Michigan Personal Injury
MCJI Chapter 43
In cases in which joint tort-feasor liability remains, this instruction is unnecessary because in actions based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death that involve fault of more than one person including third-party defendants and nonparties (unless otherwise agreed by all parties), the jury is required to determine the percentage of the total fault of each person that contributed to the death or injury. MCL 600.6304(1)(b) . ... [Read More]
MCJI Chapter 42
This instruction should be used only for personal injury actions filed on or after October 1, 1986, relating to causes of action arising on or after October 1, 1986. See 1986 PA 178, §§2 and 3. “ ‘Personal injury’ means bodily harm, sickness, disease, death, or emotional harm resulting from bodily harm.” MCL 600.6301 . ... Chapter 42: Allocation of Fault (Personal Injury Action) Printable Version ... This instruction should be used only for actions filed on or after March 28, 1996, that are based on tort or another legal theory seeking damages for personal injury, property damage, and wrongful death and that involve fault of more than one person including an identified nonparty. See ... [Read More]
Know Your Rights
If you are the owner or registrant of a vehicle required to be registered in Michigan, then you are required by law to carry a no-fault automobile insurance policy. Required coverages include bodily injury/property damage (BI/PD), personal injury protection (PIP), and property protection insurance (PPI). These required coverages do not pay for damage to your vehicle nor do they cover theft. If you want your insurance company to cover damage to your vehicle or to cover theft, you may choose to carry collision coverage and/or comprehensive coverage. ... [Read More]
MCJI Chapter 50
M Civ JI 50.21 Personal Injury Action: Definition of Economic Loss and Noneconomic Loss Damages; Separation of Future Damages by Year ... M Civ JI 50.21 Personal Injury Action: Definition of Economic Loss and Noneconomic Loss Damages; Separation of Future Damages by Year ... It is the loss of earning capacity for which damages are awarded as a result of a personal injury. Canning v Hannaford , 373 Mich 41; 127 NW2d 851 (1964); Prince v Lott , 369 Mich 606; 120 NW2d 780 (1963); Harris v Wiener , 362 Mich 656; 107 NW2d 789 (1961). The injured party may recover for loss of earning capacity although he or she may have received salary, wages or other compensation during the time he or she was incapacitated. Motts v Michigan Cab Co , 274 Mich 437; 264 NW 855 (1936); Canning . ... [Read More]
Claim Form
In accordance with MCL 600.6419 (10) or MSA 27A.6419, the State Administrative Board is vested with authority upon advice of the Attorney General to consider and allow claims against the State of Michigan, its departments, officers, and colleges and universities for an amount less than $1,000.00 for the loss of personal property or personal injury. The State Administrative Board is vested with authority to delegate its authority to determine whether to allow any claim of $500.00 or less by a State employee for loss or damage to personal property to the head of the State department in which the claimant is employed, pursuant to MCL 600.6420. or MSA 27A.6420. Claims for eye glasses, jewelry over $50.00, cash over $100.00 and personal vehicle claims must come before the Board. All other forms of compensation must be considered prior to any payment by the State. This would include personal insurance or vehicle insurance. Claims for highway defects are decided und ... [Read More]
CIREN
The CIREN database consists of multiple discrete fields of data concerning severe motor vehicle crashes, including crash reconstruction and medical injury profiles. Personal and location identifiers and highly sensitive medical information have been removed from the public files to protect patient confidentiality. CIREN cases, extending back to 1996, for which coding and quality control have been completed, are available for public viewing. Additional cases are released to the public as they become available. ... [Read More]
MCJI Chapter 53
In non-personal injury actions, plaintiffs' attorneys commonly agree that the trial judge not give this instruction in exchange for defense attorneys' agreement that the judge not give MCivJI 53.03 Future Damages-Reduction to Present Cash Value, sometimes with the further agreement that the judge will make these computations after the jury returns its verdict. If the trial judge is to make these computations, the jury will still have to determine when the pre-complaint damages accrued and when the future damages will be sustained. (Note that in personal injury actions, MCivJI 53.03 is not given to the jury because the trial judge reduces future damages to present cash value. See comment to MCivJI 53.03 .) ... [Read More]
Michigan Catastrophic Claims Association
BACKGROUND The Michigan Catastrophic Claims Association (MCCA) was established by Act 136, P.A. 1978 (Section 500.3104 of the Michigan Compiled Laws). The Legislature created MCCA because smaller insurance companies had difficulty obtaining reinsurance for Michigan's no-fault policies, which provided for unlimited personal injury benefits. MCCA reimburses no-fault automobile insurers for amounts paid on no-fault personal injury protection claims in excess of $250,000. Michigan is the only state offering unlimited personal injury benefits. The other states have placed dollar limits on the amount of coverage available. ... [Read More]
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