Name: Koussan Law - Marquette
Address: 425 S 3rd St, Marquette, MI, 49855, US
Telephone: +1-313-800-0000
Price range: Contingency

The Question Every Personal Injury Client Asks

"How much is my case worth?" is the first question every Michigan personal injury client asks. It is also the question that no honest attorney can answer with precision on day one. Case value depends on damages categories, threshold rules, statutory caps, comparative fault, the available insurance coverage, and — the part most marketing pages skip — the trial track record of the firm handling the case.

This guide gives the actual framework Michigan trial lawyers use to value a personal injury case in 2026. Read it once, and you will have a clearer picture of what your case is worth than 95 percent of the people calling injury firms in this state.

The Two Categories of Damages

Michigan personal injury damages fall into two categories.

Economic damages are numbers with receipts — the documented, projectable financial losses caused by the injury. These include past and future medical expenses, past and future lost wages, loss of earning capacity, household services, modifications to a home or vehicle, attendant care, and out-of-pocket expenses. Economic damages are quantifiable. A vocational economist and a life-care planner can project them in present-value terms decades into the future.

Non-economic damages compensate for what cannot be invoiced — pain, suffering, loss of enjoyment of life, scarring and disfigurement, mental anguish, loss of consortium for a spouse. These are valued by juries, by precedent verdicts in similar cases, and by what insurance carriers will pay in negotiated settlement. For a deeper treatment of this category, see our Michigan pain and suffering damages guide.

Economic Damages: The Components

The economic damages calculation in a serious Michigan injury case typically includes:

Past medical expenses. Every emergency-room bill, surgery, imaging study, physical therapy session, prescription, durable medical equipment purchase, and provider visit since the date of injury. Original billed amounts (not contractual write-offs) are recoverable in most Michigan personal injury contexts.
Future medical expenses. Projected by a treating physician and quantified by a life-care planner. Includes surgeries the plaintiff has not yet undergone, ongoing therapy, attendant care, durable medical equipment, prescription costs, and home modifications.
Past lost wages. Documented from the date of injury through trial. Pay stubs, tax returns, and employer records establish the loss.
Future lost wages and lost earning capacity. Projected by a vocational economist, who calculates the present value of the difference between what the plaintiff would have earned without the injury and what they can earn now. In catastrophic cases this is often the single largest line item.
Household services. The dollar value of cooking, cleaning, child care, lawn care, home maintenance, and other services the injured person can no longer perform.
Out-of-pocket costs. Mileage to medical appointments, co-pays, deductibles, and similar documented expenses.

Non-Economic Damages: How Juries and Carriers Value Pain and Suffering

There is no formula. There is no "3x medicals" rule that actually controls jury awards. Insurance carriers internally use multiplier ranges as a settlement-negotiation tool, but those numbers are negotiating positions, not legal limits.

Pain and suffering is not capped in Michigan auto accident, slip-and-fall, premises liability, or product liability cases. It IS capped in medical malpractice cases (MCL § 600.1483), with two tiers adjusted annually for inflation — for 2026, the standard cap is $596,400 and the higher cap is $1,065,000 for specified catastrophic injuries (paralysis with total permanent functional loss of a limb, permanently impaired cognitive capacity, or permanent loss of reproductive ability). For all other personal injury cases, juries can award what the evidence supports. See our Michigan medical malpractice damages caps guide for the full framework.

What juries actually award depends on injury severity, duration, age of the plaintiff, and the persuasive case presented. Anchor numbers from prior verdicts and settlements in similar cases inform settlement negotiations.

The Michigan No-Fault Wrinkle (Auto Cases Only)

For auto accidents, the analysis adds two complications:

The serious-impairment threshold. Under MCL § 500.3135, pain-and-suffering damages from the at-fault driver are recoverable only if your injuries result in death, permanent serious disfigurement, or serious impairment of body function. Cases that fail the threshold are limited to PIP benefits and the $3,000 mini-tort.
PIP carve-outs. You cannot sue the at-fault driver for medical expenses already paid by your PIP carrier. Third-party recovery is for medical expenses NOT covered by PIP, lost wages above the PIP cap, and non-economic damages.

For the complete no-fault framework, see our Michigan No-Fault Insurance guide.

Comparative Fault: How Your Recovery Gets Reduced

Michigan follows modified comparative negligence under MCL § 600.2959. Your damages are reduced by your percentage of fault. If you were 25 percent at fault, your recovery is reduced by 25 percent.

The 50-percent threshold matters: if you are 50 percent or more at fault, you cannot recover non-economic damages (pain and suffering). Economic damages remain recoverable but are still reduced by your percentage of fault. Many cases come down to a comparative-fault contest, where the difference between 49 percent and 51 percent is the difference between a six-figure recovery and an effectively dead case. Our Michigan comparative fault guide explains how insurers weaponize this rule and how to defeat it.

Damages Caps: Where Michigan Limits Recovery

Michigan caps damages in specific contexts:

Medical malpractice non-economic damages (MCL § 600.1483): Two-tier cap, inflation-adjusted annually by the state treasurer. For 2026: $596,400 standard; $1,065,000 for the statute's catastrophic-injury tier.
Mini-tort vehicle damage: $3,000 cap (MCL § 500.3135(3)(e)). See our Michigan mini tort guide.
Government tort claims: Various statutory caps depending on entity and claim type.
Punitive damages: Generally unavailable in Michigan, except in narrow categories like intentional torts.

For everything else — auto accidents, slip-and-falls, product liability, wrongful death — there is no statutory cap on damages.

Realistic Settlement Ranges by Case Type

These are approximate ranges based on Michigan personal injury practice. Each case is fact-specific; do not treat these as quotes.

Soft-tissue auto injury, full recovery in 3-6 months: $5,000-$30,000 settlement range.
Herniated disc, no surgery: $25,000-$100,000 range, sometimes higher.
Herniated disc with surgery: $100,000-$500,000 range.
Mild TBI with documented neuropsychological deficits: $100,000-$1,000,000+ range.
Moderate-to-severe TBI: $1,000,000-$10,000,000+ range.
Spinal cord injury / paralysis: $1,000,000-$15,000,000+ range.
Wrongful death (working-age adult): $500,000-$5,000,000+ range, heavily dependent on lost earnings projection.
Premises liability with serious permanent injury: $100,000-$6,000,000+ range. Koussan Law's $6M slip-and-fall settlement illustrates the high end.
Medical malpractice (capped non-economic, uncapped economic): highly variable based on injury severity and the applicable damages cap tier.
Sexual assault and institutional negligence: uncapped non-economic damages, eight-figure verdicts possible. Koussan Law's $14.95M jury verdict against Pontiac General Hospital sits in this category.

Two factors drive cases to the top of their ranges: (1) documented permanent injuries with objective imaging or testing, and (2) a competent firm that invested in life-care planners, vocational economists, and expert witnesses.

What Insurance Companies Pay vs. What Juries Award

Most cases settle. Insurance companies value cases at roughly 60-80 percent of a likely jury verdict, discounted further if liability is contested or your firm is unwilling to try the case. The single biggest factor in moving a settlement offer up is the carrier's belief that you will actually go to trial. Firms that try cases get higher settlements; firms that don't, don't.

Why Cases That Look Similar Settle for Very Different Amounts

Two clients with identical herniated discs can resolve at $75,000 and $400,000. The differences:

Whether the disc required surgery vs. conservative care
Whether the surgery worked or left chronic pain
Whether the plaintiff could return to their pre-injury job
Whether liability was clear or contested
The insurance coverage available
The firm's trial track record
Plaintiff's age (earning capacity over remaining work-life)
The forum (which Michigan county a jury sits in)
The defendant (corporate vs. individual)

Choosing the right firm is itself a value decision — our guide on how to choose a Michigan personal injury lawyer covers the questions to ask before you sign a retainer.

Frequently Asked Questions About Michigan Personal Injury Case Value

How much is the average Michigan personal injury settlement?

There is no meaningful "average" — the range from a soft-tissue auto case to a catastrophic TBI is five orders of magnitude. Most Michigan auto claims settle in the $10,000-$75,000 range. Serious or permanent injury cases routinely settle in six figures. Catastrophic cases (TBI, spinal cord, wrongful death) routinely produce seven figures.

How do I calculate the value of my Michigan personal injury case?

Calculate past and future economic damages (medical bills, lost wages, future care). Add a reasonable estimate of non-economic damages based on similar Michigan verdicts. Subtract any percentage of fault assigned to you. Subtract any statutory cap that applies. The result is your case's gross value before insurance coverage limits and litigation costs.

Is there a cap on pain and suffering damages in Michigan?

Only in medical malpractice cases (MCL § 600.1483), with a two-tier cap adjusted annually for inflation — $596,400 standard and $1,065,000 for the catastrophic tier in 2026. Auto accidents, slip-and-falls, premises liability, product liability, and most other personal injury cases have no cap on non-economic damages.

Does Michigan allow punitive damages?

Generally no. Michigan does not allow punitive damages in most personal injury cases. Narrow exceptions exist for intentional torts. "Exemplary damages" are available in specific statutory contexts (e.g., conversion under MCL § 600.2919a) but not in typical negligence cases.

How does fault affect my Michigan injury settlement?

Modified comparative fault under MCL § 600.2959 reduces your damages by your percentage of fault. If you are 50 percent or more at fault, you cannot recover non-economic damages. Economic damages are still recoverable but reduced. Full breakdown in our comparative fault guide.

Can I recover lost wages in a Michigan personal injury case?

Yes. Past lost wages from the date of injury to recovery (or to settlement/trial). Future lost wages or lost earning capacity for permanent injuries. In auto cases, PIP covers 85 percent of gross wages up to a monthly cap for up to three years; third-party tort recovery handles wages exceeding the PIP cap and periods beyond three years.

What is loss of earning capacity?

Loss of earning capacity is the lifetime difference between what you would have earned without the injury and what you can earn now. A vocational economist projects both numbers using your work history, education, age, and the medical restrictions imposed by your injuries. Present-valued, this is often the single largest line item in serious injury cases.

How long does a Michigan personal injury case take to settle?

Most personal injury cases resolve 12-36 months after filing suit. Catastrophic cases involving disputed liability or expert-heavy damages often take longer. Settling too quickly — before reaching Maximum Medical Improvement — almost always undervalues the case. Our guide on how long a Michigan personal injury lawsuit takes walks through each phase of the timeline.

What is Maximum Medical Improvement (MMI)?

MMI is the point at which your medical condition has stabilized and further treatment is unlikely to improve your function. Settling a third-party tort claim before reaching MMI almost always undervalues future damages because the long-term impact of the injury is not yet known.

How are damages calculated in a Michigan wrongful death case?

Under MCL § 600.2922, wrongful death damages include the deceased's lost future earnings, loss of household services, medical and funeral expenses, conscious pain and suffering before death, and non-economic damages for surviving family members (loss of society and companionship). Outside of medical malpractice, there is no cap.

How much can I sue for emotional distress in Michigan?

Emotional distress damages in Michigan are recoverable as part of non-economic damages when accompanied by physical injury. Standalone emotional distress claims (without physical injury) are narrower but available in specific contexts — bystander cases, intentional infliction. No cap outside the medical malpractice context.

How much will my Michigan personal injury attorney take from my settlement?

Standard contingency fee in Michigan personal injury cases is one-third of the recovery (33.3 percent) for cases settled pre-trial, sometimes rising to 40 percent if the case goes to trial. Costs (filing fees, expert fees, deposition transcripts, medical records) are reimbursed from the recovery. Always confirm the fee structure in writing before signing a retainer. Full cost breakdown in our guide on how much it costs to hire a Michigan personal injury lawyer.

What is a Michigan personal injury case worth without surgery?

Cases that resolve with conservative care (physical therapy, injections, no surgery) generally settle in the $10,000-$100,000 range. Cases requiring surgery typically settle in the $100,000-$500,000+ range. Cases involving permanent disability or career-ending injury can reach seven figures.

How do I prove my Michigan personal injury case is worth what I claim?

Documented medical records. Imaging that confirms objective injury. Expert opinions from treating physicians on causation, prognosis, and future care needs. A life-care planner's projection. A vocational economist's wage-loss model. Testimony from family and coworkers describing the pre-injury vs. post-injury impact on your life. Settlement leverage comes from preparing the case as if it will go to trial.

What is the largest Michigan personal injury settlement?

Michigan has seen verdicts in the tens of millions for catastrophic injuries and medical malpractice. Koussan Law has secured a $14.95 million jury verdict against Pontiac General Hospital in a sexual assault and institutional negligence case. Recent appellate opinions and settled cases include awards above $25 million in catastrophic injury and birth injury contexts.

How Koussan Law Handles Michigan Personal Injury Cases

We accept Michigan personal injury cases on contingency — you pay nothing unless we recover. We have secured a $14.95 million jury verdict against Pontiac General Hospital in a sexual assault and institutional negligence case, a $6 million slip-and-fall settlement, multiple seven-figure auto and wrongful death recoveries, and arguments before the Michigan Supreme Court. We accept Michigan cases statewide from our offices in Detroit, Dearborn Heights, and Marquette.

If you have been injured in Michigan and want a candid assessment of what your case is actually worth, request a free consultation, use our free case calculator, or call (313) 800-0000.

Related Practice Areas

Past results do not guarantee future outcomes. Every personal injury case is fact-specific and case value depends on injury severity, comparative fault, applicable damages caps, insurance coverage, and qualified expert review. The settlement ranges discussed in this article are illustrative only and do not constitute a quote or prediction of value in any individual case. Damages-cap figures reflect the Michigan Department of Treasury's 2026 adjustment notice and change annually. This article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship with Koussan Law.

How Much Is My Michigan Personal Injury Case Worth? The Complete 2026 Guide

June 13, 2026