If you were an auto accident victim in Michigan, you need to understand how Michigan's comparative fault law applies to auto accident cases. Here are five facts you need to understand about Michigan's comparative fault law if you plan on filing a personal injury lawsuit in the state of Michigan. 

#1 Definition Of Comparative Fault

The first thing you need to understand is the concept of comparative fault. The idea behind comparative fault is that both you and another party bear responsibility for the injuries that you sustained. 

In relation to an auto accident, that means that you may be determined to be at fault a certain percentage and the other party may be determined to be at fault a different percentage. For example, the driver who is held responsible and is determined to be "at fault" under Michigan law may be deemed 80% responsible for the accident, leaving you 20% at fault for the accident. 

#2 Comparative Fault Can Reduce Your Reward In A Personal Injury Lawsuit

Comparative fault is important to understand because it can reduce the amount that you can obtain through a personal injury award.

In reference to the example above, if the other driver were deemed 80% responsible for the accident and you were deemed 20% responsible, the other driver in a lawsuit would only be responsible for 80% of the compensation that you are trying to obtain in your lawsuit. You would be responsible for the other 20% due to the comparative fault law in Michigan. 

#3 Comparative Fault Specifically Applies To Pain And Suffering

Comparative fault does not apply to all aspects of personal injury lawsuits. It only applies to the section of personal injury lawsuits that deal with compensation for pain and suffering. These types of compensations are also referred to as non-economic loss damages. 

#4 Comparative Fault Applies To Vehicle Damage Repair Costs

If you file a mini tort claim in regards to an auto accident in the state of Michigan, the comparative fault law also applies. In these types of cases, the concept of comparative fault is applied to any attempts you make through the Michigan's mini tort law to have the at-fault party pay you back for damage to your vehicle. 

#5 Comparative Fault Doesn't Apply To Medical Bills

Finally, Michigan's comparative fault law does not apply to your medical bills. That is because Michigan also has a no-fault accident law. This law essentially ensures that, regardless of fault, one's medical bills and care as well as lost wages are covered by one's insurance company. Since these expenses are covered regardless of who is at fault, comparative fault does not apply in this case to car accidents.

Michigan's comparative fault law touches on some aspects of personal injury lawsuits in relation to a car accident, but it does not touch on all aspects. A lawyer like one from Walsh Fewkes Sterba can help you better understand how Michigan's comparative fault will affect any personal injury lawsuit you wish to pursue in relation to an auto accident in Michigan. 

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