What is a Tort Case and What does it Involve in Michigan?

An injured or wronged person may commence legal action for compensation in the Michigan courts. This action, referred to as a tort or personal injury case, includes claims of slander, medical malpractice, auto accident, and any willful or negligent action of one party that resulted in a loss, harm, or injury to another. Typically, a tort case will begin in the trial courts: the District and Circuit courts. The District Court has a jurisdictional limit of $25,000 while the Circuit Court hears civil claims above $25,000. However, if the State of Michigan or a state department is the defendant, and the claim exceeds $1,000, it is heard by the Court of Claims.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What is Michigan Tort Law?

There are several provisions under Michigan’s law that regulate the legal procedures, rights, remedies, pleadings, and limitations of tort or personal injury claims. For instance, the tort law relating to specific actions such as medical malpractice, wrongful death, and wrongful/negligent miscarriage are codified under MCL 600.2901 et seq. Also, the judicial policies for filing, hearing, and closing these cases are guided by Michigan Court Rules, Civil Procedure, and case law.

What Kinds of Cases are Covered by Tort Law in Michigan?

The Circuit Courts, District Courts, and Court of Claims in Michigan handle a variety of tort cases, ranging from intentional to negligence and strict liability tort claims.

• Intentional tort claims: When one party was purposefully harmed by another, the wronged party (plaintiff) may file a claim because a personal injury was deliberately inflicted. The following cases are examples of intentional torts in Michigan:
  • Assault and battery
  • Malicious prosecution
  • False imprisonment
  • Conversion
  • Fraud
  • Property/land trespass
  • Defamation (libel or slander)
  • Emotional or mental distress

• Negligence tort claims: An individual may initiate a tort claim for negligence if the action or lack of action of a party (defendant) caused an injury. Usually, these are the more commonly filed tort cases. However, before this kind of claim succeeds in court, it must be proven that:
  • The defendant had an obligation to the plaintiff’s care, referred to as a “duty of care.” This means a legal responsibility to behave in a reasonable way toward other people.
  • The defendant failed to carry out that obligation and, as such, the plaintiff suffered a loss or damage because of it (Henry v Dow Chemical Co, 473 Mich 63, 71–72 (2005).

Types of negligent torts include auto accidents, slips, and falls, medical malpractices, nursing home abuse, and wrongful death.

• Tort claims of strict liability: Here, the inflicting party (defendant) is legally liable for an injury in all circumstances, whether it was intentional or negligent, or not—for example, the manufacture and sale of defective products, animal attacks, and aviation accidents.

Some of these categories overlap. For example, a dog bite case can be a strict liability or negligence tort. Just a well, a claim for emotional distress may be based on negligence or intentional grounds.

What are the Differences Between Criminal Law and Tort Law in Michigan?

Michigan’s criminal and tort laws are different from one another in several ways. In certain instances, however, a case may fall under both criminal and tort law provisions. This usually happens when the case is an intentional tort (a purposeful act done to inflict harm on another individual or cause emotional distress). For example, a case of assault and battery may be prosecuted in criminal court, but affected parties will still be able to pursue civil action in court.

The dissimilarities between injury and criminal cases span the laws, court procedures, judgment, victim compensation, and burden of proof.

• Laws and court procedures: Generally, criminal law aims to punish criminal conduct and rehabilitate offenders; whereas, tort law aims to compensate an individual for a financial or personal wrong. The law regulating criminal acts is established as the Michigan Penal Code, while tort cases are outlined under various sections of the legislature. Similarly, court procedures for criminal cases are regulated by
• The burden of proof: While in criminal cases, the burden of proving a crime happened rests with the state, that legal duty rests with the plaintiff of a tort claim.
• Judgment: Persons found guilty of a crime incur penalties such as jail time, criminal fines, probation, community service. The Penal Code also provides for the restitution of crime victims. On the other hand, a defendant in a tort claim, though not having any period of imposed confinement, will be required to compensate the other party (plaintiff), provided it is discovered that such a person suffered loss or injury owing to the defendant’s conduct.

What is the Purpose of Tort Law in Michigan?

The primary purpose of the Michigan tort law is to compensate individuals who have sustained a personal or financial injury because of the calculated or negligent actions of another party—Mostly because such parties may not be able to obtain fair compensation on their own. The law also aims to protect the civil rights of plaintiffs and defendants and details the remedies that can be awarded for a particular case.

What is a Tort Claim in Michigan?

According to the Michigan legislature, a tort claim is a petition filed by an individual for a civil wrong stemming from the willful or careless conduct of a second party. A tort claim can be filed against an individual, corporation, government agency, or the State of Michigan. The court where a claim is initiated depends on the amount in claim or circumstances of the case. An example of this is a claim against the state, which can only be filed in the Court of Claims if it is $1,000 or more. Another is a tort case based on a car accident, which typically cannot be processed in court per the state’s no-fault insurance laws except in specific situations or unless it is filed as a mini-tort claim to obtain compensation for accident-related vehicle damages.

How Do You File a Tort Claim in Michigan?

The filing procedures of a tort case are the same as other civil claims and therefore guided by Chapter 2 of the Michigan Court Rules, Civil Procedure. A plaintiff will be required to file certain forms and supporting documents with the court, pay the necessary fees, serve the defendant, and attend a court hearing before damages may be awarded. An interested party may obtain the contact information and addresses of the state courts from a directory. Standard court forms can be printed from the SCAO-Approved Court Forms page. Court procedures may vary by county. Therefore, legal advice should be considered when filing tort claims, as each type of claim is regulated by distinct statutes. A second reason is that any error, including not filing the proper forms, may result in a case dismissal or jeopardize a person’s legal rights.

Typically, tort and personal injury claims must be filed within statutory limits. In Michigan, the general period within which a person can file a tort claim is three years from the date the cause of action took place. However, there are other time limits stipulated under MCL 600.5805 such as two years for false imprisonment, ten years for damages from criminal sexual conduct, two years for malicious prosecution, three years for product liability actions, one year for slander or libel, two years for malpractice, and so forth.

Michigan law gives a 1-year extension to persons who were insane (mentally deranged) or below 18 years of age at the time an injury occurred. This means that a person below 18 has one year to file a claim after coming of age, and a person who is no longer insane has the same legal limit: one year after the insanity period is over (MCL 600.5851)..

While it is possible to file just about any personal injury claim in Michigan, state law prevents residents involved in car accidents from suing or being sued except in specific circumstances. This condition, unique to the State of Michigan, is known as the no-fault insurance law, policy, or coverage. Per MCL 500.3135(2), an auto accident claim can be filed against a person if:

• A death, permanent disfigurement, or serious injury occurred
• The at-fault driver is a state resident, and the accident happened in-state, but the no-fault party is a non-resident, and that party’s vehicle is not registered with the state
• The accident happened to a resident out-of-state
• Vehicle damage up to $3,000 occurred in the accident, 50% of that damage was caused by the at-fault driver, and the damage is not covered by the no-fault party’s insurance

Under MCL 500.3135(3)(e), an individual whose vehicle was damaged in a car accident may file a mini-tort claim in the Small Claims Court to collect damages from the driver who caused the accident. However, the court only processes mini-tort claims up to $3,000.

What Does a Tort Claim Contain in Michigan?

To file a tort claim, a petitioner will need to provide the following information:

• The defendant’s name and address
• The petitioner’s details (including name, date of birth, and address)
• The type of tort claim and a description of the events that transpired (including time, date, and location)
• The financial compensation requested
• Supporting documents including receipts, reports, hospital records, and more

What Happens after a Tort Claim is Filed in Michigan?

After filing procedures for a tort claim are completed, a plaintiff must ensure that the defendant is served with the summons’ copy. Typically, a tort claim can be resolved either by pre-trial settlement or trial. In these hearings, a defendant can use certain legal defenses or arguments to reduce legal responsibility. Most times, the defendant’s argument would be centered on the idea that a plaintiff is responsible for the injury in question as well. This is called comparative fault or negligence in Michigan (MCL 600.2959).. Under this law, the amount recoverable in damages for a personal injury, wrongful death, or property damage is reduced according to how much of the damage is the plaintiff’s fault. This fault is calculated in percentages.

Why Do I Need a Personal Injury Lawyer for a Tort Claim?

Plaintiffs can represent themselves in tort claims filed in the Michigan Courts. Individuals who go ahead to resolve their claims without a legal representative are known as “pro se litigants.” Because tort claims typically involve proving that someone suffered an injury and is entitled to remedies, it may be advisable to hire a lawyer for several reasons. Some of these include gathering evidence, filing the right forms/documents, assessing one’s legal rights, understanding the applicable law and court processes, getting a just financial settlement, and resolving a case quickly and efficiently.

It should be noted that a person filing a claim for vehicle damage in the Small Claims Court does not have the right to be represented by a lawyer. All small claims cases are pro se (handled without a legal representative) unless transferred to a higher court.

How Can I Find a Personal Injury Lawyer Near Me?

In Michigan, the Legal Resource & Referral Center assists individuals in finding personal injury lawyers within the state. This service is run by the State Bar of Michigan. The resources offered by the State Bar include the Attorney Search and Lawyer Referral Service.

By inputting a practice area and city/county into the Attorney Search tool, the information of personal injury lawyers licensed to practice in Michigan can be obtained. From the results obtained, individuals can select attorneys based on proficiency, experience, and reviews and book a consultation.

The Lawyer Referral Service connects the public to Michigan personal injury lawyers through referral. To use this service, call (800) 968–0738 between 8:30 a.m. to 4:45 p.m. on weekdays (Monday to Friday). Callers will be referred to a lawyer for a 25-minute consultation at no charge. Usually, requesters must pay an administrative fee of $25, but this fee is waived for plaintiffs in personal injury claims. After the consultation, plaintiffs have the option of retaining a lawyer’s services.