Injured due to someone else's negligence in Michigan? Koussan Law has recovered millions for personal injury victims. $14.95M verdict. Free consultation.
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General Personal Injury
What I've Learned Recovering Millions for Michigan Injury Victims
Personal injury law covers an enormous range — car crashes, medical errors, slip and falls, defective products, dog bites, workplace incidents. What connects every case I handle is a straightforward principle: when someone's negligence hurts you, they pay for the damage. Not a portion of it. All of it.
Koussan Law has recovered a $14,950,000 jury verdict and a $6,000,000 slip and fall settlement, among millions more across Michigan. I tell you this not to brag — I tell you because it shows we don't settle for what insurance companies offer. We go get what the case is actually worth.
How Michigan Personal Injury Law Actually Works
Michigan recognizes two main theories of liability. Negligence — the most common — requires proving the defendant owed you a duty of care, breached it, and caused your injuries. Think a distracted driver running a red light, a doctor missing a diagnosis, a landlord ignoring a broken staircase. The second is strict liability, which applies in cases like dog bites under MCL § 287.351 and defective products. You don't need to prove negligence — just that the product was defective or the dog caused harm.
What makes Michigan different from most states is our modified comparative fault rule under MCL § 600.2959. You can recover even if you share blame for the accident — as long as you're less than 50% at fault. Your damages get reduced by your percentage of fault, but you still recover. I've taken cases other firms rejected because they thought comparative fault would sink the claim. In most of those cases, a real investigation flipped the fault analysis entirely.
Frequently Asked Questions
Q: What is the difference between negligence and strict liability in Michigan?
Negligence under MCL § 600.2959 requires proving someone breached a duty of care — they did something wrong or failed to do something right. Strict liability doesn't require proving fault at all. Michigan applies strict liability to dog bite cases (MCL § 287.351 — the owner is liable regardless of whether the dog has bitten before) and defective products. The distinction matters because it changes what evidence you need and how strong your case is from the start.
Q: Can I recover if I was partly at fault for my injury?
Yes, under MCL § 600.2959, Michigan's modified comparative fault rule allows recovery as long as you're less than 50% responsible. Your damages are reduced proportionally. At 50% or more, you recover nothing. Insurance adjusters routinely inflate your fault percentage to reduce payouts — it's one of the first things I challenge when I review a case.
Q: What is the statute of limitations for personal injury claims in Michigan?
The general deadline is three years from the date of injury under MCL § 600.5805. But exceptions can shorten that dramatically: medical malpractice is two years (MCL § 600.5805(8)), no-fault PIP claims are one year (MCL § 500.3145), and claims against government entities require a 120-day notice under MCL § 691.1404. Every week you wait narrows your options.
Q: What damages can I recover in a Michigan personal injury case?
Economic damages include medical expenses (past and future), lost wages, rehabilitation costs, and any out-of-pocket losses tied to your injury. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Michigan caps non-economic damages only in medical malpractice cases (MCL § 600.1483) — all other personal injury claims have no cap, which means the severity of your injury is the only limit on what you can recover.
Personal Injury in Michigan
Personal injury encompasses a wide range of legal cases that arise when an individual suffers harm due to the negligence, recklessness, or intentional actions of another party. In Michigan, personal injury law is designed to provide recourse for those who have been injured and to ensure that they receive compensation for their losses.
Personal injury refers to any physical, emotional, or psychological harm suffered by an individual as a result of someone else's wrongful conduct. This can include injuries sustained in accidents such as car crashes, slip and falls, medical malpractice, workplace accidents, and more. Personal injury cases are based on the legal concept of negligence, which holds individuals and entities responsible for their actions or failure to act with reasonable care.
The significance of personal injury cases lies in the impact they have on the lives of the injured individuals and their families. A personal injury can result in significant medical expenses, lost wages, pain and suffering, and long-term disabilities. Seeking compensation through a personal injury claim can help victims recover financially, hold negligent parties accountable, and prevent similar incidents from occurring in the future.
Common Types of Personal Injury Cases
Motor Vehicle Accidents
Motor vehicle accidents, including car crashes, truck accidents, motorcycle collisions, and pedestrian accidents, are a leading cause of personal injury in Michigan. These accidents can result in serious injuries such as whiplash, broken bones, traumatic brain injuries, and spinal cord injuries.
Slip and Fall Accidents
Slip and fall accidents occur when individuals slip, trip, or fall due to hazardous conditions on someone else's property. These hazards may include wet floors, uneven surfaces, icy sidewalks, or debris left in walkways. Slip and fall accidents can lead to injuries such as fractures, sprains, and head injuries.
Medical Malpractice
Medical malpractice occurs when healthcare providers fail to provide the accepted standard of care, resulting in harm to patients. Examples of medical malpractice include surgical errors, misdiagnosis or failure to diagnose, medication errors, birth injuries, and nursing home negligence.
Workplace Injuries
Workplace injuries can occur in any job setting and may result from accidents, unsafe working conditions, or exposure to hazardous substances. Common workplace injuries include falls, repetitive strain injuries, machinery accidents, and chemical exposure. Workers' compensation laws in Michigan provide benefits to employees who suffer work-related injuries or illnesses.
Product Liability
Product liability cases arise when defective or dangerous products cause harm to consumers. This can include defective automobiles, pharmaceutical drugs, medical devices, household appliances, and children's toys. Product liability claims may be based on defects in design, manufacturing, or inadequate warnings or instructions.
Understanding Personal Injury Laws in Michigan
Overview of Negligence Laws
In Michigan, personal injury cases are primarily governed by the principle of negligence. Negligence occurs when a person or entity fails to exercise reasonable care, resulting in harm to another individual. To prove negligence in a personal injury case, the plaintiff must establish four elements: duty, breach of duty, causation, and damages. Michigan follows the doctrine of comparative negligence, which allows a plaintiff to recover damages even if they are partially at fault for the accident, although their recovery may be reduced proportionately to their degree of fault.
Statute of Limitations+ for Filing a Personal Injury Claim
Michigan law imposes a statute of limitations+, which sets a time limit within which a personal injury lawsuit must be filed. In most personal injury cases, including those arising from motor vehicle accidents, slip and fall accidents, and medical malpractice, the statute of limitations+ in Michigan is three years from the date of the accident or injury. It's crucial to file a lawsuit within this timeframe, as failing to do so may result in the loss of the right to seek compensation.
Comparative Negligence Rules
Michigan follows a modified comparative negligence rule in personal injury cases. Under this rule, a plaintiff can still recover damages even if they are partially at fault for the accident. However, their recovery will be reduced in proportion to their percentage of fault. If the plaintiff is found to be 50% or more at fault for the accident, they will be barred from recovering any damages.
Damage Caps and Limitations
Michigan does not impose specific caps on damages in most personal injury cases. However, there are limitations on the types of damages that can be recovered in certain situations. For example, non-economic damages, such as pain and suffering, are subject to a statutory cap in medical malpractice cases. Additionally, damages for medical expenses may be limited by the plaintiff's insurance coverage or other factors.
Services Offered by Koussan Law
A lawyer consults with a client
FREE Initial Consultation
Importance of an Initial Consultation:
We recognize that every personal injury case is unique, and the first step in the legal process is to understand the specifics of your situation. That's why we offer a free initial consultation to discuss your case, evaluate your legal options, and provide you with personalized advice.
What to Expect:
During your free initial consultation, you can expect our attorneys to listen attentively to your story, ask relevant questions to gather necessary information, and assess the strengths and weaknesses of your case. We will provide honest and compassionate guidance on how to proceed, ensuring that you fully understand your rights and options.
Investigation and Case Evaluation
Thorough Investigation:
Our team will conduct a comprehensive investigation into the circumstances surrounding your accident or injury. This may include gathering evidence, interviewing witnesses, obtaining medical records, and consulting with experts to build a strong case on your behalf.
Case Evaluation:
After gathering all relevant information, we will carefully evaluate the merits of your case to determine the best course of action. We will assess liability, potential damages, and the likelihood of success, allowing us to develop a strategic approach tailored to your specific needs and goals.
Negotiation with Insurance Companies
Effective Communication:
Dealing with insurance companies can be daunting, especially when you're recovering from injuries. Our attorneys will handle all communications with insurance adjusters on your behalf, ensuring that your rights are protected and that you are not taken advantage of during settlement negotiations.
Pursuing Fair Compensation:
We will vigorously advocate for your interests and pursue fair compensation for your injuries, medical expenses, lost wages, pain and suffering, and other damages. Our goal is to achieve a settlement that fully compensates you for your losses and helps you move forward with your life.
Litigation and Court Representation
Filing a Lawsuit if Necessary:
While we strive to resolve cases through negotiation and settlement, we are prepared to take your case to court if needed. Our skilled litigators will prepare and file all necessary legal documents, adhere to court deadlines, and represent you in court proceedings with professionalism and tenacity.
Zealous Advocacy:
Whether in negotiations or litigation, we will tirelessly advocate for your rights and interests, fighting to hold negligent parties accountable and secure the justice and compensation you deserve.
Why Choose Koussan Law
Experience and Expertise
With years of experience in personal injury law, our attorneys have a deep understanding of the legal complexities and nuances involved in these cases. We have successfully represented countless clients in a wide range of personal injury matters, from motor vehicle accidents to medical malpractice claims. Our track record of success speaks for itself, and we are committed to leveraging our knowledge and expertise to achieve the best possible outcome for you.
Client-Centered Approach
At Koussan Law, we prioritize the needs and concerns of our clients above all else. We understand that every case is unique, and we take the time to listen carefully to your story, answer your questions, and address your concerns. Our client-centered approach means that you will receive personalized attention and compassionate support at every step of the legal process. We are dedicated to keeping you informed and involved in your case, ensuring that you feel confident and empowered throughout.
Contact Koussan Law
To schedule a FREE consultation with one of our experienced attorneys, please contact us today. Your initial consultation is free, and it's an important first step in understanding your rights and options for pursuing compensation for your injuries. Don't wait—take action now to protect your rights and seek the justice you deserve.
CALL US TODAY AT (313) 800-0000 TO SPEAK WITH OUR LEGAL TEAM.
+Please Read the Disclaimer Page regarding Statute of Limitations
Our Practice Areas
At Koussan Law, no case is too complex. Whether it’s a trucking accident, lead poisoning, or a child’s rights violation, our experienced attorneys are committed to achieving justice for you and your loved ones.
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