If you’ve been in an accident, you have probably replayed the moment a hundred times in your head. And you might be asking yourself, “Can I still file a personal injury claim if I was partly at fault in Michigan?”
Since Michigan uses a system called modified comparative fault, you might own a slice of the responsibility, but that doesn’t automatically mean you lose your entire case. Here is what that means, so you know where you stand with your claim.
Michigan’s Modified Comparative Fault Rule
Michigan follows a modified comparative negligence system with a 51% bar under MCL § 600.2959. Here is how it works:
- You can recover damages if you are 50% or less at fault.
- If you are 51% or more at fault, you can still recover economic damages, but you cannot recover non-economic damages like pain and suffering
So, if you were partly responsible, Michigan does not automatically shut the door on your claim.
What Happens if You’re Partly at Fault?
If you were involved in a car accident but might have been going a little over the speed limit, you could have some responsibility for the accident. In these cases, your compensation gets reduced by your percentage of fault.
So, if:
- Your total damages are $100,000
- You’re found 20% at fault
Your recovery is reduced to $80,000.
Unfortunately, that adjusted amount can make a huge difference when you’re facing medical bills, lost wages, and the aftermath of an injury.
What About Pain and Suffering?
Michigan law covers this as well. If you’re 50% or less at fault, you can recover pain and suffering damages. However, if you are over that amount, you cannot recover pain and suffering, but you can still recover economic damages.
These economic damages may include:
- Medical bills
- Future medical care
- Lost wages
- Reduced earning capacity
- Property damage
Everyone makes mistakes, and if your level of fault reaches the 51% rule, you may still have a claim.
What If You’re Not Sure Whether You Were at Fault?
The insurance companies will try to assign as much fault as possible. They do this because it means a smaller payout. This is why determining fault is important for any claim.
Sometimes, after an incident, you might forget what led to it. Fault is not assigned due to feelings or assumptions. Evidence is key in these claims. That includes:
- Accident reports
- Witness statements
- Video footage
- Photos of the scene
- Expert reconstruction
- Medical records
The difference between a 40% fault and a 55% fault can be tens of thousands of dollars. Evidence can show the truth and help you get the settlement that you deserve.
When to Talk with a Michigan Personal Injury Attorney
If you were injured and think you might be partly at fault, you should absolutely talk with a personal injury lawyer in Michigan if:
- An insurance company is trying to blame you
- You’re unsure how the accident will be evaluated
- You’re worried you might be over the 50% threshold
- You’re dealing with injuries that could affect your future
- The accident report doesn’t tell the full story
You deserve to work with someone who will make sure Michigan’s comparative fault laws work for you, not against you.
Reach Out to Our Michigan Personal Injury Lawyer
Can I still file a personal injury claim if I was partially at fault in Michigan? The answer is yes. You may be entitled to some form of recovery.
If you were hurt in an accident and think you may be partly at fault, The Law Office of James Fillmore helps Michigan injury victims fight for the compensation they’re entitled to. Schedule a consultation with us today to learn more about your options.
