Michigan Torts
What is a Tort?
A tort is a civil wrong that results in injury or harm to another person, leading to legal liability. In personal injury cases, torts generally fall into three categories:
- Intentional Torts – Harm caused deliberately, such as assault or battery.
- Negligent Torts – Injury caused due to someone’s careless action or inaction
- Strict Liability Torts – Liability imposed without fault, such as product liability cases.
Other Common Torts:
- Assault
- Battery
- Invasion of privacy
- False imprisonment
- Trespass
- Defamation
Tort laws serve two main purposes: to provide relief to victims of wrongful actions and to deter future similar conduct by holding responsible parties accountable.
What Elements Must Be Proven to Win My Case?
To successfully pursue a claim, you must establish the following elements:
- Duty: The defendant had a legal duty of care toward you.
- Breach: The defendant breached that duty of care.
- Injury: You suffered injuries directly or indirectly due to the defendant’s breach.
- Causation: The defendant’s actions were the proximate cause of your injuries.
- Damages: You incurred financial losses that can be recovered from the defendant.
What Are the Main Goals of Tort Laws?
- Compensation – To ensure that injured victims receive financial relief for their losses.
- Accountability – To hold the responsible party legally liable for the harm caused.
- Deterrence – To discourage negligent or reckless behavior in the future.
Unlike criminal cases, tort claims do not seek to prove criminal liability. Instead, they aim to secure monetary compensation for the victim’s suffering and financial losses.
Michigan Torts
What Are the Common Damages in Tort Cases?
- Pain and suffering
- Medical costs
- Permanent disability
- Disfigurement
- Humiliation/embarrassment
- Loss of wages
- Loss of earning capacity
- Personal property damage
What Are the Statutes of Limitation on Tort Claims?
Michigan has strict statute of limitation rules for filing tort claims. Under MCL 600.5805, the time limits are as follows:
- Wrongful Death – Must be filed within three years from the date of death.
- Personal Injury – Must be filed within three years from the date of injury.
- Medical Malpractice – Must be filed within two years from the date of injury, or within six months of discovering the injury, but no later than six years after the incident.
- Product Liability – Must be filed within three years from the date of injury.
- Assault, Battery, False Imprisonment – Must be filed within two years from the incident. However, if the perpetrator was a spouse, former spouse, cohabitant, or shared a child with the victim, the limitation extends to five years.
Understanding tort law is crucial for protecting your rights and seeking the compensation you deserve. If you believe you have a tort claim, consulting a legal professional can help guide you through the process and ensure that you meet all filing deadlines.
Practice Areas
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Pedestrian Accidents
- Medical Malpractice
- Wrongful Death
- Premises Liability
- Product Liability
- Michigan Torts
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