Michigan Legal Statutes
Reference Guide
A comprehensive index of Michigan Compiled Laws (MCL) used in personal injury and police brutality cases — with plain-language explanations written for real people, not law school professors. Each statute is explained by the attorneys who use it in court every day.
These statutes from the Michigan Compiled Laws govern personal injury litigation — from the time limits on filing your case to the rules for calculating and capping damages. We also summarize key federal motor carrier (FMCSA / 49 CFR) rules used in truck crash cases. Click any entry to see a plain-language explanation of how it applies to your case.
Statutes of Limitations
12 statutes"A person shall not commence an action alleging medical malpractice against a health professional or health facility unless the person has given the health professional or health facility written notice under this section not less than 182 days before the action is commenced."Read Full Statute
Before filing a medical malpractice lawsuit in Michigan, a claimant generally must send a formal Notice of Intent (NOI) to each health professional or health facility that is the subject of the claim and wait 182 days. The statute also includes a shorter 91-day notice period in limited newly identified defendant situations.
If you skip the NOI or file suit before the 182 days expire, your case can be dismissed. This is one of the most common ways malpractice claims are lost before they even start.
We draft and serve compliant NOIs immediately upon intake so no time is wasted and the clock is managed correctly from day one.
"Whenever the death of a person, injuries resulting in death, or death as described in section 2922a shall be caused by wrongful act, neglect, or fault of another... the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages." Every action under this section is brought by the personal representative, and eligible claimants and distribution are governed by MCL 600.2922.Read Full Statute
Michigan's Wrongful Death Act allows the personal representative of the estate to bring a civil lawsuit when a person is killed by someone else's negligence or wrongful act. The law defines who may claim damages, what damages are available, and how the court distributes any recovery.
If you lost a family member due to negligence, this statute is the legal foundation of your claim. It allows recovery for loss of financial support and contributions, loss of society and companionship, medical and funeral expenses, and conscious pain and suffering before death.
We have obtained some of Michigan's largest wrongful death verdicts under this statute, including a $5,000,000 verdict in a semi-truck wrongful death case.
"A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section."Read Full Statute
This is Michigan's primary limitations statute for injury, death, and property-damage claims. The general period is 3 years after the death or injury, but the statute contains shorter and longer claim-specific periods for malpractice, assault and battery, malicious prosecution, libel and slander, criminal sexual conduct, products liability, and other claims.
If you wait too long to hire a lawyer, your case may be permanently barred — no matter how strong your evidence is. The applicable deadline depends on the claim type, accrual rule, tolling rules, and any special notice requirements.
We immediately calendar all limitation deadlines on intake and aggressively investigate before they expire.
"All other personal actions shall be commenced within the period of 6 years after the claims accrue and not afterwards unless a different period is stated in the statutes."Read Full Statute
For personal actions that do not have a different limitations period stated elsewhere, Michigan uses a 6-year catch-all period. It is a backstop, not the first rule for ordinary injury claims that are covered by more specific statutes.
Rarely relied on in standard injury cases, but important for unusual claims where no more specific limitation period applies.
Used as a fallback argument when insurance companies challenge the timeliness of an unusual claim.
"Except as otherwise provided, the period of limitations runs from the time the claim accrues. The claim accrues at the time provided in sections 5829 to 5838, and in cases not covered by these sections, at the time the wrong upon which the claim is based was done regardless of the time when damage results."Read Full Statute
This statute defines when a legal claim 'accrues' — meaning when the statute of limitations clock starts ticking. In most cases, the claim accrues on the date the wrong was done, not when the victim discovered it.
This rule can be pivotal when the defense argues the claim accrued earlier than the client realizes. Discovery-based arguments usually require a more specific statute or doctrine, so the exact accrual statute matters.
We use accrual arguments strategically to preserve claims that insurers argue are time-barred.
"Except as otherwise provided in section 5838a or 5838b, a claim based on the malpractice of a person who is, or holds himself or herself out to be, a member of a state licensed profession accrues at the time that person discontinues serving the plaintiff... as to the matters out of which the claim for malpractice arose." An action may be commenced within the applicable limitation period or within 6 months after discovery, whichever is later, subject to the statutory burden of proof.Read Full Statute
For non-medical professional malpractice claims covered by this section, the claim generally accrues when the professional discontinues serving the plaintiff in the matter out of which the malpractice claim arose. The statute also allows a 6-month discovery period in qualifying cases, subject to the plaintiff's burden of proof.
This statute matters when a professional-services negligence claim turns on when the professional relationship ended and when the client discovered, or should have discovered, the claim.
We identify the correct professional-service endpoint and evaluate whether the 6-month discovery period preserves a malpractice claim that the defense argues is late.
"A claim based on the medical malpractice... accrues at the time of the act or omission that is the basis for the claim of medical malpractice, regardless of the time the plaintiff discovers or otherwise has knowledge of the claim." Medical-malpractice actions may use the applicable limitation period or a 6-month discovery period, but generally may not be commenced later than 6 years after the act or omission, subject to statutory exceptions.Read Full Statute
Medical malpractice claims generally accrue at the time of the act or omission that is the basis for the claim, regardless of when the plaintiff discovers it. The claim may use the applicable limitation period or a 6-month discovery period, but is generally barred more than 6 years after the act or omission, subject to statutory exceptions.
If your injury was caused by a medical error years ago, the 6-month discovery rule, the 6-year repose period, minor-specific rules, reproductive-injury rules, and fraudulent-concealment rules all may need review before anyone can safely calculate the deadline.
We evaluate every malpractice case immediately for repose issues to avoid losing viable claims.
"A person shall not maintain an action to recover damages... arising out of the defective or unsafe condition of an improvement to real property... unless the action is commenced" within 6 years after occupancy, use, or acceptance of the improvement, or within 1 year after discovery for qualifying gross-negligence defects, but not more than 10 years after occupancy, use, or acceptance.Read Full Statute
Claims against architects, engineers, and contractors for defective or unsafe improvements to real property generally must be brought within 6 years after occupancy, use, or acceptance of the improvement. For qualifying gross-negligence defects, there is a 1-year discovery period, but no more than 10 years after occupancy, use, or acceptance.
Relevant in premises liability, construction defect, and construction accident cases where the defect was built into the structure long ago. The 10-year period is an outside cap for the gross-negligence discovery path, not the ordinary deadline.
Analyzed in slip and fall and construction defect cases to determine whether the property owner has a repose defense.
"Except as otherwise provided in subsections (7) and (8), if the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed... to make the entry or bring the action although the period of limitations has run." Medical-malpractice claims involving minors have separate age-based rules in subsections (7) and (8).Read Full Statute
If the person entitled to sue is under 18 or legally insane when the claim accrues, Michigan generally gives 1 year after the disability is removed to bring the action even if the ordinary limitations period has run. The disability must exist when the claim accrues, and medical malpractice claims involving minors have separate age-based rules.
A child's claim may have extra time, but the deadline is not simply '3 years after turning 18.' The exact date depends on the underlying claim, when the claim accrued, whether the ordinary period has already run, and the special malpractice rules for children.
We use tolling to protect children's claims when parents delay in seeking legal help.
"If a person dies before the period of limitations has run or within 30 days after the period of limitations has run, an action that survives by law may be commenced by the personal representative of the deceased person at any time within 2 years after letters of authority are issued although the period of limitations has run." The action may not be commenced later than 3 years after the original limitations period has run.Read Full Statute
If a person dies before the original limitations period runs, or within 30 days after it runs, the personal representative may have 2 years after letters of authority are issued to commence a surviving action, even though the original period has run. The statute also has an outside limit: the action cannot be commenced later than 3 years after the original limitations period has run.
This provision can protect families when death occurs near the end of the original limitations period, but it is technical. Probate timing, the underlying claim type, the first letters of authority in malpractice cases, and the outside 3-year cap all matter.
Applied in cases where the injured person dies before the claim is filed or near the end of the original limitations period.
"If a person who is or may be liable for any claim fraudulently conceals the existence of the claim or the identity of any person who is liable for the claim from the knowledge of the person entitled to sue on the claim, the action may be commenced at any time within 2 years after the person who is entitled to bring the action discovers, or should have discovered, the existence of the claim or the identity of the person who is liable for the claim, although the action would otherwise be barred by the period of limitations."Read Full Statute
If a defendant fraudulently concealed the cause of action, the statute of limitations is tolled until the plaintiff discovers or should have discovered the fraud. The plaintiff then has 2 years from that discovery.
Critical in cases where a company, employer, or government agency hid evidence of wrongdoing. The clock didn't run while they were hiding the truth.
Used in cases involving employer cover-ups, destruction of evidence, or deliberate misrepresentation of injury causes.
"The statutes of limitations or repose are tolled" when the complaint is filed and the summons and complaint are served within the time set by the supreme court rules, when jurisdiction over the defendant is otherwise acquired, or when medical-malpractice notice is given under section 2912b if the claim would otherwise be barred during that notice period.Read Full Statute
The limitations or repose period may be tolled when the complaint is filed and the summons and complaint are served within the time set by the Michigan Supreme Court rules, when jurisdiction over the defendant is otherwise acquired, or when medical-malpractice notice is given under MCL 600.2912b and the claim would otherwise be barred during the notice period.
This statute can preserve a claim in specific filing, service, jurisdiction, and medical-malpractice NOI situations. It does not create a broad tolling rule for every delay, and service timing must be checked carefully.
We analyze all tolling provisions before accepting or declining any case with potential limitations issues.
General Negligence & Liability
10 statutes"Except as provided in subdivision (b), in actions based on libel or slander the plaintiff is entitled to recover only for the actual damages which he or she has suffered in respect to his or her property, business, trade, profession, occupation, or feelings." Exemplary and punitive damages in libel actions are tied to the statute's retraction-notice requirements.Read Full Statute
Governs Michigan libel and slander claims, including actual-damages rules, retraction requirements for exemplary or punitive damages in libel actions, truth/justification issues, mitigation, fair-report privilege, and contribution for libel judgments.
Relevant in employment and civil rights cases where an employer, officer, or other defendant made false statements that harmed a plaintiff's reputation, job, business, profession, or personal interests.
Referenced in employment law and civil rights cases involving reputational harm.
"A civil action for malpractice may be maintained against any person professing or holding himself out to be a member of a state licensed profession." The statute also provides that common-law malpractice rules apply to a person who holds himself or herself out as a member of a state licensed profession.Read Full Statute
Allows a malpractice civil action against a person who professes or holds himself or herself out as a member of a state licensed profession, and applies common-law malpractice rules to that claim.
Relevant when a claim is based on negligent professional services by a licensed professional. Medical malpractice has additional statutes, notice rules, expert rules, and timing rules that must be analyzed separately.
Applied in medical malpractice and professional liability cases throughout the firm's history.
"'Product liability action' means an action based on a legal or equitable theory of liability brought for the death of a person or for injury to a person or damage to property caused by or resulting from the production of a product."Read Full Statute
Defines key terms for Michigan product liability law, including 'product,' 'manufacturer,' 'seller,' and 'harm.' These definitions determine who can be sued and for what.
Critical in any case involving a defective product — from a defective car component to a dangerous medication.
Used to identify all potentially liable parties in defective product injury cases.
"In a product liability action brought against a manufacturer or seller for harm allegedly caused by a production defect, the manufacturer or seller is not liable unless the plaintiff establishes that the product was not reasonably safe" when it left the manufacturer's or seller's control and that a practical, technically feasible alternative production practice was available. The statute also creates a rebuttable presumption of nonliability for relevant federal or state standards compliance or approval.Read Full Statute
Sets key proof and evidence rules for Michigan product liability cases, including production-defect proof, feasible alternative production practices, limits on later-learned safety evidence, and a rebuttable presumption of nonliability when the relevant product aspect complied with or was approved under applicable federal or state safety standards.
Manufacturers and sellers often rely on regulatory-compliance and feasible-alternative-practice arguments. The statute can make product cases heavily dependent on expert proof and careful analysis of the specific defect theory.
We use product engineers, safety experts, and regulatory records to evaluate whether the product was reasonably safe, whether a feasible alternative existed, and whether any compliance presumption can be rebutted.
"In an action for a product liability claim, the total amount of damages for noneconomic loss shall not exceed the following amounts, as adjusted annually for inflation... [see current statutory amounts]."Read Full Statute
Michigan limits noneconomic damages in product liability cases. The base statute sets standard and higher-cap amounts and requires the State Treasurer to adjust them so they stay equal to the caps in MCL 600.1483. The limitation does not apply in certain gross-negligence or statutory-exception situations.
Your attorney must know this cap exists, whether the higher cap or an exception may apply, and how the current adjusted numbers affect settlement and trial value.
We document every element of economic damages — lost wages, medical bills, future care — to maximize recovery when the noneconomic cap applies.
A manufacturer or seller is not liable for harm caused by an alteration or misuse of a product unless the alteration or misuse was reasonably foreseeable. The statute also addresses voluntary exposure to known unreasonable risk, sophisticated users, inherent product characteristics, and when a nonmanufacturer seller may be liable.Read Full Statute
Manufacturers and sellers have statutory defenses when harm was caused by product alteration, product misuse, voluntary exposure to a known unreasonable risk, sophisticated-user warning issues, inherent product characteristics, or when the defendant is a nonmanufacturer seller that did not independently breach a duty or express warranty.
Defendants commonly argue misuse, alteration, known risk, or seller immunity. These defenses can defeat liability unless the facts show foreseeability, independent seller fault, warranty failure, or another path around the defense.
We retain product engineers and safety experts to reconstruct product use, identify foreseeable misuse or alteration issues, and determine whether a seller or manufacturer remains liable.
"In an action for the death of a person or for injury to a person or property, a scientific opinion rendered by an otherwise qualified expert is not admissible unless the court determines that the opinion is reliable and will assist the trier of fact." The court examines the opinion, its basis, methodology, testing, peer review, error rate, general acceptance, and other statutory reliability factors.Read Full Statute
Michigan courts screen scientific expert opinions in injury and property-damage cases for reliability and usefulness to the jury. The statute lists factors such as testing, peer review, standards, error rate, general acceptance, reliable basis, and whether the methodology is used outside litigation.
Expert witnesses are required in most serious injury and malpractice cases. The admissibility of your expert's opinion can make or break your case.
We work with credentialed, trial-tested experts whose methodologies are specifically selected to survive Daubert challenges.
"Sections 2956 to 2960 do not eliminate or diminish a defense or immunity that currently exists, except as expressly provided in those sections." Assessments of fault against nonparties are used to determine the fault of named parties and do not subject the nonparty to liability in that action.Read Full Statute
This subsection says Michigan's comparative-fault statutes do not eliminate or diminish existing defenses or immunities unless the statutes expressly say so. It also explains that nonparty fault assessments allocate fault among named parties but do not impose liability on the nonparty in that action.
In negligence cases, defendants may still assert common-law defenses, statutory immunities, and nonparty-fault arguments. Premises cases may also involve open-and-obvious arguments, but those arguments must be analyzed under current Michigan premises-liability case law and comparative-fault principles.
We identify every claimed defense or immunity, evaluate whether a nonparty-fault notice changes the allocation analysis, and build the facts needed to counter comparative-fault arguments.
"Each officer and employee of a governmental agency... is immune from tort liability for an injury to a person or damage to property caused by the officer, employee, or member while in the course of employment or service... if... (c) The officer's, employee's, member's, or volunteer's conduct does not amount to gross negligence that is the proximate cause of the injury or damage."Read Full Statute
Governmental agencies are generally immune from tort liability when engaged in a governmental function unless a statutory exception applies. Government officers, employees, volunteers, and certain board members are generally immune when acting within scope, the agency is engaged in a governmental function, and their conduct is not gross negligence that is the proximate cause of the injury or damage.
This makes suing government actors significantly harder than suing private parties. A viable negligence theory usually requires fitting a statutory exception or proving gross negligence by an individual actor, while intentional tort and constitutional claims require separate analysis.
We build gross negligence arguments using use-of-force policies, training records, and expert testimony on officer conduct.
In every lease or license of residential premises, Michigan law includes covenants that the premises and common areas are fit for the intended use and that the premises will be kept in reasonable repair during the lease term, subject to statutory terms and exceptions.Read Full Statute
Michigan landlord-tenant law includes statutory duties for leased residential premises, including that premises and common areas be fit for intended use and that premises be kept in reasonable repair during the lease term, subject to statutory limits and facts.
This statute can matter in apartment, rental-home, stairway, parking-area, and common-area injury cases, but it is not a blanket rule for every premises claim.
We evaluate lease terms, control of the area, repair requests, inspection history, and whether the alleged hazard fits the statutory duty.
Comparative Fault
5 statutes"It is an absolute defense in an action for the death of an individual or for injury to a person or property that the individual upon whose death or injury the action is based had an impaired ability to function due to the influence of intoxicating liquor or a controlled substance, and as a result of that impaired ability, the individual was 50% or more the cause of the accident or event that resulted in the death or injury." If the person was less than 50% the cause, damages are reduced by that percentage.Read Full Statute
If the person whose injury or death is the basis of the case had an impaired ability to function because of alcohol or controlled substance use, and that impaired ability made the person 50% or more the cause of the accident or event, it is an absolute defense. If the person was less than 50% the cause, damages are reduced by that percentage.
Insurance companies will investigate impairment evidence after crashes and injury events. Impairment alone is not enough; the defense must connect the impaired ability to causation and the percentage of fault.
We carefully review all evidence and counter intoxication arguments with accident reconstruction and medical evidence.
"In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each person shall be allocated under this section by the trier of fact and, subject to section 6304, in direct proportion to the person's percentage of fault." The trier of fact considers the fault of each person, whether or not that person was or could have been named as a party.Read Full Statute
Michigan uses a modified comparative fault system. The jury assigns a percentage of fault to every party — including the plaintiff, defendants, and even non-parties. Your damages are reduced by your percentage of fault. If your fault is greater than the combined fault of everyone else, economic damages are still reduced by your percentage of fault, but noneconomic damages are not awarded.
If you are found 30% at fault, your total damages are reduced by 30%. If your fault is greater than the combined fault of everyone else, noneconomic damages are not awarded and economic damages are reduced proportionately.
We work to minimize your assigned fault percentage through expert testimony, evidence preservation, and aggressive cross-examination.
"Subject to section 2959, in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, a plaintiff's contributory fault does not bar that plaintiff's recovery of damages."Read Full Statute
Subject to MCL 600.2959, a plaintiff's contributory fault does not automatically bar recovery in a tort, personal injury, property damage, or wrongful death case.
A client can still recover damages even when the defense proves some fault by the injured person. The amount and type of recovery then depend on the percentage rules in MCL 600.2959 and related statutes.
We separate ordinary contributory-fault arguments from the statutory thresholds that reduce or bar certain categories of damages.
"If the plaintiff is found to be more than 50% at fault under the comparative fault principles applicable in this state, the plaintiff shall not recover noneconomic damages. The percentage of fault attributable to the plaintiff shall reduce the plaintiff's recovery of economic damages proportionately."Read Full Statute
Once fault percentages are assigned, the court reduces damages by the injured person's percentage of comparative fault. If that person's fault is greater than the aggregate fault of everyone else, economic damages are still reduced proportionately, but noneconomic damages are not awarded.
A 10% fault finding reduces recoverable damages by 10%. A finding above 50% has a much larger effect because it eliminates noneconomic damages such as pain and suffering.
We vigorously contest fault allocations through expert testimony and evidence.
"In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death involving fault of more than 1 person... the court... shall instruct the jury to answer special interrogatories" identifying total damages and percentages of fault. Liability is several only and not joint, except as otherwise provided, and the statute contains special medical-malpractice reallocation rules.Read Full Statute
This statute tells the jury or court how to identify total damages and allocate percentages of fault among all people who contributed to the injury or death, including parties, released parties, and nonparties. Michigan generally uses several liability, so each defendant pays only its percentage of fault, with special reallocation rules in medical malpractice cases.
If a defendant is uninsured, bankrupt, immune, or missing from the case, several liability can affect collectability. In medical malpractice cases, the statute has special rules for joint and several liability or reallocation depending on plaintiff fault.
We identify all potentially liable parties and all available insurance coverage before trial to protect full recovery.
Wrongful Death
5 statutes"A retail licensee shall not... sell, furnish, or give alcoholic liquor to a minor" and shall not sell, furnish, or give alcoholic liquor to an individual who is visibly intoxicated. A person injured by the minor or visibly intoxicated person may have a right of action if the unlawful sale is proven to be a proximate cause of the damage, injury, or death. The statute includes a 2-year filing period, 120-day written notice rule after attorney-client relationship, and other claim conditions.Read Full Statute
Michigan's dramshop statute can allow a claim against a retail liquor licensee that unlawfully sold, furnished, or gave alcohol to a minor or visibly intoxicated person when that unlawful sale was a proximate cause of injury, damage, or death. The statute includes a 2-year filing period, a 120-day written notice rule after attorney-client relationship, and other procedural requirements.
If a drunk driver who hit you was recently served by a bar or other retail licensee, the licensee may share liability only if the statutory conditions are met. These cases require fast investigation because notice and proof requirements are strict.
We investigate all alcohol sales preceding an accident and pursue Dramshop liability where applicable to maximize available insurance coverage.
"All actions and claims survive death. Actions on claims for injuries which result in death shall not be prosecuted after the death of the injured person except pursuant to the next section. If an action is pending at the time of death the claims may be amended to bring it under the next section."Read Full Statute
Michigan law generally provides that actions and claims survive death. But when injuries result in death, those claims must proceed under the wrongful death statute, and a pending injury action may need to be amended to bring it under that statute.
A death after an injury changes the legal path. The estate and personal representative must preserve the surviving claim while also complying with the Wrongful Death Act's procedures.
We move quickly to identify the personal representative, amend pending claims when needed, and preserve both pre-death damages and wrongful-death damages under the correct statute.
"Whenever the death of a person, injuries resulting in death, or death as described in section 2922a shall be caused by wrongful act, neglect, or fault of another... the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages." The action is brought by the personal representative. Recoverable damages can include reasonable medical, hospital, funeral, and burial expenses; conscious pain and suffering; loss of financial support; and loss of society and companionship.Read Full Statute
Michigan's primary wrongful death law. The lawsuit is filed by the personal representative of the estate, not by each family member separately. Eligible people who may claim damages include the spouse, children, descendants, parents, grandparents, siblings, children of the deceased person's spouse, certain devisees and trust beneficiaries, and intestate heirs if no closer listed family survives.
The foundation of any death case in Michigan. Recoverable damages include medical, hospital, funeral, and burial expenses; conscious pain and suffering before death; loss of financial support and contributions to survivors; and loss of society and companionship. Distribution is based on proven loss, not an automatic equal split.
We have won some of Michigan's largest wrongful death verdicts, including a $5,000,000 verdict in a semi-truck wrongful death case.
"If a person dies before the period of limitations has run or within 30 days after the period of limitations has run, an action that survives by law may be commenced by the personal representative of the deceased person at any time within 2 years after letters of authority are issued although the period of limitations has run." The action may not be commenced later than 3 years after the original limitations period has run.Read Full Statute
Michigan's wrongful death saving provision can give the personal representative extra time to file a surviving claim when the injured person dies before the original limitations period runs, or within 30 days after it runs. The key window is tied to when letters of authority are issued, not simply the date of death, and the statute has an outside deadline.
Protects families in some cases where death occurs near the end of the original limitations period, but it is technical and easy to miscalculate. Probate timing, the first letters of authority in malpractice cases, the underlying claim type, and the 3-year outside cap all matter.
We evaluate this saving provision immediately when death follows an injury, long illness, or delayed complication so probate timing does not destroy an otherwise viable claim.
Michigan medical malpractice noneconomic damages are capped under MCL 600.1483 and adjusted annually by the Michigan Department of Treasury / State Treasurer. For 2026, the standard post-1993 cap is $596,400 and the higher severe permanent-injury cap is $1,065,000. A fatal malpractice case does not qualify for the higher cap by itself; the higher cap applies only to the statutory severe permanent-injury categories. Source: Michigan Treasury 2026 notice dated January 30, 2026.Read Full Statute
When wrongful death results from medical malpractice, noneconomic damages are subject to Michigan's medical malpractice caps. For 2026, the standard post-1993 cap is $596,400 and the higher cap is $1,065,000. A fatal malpractice case does not qualify for the higher cap by itself; the higher cap applies only to the severe permanent-injury categories listed in MCL 600.1483.
This cap can limit noneconomic damages in a medical negligence death case, but economic damages such as medical expenses, funeral expenses, and provable financial support remain uncapped. The 2026 amounts were published by the Michigan Department of Treasury / State Treasurer in the January 30, 2026 notice.
We maximize economic damage projections using forensic economists and life-care planners to overcome noneconomic caps.
No-Fault Insurance & PIP
11 statutes"Except as otherwise provided in this section, the owner of a motor vehicle is liable for an injury caused by the negligent operation of the motor vehicle whether the negligence consists of a violation of a statute of this state or the ordinary care standard required by common law." The owner is not liable unless the vehicle was driven with the owner's express or implied consent or knowledge.Read Full Statute
In Michigan, the owner of a vehicle can be held liable for injuries caused by someone operating the vehicle with the owner's express or implied consent or knowledge, subject to statutory exceptions.
If you were hit by a vehicle driven by someone who borrowed it, you may have a claim against both the driver and the vehicle owner, depending on ownership, consent, and statutory exceptions.
We investigate vehicle ownership and consent in every car accident case to identify all potentially liable parties.
"Except as provided in sections 3107d and 3109a, the owner or registrant of a motor vehicle required to be registered in this state shall maintain security for payment of benefits under personal protection insurance and property protection insurance as required under this chapter, and residual liability insurance." Security is required only while the motor vehicle is driven or moved on a highway.Read Full Statute
The owner or registrant of a motor vehicle required to be registered in Michigan generally must maintain security for PIP benefits, property protection insurance, and residual liability insurance while the vehicle is driven or moved on a highway, subject to the statutory exceptions for qualified opt-outs and exclusions.
If required No-Fault security was not in effect, the coverage analysis changes quickly. Uninsured-operation rules can affect PIP, property protection, residual liability, and third-party noneconomic recovery in different ways.
We navigate no-fault coverage disputes with insurance companies who try to deny benefits to injured clients.
"Under personal protection insurance an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle, subject to the provisions of this chapter."Read Full Statute
PIP benefits are payable without regard to fault for accidental bodily injury arising out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle, subject to the No-Fault Act's coverage levels, exclusions, and limits.
This section establishes the basic no-fault coverage trigger, but it does not answer every payment question. Medical coverage tiers, priority rules, exclusions, and benefit-category rules under other sections still determine what is actually payable.
We fight insurance companies who illegally deny or delay PIP benefits our clients are entitled to.
"Subject to the exceptions and limitations in this chapter, and subject to chapter 31A, personal protection insurance benefits are payable" for allowable expenses, work loss, and replacement services. Allowable expenses are reasonable charges incurred for reasonably necessary products, services, and accommodations for an injured person's care, recovery, or rehabilitation.Read Full Statute
Michigan PIP is structured around three benefit categories: allowable expense (medical and related care), work loss (wage replacement subject to caps), and replacement services (help with household tasks you cannot perform because of the accident). What is covered, for how long, and in what amount depends on your policy tier and the chapter’s other sections.
When adjusters dispute whether a bill, wage claim, or attendant-care hour is 'reasonable and necessary' or within your elected PIP limit, this section is part of the framework for what PIP is supposed to pay.
We map your treatment, wage documentation, and replacement-service needs to the statutory categories and fight denials that ignore the full scope of benefits you purchased.
"Except as provided in subsections (2), (3), and (5), a personal protection insurance policy described in section 3101(1) applies to accidental bodily injury to the person named in the policy, the person's spouse, and a relative of either domiciled in the same household, if the injury arises from a motor vehicle accident."Read Full Statute
When more than one auto policy could apply, Michigan law sets priority rules for who must pay PIP benefits first. The current rule starts with the injured person's own policy, spouse's policy, or resident-relative policy, then addresses special situations such as vehicles used to transport passengers, employer-owned vehicles, uninsured occupants, and motorcycle crashes.
Wrong-priority disputes are common: two insurers each point at the other while your bills sit unpaid. Identifying the correct payor early avoids lost time and wrongful denials, especially in commercial vehicle, employer-owned vehicle, motorcycle, and household-policy disputes.
We analyze every applicable policy, registration, and employment relationship on intake so the correct insurer receives notice and pays under the statutory priority rules.
"Except as provided in section 3114(1), a person who suffers accidental bodily injury while not an occupant of a motor vehicle shall claim personal protection insurance benefits under the assigned claims plan under sections 3171 to 3175."Read Full Statute
For a person injured while not occupying a motor vehicle, such as a pedestrian or bicyclist, MCL 500.3115 points the claim to the Michigan Assigned Claims Plan unless coverage is available through the injured person's own, spouse's, or resident-relative policy under MCL 500.3114(1).
Delivery, rideshare, truck, and pedestrian crashes can get confusing when the injured person was outside a vehicle. The vehicle that hit you may be central to liability, but PIP priority after the 2019 reform may still turn on household coverage and the Assigned Claims Plan.
We separate the PIP priority analysis from the liability case, check household policies first, and move quickly on Assigned Claims issues when no higher-priority policy applies.
"A person entitled to claim because of accidental bodily injury arising out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle in this state may claim personal protection insurance benefits through the assigned claims plan" if no applicable PIP is available, no applicable PIP can be identified, a dispute between insurers prevents identification, or the only identifiable insurer is financially unable to provide required benefits.Read Full Statute
A person injured in a Michigan motor vehicle accident may claim PIP benefits through the Assigned Claims Plan when no applicable PIP coverage exists, no applicable PIP coverage can be identified, a dispute between insurers prevents identification of the responsible insurer, or the only identifiable coverage is financially unable to provide required benefits.
Uninsured claimants, excluded drivers, and gaps in household coverage often turn on whether an assigned claim is available — and how much coverage exists — while separate rules may still limit third-party noneconomic recovery if you were uninsured in certain situations.
We evaluate whether an Assigned Claims application is appropriate, meet MAIPF procedural requirements, and align assigned-PIP strategy with any third-party case under MCL 500.3135 and related sections.
"A person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement. 'Serious impairment of body function' means an objectively manifested impairment of an important body function that affects the person's general ability to lead his or her normal life."Read Full Statute
Michigan's no-fault system limits when you can sue the at-fault driver for pain and suffering. To bring a tort claim, your injury must meet the 'serious impairment of a body function' threshold — meaning the impairment affects your ability to lead your normal life. The same section also sets rules for excess economic loss and, in subsection (2), limits who may recover noneconomic damages — including when the injured person was operating an uninsured vehicle.
Insurance companies routinely argue that injuries don't meet the serious impairment threshold to avoid paying pain and suffering. Uninsured-operation rules under subsection (2)(c) can bar noneconomic recovery even when the other driver was at fault — a separate trap from whether Assigned Claims PIP may be available under MCL 500.3172.
We document every impact the injury has had on our client's daily life — work, hobbies, relationships — to clearly establish serious impairment. We have successfully argued this threshold in cases involving soft tissue injuries that other firms refused to take.
"An action for recovery of personal protection insurance benefits payable under this chapter for an accidental bodily injury may not be commenced later than 1 year after the date of the accident that caused the injury unless written notice of injury as provided in subsection (4) has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment of personal protection insurance benefits for the injury."Read Full Statute
MCL 500.3145 generally requires written notice of injury to the proper No-Fault insurer within 1 year after the accident unless the insurer has already paid PIP benefits. Lawsuit timing, tolling, and the one-year-back rule can affect what expenses are recoverable.
The one-year rule is strictly enforced, but it is not just a generic application deadline. Notice, prior payments, suit timing, and one-year-back limits all matter.
We immediately put no-fault insurers on notice, track lawsuit timing, and manage PIP submissions on behalf of our clients to prevent deadline errors.
For policies issued or renewed after July 1, 2020, the applicant or named insured must select a PIP allowable-expense coverage level: $50,000 if the statutory Medicaid conditions are met, $250,000, $500,000, or no limit. Separate sections address qualified-health-coverage exclusions and Medicare opt-outs.Read Full Statute
After Michigan's 2019 No-Fault reform, policies issued or renewed after July 1, 2020 require a selection for PIP allowable-expense coverage: $50,000 if the statutory Medicaid conditions are met, $250,000, $500,000, or no limit. Medicare opt-outs and qualified-health-coverage exclusions are handled in separate sections, so Medicaid eligibility should not be described as a full PIP medical opt-out.
Many drivers now have reduced PIP medical limits and do not realize it until after an accident. Your attorney must identify the selected coverage level and any separate exclusion or opt-out early to develop the right strategy.
We obtain all relevant policy information within days of intake to map available coverage and prevent gaps in medical payment.
"A physician, hospital, clinic, or other person that lawfully renders treatment to an injured person for an accidental bodily injury covered by personal protection insurance... may charge a reasonable amount for the treatment or training." The charge must not exceed the provider's customary charge for like non-insurance treatment, and payment or reimbursement is also subject to the section's Medicare-based fee schedule, enhanced reimbursement categories, attendant-care rules, and related limitations.Read Full Statute
Michigan's No-Fault fee schedule governs provider charges and reimbursement for PIP treatment. Providers may charge a reasonable amount, but the charge cannot exceed customary non-insurance charges and reimbursement is subject to Medicare-based percentages, enhanced reimbursement categories, attendant-care rules, and other limitations in the statute.
For treatment after July 1, 2023, the general Medicare-based baseline is 190% of the applicable Medicare amount when Medicare has a payable amount. DIFS also publishes annual CPI adjustments for non-Medicare fee-schedule amounts and updated enhanced-reimbursement facility lists. Andary limits retroactive application of parts of the reform for pre-June 11, 2019 injuries.
We keep the focus practical: making sure clients receive necessary care, identifying providers who understand No-Fault billing, and resolving disputes when insurers use reimbursement rules to delay or deny treatment.
Motor Vehicle Code — Traffic & OWI
2 statutesMichigan generally prohibits holding or using a mobile electronic device while operating a motor vehicle, subject to statutory exceptions. Violations are civil infractions, and the statute separately defines device use for commercial motor vehicles and school buses.Read Full Statute
Michigan law generally prohibits holding or using a mobile electronic device while operating a motor vehicle, subject to statutory exceptions. Violations are civil infractions. Evidence of illegal device use, including records, video, or admissions, can support negligence and comparative-fault arguments in a crash case.
Distracted driving is a common cause of intersection and rear-end collisions. Proving the other driver was on a phone or device can shift fault and strengthen your liability case.
We subpoena phone records, seek dashcam and surveillance video, and depose drivers on device use when distraction is suspected.
"A person, whether licensed or not, shall not operate a vehicle on a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated."Read Full Statute
Michigan prohibits operating a vehicle while intoxicated by alcohol or drugs. OWI can be proven by blood alcohol level, drugs, or impaired ability to drive. A criminal OWI case is separate from your civil injury claim, but a conviction or police report can be powerful evidence of negligence.
If you were hit by a drunk or drug-impaired driver, the civil case may involve exemplary-damages analysis in limited circumstances and may involve deadline-sensitive dram shop liability if a vendor over-served.
We coordinate with criminal discovery, obtain toxicology and body-cam materials, and pursue all liable parties including bars under the Dramshop Act when the facts support it.
Road & Recreation Safety
5 statutes"Each person riding a bicycle, electric bicycle, electric personal assistive mobility device, electric skateboard, or moped or operating a low-speed vehicle or commercial quadricycle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle under this chapter," subject to special regulations and provisions that by their nature do not apply.Read Full Statute
Michigan generally gives people riding bicycles, electric bicycles, electric personal assistive mobility devices, electric skateboards, mopeds, low-speed vehicles, and commercial quadricycles the same roadway rights and duties as drivers, except where a special rule applies or the vehicle rule does not fit.
This statute helps counter the common defense theme that cyclists and similar road users do not belong on the road. It supports a fact-specific liability analysis when a driver fails to yield, passes unsafely, or ignores a lawful roadway position.
We use roadway rights, crash location evidence, sight lines, and driver conduct to prove whether the injured person was operating lawfully and whether the motorist's choices caused the crash.
Michigan passing rules require a driver overtaking another vehicle proceeding in the same direction to pass at a safe distance and return only when safely clear. A driver overtaking a bicycle must pass at least 3 feet to the left, or, if 3 feet is impracticable, at a safe distance and safe speed.Read Full Statute
Michigan passing rules require drivers to pass at a safe distance and return to the right only when safely clear. When overtaking a bicycle, a driver must pass at least 3 feet to the left, or, if 3 feet is impracticable, at a safe distance and safe speed.
Close-pass crashes can be powerful evidence of negligence, but liability still depends on causation, comparative fault, roadway conditions, and witness or video proof.
We investigate vehicle path, lane width, impact marks, video, and witness statements to show whether a driver passed too closely or returned too soon.
Michigan motorcycle helmet rules allow limited adult helmet choice only when the rider meets statutory age, endorsement, experience or safety-course, and insurance conditions. Always verify the current statutory requirements at the official source.Read Full Statute
Michigan allows some adult riders to ride without a helmet if statutory conditions are met, including age, endorsement, experience or safety-course requirements, and required insurance coverage.
Helmet nonuse does not automatically bar a motorcycle claim. It may become a comparative-fault or damages argument depending on the injury and whether the statutory conditions were met.
We separate crash fault from injury-causation arguments and use medical and reconstruction experts when insurers try to overstate helmet-related defenses.
Michigan prohibits operating a motorboat while intoxicated or visibly impaired, with criminal penalties and evidentiary consequences that may also support a related civil negligence claim when intoxicated operation causes injury.Read Full Statute
Michigan prohibits operating a motorboat while intoxicated or visibly impaired. The statute is part of Michigan's Natural Resources and Environmental Protection Act boating provisions.
BUI evidence can support negligence and causation in a boating injury case, but the civil claim still requires proof that the intoxicated operation caused the harm.
We obtain conservation-officer reports, toxicology, witness statements, rental records, and GPS or marina evidence to connect impaired operation to the crash.
When crossing a public highway, a snowmobile operator must generally stop before entering the highway, yield to approaching vehicles, and cross at approximately a right angle when the crossing can be made safely.Read Full Statute
When crossing a public highway, a snowmobile operator must generally stop, yield to vehicles, and cross at approximately a right angle when the crossing can be made safely.
A road-crossing violation can support negligence arguments, but it does not create automatic recovery. Comparative fault, signage, visibility, motorist conduct, and trail design still matter.
We document stop location, sight distance, signage, trail approach, vehicle speed, and witness accounts to determine how fault should be allocated.
Medical Malpractice
9 statutesMichigan medical malpractice noneconomic damages are capped under MCL 600.1483 and adjusted annually by the Michigan Department of Treasury / State Treasurer. For 2026, the standard post-1993 cap is $596,400, the higher severe permanent-injury cap is $1,065,000, and the pre-October 1, 1993 malpractice cap is $626,400. A fatal malpractice case does not qualify for the higher cap by itself. Source: Michigan Treasury 2026 notice dated January 30, 2026.Read Full Statute
Michigan law caps noneconomic damages (pain, suffering, loss of enjoyment of life) in medical malpractice cases. For 2026, the standard post-1993 cap is $596,400. The higher cap is $1,065,000 and applies only to the severe permanent-injury categories listed in MCL 600.1483: hemiplegic, paraplegic, or quadriplegic status with total permanent functional loss of one or more limbs caused by brain or spinal cord injury; permanently impaired cognitive capacity that prevents independent responsible life decisions and normal daily living activities; or permanent loss of or damage to a reproductive organ resulting in inability to procreate. A fatal malpractice case does not qualify for the higher cap by itself.
The cap limits recoverable noneconomic damages after the trier of fact itemizes economic and noneconomic loss. Economic damages — lost wages, future medical care, disability, and other provable financial losses — are not capped by this section. The 2026 figures were published by the Michigan Department of Treasury / State Treasurer in the January 30, 2026 notice.
We retain forensic economists and life-care planners to build comprehensive economic damage models that maximize recovery when the noneconomic cap applies.
"In an action alleging medical malpractice, a person shall not give expert testimony on the appropriate standard of practice or care unless the person is licensed as a health professional" and meets the statute's same-specialty, board-certification, and recent-practice or instruction requirements where applicable.Read Full Statute
In Michigan medical malpractice cases, a standard-of-care expert must be a licensed health professional and must meet the statute's same-specialty, board-certification, and recent-practice or instruction requirements where they apply.
Getting the right expert is a threshold issue in Michigan medical malpractice litigation. A case can be seriously damaged or dismissed if the required expert does not match the defendant's health profession or specialty under the statute.
We identify the correct defendant specialty and retain qualified medical experts early so expert-qualification issues do not derail an otherwise viable case.
"The plaintiff in an action alleging medical malpractice... shall file with the complaint an affidavit of merit signed by a health professional who the plaintiff's attorney reasonably believes meets the requirements for an expert witness under section 2169." The affidavit must address standard of care, breach, what should have been done or omitted, and proximate cause; limited filing extensions may apply.Read Full Statute
When filing a medical malpractice lawsuit, the plaintiff generally must file an Affidavit of Merit signed by a health professional the attorney reasonably believes meets the expert-witness requirements. The affidavit must address standard of care, breach, what should have been done or omitted, and proximate cause.
This procedural requirement can affect whether and when a malpractice case can proceed. The statute allows limited extensions in specific circumstances, so the affidavit issue must be reviewed before filing.
We obtain Affidavits of Merit from appropriately qualified experts before filing medical malpractice lawsuits, and we review whether any statutory extension applies when records are delayed.
"Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice." The accrual date, discovery rule, repose period, minor rules, tolling, and other exceptions must be analyzed under the related statutes.Read Full Statute
Medical malpractice claims in Michigan generally use a 2-year limitations period under MCL 600.5805(8), with separate accrual, 6-month discovery, repose, minor, NOI-tolling, and fraudulent-concealment rules that can affect the final deadline.
Two years moves quickly, especially when you're still treating and focused on recovery. Waiting too long — even a few months — can permanently bar your malpractice claim regardless of merit.
We calendar malpractice limitation deadlines the moment a case is first evaluated and begin expert consultation and Notice of Intent drafting immediately.
"Except as otherwise provided in section 5838a or 5838b, a claim based on the malpractice of a person who is, or holds himself or herself out to be, a member of a state licensed profession accrues" when that person discontinues serving the plaintiff in the matter. Medical malpractice has its own accrual rule in section 5838a.Read Full Statute
MCL 600.5838 governs accrual for certain non-medical professional malpractice claims unless section 5838a or 5838b applies. Medical malpractice has its own accrual rule in MCL 600.5838a.
This statute matters because not all malpractice claims use the same accrual rule. Applying the wrong malpractice statute can lead to a bad deadline calculation.
We identify whether a claim is medical malpractice, non-medical professional malpractice, or another negligence claim before calculating deadlines.
"A claim based on the medical malpractice... accrues at the time of the act or omission that is the basis for the claim of medical malpractice, regardless of the time the plaintiff discovers or otherwise has knowledge of the claim." An action may use the applicable limitations period or a 6-month discovery period, but is generally subject to a 6-year repose period unless a statutory exception applies.Read Full Statute
Medical malpractice claims generally accrue at the act or omission that is the basis for the claim, regardless of when the plaintiff discovers the claim. The statute includes a 6-month discovery period, but generally bars claims more than 6 years after the act or omission, subject to statutory exceptions including minor-specific rules, reproductive-injury rules, and fraudulent concealment.
If a medical error occurred more than 6 years ago, your claim may be permanently barred, but the exceptions must be checked before any final conclusion. Time is critical.
We evaluate every malpractice case immediately for repose issues and advise clients honestly about whether their claim is still viable before investing in costly expert review.
For medical malpractice claims, MCL 600.5851 includes special age-based rules. If the claim accrues before the person reaches age 8, the action generally must be commenced by the person's 10th birthday or within the period in MCL 600.5838a, whichever is later. For qualifying reproductive-system injuries accruing before age 13, the action generally must be commenced by the person's 15th birthday or within the MCL 600.5838a period, whichever is later.Read Full Statute
Special timing rules apply to medical malpractice claims involving minors. If the malpractice claim accrues before the child's eighth birthday, the action generally must be commenced by the child's tenth birthday or within the period provided by MCL 600.5838a, whichever is later. For reproductive-system injury claims accruing before age 13, the deadline generally runs to the child's fifteenth birthday or the MCL 600.5838a period, whichever is later.
Birth injury and pediatric malpractice cases involve age-based statutory deadlines, the general malpractice limitations period, discovery issues, and repose issues. Missing these deadlines is catastrophic for families.
We handle birth injury and pediatric malpractice cases and are intimately familiar with the specific rules that apply to minor clients, including when the repose period can override tolling.
The statutes of limitations or repose are tolled when notice is given in compliance with the applicable notice period under MCL 600.2912b, if during that notice period a claim would be barred by the statute of limitations or repose. The tolling is limited to the number of days remaining in the applicable notice period after notice is given.Read Full Statute
When a medical-malpractice NOI is given under MCL 600.2912b, MCL 600.5856(c) tolls the limitations or repose period if the claim would otherwise be barred during that notice period. The tolling is limited to the number of days remaining in the applicable notice period after notice is given.
This tolling provision prevents the unfair result of a malpractice plaintiff losing their case while they're legally required to wait before filing suit.
We manage the NOI tolling calendar precisely to ensure no deadline is missed between service of the notice and filing of the complaint.
In actions involving a medical malpractice claim, MCL 600.6304 includes special allocation rules. If the plaintiff is without fault, defendants may be jointly and severally liable; if the plaintiff has fault, the court may reallocate an uncollectible share among other parties after judgment under the statute.Read Full Statute
MCL 600.6304 tells the jury or court how to allocate fault and damages in personal injury and wrongful death cases. For medical malpractice claims, the statute includes special rules: if the plaintiff is without fault, defendants may be jointly and severally liable; if the plaintiff has fault, an uncollectible share may be reallocated after judgment under the statute.
In multi-defendant malpractice cases involving a hospital, surgeon, anesthesiologist, nurses, or other providers, fault allocation and collectability can affect the actual recovery. Identifying all liable parties and coverage matters early.
We identify all potentially liable parties, evaluate plaintiff-fault issues, and preserve the record needed for allocation or collectability arguments under the statute.
Employment Law & Retaliation
3 statutes"An employer shall not discharge, threaten, or otherwise discriminate against an employee" because the employee reports or is about to report a violation or suspected violation of law to a public body, unless the employee knows the report is false, or because a public body asks the employee to participate in an investigation, hearing, inquiry, or court action.Read Full Statute
Michigan's Whistleblowers' Protection Act prohibits an employer from discharging, threatening, or otherwise discriminating against an employee because the employee reports, or is about to report, a violation or suspected violation of law to a public body, unless the employee knows the report is false. It also protects employees asked by a public body to participate in an investigation, hearing, inquiry, or court action.
A whistleblower claim turns on protected reporting activity, employer knowledge, adverse action, and causation. The facts must show more than a workplace disagreement or an internal complaint that does not qualify under the statute.
We build timelines tying protected reports to discipline, termination, demotion, schedule changes, or other retaliation and preserve emails, texts, witness statements, and HR records.
"A person who alleges a violation of this act may bring a civil action... within 90 days after the occurrence of the alleged violation of this act." The same section places a clear-and-convincing evidence burden on a person claiming protection because they were about to report a violation or suspected violation.Read Full Statute
A civil action under Michigan's Whistleblowers' Protection Act must be filed within 90 days after the alleged violation occurred.
This is one of the shortest and most dangerous deadlines in Michigan employment law. The statute also places a clear-and-convincing evidence burden on claims based on being about to report a violation or suspected violation.
We evaluate whistleblower timing immediately, identify the adverse action date, and move quickly if the 90-day filing window may apply.
Michigan ELCRA prohibits employment discrimination because of religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status. The employment section also addresses unequal treatment related to pregnancy, childbirth, termination of pregnancy, or related medical conditions.Read Full Statute
Michigan's Elliott-Larsen Civil Rights Act prohibits employers from discriminating in employment because of protected characteristics including religion, race, color, national origin, age, sex, sexual orientation, gender identity or expression, height, weight, or marital status. The employment section also addresses unequal treatment related to pregnancy, childbirth, termination of pregnancy, and related medical conditions.
ELCRA is a central Michigan employment-discrimination statute. It may provide state-court remedies separate from federal administrative filing systems.
We compare the facts against state and federal claims, identify the correct forum, and preserve personnel files, comparator evidence, discipline records, and communications.
Governmental Immunity
11 statutes"No claim may be maintained against the state unless the claimant, within 1 year after the claim has accrued, files in the office of the clerk of the court of claims either a written claim or a written notice of intention to file a claim." For property-damage or personal-injury claims against the state, the statute requires filing the claim or notice within 6 months after the event giving rise to the claim.Read Full Statute
To sue the State of Michigan, MCL 600.6431 generally requires a verified claim or notice of intention to file a claim within 1 year after the claim accrues. Claims for property damage or personal injury against the state generally have a shorter 6-month deadline.
Missing the correct Court of Claims timing rule can permanently bar a claim against the State of Michigan even if another limitations period has not expired. The applicable deadline depends on the type of state claim.
We identify state government defendants immediately upon intake and calendar the specific Court of Claims deadline as a first-priority action before addressing any other aspect of the claim.
"Each governmental agency having jurisdiction over a highway shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel." The duty and liability are limited to the improved portion of the highway designed for vehicular travel and do not include sidewalks, trailways, crosswalks, or other installations outside that improved portion unless otherwise provided.Read Full Statute
The highway exception requires a governmental agency with jurisdiction over a highway to keep the highway in reasonable repair so it is reasonably safe and convenient for public travel. The statute limits the duty and liability to the improved portion of the highway designed for vehicular travel unless another provision applies.
Public-road defect claims are narrow and deadline-sensitive. Sidewalks, trailways, crosswalks, design theories, and installations outside the improved vehicular portion require separate legal review instead of assuming the highway exception applies.
We identify the responsible road authority, preserve location evidence, and evaluate whether the defect falls within the limited statutory highway exception before filing.
"No governmental agency is liable for injuries or damages caused by a defective highway unless the governmental agency knew, or in the exercise of reasonable diligence should have known, of the existence of the defect and had a reasonable time to repair the defect before the injury took place. Knowledge and time to repair are conclusively presumed when the defect was readily apparent for 30 days or longer before the injury."Read Full Statute
For highway-defect claims, a governmental agency is liable only if it knew, or should have known through reasonable diligence, about the defect and had a reasonable time to repair it before the injury. Knowledge and time to repair are conclusively presumed when the defect was readily apparent for 30 days or longer before the injury.
Highway-defect claims often turn on how long the defect existed and whether the responsible government agency had actual or constructive notice. Whether a particular location qualifies under the highway exception still must be analyzed separately.
We gather photographs, maintenance records, prior complaints, inspection logs, and witness evidence to prove how long the defect existed and whether the agency had a reasonable opportunity to fix it.
"As a condition to any recovery for injuries sustained by reason of a defective highway, the injured person shall serve notice on the governmental agency of the occurrence of the injury and the defect within 120 days from the time the injury occurred. The notice must specify the exact location and nature of the defect, the injury sustained, and the names of witnesses known at the time by the claimant."Read Full Statute
A person injured by a defective highway must generally serve written notice on the responsible governmental agency within 120 days of the injury. The notice must identify the location and nature of the defect, the injury sustained, and known witnesses.
Highway-defect claims can be lost before a lawsuit is filed if the required notice is not served correctly and on time. Claims against the State of Michigan also require the specific filing method required by the statute.
We identify the responsible road authority, prepare the required notice, preserve location evidence, and file quickly enough to protect highway-defect claims.
"Governmental agencies shall be liable for bodily injury and property damage resulting from the negligent operation by any officer, agent, or employee of the governmental agency, of a motor vehicle of which the governmental agency is owner."Read Full Statute
Government agencies can be liable for bodily injury and property damage caused by the negligent operation of a government-owned motor vehicle by a government officer, agent, or employee.
If you were hit by a police vehicle, school bus, city truck, county vehicle, snowplow, or other government-owned vehicle, this exception may allow a claim despite governmental immunity.
We pursue motor vehicle exception claims by obtaining crash reports, dashcam or bodycam footage, dispatch records, vehicle ownership records, and maintenance evidence.
"Governmental agencies have the obligation to repair and maintain public buildings under their control when open for use by members of the public." Liability requires actual or constructive knowledge of the defect and failure to remedy it or protect the public within a reasonable time. Knowledge is conclusively presumed when the defect existed so as to be readily apparent for 90 days or longer. Notice must generally be served within 120 days.Read Full Statute
Government agencies can be liable for injuries caused by a dangerous or defective condition in a public building if the agency had actual or constructive knowledge of the defect and failed to repair it or protect the public within a reasonable time. Knowledge is conclusively presumed if the defect was readily apparent for 90 days or longer, and the statute includes a 120-day notice requirement.
Slip and falls, structural failures, and other injuries in schools, courthouses, government offices, and other public buildings may qualify for this exception if the statutory requirements are met.
We document the building defect, identify the responsible agency, investigate prior notice, and serve any required notice quickly enough to preserve the claim.
"Except as otherwise provided in this act, a governmental agency is immune from tort liability if the governmental agency is engaged in the exercise or discharge of a governmental function."Read Full Statute
Michigan's primary governmental immunity statute gives governmental agencies broad immunity from tort liability when they are exercising or discharging a governmental function, except as otherwise provided by the Act.
Governmental immunity is a powerful defense that can bar tort claims against a government entity. Identifying whether a statutory exception or a non-tort legal theory applies is essential from the beginning.
We identify the specific defendant, the function involved, and the strongest available exception or alternative legal theory before making immunity concessions.
"A judge, a legislator, and the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons or damages to property whenever they are acting within the scope of their judicial, legislative, or executive authority."Read Full Statute
Judges, legislators, and elective or highest appointive executive officials of all levels of government are immune from tort liability for injuries or property damage when acting within the scope of their judicial, legislative, or executive authority.
This provision can bar state tort claims against high-level government officials for covered official acts. Claims involving conduct outside the official's authority or claims under a different legal theory require separate review.
In cases involving high-level official conduct, we identify whether the claim is a barred state tort claim or whether another remedy, including a civil-rights or administrative remedy, should be evaluated.
"This act does not grant immunity to a governmental agency with respect to providing medical care or treatment to a patient, or to a governmental agency engaged in a proprietary function. Proprietary function means an activity conducted primarily for the purpose of producing a pecuniary profit for the governmental agency, excluding an activity normally supported by taxes or fees."Read Full Statute
A governmental agency is not immune when it is engaged in a proprietary function: an activity conducted primarily to produce a pecuniary profit, excluding activities normally supported by taxes or fees.
Determining whether a government activity is truly proprietary is heavily contested. Revenue alone is not enough; the activity must be primarily profit-driven and not normally tax- or fee-supported.
We analyze the purpose, funding, and revenue structure of government-operated facilities or programs to determine whether the proprietary function exception can overcome immunity.
"As used in this chapter: 'Governmental agency' means the state or a political subdivision. 'Governmental function' means an activity that is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law."Read Full Statute
This section defines which governmental entities the Governmental Immunity Act covers, including the state, counties, cities, townships, school districts, and other governmental agencies. It also defines what qualifies as a 'governmental function.'
Whether a defendant qualifies as a 'governmental agency' is the threshold question in every immunity case. Some quasi-governmental or privatized entities are not actually immune under this statute.
We research the legal structure and authority of every defendant before making immunity concessions — some entities that look governmental are not immune.
"A governmental agency that has jurisdiction over a highway shall not be liable for damages in an action based on a theory of negligent design of the highway unless the highway was designed in violation of a standard in effect at the time the highway was designed and the governmental agency had actual notice of the defect."Read Full Statute
A governmental agency with jurisdiction over a highway is not liable on a negligent-design theory unless the highway was designed in violation of a standard in effect when it was designed and the agency had actual notice of the defect.
Design-defect claims against road agencies are narrow. They require attention to the design standard in effect at the time of design and proof of actual notice.
We use engineering review, road-authority records, and notice evidence to decide whether a negligent-design theory is available or whether the claim should focus elsewhere.
Joint & Several Liability
4 statutes"Where 2 or more persons are jointly or severally liable in tort for the same injury to person or property, or the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them."Read Full Statute
When two or more people are jointly or severally liable in tort for the same injury, property damage, or wrongful death, Michigan law recognizes a right of contribution among them. This is mostly a dispute among liable parties over who pays what share.
Contribution rules can affect settlement posture in multi-defendant cases, but they do not replace the current fault-allocation and several-liability rules that usually govern a plaintiff's judgment.
We account for contribution dynamics when structuring multi-defendant settlements and releases, while keeping the client's collectible recovery as the priority.
"Except as provided in section 6304, in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each person shall be allocated to each person in direct proportion to the person's percentage of fault. Liability shall be several only and shall not be joint."Read Full Statute
In most Michigan tort cases, liability is several only. Each person is allocated responsibility in direct proportion to that person's percentage of fault, except where another statute creates an exception.
If a defendant is uninsured or insolvent, the plaintiff often cannot force other defendants to cover that share. Identifying all insured, solvent defendants and any statutory exceptions is critical.
We investigate every possible defendant and their insurance coverage before filing to ensure we can actually collect on any verdict we win.
"Liability in an action to which this section applies is several only and not joint. Except as otherwise provided in subsection (6), a person shall not be required to pay damages in an amount greater than his or her percentage of fault." The statute includes special medical-malpractice allocation and reallocation rules.Read Full Statute
In tort cases involving fault of more than one person, the jury or court must allocate percentages of fault. Liability is several only unless a statutory exception applies, and medical-malpractice claims have special allocation and reallocation rules.
Fault allocation can reduce or limit the collectible judgment against any one defendant. Nonparty fault, released parties, government defendants, and malpractice-specific rules all require careful review.
We identify all at-fault parties, defend against improper nonparty-fault arguments, and build the record needed for accurate allocation and collectability analysis.
"A defendant that is found liable for an act or omission that causes personal injury, property damage, or wrongful death is jointly and severally liable" if the act or omission falls within the listed crime-based categories, including certain gross-negligence crimes and specified alcohol- or controlled-substance offenses for which the defendant is convicted.Read Full Statute
Michigan preserves joint and several liability for certain defendants whose act or omission caused personal injury, property damage, or wrongful death and falls within listed crime-based categories, including specified convictions involving gross negligence, alcohol, or controlled substances.
This exception can matter in drunk-driving, intoxication-related, or other crime-based injury cases where a qualifying conviction exists. It should not be treated as a general joint-and-several-liability rule.
We check criminal charging and conviction records when the facts suggest this exception may affect fault allocation and collectability.
Emotional Distress
5 statutes"A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section. For claims of intentional infliction of emotional distress, the 3-year period of limitations applies."Read Full Statute
Michigan's general injury limitations statute gives many personal-injury and emotional-distress claims a 3-year filing period after the claim accrues, unless a more specific limitation period applies.
Emotional-distress theories can arise in personal-injury, employment, civil-rights, abuse, and other matters. The correct deadline depends on the underlying legal theory and accrual rule.
We identify all applicable emotional distress theories and ensure they are properly pleaded within the limitations period to capture every available avenue of recovery.
"The claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results."Read Full Statute
Unless another statute provides a different rule, a claim accrues when the wrong on which the claim is based was done, regardless of when the resulting damage is discovered.
The accrual date can decide whether an emotional-distress claim is timely. Symptoms that worsen or become clearer later do not automatically move the filing deadline.
We build a timeline of the wrongful conduct, injury, discovery, and any potentially applicable tolling or claim-specific accrual rule before deciding whether a claim can be filed.
"Damages recoverable in a wrongful death action shall include reasonable medical, hospital, funeral, and burial expenses for which the estate is liable; loss of financial support and other contributions of the deceased person to survivors; and damages for the loss of the society and companionship of the deceased."Read Full Statute
Michigan's Wrongful Death Act allows recovery for loss of society and companionship, along with other damages the statute identifies, through the decedent's personal representative.
Loss of society and companionship is a recognized noneconomic-damages category in wrongful death cases. Medical-malpractice wrongful death claims may also require analysis of statutory caps.
We work with the personal representative and surviving family members to document legally recoverable relationship losses and present them clearly.
"In an action based on tort, the liability of each defendant shall be allocated in direct proportion to the party's percentage of fault. In determining percentages of fault, the trier of fact shall consider the fault of each person that contributed to the injury, regardless of whether the person is named as a party."Read Full Statute
In tort cases involving fault of more than one person, the jury or court generally allocates percentages of fault among parties and sometimes nonparties. Whether this applies to a particular emotional-distress theory depends on the claim and the conduct alleged.
Defendants may try to shift fault to other parties, nonparties, or the plaintiff. Intentional-tort, civil-rights, and employment-related emotional-distress claims may require different analysis.
We build detailed timelines and present clear evidence of each defendant's conduct so the jury can accurately attribute emotional harm to the parties who caused it.
"A person shall not commit torture. As used in this section, 'torture' means the intentional infliction of extreme physical or mental suffering upon another person within the jurisdiction of this state, if the person committing the act knew that the act would inflict severe or extreme physical or mental suffering upon the person."Read Full Statute
Michigan's criminal torture statute prohibits intentional infliction of extreme physical or mental suffering under the statute's terms. It is a criminal law, not a stand-alone civil cause of action.
Facts that may violate a criminal statute can also be relevant to separate civil claims, including assault, battery, civil-rights, or abuse-related claims. The civil theory must be identified independently.
We review criminal records, investigative findings, medical proof, and witness evidence to determine which civil claims are available when extreme abuse is alleged.
Damage Caps & Recovery Limits
7 statutes"The right to the recovery of benefits as provided in this act shall be the employee's exclusive remedy against the employer for a personal injury or occupational disease. The only exception to this exclusive remedy is an intentional tort."Read Full Statute
If you are injured on the job, workers' compensation is generally your exclusive remedy against your employer — you cannot also sue them in tort. However, the exclusive remedy does NOT protect third parties (equipment manufacturers, property owners, other contractors) whose negligence contributed to your injury.
The exclusive remedy bar limits what you can collect from your employer, but it does not prevent a separate, potentially much larger tort claim against third parties who were also responsible for your injury.
We routinely identify third-party tort claims running parallel to workers' compensation benefits, giving our clients the opportunity to recover far more than comp alone would provide.
MCL 600.1483 caps noneconomic damages in medical malpractice actions. The Michigan Department of Treasury / State Treasurer publishes the annual adjusted amounts; for 2026, the standard post-1993 cap is $596,400, the higher severe permanent-injury cap is $1,065,000, and the pre-October 1, 1993 malpractice cap is $626,400. Source: Michigan Treasury 2026 notice dated January 30, 2026.Read Full Statute
Michigan caps noneconomic damages (pain, suffering, disability, loss of enjoyment of life) in medical malpractice cases. For 2026, the standard post-1993 cap is $596,400, the enhanced severe permanent-injury cap is $1,065,000, and the pre-October 1, 1993 malpractice cap is $626,400. Economic damages — actual financial losses — are not capped.
The applicable cap depends on the claim date and whether the injury falls within the higher statutory categories. The annual amounts are published by the Michigan Department of Treasury / State Treasurer, including the 2026 notice dated January 30, 2026.
We build detailed economic damage cases using forensic economists, life-care planners, and vocational experts to maximize recovery when noneconomic caps limit pain and suffering awards.
MCL 600.2946a caps noneconomic damages in qualifying product liability actions, with annual amounts published by the Michigan Department of Treasury / State Treasurer. For 2026, the post-1993 noneconomic cap is $596,400, the higher severe permanent-injury cap is $1,065,000, and product liability economic damages not readily ascertainable are capped at $97,770. Source: Michigan Treasury 2026 notice dated January 30, 2026.Read Full Statute
Michigan caps noneconomic damages in product liability cases, with a higher cap if the defect caused death or permanent loss of a vital bodily function. For 2026, the post-1993 noneconomic cap is $596,400, the higher cap is $1,065,000, and product-liability economic damages that are not readily ascertainable are determined using the adjusted statutory median-family-income figure of $97,770. Other provable economic damages remain recoverable under the statute's framework.
When a defective product causes severe injury, the noneconomic cap can significantly limit pain and suffering recovery. The 2026 amounts were published by the Michigan Department of Treasury / State Treasurer in the January 30, 2026 notice, so current cap analysis matters.
We build strong economic damage cases in product liability matters, including future care costs, reduced earning ability, and all other economic losses, to maximize total recovery.
"The person seeking to establish fault under sections 2957 to 2959 has the burden of alleging and proving that fault. Sections 2957 to 2959 do not create a cause of action."Read Full Statute
A person seeking to establish fault under Michigan's comparative-fault provisions has the burden of alleging and proving that fault. The statute also says those provisions do not create a separate cause of action.
This provision matters when defendants try to allocate fault to a plaintiff, party, or nonparty. It is not a periodic-payment or judgment-interest statute.
We require defendants to prove fault allocation with evidence and challenge unsupported attempts to reduce recovery through comparative-fault arguments.
MCL 600.6098 requires a judge in a medical-malpractice action to review each verdict to determine whether the noneconomic-damages limitation in MCL 600.1483 applies. It also addresses judicial review of verdicts in personal-injury actions, including new trial, additur, and remittitur issues.Read Full Statute
MCL 600.6098 requires judges in medical-malpractice cases to review verdicts for application of the noneconomic-damages cap. It also addresses judicial review of verdicts in personal-injury actions, including new trial, additur, and remittitur issues.
After a verdict, this statute can affect whether an award is reduced, adjusted, or retried. It is not Michigan's judgment-interest statute.
We preserve the trial record, defend supported verdicts, and address cap, remittitur, additur, and new-trial arguments after verdict.
After a plaintiff verdict in a personal-injury action, evidence that medical-care, rehabilitation, lost-earnings, lost-earning-capacity, or other economic loss was paid or is payable by a collateral source is admissible to the court before judgment. The court may reduce the economic-loss portion of the judgment subject to the statute's premium, lien, subrogation, and payable-or-receivable rules.Read Full Statute
After a plaintiff verdict in a personal-injury case, the court may consider whether certain economic losses were paid or are payable by a collateral source, then reduce the economic-loss portion of the judgment under the statute's rules. Premium payments, liens, subrogation rights, and whether the benefit is actually payable all matter.
Collateral-source disputes can affect the final judgment after a verdict, especially where health insurance, workers' compensation, Medicare, employee benefits, or contractual liens are involved.
We document benefit sources, premium payments, lien claims, and subrogation issues so any collateral-source reduction is applied correctly and no recoverable damages are lost.
"A person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement."Read Full Statute
Michigan's no-fault system limits tort recovery for noneconomic loss from motor vehicle accidents to cases involving death, serious impairment of body function, or permanent serious disfigurement. Serious impairment means an objectively manifested impairment of an important body function that affects the injured person's general ability to lead their normal life.
This threshold is the most frequently litigated issue in Michigan car accident cases. Insurance companies routinely deny that injuries meet the threshold. Documenting how your injuries affect your daily life is essential.
We build detailed impairment records for every car accident client, working with treating physicians and life-function experts to establish serious impairment in even difficult cases.
Federal Motor Carrier Safety (FMCSA & 49 CFR)
6 statutesThe Federal Motor Carrier Safety Administration (FMCSA) develops and enforces safety regulations for commercial motor vehicles and carriers operating in interstate commerce, including driver qualifications, hours of service, and vehicle maintenance.Read Full Statute
The FMCSA regulates interstate commercial motor carriers, drivers, and vehicles. Its rules cover qualifications, hours of service, vehicle maintenance, drug and alcohol testing, and safety management. Michigan truck crash cases often turn on whether the carrier and driver complied with these federal standards.
Violations of FMCSA regulations can support negligence claims against carriers and drivers and help explain why a crash was preventable.
We pull safety measurement system data, prior violations, ELD records, and maintenance files and map them to the federal rules that apply to your crash.
Part 390 contains definitions, applicability, and general requirements for entities subject to the Federal Motor Carrier Safety Regulations (FMCSRs).Read Full Statute
Part 390 sets the scope of federal motor carrier safety rules and defines key terms like commercial motor vehicle and motor carrier. It is the entry point for the regulatory framework that applies to most interstate trucking operations.
Carriers cannot avoid federal safety duties by claiming they did not know which rules applied. Part 390 frames which vehicles and operations must comply.
We use Part 390 to establish that the defendant motor carrier was subject to the full set of FMCSR duties in your case.
Part 391 sets minimum qualifications for commercial drivers, including driver applications, medical certification, driving-record checks, road-test requirements or equivalents, driver qualification files, and prohibitions on using disqualified drivers.Read Full Statute
Part 391 requires carriers to verify that drivers are qualified, including required applications, medical certification, driving-record review, road-test requirements or equivalents, driver qualification files, and compliance with prohibitions on disqualified drivers.
If a driver should not have been behind the wheel, Part 391 violations can expose the motor carrier to direct liability for negligent hiring and entrustment.
We obtain driver qualification files, hiring records, and MVR history to test whether the carrier met Part 391 before dispatch.
Part 395 limits driving and on-duty time and requires hours-of-service documentation, including through electronic logging devices (ELDs) where applicable.Read Full Statute
Part 395 limits driving time, on-duty time, and hours-of-service documentation for covered drivers. Electronic logging devices (ELDs) are required where applicable. Fatigue-related crashes often involve hours-of-service violations or falsified logs.
When a driver was over hours or logs do not match GPS or toll data, that evidence can rebut the carrier's defense and show preventable risk.
We preserve ELD and ECM data immediately and compare it to Part 395 limits and dispatch records.
Part 396 requires systematic inspection, repair, and maintenance of covered commercial motor vehicles, driver vehicle inspection reporting where applicable, periodic inspections, and retention of related records.Read Full Statute
Part 396 requires systematic inspection, repair, and maintenance of covered commercial motor vehicles, maintenance records, driver vehicle inspection reporting where applicable, and periodic inspections. Brake, tire, and lighting failures tied to skipped maintenance are common in serious truck crashes.
Deferred maintenance is not an accident — it is a choice. Part 396 violations help prove the carrier knew or should have known the vehicle was unsafe.
We subpoena maintenance invoices, inspection reports, and vendor records as soon as we are retained.
Section 392.82 restricts hand-held mobile telephone use by drivers of commercial motor vehicles. Section 392.80 separately prohibits texting while driving, with a limited emergency exception.Read Full Statute
Federal rules separately prohibit texting while driving and restrict hand-held mobile telephone use by commercial motor vehicle drivers, with limited emergency exceptions. Violations are safety infractions that can support negligence claims when distraction causes a crash.
Distracted commercial driving at highway speeds is catastrophic. This rule gives a clear federal standard beyond state traffic law.
We seek phone records, cab video, and dispatch communications to prove distraction when the facts support it.
No statutes match your search. Try a different keyword or MCL number.
These statutes govern police misconduct, excessive force, and civil rights litigation in Michigan — including both Michigan Compiled Laws and the key federal statutes (42 U.S.C. § 1983) that form the backbone of every police brutality case. Click any statute to see a plain-language explanation.
Federal Civil Rights Laws
5 statutes"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."Read Full Statute
Section 1983 is the primary federal law used to sue police officers and government officials who violate your constitutional rights. It allows you to bring your case in federal court and recover compensatory and punitive damages, plus attorney fees.
Every police misconduct lawsuit Christopher Trainor & Associates files is brought under § 1983. It bypasses Michigan governmental immunity entirely and holds officers accountable under federal constitutional standards.
We have obtained some of Michigan's largest § 1983 verdicts, including $6.2M, $5.8M, and $5.5M. Our attorneys know this statute better than almost any firm in the state.
"All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts... and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens..."Read Full Statute
Section 1981 protects the equal right to make and enforce contracts and to enjoy the full and equal benefit of laws and proceedings without race discrimination.
This statute can matter in race-discrimination and retaliation cases involving employment, contracting, or intentional interference with protected civil rights.
We evaluate Section 1981 alongside Title VII, ELCRA, Section 1983, and state-law claims so race-discrimination cases preserve every viable remedy and forum.
"In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title... the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity..."Read Full Statute
If you win a civil rights lawsuit under § 1983, the government must pay your attorney fees. This makes it financially possible for victims to pursue civil rights cases even without money upfront.
This fee-shifting provision is why civil rights firms can take police misconduct cases on contingency. It levels the playing field against well-funded government defendants.
We recover full attorney fees from municipalities after successful civil rights verdicts, ensuring justice doesn't depend on a client's financial resources.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."Read Full Statute
The Fourth Amendment prohibits unreasonable seizures of persons, including the use of excessive force by police. Under Graham v. Connor, force must be objectively reasonable based on the facts known to the officer at the moment — not in hindsight.
Most police brutality cases are Fourth Amendment claims. The question is whether a reasonable officer would have used the same level of force under the same circumstances.
We use use-of-force experts, police policies, and the defendant officers' own training records to demonstrate Fourth Amendment violations in every excessive force case.
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." — U.S. Const. amend. XIV, § 1.Read Full Statute
The Fourteenth Amendment protects against deprivation of life, liberty, or property without due process of law and guarantees equal protection under the law. It applies civil rights protections to state actors — police officers and government officials.
Used in cases involving wrongful arrest, malicious prosecution, race-based discrimination by police, and denial of medical care in custody.
We combine Fourth and Fourteenth Amendment claims in complex civil rights cases to maximize the legal theories available and increase the pressure on government defendants to settle or face trial.
Wrongful Imprisonment Compensation
1 statuteMichigan WICA compensation includes $50,000 for each year from the date the claimant was imprisoned until release, prorated for partial years, for qualifying claimants who satisfy the act's eligibility and proof requirements.Read Full Statute
Michigan's WICA allows qualifying exonerees to seek compensation from the state, including $50,000 for each year of imprisonment and a prorated amount for partial years, when statutory eligibility requirements are met.
WICA is different from a federal civil-rights lawsuit. It focuses on state compensation after reversal or vacatur and dismissal or acquittal, new evidence, and clear-and-convincing proof of innocence.
We evaluate WICA eligibility separately from Section 1983 claims and preserve the facts needed for both tracks when officer or municipal misconduct may also support federal damages.
Statutes of Limitations
4 statutes"A person shall not bring or maintain an action to recover damages for assault and battery... unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within 3 years."Read Full Statute
Civil claims for assault and battery in Michigan must be filed within 3 years of the incident. This is the primary limitations period for lawsuits against police officers who use excessive force against civilians.
Three years sounds like significant time, but evidence disappears, witnesses forget, and body camera footage gets deleted. The sooner you contact a civil rights attorney after a use-of-force incident, the stronger your case will be.
We open files on police misconduct cases immediately and issue evidence preservation letters to departments within days of intake to capture footage and records before they are overwritten.
"A person shall not bring or maintain an action to recover damages for deprivation of civil rights under Michigan law unless the action is commenced within 3 years after the claim first accrued."Read Full Statute
State civil rights tort claims carry a 3-year statute of limitations. Federal civil rights claims under 42 U.S.C. § 1983 also borrow Michigan's 3-year personal injury period, making both state and federal civil rights claims subject to the same 3-year window.
The 3-year limitations period for civil rights cases runs from the date of the constitutional violation — typically the date of the arrest, use of force, or wrongful detention.
We file both federal (§ 1983) and state civil rights claims simultaneously to preserve every available theory of recovery and maximize pressure on government defendants.
"The period of limitations runs from the time the claim accrues. The claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results."Read Full Statute
A civil rights claim accrues when the plaintiff knows or should know of the injury and its cause. For excessive force claims, accrual is typically the date of the incident. For wrongful conviction or malicious prosecution claims, accrual may be delayed until the conviction is vacated or charges are dismissed.
In wrongful arrest and malicious prosecution cases, the limitations period may not begin until after criminal proceedings conclude, protecting clients who don't realize they have a civil claim until charges against them are resolved.
We carefully analyze the accrual date in every civil rights case — particularly in wrongful prosecution matters — to ensure claims are timely and preserved even when the constitutional violation occurred years ago.
"All other personal actions shall be commenced within 6 years after the claim first accrued or within such shorter period as the statute of limitations may provide."Read Full Statute
For civil rights or unusual tort claims not covered by a specific limitation period, Michigan provides a 6-year catch-all window. This provision can apply to novel or mixed-theory civil rights cases where the specific limitation period is disputed.
Rarely the primary limitation period in straightforward police misconduct cases, but valuable as a fallback argument in complex matters involving multiple theories of liability with different accrual dates.
We use the catch-all provision strategically when the government challenges the timeliness of claims arising from long-running patterns of police misconduct or cases with disputed accrual dates.
Governmental Immunity
6 statutes"Except as otherwise provided in this act, a governmental agency is immune from tort liability if the governmental agency is engaged in the exercise or discharge of a governmental function."Read Full Statute
Michigan's Governmental Immunity Act grants government agencies — including police departments and municipalities — broad immunity from negligence claims arising from governmental functions. A specific statutory exception must apply to overcome this immunity.
Governmental immunity is the primary defense Michigan municipalities raise in civil rights cases brought under state law. Federal § 1983 claims bypass this immunity entirely — which is why civil rights attorneys rely primarily on federal claims.
We rely primarily on federal § 1983 claims to avoid Michigan's broad governmental immunity, while simultaneously identifying any applicable state-law exceptions that allow parallel state claims.
"Each officer and employee of a governmental agency... is immune from tort liability for an injury to a person or damage to property caused by the officer, employee, or member while in the course of employment or service... if... (c) The officer's, employee's, member's, or volunteer's conduct does not amount to gross negligence that is the proximate cause of the injury or damage."Read Full Statute
Individual government employees, including police officers, are personally immune from state-law negligence claims unless their conduct was grossly negligent — substantially more than ordinary negligence — and was the proximate cause of the harm.
This high gross negligence standard makes state-law claims against individual officers extremely difficult to pursue. It is one of the primary reasons civil rights attorneys rely on federal § 1983, which has no such immunity requirement.
We pursue federal § 1983 claims that bypass state immunity protections, while building the factual record to satisfy gross negligence for state-law claims in the strongest cases.
"A judge, a legislator, and the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons or damages to property whenever they are acting within the scope of their judicial, legislative, or executive authority."Read Full Statute
Judges acting within their judicial capacity are broadly immune from state tort liability for acts taken within their jurisdiction.
Claims against judges for conduct during court proceedings are generally barred. In civil rights cases, federal remedies (§ 1983) and administrative complaints provide the primary avenues for challenging judicial misconduct.
In cases involving judicial conduct, we focus on federal constitutional claims and bar association complaints rather than state tort claims against the individual judge.
"A volunteer acting on behalf of a governmental agency is immune from tort liability for an injury to a person or damage to property caused by the volunteer while acting on behalf of the governmental agency if the volunteer is acting or reasonably believes he or she is acting within the scope of his or her authority."Read Full Statute
Volunteers acting on behalf of a governmental agency have limited immunity from personal tort liability when acting reasonably within the scope of their volunteer duties.
Volunteer auxiliary police officers, civilian ride-alongs, and community policing volunteers may have limited immunity protection depending on the nature of their role at the time of the incident.
We analyze the employment and volunteer status of every participant in a civil rights incident to identify which individuals retain immunity and which do not, ensuring we target the right defendants.
"The early Governmental Immunity Act sections define governmental agencies and functions, require governmental agencies to maintain highways in reasonable repair, set knowledge and notice rules for highway-defect claims, preserve liability for negligent operation of government-owned motor vehicles, and create the public-building exception for dangerous or defective public buildings."Read Full Statute
The Governmental Immunity Act broadly protects governmental agencies, but early sections preserve limited exceptions and procedural rules for claims involving highway defects, negligent operation of government-owned motor vehicles, and dangerous or defective public buildings.
When a civil rights incident also involves a government vehicle, public building, road defect, or other statutory exception, a state-law claim may proceed alongside the federal § 1983 claim if the procedural requirements are met.
We assess all applicable immunity exceptions in every civil rights case to build the widest possible net of legal theories and defendants.
"This act does not grant immunity to a governmental agency with respect to providing medical care or treatment to a patient, or to a governmental agency engaged in a proprietary function. Proprietary function means an activity conducted primarily for the purpose of producing a pecuniary profit for the governmental agency, excluding an activity normally supported by taxes or fees."Read Full Statute
A governmental agency is not immune when it is engaged in a proprietary function: an activity conducted primarily to produce a pecuniary profit and not normally supported by taxes or fees.
The proprietary function exception is narrow and fact-specific, but it can matter when a government entity is acting more like a profit-driven business than a traditional government agency.
We analyze the purpose, funding, and revenue structure of government-operated programs to determine whether a proprietary-function theory can support a state-law claim alongside federal civil rights claims.
State Tort Claims — Assault & Battery
3 statutes"Any person who commits an assault or a battery upon another person is liable in a civil action for the damages caused by the assault or battery. This section applies regardless of whether the person was acting under color of law at the time of the assault or battery."Read Full Statute
Michigan common law and statute allow a civil lawsuit for assault — placing someone in reasonable apprehension of harmful or offensive contact — separate from the actual physical battery. In police misconduct cases, the threat of unlawful force can independently create civil liability.
Even if an officer never physically touched you, deliberately placing you in genuine fear of imminent harm through drawn weapons, aggressive confrontations, or threatening conduct may give rise to a civil assault claim.
We plead civil assault claims alongside battery and § 1983 claims in all applicable police misconduct cases, ensuring every instance of unlawful threatening conduct is captured in the complaint.
"In an action arising out of an intentional tort, a person who sustains loss of consortium as a result of a personal injury to his or her spouse, parent, or child may recover damages for loss of society and companionship."Read Full Statute
When a victim is seriously injured by an intentional tort, their immediate family members (spouse, parent, child) may bring separate claims for loss of companionship, society, and services — similar to wrongful death damages, but available while the victim is still alive.
In severe police brutality cases resulting in permanent disability, family members who depended on the victim can recover for the devastating disruption to their family relationships and daily lives.
We evaluate loss of consortium claims for family members in every serious police misconduct case involving permanent impairment, adding these damages to maximize total recovery for the affected family.
"In an action based on an intentional tort, the trier of fact may award exemplary damages to a plaintiff in addition to any compensatory damages awarded, if the trier of fact finds that the defendant's conduct was so egregious that it warrants punishment and deterrence beyond compensatory damages."Read Full Statute
Michigan allows exemplary damages in intentional tort cases as a form of punishment and deterrence for particularly egregious misconduct. In police brutality matters, exemplary damages can substantially increase total recovery when officer conduct was especially malicious.
Exemplary damages can significantly increase the total award in cases involving deliberate cruelty, sadistic conduct, or clear abuse of police authority.
We specifically request exemplary damages in police brutality cases involving extreme or malicious officer conduct, using the enhanced damages as both a deterrent and a compensatory tool.
Wrongful Death & Survival
3 statutes"If a person dies as a result of a wrongful act, neglect, or fault of another, the personal representative of the estate of the deceased person may maintain an action for damages against the person who is liable for the wrongful act, neglect, or fault. This right of action survives and may be prosecuted regardless of the identity or status of the defendant."Read Full Statute
Michigan's Wrongful Death Act allows the estate of a person killed by police violence or civil rights violations to sue for economic losses, loss of companionship for surviving family members, and funeral expenses. A death at the hands of government actors does not eliminate or reduce these rights.
If your family member was killed by police — in a shooting, an in-custody death, or another use of force — the Wrongful Death Act is the foundation of your state-law claim alongside the federal § 1983 civil rights action.
We have obtained multi-million dollar verdicts for families of police violence victims in Michigan, pursuing both state wrongful death claims and federal § 1983 claims simultaneously to maximize recovery.
"Except as otherwise provided, all claims and demands whatsoever, and all rights and causes of actions, whether arising on contract or otherwise, shall survive and may be prosecuted or defended by or against the personal representative of a deceased person in the same manner as if that person had not died."Read Full Statute
When a police brutality victim dies — immediately from use of force or later from related injuries — their existing civil rights and personal injury claims survive and transfer to their estate. The estate can recover for the decedent's pre-death pain, suffering, and conscious anguish.
The moments of terror, pain, and awareness before death are legally compensable under the survival statute. This is separate from the wrongful death damages available to the family.
We always assert both survival and wrongful death claims in police-caused death cases to capture every category of recoverable damages for both the victim's estate and surviving family members.
"In an action for the wrongful death of a person, the estate of the deceased may recover for the conscious pain and suffering and mental anguish experienced by the deceased person from the time of injury to the time of death, in addition to all other damages provided by law."Read Full Statute
Michigan law allows recovery for conscious pre-death pain and suffering when a victim was aware of their injury between the time force was applied and their death. The duration of consciousness and level of suffering are key factors in calculating these damages.
In police shooting and in-custody death cases, documenting the period of consciousness after the use of force can significantly increase the survival damages available to the estate.
We work with medical experts and first responders to establish the duration of consciousness and degree of suffering between the use of force and death, maximizing survival damages for the victim's estate.
Court of Claims
3 statutes"No claim may be maintained against the state unless the claimant, within 6 months after the claim has accrued, files in the office of the clerk of the court of claims either a written claim or a written notice of intention to file a claim against the state or any of its departments, commissions, boards, institutions, arms, or agencies."Read Full Statute
To sue the State of Michigan — including the Michigan State Police — you must file a verified claim in the Court of Claims within 6 months of the incident (or within 1 year for some wrongful death claims). This requirement is separate from and in addition to the regular 3-year statute of limitations.
Missing the correct Court of Claims timing rule can permanently bar a claim against the State of Michigan even if another limitations period has not expired. The applicable deadline depends on the type of state claim.
We identify state government defendants immediately on intake and calendar the specific Court of Claims deadline as a first-priority action, before addressing any other aspect of the civil rights claim.
"The court of claims has exclusive jurisdiction of all claims and demands, liquidated and unliquidated, ex contractu and ex delicto, against the state and any of its departments, commissions, boards, institutions, arms, or agencies."Read Full Statute
The Court of Claims has exclusive jurisdiction over all lawsuits for money damages against the State of Michigan. Claims against Michigan State Police troopers acting in their official capacity must be filed in the Court of Claims, not in the circuit court.
State Police misconduct cases follow different procedural rules than local police cases. Filing in the wrong court — or failing to understand jurisdiction — can result in dismissal.
We are experienced Court of Claims practitioners and understand the specific procedures, filing requirements, and timelines that govern suits against the State of Michigan.
"A claim against the state shall be barred unless the action is commenced within 3 years after the claim first accrues, subject to the notice requirement of section 6431. Both deadlines must be satisfied independently."Read Full Statute
Claims against the state must satisfy the Court of Claims timing rules in MCL 600.6431. A verified claim or notice of intention generally must be filed within 1 year after accrual, with a shorter 6-month deadline for property damage or personal injury claims against the state. Separate limitations periods may also apply.
You can have a timely regular claim and still be barred in the Court of Claims if you missed the specific MCL 600.6431 timing requirement. The Court of Claims calendar and the underlying limitations calendar must be tracked simultaneously from day one.
We calendar the applicable Court of Claims deadline and the underlying limitations deadline at intake for every civil rights case involving state government defendants.
Criminal Statutes — Officer Conduct
6 statutes"A person who assaults or assaults and batters an individual is guilty of a misdemeanor. As used in this section, 'assault' means an attempt to commit a battery, or an unlawful act that places another in reasonable apprehension of receiving an immediate battery."Read Full Statute
Michigan's criminal assault and battery statute makes it a misdemeanor to assault or physically batter another person. When police officers are criminally charged under this statute for conduct against civilians, those criminal proceedings create a contemporaneous official record of the misconduct.
If an officer is criminally charged for conduct against you, the criminal charge — and especially a conviction — can be powerful evidence in your parallel civil rights lawsuit.
We monitor criminal proceedings against officers involved in our civil cases and coordinate timing to benefit from criminal findings, convictions, and adverse admissions.
"A person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine... [Aggravated assault]."Read Full Statute
Aggravated assault — causing serious or aggravated bodily injury — is a felony-level criminal offense in Michigan. When an officer faces criminal aggravated assault charges, the more serious criminal standard reflects a higher level of unlawful conduct directly relevant to civil liability.
An officer charged with aggravated assault has crossed a criminal line that simultaneously establishes the extreme nature of the force used in your civil rights case.
We use aggravated assault criminal findings to overcome qualified immunity arguments in § 1983 cases by demonstrating the force was clearly excessive under any objective standard.
"A person who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both."Read Full Statute
Michigan law defines exactly what constitutes criminal resistance of a police officer. Many actions that officers label 'resistance' do not meet the legal definition under § 750.81d — and even lawful resistance does not justify disproportionate force in response.
"He was resisting" is the most common justification for excessive force. We analyze whether the alleged resistance actually met the legal threshold under § 750.81d and whether the force used was proportionate to any resistance that did occur.
We use the specific statutory definition of resistance to challenge officers' narratives and demonstrate that our client's conduct — even if it technically qualified as resistance — did not justify the level of force applied.
"A person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon, but without intending to commit murder or to inflict great bodily harm less than murder, is guilty of felonious assault."Read Full Statute
These statutes cover a range of serious assault offenses including assault with a dangerous weapon (felonious assault), assault with intent to commit serious crimes, and related firearm and weapon conduct. When officers engage in this conduct against civilians, they may face both criminal prosecution and parallel civil liability.
Officers who deploy batons, tasers, or firearms in violation of their training and departmental policy may be criminally chargeable under these statutes, with their criminal conduct simultaneously supporting civil rights claims.
We document all weapons deployed and the manner of their use in civil rights cases, using the criminal standards in these sections to demonstrate that the officer's conduct crossed both legal and policy lines.
"Any person who knowingly and willfully obstructs, resists, or opposes any officer of the law or other person duly authorized... in the discharge of any duty or the service or execution of any process, is guilty of a misdemeanor."Read Full Statute
Criminal charges of 'resisting and obstructing' are frequently used by officers following a use-of-force incident to criminalize the victim's reaction and build a post-hoc justification narrative. Many of these charges are dropped or result in acquittals.
If you were charged with resisting and the charges were dismissed or you were acquitted, that outcome directly undermines the officer's justification for force in your civil case.
We obtain complete criminal case files for any charges our civil rights clients faced following a use-of-force incident, using favorable criminal outcomes — dismissals, acquittals — to bolster the civil rights claim.
"A person shall not intentionally point a firearm, whether loaded or unloaded, at or toward another person. A person who violates this section is guilty of a misdemeanor."Read Full Statute
It is a criminal offense in Michigan to intentionally point a firearm at another person without lawful justification. When officers point weapons at non-threatening civilians during routine encounters, this criminal standard is relevant to assessing the constitutional reasonableness of their conduct.
Officers often point firearms at civilians in situations where no threat justified a drawn weapon. This conduct can constitute both a criminal act and an unreasonable Fourth Amendment seizure.
We document all instances of weapons pointing in our civil rights investigations and use the § 750.227d criminal standard to establish the unreasonableness of officer conduct when firearms were drawn without justification.
Freedom of Information Act (FOIA)
4 statutes"It is the public policy of this state that all persons, except those incarcerated in state or local correctional facilities, are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees, consistent with this act."Read Full Statute
Michigan's Freedom of Information Act gives citizens the right to inspect and obtain copies of public records held by government agencies, including police departments. Requestable records include police reports, body camera footage, dispatch communications, internal affairs files, and use-of-force reports.
FOIA requests are among the most powerful tools in police misconduct cases. They can yield records — including prior complaints against an officer — that a department might otherwise conceal.
We submit comprehensive FOIA requests immediately on intake in every civil rights case to obtain body camera footage, dispatch records, internal affairs files, training records, and any other documents the department possesses.
"If a public body fails to comply with this act, the requesting person may bring an action in circuit court to compel the public body's disclosure of the public records. If the plaintiff prevails, the court shall award the plaintiff reasonable attorney's fees, costs, and disbursements."Read Full Statute
If a government agency wrongfully denies or unreasonably delays a FOIA request, you can file suit in circuit court to compel disclosure. Courts can order the agency to produce records and award punitive damages and attorney fees for bad-faith denials.
Police departments sometimes deny FOIA requests in bad faith to protect officers facing civil litigation. The threat of attorney fees and punitive damages changes the department's calculus.
We litigate FOIA enforcement actions when police departments wrongfully withhold records, recovering the documents we need — plus attorney fees — to build the strongest possible civil rights case.
"A public body may exempt from disclosure as a public record under this act... information of a personal nature if public disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy; records specifically described by statute as exempt; and records of law enforcement agencies the disclosure of which would interfere with law enforcement proceedings."Read Full Statute
Certain records are exempt from FOIA disclosure, including active criminal investigation files, personnel records of private individuals, and records whose disclosure would compromise law enforcement operations. Police departments frequently over-apply these exemptions.
Understanding what is and is not legitimately exempt allows us to challenge improperly withheld documents and force disclosure of records that should be public.
We challenge overbroad FOIA exemption claims in court, compelling disclosure of records that departments improperly classify as exempt from public access.
"If a public record contains information that is exempt from disclosure under this act, the public body shall separate or delete the exempt information and make the remainder of the record available for inspection and copying."Read Full Statute
Even when part of a document is legitimately exempt from FOIA, the non-exempt portions must still be disclosed. Government agencies cannot withhold an entire document because one section qualifies for exemption.
Police departments often try to withhold complete documents when only a small portion is technically exempt. Knowing they must produce the remainder is a powerful enforcement tool.
We insist on partial disclosure in every FOIA dispute and challenge blanket document withholdings, forcing police departments to produce all non-exempt portions of responsive records.
Self-Defense & Defense of Dwelling
2 statutes"An individual who has not or is not engaged in the commission of a crime at the time he or she uses force may use force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual."Read Full Statute
Michigan's Self-Defense Act allows a person to use force — including deadly force — in self-defense without a duty to retreat, when they reasonably believe force is necessary to prevent imminent death, great bodily harm, or sexual assault.
Self-defense issues arise in police misconduct cases in two ways: whether a civilian had a legal right to defend against an officer acting unlawfully, and whether an officer's claim of self-defense was legitimate under the actual facts.
We analyze self-defense arguments from both directions — whether our client had a right to protect themselves from unlawful force, and whether the officer's self-defense justification is supported by the evidence.
"It is a rebuttable presumption in a civil or criminal case that an individual who uses deadly force or force other than deadly force under section 2 has an honest and reasonable belief that imminent death of, sexual assault of, or great bodily harm to himself, herself, or another individual will occur if he or she does not use the deadly force or force other than deadly force."Read Full Statute
Michigan law allows use of force, including deadly force in some circumstances, to defend against a forcible, unlawful entry into one's home. The statute creates a presumption that force used against an intruder in one's dwelling is reasonable.
In cases involving police entries into homes — including no-knock raids and warrantless entries — the defense of dwelling doctrine is central to both the legality of the police action and the constitutional rights of the homeowner.
We apply defense of dwelling principles in cases involving contested police home entries to establish that officers violated our clients' Fourth Amendment rights by conducting unlawful forced entries.
Damage Awards & Limitations
6 statutesMCL 600.6098 requires judicial review of medical-malpractice verdicts for application of the noneconomic-damages cap and addresses review of verdicts in personal-injury actions, including new trial, additur, and remittitur issues. It is not the Michigan judgment-interest statute.Read Full Statute
MCL 600.6098 addresses judicial review of verdicts in personal-injury actions, including new trial, additur, and remittitur issues. It is not Michigan's judgment-interest statute.
After a verdict, defendants may seek to reduce, adjust, or retry the award. The correct post-verdict framework must be identified before making any interest, remittitur, additur, or new-trial argument.
We preserve the trial record, defend supported verdicts, and separately evaluate any statutory interest or post-judgment collection issues under the correct authority.
"In a personal injury or wrongful death action, if a plaintiff has received or will receive benefits from a collateral source for the same injury or death, the total amount of damages otherwise payable shall be reduced by the amount of those collateral benefits, except to the extent that the plaintiff has paid premiums for those benefits."Read Full Statute
Michigan law may reduce civil damage awards by amounts received from collateral sources such as health insurance or disability benefits — unless the plaintiff paid premiums for those benefits.
Government defendants in civil rights cases sometimes attempt to reduce jury verdicts using the collateral source rule. Benefits paid for by the plaintiff personally are not subject to reduction.
We carefully document all benefit sources and premium payment histories in civil rights cases to protect our clients from improper reductions that would diminish their hard-won jury awards.
"Except as provided in section 6304, in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each person shall be allocated to each person in direct proportion to the person's percentage of fault. Liability shall be several only and shall not be joint."Read Full Statute
Michigan's abolition of joint and several liability generally applies even in civil rights cases brought under state law. Each defendant (officer, municipality) pays only their proportionate share — unless federal § 1983 provides different rules.
In cases with multiple defendants (the officer, the department, the municipality), fault allocation matters. Under federal law, § 1983 liability rules may differ from Michigan's several liability scheme.
We understand the interplay between federal § 1983 liability and Michigan's several liability rules and use the most favorable framework to maximize each client's collection.
"In an action based on tort seeking damages for personal injury, property damage, or wrongful death, the court shall instruct the jury to answer special interrogatories indicating the percentage of the total fault of all persons that contributed to the death or injury, including each plaintiff, defendant, third-party defendant, and identified nonparty."Read Full Statute
For state tort claims involving more than one at-fault person, MCL 600.6304 generally requires allocation of percentages of fault and several-only liability unless a statutory exception applies. Federal civil-rights claims may follow a different liability framework.
In cases with multiple defendants, the governing claim matters. Michigan tort allocation rules do not automatically control federal section 1983 liability.
We separate federal and state theories, identify the liability framework for each claim, and build the record needed to preserve collectability.
"In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each defendant shall be allocated to each party in direct proportion to the party's percentage of fault."Read Full Statute
Michigan's comparative fault system requires the jury to assign fault percentages to all parties, including the plaintiff. Fault assigned to the plaintiff reduces damages by that percentage; if the plaintiff's fault is greater than the combined fault of everyone else, noneconomic damages are not awarded under state law.
Government defendants routinely argue that civil rights plaintiffs were partially at fault for their own injuries. Countering this with strong evidence of the officer's disproportionate conduct is essential.
We use use-of-force experts and thorough factual investigations to minimize fault assigned to our clients and maximize the share attributed to the government defendants.
"The person seeking to establish fault under sections 2957 to 2959 has the burden of alleging and proving that fault. Sections 2957 to 2959 do not create a cause of action."Read Full Statute
A person seeking to establish fault under Michigan's comparative-fault provisions has the burden of alleging and proving that fault. The statute also says those provisions do not create a separate cause of action.
This provision matters when a defendant tries to reduce recovery through fault allocation. It is not a periodic-payment statute.
We challenge unsupported fault-allocation arguments and require defendants to prove any comparative-fault theory with evidence.
Expert Witnesses & Evidence
3 statutes"In an action alleging medical malpractice, a person shall not give expert testimony on the appropriate standard of practice or care unless the person is licensed as a health professional and, if the party against whom or on whose behalf the testimony is offered is a specialist, specializes in the same specialty as the party."Read Full Statute
Expert witnesses in cases involving professional conduct — including law enforcement — must have appropriate qualifications in the relevant specialty. Use-of-force experts typically must have documented law enforcement training, supervisory experience, and familiarity with departmental policies.
Use-of-force expert testimony is nearly always required in police misconduct cases. An expert whose credentials don't hold up under cross-examination can undermine an otherwise strong case.
We retain nationally recognized law enforcement experts — including former police chiefs, training directors, and use-of-force specialists — whose credentials and methodologies withstand the most aggressive cross-examination.
"In an action for damages alleging negligence or malpractice by a licensed professional, a witness must be qualified as an expert by knowledge, skill, experience, training, or education. The testimony must be based on sufficient facts or data, be the product of reliable principles and methods, and the witness must have applied the principles and methods reliably to the facts of the case."Read Full Statute
Michigan courts apply Daubert-based standards requiring expert testimony to be based on reliable, scientifically sound methodology. Use-of-force experts, forensic pathologists, and neurological experts in police brutality cases must satisfy these requirements to testify before a jury.
Government defendants challenge expert methodology as a strategy to exclude damaging testimony before trial. Working with credentialed experts who apply peer-reviewed, court-tested standards is essential.
Our use-of-force experts apply well-established standards — Graham v. Connor analysis, POST training guidelines, departmental policies — that consistently pass Daubert scrutiny in Michigan courts.
"It is an affirmative defense to a civil action for personal injury that the plaintiff was operating a vehicle while under the influence of intoxicating liquor or a controlled substance and, as a result of that conduct, the plaintiff was 50% or more the cause of the accident or event that gave rise to the action."Read Full Statute
If a plaintiff was 50% or more at fault for their injuries due to intoxication, their claim is barred under Michigan state law. Government defendants sometimes raise this defense when a police brutality victim had alcohol or drugs in their system.
Police departments attempt to use a victim's intoxication as justification for excessive force or to bar recovery entirely. Intoxication does not justify unlawful, disproportionate force against a non-threatening person.
We challenge intoxication defenses by demonstrating that the plaintiff's condition — however impaired — did not constitute a threat that justified the level of force applied. Being intoxicated is not a license for officers to use excessive force.
Procedural Statutes
5 statutes"Where 2 or more persons are jointly or severally liable in tort for the same injury to person or property, or the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them."Read Full Statute
When two or more people are jointly or severally liable in tort for the same injury, property damage, or wrongful death, Michigan law recognizes a right of contribution among them. This is mostly a dispute among liable parties over who pays what share.
Contribution rules may affect settlement posture in multi-defendant state-law claims, but they do not replace the current fault-allocation and several-liability rules or the separate liability rules that can apply to federal civil-rights claims.
We account for contribution and release issues when structuring multi-defendant settlements while preserving the client's collectible recovery.
"Except as otherwise provided in subsections (7) and (8), if the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed... to make the entry or bring the action although the period of limitations has run."Read Full Statute
If the person entitled to sue is under 18 or legally insane when the claim accrues, Michigan generally gives 1 year after the disability is removed to bring the action even if the ordinary limitations period has run.
Children who are victims of police misconduct may have extra time, but the deadline is not simply 3 years after turning 18. The exact deadline depends on accrual, the underlying claim, and the applicable federal or state tolling rules.
We use tolling for minors to preserve civil rights claims on behalf of children injured by police conduct, even when significant time passes before their family consults an attorney.
"If a person dies before the period of limitations has run or within 30 days after the period of limitations has run, an action that survives by law may be commenced by the personal representative of the deceased person at any time within 2 years after letters of authority are issued although the period of limitations has run." The action may not be commenced later than 3 years after the original limitations period has run.Read Full Statute
If a person dies before the original limitations period runs, or within 30 days after it runs, the personal representative may have 2 years after letters of authority are issued to commence a surviving action. The statute also has an outside limit: the action cannot be commenced later than 3 years after the original limitations period has run.
Families who lose a loved one to police violence may have additional time in some circumstances, but probate timing, the underlying claim, and the outside cap have to be calculated carefully.
We apply the wrongful death savings clause in police brutality death cases where victims survived initially but later died from their injuries, preserving the estate's claim.
"If a person who is or may be liable for any claim fraudulently conceals the existence of the claim or the identity of any person who is liable for the claim from the knowledge of the person entitled to sue on the claim, the action may be commenced at any time within 2 years after the person who is entitled to bring the action discovers, or should have discovered, the existence of the claim or the identity of the person who is liable for the claim."Read Full Statute
If a police department or government agency fraudulently concealed evidence of misconduct — destroying records, filing false reports, or hiding body camera footage — the statute of limitations is tolled until the cover-up is discovered. The plaintiff then has 2 years from discovery.
Police cover-ups are unfortunately not rare. When a department destroys evidence, falsifies incident reports, or conceals misconduct, they cannot then argue your lawsuit is time-barred based on a limitations period that ran while they were hiding their wrongdoing.
We identify and document all instances of evidence destruction, report falsification, and cover-up in civil rights cases, using fraudulent concealment to preserve our clients' claims even when misconduct was hidden for years.
"The statutes of limitations or repose are tolled" when the complaint is filed and the summons and complaint are served within the time set by the supreme court rules, when jurisdiction over the defendant is otherwise acquired, or when medical-malpractice notice is given under section 2912b if the claim would otherwise be barred during that notice period.Read Full Statute
The limitations or repose period may be tolled when the complaint is filed and the summons and complaint are served within the time set by the Michigan Supreme Court rules, when jurisdiction over the defendant is otherwise acquired, or when medical-malpractice notice is given under MCL 600.2912b and the claim would otherwise be barred during the notice period.
This statute can matter in specific filing, service, jurisdiction, and medical-malpractice-adjacent situations. It does not create broad tolling for every delay, and civil rights deadlines still need immediate review.
We analyze all applicable tolling provisions in every civil rights case before making any decision about limitations, ensuring we preserve every possible avenue of recovery.
Assault on Pregnant Individuals
2 statutes"A person who intentionally or knowingly causes a miscarriage or stillbirth of a pregnant individual, or causes the death of an embryo or fetus, by committing a criminal act against the pregnant individual is guilty of a crime under this chapter."Read Full Statute
Michigan's Prenatal Protection Act (Laci and Conner's Law) creates a separate criminal offense for assault causing a miscarriage or stillbirth. When police violence against a pregnant woman causes the loss of a pregnancy, criminal charges under this statute may run parallel to a civil rights claim.
Police brutality against pregnant women can cause catastrophic harm that goes beyond the physical injuries to the mother. The criminal statute reflects the seriousness of this harm and supports substantial civil damages claims.
We pursue full damages for pregnancy loss caused by police violence, including the emotional devastation of losing a child due to government misconduct, alongside the mother's physical injury claims.
"A person who commits any of the following acts is guilty of a crime punishable under the applicable subsection: (a) A person who commits an act proscribed under this chapter against a pregnant individual and thereby causes a miscarriage or stillbirth of that individual, or causes the death or serious physical harm of an embryo or fetus... [graduated offenses by trimester and severity of harm]."Read Full Statute
These sections of Michigan's Prenatal Protection Act criminalize causing bodily injury to an embryo or fetus at various stages of development through assault. The statutes establish graded penalties based on the severity of harm — from injury to death — and the stage of development of the unborn child.
When police violence causes injury to an unborn child — from first trimester through near-term pregnancy — criminal charges under these statutes may arise, and the findings support civil damages claims for the mother and the child's estate in the most serious cases.
We pursue all available civil remedies in police misconduct cases involving harm to pregnant women and their unborn children, using the criminal statute framework to establish the full scope of the harm caused.
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Important Notice: Statutory text excerpts shown on this page are provided for reference and educational purposes only. Michigan statutes are subject to legislative amendment and judicial interpretation. Always verify current statutory language at the Michigan Legislature website before relying on any provision. Nothing on this page constitutes legal advice. Contact our attorneys for guidance specific to your situation.
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