Personal Injury Deposition in Michigan
A deposition is sworn out-of-court testimony taken during the discovery phase of yourMichigan personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$15,000 – $75,000
Avg Settlement
3 years
Filing Deadline
Deposition Tips for Michigan Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
Michigan Law Overview
Michigan historically had the most generous no-fault auto insurance system in the country, with unlimited PIP benefits for catastrophic injuries. The 2019 reform (PA 21) allowed drivers to select lower PIP levels or opt out if covered by Medicare, trading some protections for lower premiums. Third-party tort lawsuits against at-fault drivers require meeting a serious impairment of body function threshold. Michigan applies modified comparative fault with a 51% bar for tort claims. The statute of limitations is 3 years for personal injury, with a separate 1-year limit for PIP benefits. Michigan's automotive industry history creates significant product liability and workers' compensation litigation. The Michigan Catastrophic Claims Association (MCCA) funds unlimited PIP for catastrophic injuries above a per-claimant threshold. Medical malpractice claims in Michigan have a 2-year statute of limitations and require an affidavit of merit. Noneconomic damages in malpractice cases are capped under MCL § 600.1483.