Comparative Negligence in Michigan Personal Injury Cases

Comparative Negligence in Michigan Personal Injury Cases

When you’re injured in an accident, one of the most important factors in determining your compensation is whether you were partially responsible for the incident. Michigan uses a specific legal principle called comparative negligence to assess this. If you’re pursuing a personal injury claim in Michigan, it’s crucial to understand how comparative negligence can impact the amount of compensation you’re eligible for.

In this blog, we’ll break down the basics of comparative negligence, how it works in Michigan, and what you need to know if you’ve been involved in a personal injury case.

What is Comparative Negligence?

Comparative negligence is a legal rule used to allocate fault in personal injury cases. In essence, it means that if you’re injured in an accident, your compensation may be reduced if you were partially responsible for causing the incident. In Michigan, this rule falls under the category of modified comparative negligence.

Under this system, the degree to which each party involved in an accident is at fault determines how much compensation they can receive. If you’re found to be partially at fault for your injuries, your compensation will be reduced by your percentage of fault.

Michigan's Modified Comparative Negligence Rule

Michigan follows the modified comparative negligence rule with a “50% bar.” This means that you can still recover damages even if you were partially responsible for the accident, but only as long as you were less than 51% at fault.

If you’re found to be 51% or more at fault, you are not eligible to recover any damages. This is an important distinction because it means that if you’re deemed to be equally or more responsible than the other parties involved, your claim will be dismissed.

To illustrate, if you’re involved in an accident and you are found to be 51% at fault, you would not be able to receive any compensation, even if the other party was negligent as well.

How is Fault Determined?

Determining fault in a Michigan personal injury case is not always straightforward. Several factors can come into play, and each case is unique. Insurance companies, lawyers, and courts will look at the specific circumstances of the accident, including:

• Eyewitness testimony: Statements from those who saw the accident happen can be critical in establishing fault.
• Police reports: A police officer's report can provide a neutral third-party view of the accident, outlining who was cited for violations or who seemed to cause the crash.
• Evidence at the scene: This includes things like skid marks, vehicle damage, or any traffic cameras that may have captured the incident.
• Medical reports: These help determine the severity of injuries and whether they match the type of accident that occurred.

The goal is to determine the degree of fault for each party involved. Once the fault is established, it can then be used to adjust any damages or compensation owed. If you are the plaintiff (the injured party), your own negligence will reduce the amount you can recover, but only if you were less than 51% at fault.

How Does Comparative Negligence Affect Settlement Negotiations?

In Michigan, insurance companies and lawyers will often engage in settlement negotiations to avoid the cost and time associated with going to trial. If you are partially responsible for the accident, the amount you can recover may be reduced during these negotiations.

It’s important to understand that even if you believe the other party is largely at fault, an insurance company or defense attorney may try to argue that you share some degree of fault. If your case goes to trial, the jury will decide how much fault each party shares.

Because Michigan’s comparative negligence rule reduces damages based on your level of responsibility, your attorney may work hard to minimize your fault to ensure the best possible settlement or verdict.

Why Is It Important to Work with an Experienced Attorney?

Navigating a personal injury claim can be difficult, especially when comparative negligence is involved. If you're partially at fault for your injuries, it's important to have an experienced attorney by your side to ensure that your case is properly handled. A lawyer can help gather evidence, present witnesses, and argue that your level of fault is minimal or not enough to bar your recovery.

Your attorney will also help you understand the value of your claim and work with the other party’s insurance company to negotiate a fair settlement. They can assist in ensuring that you don't bear more than your fair share of fault and can maximize your recovery.

Protect Your Rights with Smith & Johnson

Comparative negligence plays a crucial role in Michigan personal injury law, ensuring that fault is fairly divided among all parties involved in an accident. Although it can add complexity to your case, it also ensures that you’re only held responsible for the portion of the accident you caused. If you’ve been injured and are partially at fault, understanding Michigan’s comparative negligence rule is key to determining the compensation you may be entitled to.

At Smith & Johnson, our experienced personal injury attorneys can help you navigate the complexities of comparative negligence and fight for the compensation you deserve. If you've been involved in an accident and are unsure how comparative negligence might impact your claim, don’t hesitate to contact us for a consultation. Let us help protect your rights and secure the justice you deserve.