Damages

C Cap on Non-Economic Damages Link

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.

C Collateral Source Rule Link

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.

E Economic Damages Link

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

E Exemplary Damages Link

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.

See also

• Punitive Damages

F Future Damages Link

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.

G General Damages Link

See: Non-Economic Damages

H Hedonic Damages Link

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.

L Loss of Consortium Link

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.

N Non-Economic Damages Link

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

P Pain and Suffering Link

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.

P Present Value Link

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.

S Special Damages Link

See: Economic Damages

This glossary is provided for general informational purposes only and does not constitute legal advice. Reading this glossary does not create an attorney-client relationship. Laws change and Michigan statutes may be amended after the date this glossary was last updated. Always consult a licensed Michigan attorney for legal advice specific to your situation.