Personal Injury Lawsuit in Michigan
Filing a personal injury lawsuit in Michigan is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
3 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
No-Fault
Auto System
$15,000 – $75,000
Avg Settlement
Lawsuit Steps in Michigan
Hire an Attorney
Most personal injury attorneys in Michigan work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Michigan court. You must file within 3 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Michigan court rules.
Key Michigan Law Facts
Michigan has one of the most expansive no-fault auto insurance systems in the US under MCL § 500.3101 — PIP coverage pays all reasonably necessary medical expenses without time or dollar limit for catastrophic injuries, along with lost wages and household replacement services.
Under Michigan's 2019 auto insurance reform (PA 21), drivers may now choose from multiple PIP coverage levels or opt out entirely if covered by Medicare, creating a tiered system that significantly changed Michigan's unique no-fault framework.
The statute of limitations for personal injury claims in Michigan is 3 years under MCL § 600.5805; however, auto accident no-fault PIP claims must be filed within 1 year of the accident, with a separate 3-year period for third-party tort claims.