigan UM/UIM claims to understand how this coverage can close the gap. For example, if the at-fault driver has $50,000 in liability coverage but the injured person suffers $200,000 in damages, UIM coverage pays the gap (subject to the UIM policy limits).

Optional Michigan auto insurance coverage that pays for injuries sustained by the policyholder when struck by a driver who has no insurance at all. Michigan has a high rate of uninsured drivers, making UM coverage essential protection. Learn how Michigan UM claims work.

The primary federal law that creates a cause of action for individuals whose constitutional rights have been violated by a person acting under "color of state law." Learn how § 1983 works in Michigan civil rights cases. Section 1983 is the vehicle for most federal civil rights lawsuits against police officers, municipalities, county jails, and state government employees. It does not itself create rights; instead, it provides a remedy for violations of rights established elsewhere in the Constitution and federal law. (42 U.S.C. § 1983)

Federal civil rights law (42 U.S.C. § 12101 et seq.) that prohibits discrimination against persons with disabilities in employment (Title I), public services (Title II), and public accommodations (Title III). Title II ADA claims against Michigan state and local government agencies are an important tool for people who have been denied services or access due to disability.

A constitutional tort claim against a federal official (not a state official) for violating the plaintiff's federal constitutional rights. Named after Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). The Supreme Court has significantly narrowed the availability of Bivens claims in recent years.

Acting with the power, authority, or apparent authority of a government official. To bring a § 1983 claim, the defendant must have acted "under color of state law." Police officers, prison guards, public school officials, and other government employees act under color of law when they perform their official duties - even when they abuse their authority.

For a municipality to be liable under § 1983, the plaintiff must show that a constitutional violation resulted from an official government policy, a widespread custom (even if not formally written), or a practice so persistent that it constitutes de facto policy. A single act by a low-level employee is generally insufficient unless the employee was a final policymaker.

A legal standard of culpability in civil rights cases in which a government official was subjectively aware of a substantial risk of serious harm and consciously disregarded it. Deliberate indifference is required to establish municipal liability under Monell for failure to train claims, and is also the standard in medical care denial claims by prisoners under the Eighth Amendment.

The constitutional guarantee (14th Amendment) that the government cannot deprive a person of life, liberty, or property without providing fair notice and a meaningful opportunity to be heard. Procedural due process claims arise when the government takes action against a person without following required procedures - such as firing a government employee without a hearing.

The constitutional guarantee that even with proper procedures, the government cannot take certain actions that are fundamentally unfair or arbitrary. Substantive due process protects certain fundamental rights - including bodily integrity, family relationships, and privacy - from government interference regardless of the procedures used.

Michigan's primary civil rights statute (MCL 37.2101 et seq.), which prohibits discrimination based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status in employment, housing, education, and public accommodation. The ELCRA provides broader protections than many federal civil rights laws and allows claims to be filed in Michigan state court. Learn about Michigan civil rights claims.

The constitutional guarantee (14th Amendment) that the government must treat similarly situated individuals equally under the law. Equal protection claims arise when the government makes a classification based on race, sex, national origin, or another protected characteristic without sufficient justification.

The use by law enforcement of more physical force than is reasonably necessary under the circumstances to accomplish a legitimate law enforcement objective. Excessive force claims are brought under the Fourth Amendment's protection against unreasonable seizures. The standard is objective reasonableness from the perspective of a reasonable officer on the scene. Our attorneys have recovered a $4.91 million verdict in a Michigan police misconduct case.

A theory of municipal liability under Monell, holding a municipality responsible for a § 1983 violation when its failure to adequately train employees caused the violation, and the failure amounts to deliberate indifference to the constitutional rights of persons with whom those employees would come in contact. Establishing failure to train liability requires evidence of a pattern of similar violations or a showing that the need for training was so obvious that the failure to train constitutes deliberate indifference.

The unlawful detention of a person without legal justification. In the context of law enforcement, a false arrest claim arises when a police officer arrests someone without probable cause. False arrest is a violation of the Fourth Amendment and grounds for a § 1983 lawsuit.

The intentional confinement of a person within fixed boundaries without legal justification and without their consent. False imprisonment can be a standalone state tort claim as well as the basis for a § 1983 constitutional violation.

A § 1983 claim arising when a government official retaliates against a person for exercising their First Amendment rights - such as free speech, peaceful assembly, or the right to petition the government. For example, a police officer who arrests a person for filming an arrest in a public place, or a government employer who fires an employee for protected speech, may be liable for First Amendment retaliation.

The constitutional amendment protecting against unreasonable searches and seizures by the government. Most police misconduct claims - excessive force, false arrest, unlawful search - are brought under the Fourth Amendment. The Fourth Amendment's "reasonableness" standard governs the entire interaction between police and citizen from initial stop through arrest and use of force.

The landmark 1989 U.S. Supreme Court decision (490 U.S. 386) establishing that all excessive force claims against law enforcement are analyzed under the Fourth Amendment's "objective reasonableness" standard, not under substantive due process. The relevant factors include the severity of the crime, whether the suspect posed an immediate threat, and whether the suspect was resisting or attempting to flee.

A civil claim arising from the initiation of a criminal proceeding against a person without probable cause, for an improper purpose, with the proceeding ultimately terminated in favor of the accused. A § 1983 malicious prosecution claim requires the same elements, plus proof of a constitutional violation (typically a Fourth Amendment violation through post-arraignment deprivation of liberty).

Michigan civil rights statute (MCL 37.1101 et seq.) prohibiting discrimination against persons with disabilities in employment, housing, public service, and public accommodation. The PWDCRA provides state-level remedies in addition to federal ADA protections.

A civil rights claim against a municipality or local government entity under Monell v. Department of Social Services, 436 U.S. 658 (1978). Read our breakdown of § 1983 vs. Monell claims in Michigan. Unlike individual government employees, municipalities cannot be held vicariously liable under § 1983; instead, the plaintiff must prove that the constitutional violation resulted from an official policy, widespread custom, or deliberate failure to train. Successfully establishing Monell liability is challenging and requires sophisticated legal strategy.

The legal standard required for a law enforcement officer to make an arrest, conduct a search, or obtain a warrant. Probable cause exists when the facts and circumstances would lead a reasonable person to believe that a crime has been committed and that the person to be arrested committed it, or that evidence of a crime will be found in the place to be searched. An arrest without probable cause violates the Fourth Amendment.

A legal doctrine that shields government officials, including police officers, from personal liability in § 1983 lawsuits unless they violated a "clearly established" constitutional right that a reasonable official would have known. Qualified immunity is one of the most significant barriers to accountability in civil rights cases. To overcome it, the plaintiff must show that prior case law placed the unlawfulness of the officer's conduct "beyond debate." Qualified immunity has been widely criticized for making it nearly impossible to hold officers accountable for even egregious constitutional violations. See how our attorneys navigate qualified immunity in Michigan civil rights cases.

Federal statute (29 U.S.C. § 794) prohibiting discrimination against qualified individuals with disabilities by any program or activity receiving federal financial assistance. Section 504 applies to public schools, public hospitals, and any other federally funded entity.

Federal law (20 U.S.C. § 1681) prohibiting sex-based discrimination in any educational program or activity receiving federal financial assistance. Title IX is commonly invoked in school sexual assault and harassment cases, as well as gender equity claims involving student athletes.

Federal law (42 U.S.C. § 2000e et seq.) prohibiting employment discrimination based on race, color, religion, sex, or national origin. Title VII applies to employers with 15 or more employees. Michigan's Elliott-Larsen Civil Rights Act provides parallel state-law protections with some additional protected categories.

Termination of employment that violates state or federal law - including civil rights statutes, public policy, or an employment contract. In Michigan, which is an at-will employment state, employers can generally fire employees for any reason or no reason, but cannot fire employees for discriminatory reasons or in retaliation for protected activity.

The general rule in Michigan that governmental agencies (state and local governments, and their employees acting within the scope of their employment) are immune from tort liability. This immunity is established by Michigan's Governmental Tort Liability Act (GTLA), MCL 691.1401 et seq. Governmental immunity is a significant barrier to injury claims against police agencies, municipalities, school districts, MDOT, and other public bodies. Read our full guide to Michigan governmental immunity exceptions.

The Michigan statute (MCL 691.1401 et seq.) that codifies the general rule of governmental immunity while also establishing specific exceptions. Understanding which exception applies is essential to any claim against a government entity in Michigan.

Under MCL 691.1407(2), individual government employees (not the governmental agency itself) can be held personally liable for injuries when their conduct constitutes "gross negligence" - conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. The employee must also have been acting outside the scope of their authority or with malicious intent. This exception allows injured persons to sue police officers, public school employees, and other government workers in appropriate cases.

Under MCL 691.1402, a governmental agency can be held liable for injuries caused by failure to maintain a public highway in "reasonable repair." The government is required to keep roadways reasonably safe for public travel. Claims under this exception must comply with a strict 120-day written notice requirement under MCL 691.1404.

Under MCL 691.1405, a governmental agency can be held liable for injuries resulting from the "negligent operation of a governmental motor vehicle" by a government employee acting within the scope of their authority. This exception applies to police vehicle accidents, government vehicle crashes, and similar incidents. However, pursuit-related crashes are subject to additional standards.

Under MCL 691.1404, a person intending to sue a governmental agency for a highway defect must serve written notice on the governmental entity within 120 days of the injury. The notice must include the location and nature of the defect, date of the injury, and the claimant's name and address. Failure to provide timely notice is grounds for dismissal of the claim.

Under MCL 691.1406, a governmental agency can be held liable for injuries caused by a dangerous or defective condition in a public building, when the agency had actual or constructive knowledge of the defect. This exception covers courthouses, schools, government offices, public parks facilities, and other public buildings.

The baseline for calculating workers' compensation wage loss benefits. AWW is generally calculated by averaging the employee's weekly earnings over the 52 weeks prior to the injury (MCL 418.361). Correct calculation of AWW is often disputed and can significantly affect the amount of weekly benefits.

The coordination of workers' compensation benefits with other disability benefits (such as Social Security disability or pension benefits) to prevent double recovery. Michigan's Workers' Disability Compensation Act allows for benefit coordination in certain circumstances.

Under Michigan's Workers' Disability Compensation Act (WDCA), MCL 418.301, a worker is "disabled" if they have a limitation in their wage-earning capacity caused by a work-related injury or disease. Disability can be total (unable to perform any work) or partial (able to perform some but not all prior work).

In some circumstances, an injured worker can sue their employer in a third-party tort action (rather than through workers' compensation) - for example, when the employer's intentional misconduct caused the injury, or when the worker is a statutory employee rather than a direct employee. The interplay between workers' compensation and tort liability requires careful analysis.

A worker who is self-employed and not entitled to workers' compensation as an employee. Misclassification of employees as independent contractors to avoid workers' compensation obligations is a significant legal issue. Michigan courts look beyond job titles to the actual working relationship to determine whether a person is an employee or independent contractor.

The point at which a workers' compensation claimant's medical condition has stabilized and is unlikely to significantly improve with further treatment. Reaching MMI is often a trigger for reassessing benefit levels and can be the basis for an insurer seeking to reduce or terminate benefits.

A lump-sum settlement of all future workers' compensation benefits. In Michigan, redemption agreements must be approved by a magistrate and meet specific legal requirements. Once a redemption is approved, the worker typically gives up all future workers' compensation claims arising from that injury in exchange for the agreed lump sum.

Benefits payable under MCL 418.361(2) for the permanent loss of a specific body part or function - such as loss of an arm, leg, hand, foot, or vision in one eye - regardless of the impact on wage-earning capacity. Specific loss benefits are paid in addition to any wage loss benefits.

A Michigan fund (MCL 418.521 et seq.) that provides additional compensation in cases where a subsequent work injury combines with a pre-existing disability to create a greater disability than the second injury alone would have caused. The Second Injury Fund reduces the burden on employers for compensating disabled workers with prior conditions.

Michigan's primary workers' compensation statute (MCL 418.101 et seq.), which governs the rights and obligations of employers, employees, and insurers in work-related injury and disease cases. The WDCA provides the exclusive remedy against an employer for work-related injuries, meaning an injured worker generally cannot sue their employer in tort for ordinary workplace negligence.

Under Michigan's Wrongful Death Act (MCL 600.2922), damages recovered in a wrongful death claim are distributed to the deceased's surviving spouse, children, descendants, parents, grandparents, and siblings - in the order of priority established by law. Adult children with no financial dependency on the deceased can still recover for their grief, loss of companionship, and mental anguish.

Michigan's Wrongful Death Act (MCL 600.2922) allows recovery for the deceased's pain and suffering before death; reasonable medical, funeral, and burial expenses; loss of financial support; loss of services; and the survivors' grief, mental anguish, loss of society, companionship, comfort, guidance, and affection.

MCL 600.2922, which allows the personal representative of a deceased person's estate to bring a lawsuit on behalf of surviving family members when the death was caused by another's wrongful act, neglect, or fault. The wrongful death action must be filed within 3 years of the date of death (MCL 600.5805(2)). Learn about Michigan wrongful death claims.

The individual appointed by a probate court to administer a deceased person's estate. In a Michigan wrongful death case, the personal representative has the legal authority to file and prosecute the lawsuit on behalf of the estate and the beneficiaries.

A claim that the deceased person could have brought if they had lived, which "survives" their death and can be prosecuted by the estate. In Michigan, survival claims for pain and suffering prior to death, medical expenses, and economic losses can be combined with a wrongful death claim.

Michigan places a statutory cap on non-economic damages in medical malpractice cases under MCL 600.1483. The cap is periodically adjusted for inflation. Standard cases are subject to a lower cap; cases involving permanent loss of a vital bodily function, serious disfigurement, or other severe categories are subject to a higher cap.

The rule that a plaintiff's damages should not be reduced because the plaintiff received compensation for their injuries from a source independent of the defendant - such as health insurance, disability insurance, or gifts. Michigan has modified the collateral source rule in some contexts through MCL 600.6303, allowing defendants to reduce their liability by amounts paid by certain collateral sources.

Damages representing actual, calculable financial losses - including past and future medical expenses, past and future wage loss, replacement services, funeral expenses, and property damage. Economic damages are calculated with reference to documented financial records and expert testimony.

Contrast with: Non-Economic Damages

Damages available in Michigan state court for intentional or malicious conduct - similar in purpose to punitive damages but grounded in compensating the plaintiff for the mental anguish and humiliation caused by the defendant's conduct. Unlike punitive damages, Michigan exemplary damages must bear some relationship to the plaintiff's actual harm.

Compensation for losses the plaintiff will continue to suffer in the future as a result of the defendant's conduct - including future medical care, future wage loss, future pain and suffering, and future loss of earning capacity. Expert testimony from economists and life care planners is typically required to establish the present value of future damages.

Damages for the loss of enjoyment of life - the diminished ability to participate in recreational activities, hobbies, and life pleasures due to injuries. Michigan courts allow hedonic damages as a component of non-economic damages in personal injury cases.

Damages claimed by a spouse or close family member for the loss of companionship, love, affection, and support caused by the defendant's harm to their family member. In Michigan, loss of consortium claims are derivative - meaning they depend on the underlying injured party's claim being viable.

Damages for non-financial losses - primarily pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, and loss of consortium. Non-economic damages are difficult to quantify but can be the most significant component of a personal injury verdict. Michigan has caps on non-economic damages in medical malpractice cases (MCL 600.1483) and in some No-Fault third-party claims.

Contrast with: Economic Damages

The physical pain, discomfort, mental anguish, and emotional distress experienced by an injured person as a result of the defendant's conduct. Pain and suffering is the most significant non-economic damage in most personal injury cases and is evaluated subjectively based on the nature, severity, and duration of the plaintiff's injuries.

The current worth of a future stream of payments, discounted for the time value of money. Future economic damages (wage loss, medical expenses) must typically be reduced to present value, requiring expert testimony from an economist or financial expert.

Evidence that meets the legal requirements for presentation at trial under the Michigan Rules of Evidence (MRE). Admissibility depends on relevance (MRE 401), the absence of unfair prejudice (MRE 403), compliance with hearsay rules (MRE 801-807), and other requirements.

A written statement of facts made voluntarily and confirmed by the oath or affirmation of the person making it (the affiant), before a notary public or other authorized officer. Affidavits are used to support motions, establish facts without live testimony, and in some cases to satisfy statutory requirements (e.g., the affidavit of merit in medical malpractice cases).

In Michigan medical malpractice cases, the plaintiff must file a signed affidavit from a qualified medical expert at the time the complaint is filed (MCL 600.2912d). The affidavit must state that the expert has reviewed the applicable records, is familiar with the applicable standard of care, and believes there is a reasonable probability that the defendant breached that standard and caused the plaintiff's injury. Failure to file a proper affidavit is grounds for dismissal.

The documented, chronological sequence of persons who had custody of physical evidence from the time it was collected through trial. Maintaining an unbroken chain of custody is essential for physical evidence - including surveillance video, vehicle black box data, medical devices, and drug evidence - to be admissible at trial.

Evidence of a person's general character traits, offered to show that they acted consistently with those traits on a particular occasion. Under MRE 404, character evidence is generally not admissible in civil cases to prove conduct, with narrow exceptions.

Evidence that requires drawing an inference to connect it to a conclusion of fact. Circumstantial evidence can be just as powerful as direct evidence. Most civil cases are built on circumstantial evidence combined with direct evidence.

The standard for admissibility of expert testimony in federal courts under FRE 702 (and applicable through MRE 702 in some Michigan courts), requiring that expert testimony be based on sufficient facts, derived from reliable methodology, and reliably applied to the facts of the case. Trial judges serve as "gatekeepers" to prevent unreliable expert testimony from reaching the jury.

Evidence that directly establishes a fact without requiring an inference - such as eyewitness testimony, a video recording of an incident, or a written confession.

The identification, preservation, collection, and production of electronically stored information (ESI) - including emails, text messages, social media posts, surveillance video, GPS data, and electronic health records - in litigation. Failure to preserve relevant ESI can result in sanctions, adverse inference instructions, or other serious consequences.

An out-of-court statement made by a person other than the witness testifying, offered to prove the truth of the matter asserted. Hearsay is generally inadmissible under MRE 802, but there are numerous exceptions under MRE 803 and 804 - including excited utterances, present sense impressions, business records, and statements against interest.

A legal protection that prevents compelled disclosure of certain communications. The attorney-client privilege protects confidential communications between an attorney and their client. The work-product doctrine protects materials prepared by an attorney in anticipation of litigation. Medical privilege protects confidential patient-physician communications in some circumstances.

The destruction, concealment, or significant alteration of evidence relevant to litigation. When a party destroys relevant evidence, the court may instruct the jury to infer that the destroyed evidence was unfavorable to the party that destroyed it (an adverse inference instruction). In egregious cases, the court may sanction the spoliating party by striking their defenses or entering a default judgment.

Michigan's busiest district court, located in Detroit (Wayne County). Hears misdemeanor criminal cases, civil cases up to $25,000, and small claims cases. One of the courts where No-Fault PIP disputes are sometimes litigated.

Michigan's trial court of general jurisdiction, organized by county. Circuit courts handle major civil cases (over $25,000), felony criminal cases, family law matters, and probate. Most personal injury, civil rights, and wrongful death lawsuits are filed in the circuit court of the county where the incident occurred. Oakland, Wayne, Macomb, and Kent County Circuit Courts are among the most frequently used in the state.

Michigan's lower-level trial court, handling civil cases up to $25,000, misdemeanor criminal cases, and small claims cases (up to $6,500). Each county has one or more district courts.

Michigan has two federal districts: - Eastern District of Michigan (Detroit): Covers southeastern Michigan, including Wayne, Oakland, Macomb, Washtenaw, and other counties. - Western District of Michigan (Grand Rapids): Covers western and northern Michigan.

Federal district courts hear cases involving federal law (including § 1983 civil rights claims) and diversity jurisdiction cases.

Michigan's intermediate appellate court. Hears appeals from circuit courts, district courts, probate courts, and most administrative agency decisions. Decisions are typically issued by panels of three judges. Published decisions are binding on all Michigan trial courts.

Michigan's highest court. Seven elected justices. Discretionary jurisdiction over most cases - meaning the court chooses which cases to hear. Michigan Supreme Court decisions are binding on all lower Michigan courts. The court issues decisions on significant legal questions of Michigan law.

Michigan court with jurisdiction over wills, estates, guardianships, conservatorships, and mental health proceedings. In wrongful death cases, the personal representative of the deceased's estate is appointed in probate court before the wrongful death lawsuit can be filed.

The federal appellate court for cases from Michigan, Ohio, Kentucky, and Tennessee. The Sixth Circuit hears appeals from the Eastern and Western Districts of Michigan. Its civil rights decisions are binding on all federal courts in Michigan.

A division of Michigan district court for disputes up to $6,500. Parties represent themselves; attorneys are generally not permitted. Informal procedures. Not appropriate for serious injury claims.