Tort Liability

Michigan Tort Liability Arising From Motor Vehicle Accident

In Michigan, pursuant to M.C.L. 500.3135, an accident victim can pursue tort liability for certain types of damages and under certain circumstances. These damages are for non-economic losses. Under this Section, you cannot sue someone for non-economic damages that arise out of the use of a motor vehicle unless you, as the injured victim, suffered a “threshold injury.”

Under Michigan law, there are three types of threshold injuries:

  • Death
  • Serious impairment of a body function
  • Permanent serious disfigurement

In other words, if you or a loved one suffered one of these types of threshold injuries, then you or that person may bring a lawsuit to recover non-economic damages against a tort feasor (person that caused your injuries) whether he or she was insured with no-fault insurance.

To learn whether you have a case for tort liability, contact an expert Michigan car accident lawyer. If you cannot find a good one, we will be happy to refer you to one of the best car accident law firms in Michigan. Contact us to learn about your rights and what you are entitled to collect and set up a free case review with one of the leading expert car accident law firms in Michigan.

Serious Impairment of a Body Function

Section 3135(7) defines “serious impairment of body function” as:

an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life.

Statute of Limitations – 3 Years

In Michigan, the statute of limitations — the time period you are allowed to bring a lawsuit — for automobile tort claims is 3 years from the date of the accident. For this reason, it is important to contact a car accident lawyer as soon as possible following a car accident in order to protect your legal rights.

Going After Excess Economic Loss Claims

Pursuant to Section 3135(3), if the tort feasor you bring a lawsuit against was insured with no-fault insurance, then you can go after excess economic loss claims for allowable expenses, work loss and survivor’s loss, all which have limitations under personal protection benefits paid by the no-fault insurance company.

Going after excess economic losses does not require that there be a threshold injury. However, excess enconomic loss claims do not include excess enconomic losses for loss of earning capacity.

To learn more whether you have a case to pursue excess economic losses, please set up a free case review today.