How long do I have to file a personal injury claim in Michigan?

Severe burns frequently leave permanent scarring and disfigurement, and Michigan law treats those consequences as their own distinct category of compensable harm — not merely an afterthought to medical bills. A thorough burn injury claim pursues:

• Past and future medical expenses, including burn-center hospitalization, skin grafting, and reconstructive procedures that may continue for years.
• Permanent disfigurement and scarring as a separate non-economic damage, distinct from pain and suffering.
• Pain and suffering, reflecting both the acute pain of treatment and the chronic pain that often persists.
• Loss of enjoyment of life when scarring, mobility limitations, or disfigurement permanently change the victim's relationships, activities, and self-image.
• Psychological harm, including PTSD, anxiety, and depression, with associated treatment costs.
• Loss of earning capacity when physical limitations or disfigurement affect the victim's ability to maintain their prior employment.
• Loss of consortium for spouses and family members.

Photographing the injury at every stage and working with life-care planners and reconstructive specialists is essential. Call 810-234-3667 for a free consultation.

One of the most challenging aspects of a mild traumatic brain injury (mTBI) case is that standard CT scans and conventional MRIs often appear normal even when the patient is experiencing significant cognitive, emotional, and physical symptoms. Insurance companies seize on those "normal" scans to argue that there is no real injury. Building a credible TBI case requires layered evidence:

• Neurological evaluation by a qualified neurologist who documents the clinical presentation and objective findings.
• Neuropsychological testing, which produces standardized, quantifiable measurements of memory, attention, processing speed, and executive function compared to population norms.
• Advanced imaging such as diffusion tensor imaging (DTI) and specialized MRI sequences that can detect axonal injury and white matter damage missed by conventional scans.
• Functional and vocational assessments documenting the impact on work and daily activities.
• Lay witness testimony from family, friends, and coworkers describing observable changes in personality, behavior, or capability after the injury.

A daily symptom journal and consistent treatment record also help. Call 810-234-3667 for a free consultation.

Spinal cord injuries often require a lifetime of care, and a settlement that only covers expenses incurred so far is rarely sufficient. A properly documented spinal cord injury claim accounts for:

• Past and future medical care, including emergency treatment, surgery, hospitalization, ongoing specialist care, and management of secondary conditions such as pressure injuries, infections, and respiratory issues.
• Rehabilitation and therapy, including physical therapy, occupational therapy, and rehabilitation programs.
• Assistive technology — power wheelchairs, communication devices, and ventilators that may need to be replaced multiple times over a lifetime.
• Home and vehicle modifications, including ramps, widened doorways, roll-in showers, and adapted vehicles.
• Attendant care, whether provided by family or professional caregivers.
• Lost wages and loss of earning capacity across the victim's expected working life.
• Pain and suffering, loss of enjoyment of life, and loss of consortium for the victim and their family.

Building a thorough life care plan with medical, vocational, and economic experts is essential. Call 810-234-3667 for a free consultation.

Pedestrians struck by a motor vehicle in Michigan are entitled to Personal Injury Protection (PIP) benefits under the No-Fault Act, even though they were not in a vehicle. Which insurer pays follows a strict priority hierarchy:

• The pedestrian's own auto insurance, if they have a policy in their own name.
• The auto insurance of a resident relative who lives in the same household.
• The auto insurer of the vehicle that struck the pedestrian, when no household coverage is available.
• The Michigan Assigned Claims Plan (MACP), as a last resort.

PIP can cover medical expenses, a portion of lost wages, replacement services, and attendant care. In addition, a pedestrian injured by a negligent driver can bring a third-party claim for pain and suffering and other non-economic damages, subject to Michigan's serious-impairment threshold. The priority rules can be confusing — and insurers sometimes try to push coverage onto a different policy than the one legally responsible. Call 810-234-3667 for a free consultation.

Bicycles are not motor vehicles under Michigan's No-Fault Act, but injured cyclists struck by a motor vehicle are entitled to Personal Injury Protection (PIP) benefits. Coverage flows through a priority hierarchy:

• The cyclist's own auto insurance policy, if they own one.
• The auto policy of a resident relative living in the same household.
• The auto insurer of the vehicle that struck the cyclist, when no household coverage is available.
• The Michigan Assigned Claims Plan (MACP), as a last resort when no other coverage applies.

PIP benefits can cover reasonable and necessary medical expenses, wage loss, replacement services, and attendant care. Separately, a cyclist injured by a negligent driver may bring a third-party claim against that driver for pain and suffering and excess economic damages, subject to Michigan's serious-impairment threshold. Cyclists frequently face unfair blame from insurers and police reports — having an experienced attorney involved early protects your claim. Call 810-234-3667 for a free consultation.

Birth injury claims are technically medical malpractice claims, so Michigan's medical malpractice statute of limitations applies — but minors receive special protections. In general:

• An adult's medical malpractice claim must be filed within two (2) years of the negligent act or six (6) months from the date the injury was (or should have been) discovered, whichever is later, with an overall cap.
• A minor child's claim is subject to tolling provisions. In many cases, a child injured at birth has until at least age eight (8) — or longer in certain circumstances — to bring a claim. Some claims can be tolled even further depending on the facts.

Even with these extended deadlines, families should not wait. Birth injury cases require extensive medical record review, expert testimony, and life-care planning, and evidence becomes harder to gather over time. Michigan also requires a Notice of Intent, a 182-day waiting period, and an Affidavit of Merit from a qualified expert before the lawsuit can be filed. Call 810-234-3667 for a free consultation.

Misdiagnosis claims are a category of medical malpractice based on a physician's failure to correctly identify a patient's condition within a reasonable timeframe. Diagnostic failures generally fall into three categories:

• Missed diagnosis — the physician fails to identify a condition that was present and detectable.
• Wrong diagnosis — the physician identifies the wrong condition, sending the patient down an incorrect treatment path.
• Delayed diagnosis — the correct diagnosis is eventually reached, but only after an unreasonable lapse of time that allowed the underlying condition to worsen.

Cancers, heart attacks, strokes, pulmonary embolisms, infections like sepsis and meningitis, and surgical complications are among the conditions most often involved in misdiagnosis claims. Liability can extend to the treating physician, consulting specialists, radiologists, pathologists, and the hospital itself.

Michigan requires a Notice of Intent, a 182-day waiting period, and an Affidavit of Merit from a qualified expert. Because these cases turn on technical medical questions and tight deadlines, early legal involvement is essential. Call 810-234-3667 for a free consultation.

Not every bad surgical outcome is malpractice — surgery carries inherent risks. A surgical error rises to the level of a malpractice claim when the surgeon or surgical team deviated from the accepted standard of care. The patterns we see most often include:

• Wrong-site, wrong-procedure, or wrong-patient surgery.
• Retained surgical instruments — sponges, clamps, or needles left inside the patient's body.
• Anesthesia errors, including dosing mistakes, ignored allergies or comorbidities, and inadequate intra-operative monitoring.
• Nerve damage or perforation of organs and surrounding tissue caused by improper technique.
• Unnecessary surgery performed because of a misdiagnosis or inadequate work-up.
• Post-operative negligence, such as failing to recognize and treat complications, premature discharge, or surgical site infections from broken sterile technique.

Michigan medical malpractice claims also require strict procedural steps — a Notice of Intent, a 182-day waiting period, and an Affidavit of Merit from a qualified expert in the same specialty. These cases demand specialized handling and elite expert support. Call 810-234-3667 for a free consultation.

Michigan is one of the most protective states in the country for dog bite victims. Under MCL 287.351, a dog owner is strictly liable for injuries caused by their dog biting a person, regardless of whether the dog had ever bitten before or shown signs of aggression. There is no "one free bite" rule in Michigan.

To recover under the strict liability statute, an injured person generally must show:

• The dog bit them and caused injury.
• The victim was lawfully on public or private property at the time — including invited guests, tradespeople, postal workers, and people in any public place.
• The victim did not provoke the dog.

Beyond the statute, victims can also pursue common-law claims for negligence, dangerous-animal liability, and (in some cases) liability against landlords or other parties who knew about a dangerous dog and failed to act. Most claims are paid through the dog owner's homeowner's or renter's insurance, not out of pocket. Call 810-234-3667 for a free consultation.

Inadequate security claims are a form of premises liability based on a property owner's failure to take reasonable steps to protect lawful visitors from foreseeable criminal conduct. To hold an owner liable, an injured victim generally must show:

• Foreseeability. The crime was reasonably foreseeable based on prior incidents, the type of business, the surrounding area, or specific warnings the owner had received.
• A duty of care owed to the victim based on their status on the property (most often as an invitee — a customer, tenant, or guest).
• Breach of that duty, such as broken locks, burned-out lighting, missing or non-working surveillance cameras, untrained or absent security personnel, or ignored complaints.
• Causation — the security failure made the attack possible or substantially worsened it.
• Damages, including medical bills, lost wages, pain and suffering, and psychological harm such as PTSD.

Bars, nightclubs, hotels, apartment complexes, parking garages, and shopping centers are common defendants. Surveillance footage and prior-incident records disappear quickly, so prompt legal involvement is critical. Call 810-234-3667 for a free consultation.

For decades, Michigan's open and obvious doctrine often blocked premises liability claims when a hazard was deemed visible and apparent to an ordinary person. Property owners argued that an icy patch, a wet floor, or an uneven sidewalk was "open and obvious" and therefore not their problem.

That landscape changed significantly with the Kandil-Elsayed v. F & E Oil, Inc. (2023) decision, in which the Michigan Supreme Court overruled prior law. After Kandil-Elsayed:

• The open-and-obvious nature of a hazard no longer automatically defeats a premises liability claim.
• Whether a hazard was open and obvious is now treated as a comparative fault question for the jury, which may reduce — but not necessarily eliminate — recovery.
• Property owners still owe a duty of reasonable care to invitees, including a duty to inspect for and address known and discoverable hazards.

This shift makes Michigan slip and fall claims more viable than they were under the prior rule. Acting quickly to preserve photos, surveillance footage, and incident reports is still essential. Call 810-234-3667 for a free consultation.

Coverage for a rideshare crash depends on what the driver was doing at the moment of impact. Uber and Lyft policies are structured around three coverage phases:

• Phase 1 — App off. The driver is not logged in. Only the driver's personal auto insurance applies.
• Phase 2 — App on, waiting for a ride. Uber and Lyft provide limited contingent liability coverage (typically $50,000/$100,000 bodily injury and $25,000 property damage), often only after the driver's personal insurer denies the claim.
• Phase 3 — Trip accepted or passenger on board. Uber and Lyft maintain a $1,000,000 third-party liability policy, plus uninsured/underinsured motorist coverage, while the trip is active.

Identifying the correct phase — and the correct insurer — is decisive. Screenshots of the trip, app data, and the driver's status at the moment of the crash are critical evidence. Whether you were the passenger, another driver, or a pedestrian, Hamo Law can help you sort through the layers of coverage. Call 810-234-3667 for a free consultation.

Michigan's No-Fault Act treats motorcycles differently from cars and trucks. A motorcycle is not a "motor vehicle" under the No-Fault Act, so motorcyclists cannot collect Personal Injury Protection (PIP) benefits from their own motorcycle policy. Instead, an injured rider's PIP coverage usually comes from one of these sources, in priority order:

• The auto insurance policy of the rider (if they own a car as well).
• The auto insurance of a resident relative living in the same household.
• The insurer of the at-fault motor vehicle involved in the crash.
• The Michigan Assigned Claims Plan (MACP) as a last resort.

A motorcyclist injured by another driver may also bring a third-party claim against the at-fault motorist for pain and suffering and excess economic damages, subject to Michigan's serious-impairment threshold. Determining which insurer is on the hook for PIP is one of the first issues in any Michigan motorcycle case. Call 810-234-3667 for a free consultation.

Crashes involving commercial trucks raise legal, regulatory, and evidentiary issues that simply do not exist in a typical car accident. Several factors drive that complexity:

• Multiple potentially liable parties. Liability may extend to the driver, the trucking company, a cargo loader, a maintenance contractor, or a parts manufacturer.
• Federal Motor Carrier Safety Administration (FMCSA) regulations. Hours-of-service limits, electronic logging device requirements, drug and alcohol testing, vehicle inspections, and CDL standards create powerful sources of evidence when violated.
• Time-sensitive evidence. Driver logs, ELD data, dashcam footage, and onboard "black box" data can be overwritten or destroyed quickly without a preservation letter.
• Higher insurance limits and corporate defense teams ready to dispatch investigators within hours of a serious crash.
• More severe injuries. Size and weight disparities mean catastrophic harm and large damages that defendants fight hard to limit.

Acting fast to preserve evidence and assert your rights is essential. Call 810-234-3667 for a free consultation.

Establishing fault in a Michigan car accident is the foundation of any third-party claim for pain and suffering or excess economic damages. Insurers and courts typically look at:

• The police accident report (UD-10), including the responding officer's narrative and any traffic citations issued.
• Physical evidence at the scene — vehicle damage patterns, debris fields, skid marks, and roadway conditions.
• Eyewitness statements from drivers, passengers, and bystanders.
• Photos, dashcam footage, and surveillance video from nearby businesses or traffic cameras.
• Vehicle event data recorder ("black box") downloads and cell phone records when distraction is at issue.
• Accident reconstruction analysis in cases involving disputed liability or serious injury.

Michigan follows a modified comparative fault rule: an injured driver who is more than 50% at fault is barred from recovering non-economic damages. If you are 50% or less at fault, your recovery for pain and suffering is reduced by your percentage of fault. That makes it critical to investigate and document the crash before evidence disappears. Call 810-234-3667 for a free case review.

In a premises liability case, the property owner or occupier may be responsible for your injuries if a dangerous condition on their property caused the harm. To recover compensation, you generally must show:

• Your legal status on the property. Michigan law treats invitees (such as customers in a store) with the highest duty of care, licensees (social guests) with a lower duty, and trespassers with the most limited duty.
• A dangerous condition existed. Common examples include wet or icy floors, broken stairs, poor lighting, uneven sidewalks, missing handrails, or inadequate security.
• The owner knew or should have known. The property owner either created the hazard, knew about it, or should have discovered it through reasonable inspection.
• Failure to warn or repair. The owner did not fix the hazard or warn visitors about it within a reasonable time.
• Causation and damages. The condition directly caused your injury and resulting losses.

Michigan recently changed its long-standing open and obvious doctrine, making it easier for injured visitors to recover even when a hazard was visible — though comparative fault may still reduce recovery. Acting quickly to document the scene, obtain witness information, and preserve evidence is critical to a successful premises liability claim.

To succeed on a medical malpractice claim in Michigan, you generally must prove four key elements:

• Doctor-patient relationship: The provider owed you a professional duty of care.
• Breach of the standard of care: The provider's actions fell below what a reasonably competent professional in the same specialty would have done under similar circumstances.
• Causation: That breach directly caused your injury or worsened your condition.
• Damages: You suffered measurable harm — physical, emotional, or financial.

Michigan also imposes important procedural requirements that must be followed precisely:

• A Notice of Intent to Sue must be served at least 182 days before filing the lawsuit.
• An Affidavit of Merit from a qualified expert in the same specialty must accompany the complaint.
• Most claims must be filed within 2 years of the malpractice (or 6 months from discovery, with an overall 6-year cap in most cases).

Because of these strict rules and the highly technical evidence involved, having an experienced medical malpractice attorney review your case as early as possible is essential.

In Michigan, a catastrophic injury is one that causes long-term or permanent impairment, dramatically alters the victim's life, and typically requires extensive medical care. Common examples include:

• Traumatic brain injuries (TBI) and severe concussions with lasting cognitive effects.
• Spinal cord injuries, paralysis (paraplegia or quadriplegia), and serious neck or back trauma.
• Amputations or loss of use of a limb.
• Severe burns, disfigurement, and permanent scarring.
• Multiple bone fractures or internal organ damage requiring surgery.
• Vision or hearing loss resulting from the incident.

Under Michigan's No-Fault Act, victims who suffer a serious impairment of body function may also pursue a third-party claim against the at-fault driver for pain and suffering, lost wages beyond statutory limits, and other non-economic damages. Because catastrophic cases often involve lifetime care, lost earning capacity, and complex medical evidence, it is critical to work with attorneys experienced in valuing and litigating these claims.

Under the Michigan Wrongful Death Act, the claim is typically brought by the estate's personal representative on behalf of eligible family members — generally spouses, children, parents, grandparents, and siblings. Recoverable damages can include:

• Medical, hospital, funeral, and burial expenses tied to the incident and death.
• Conscious pain and suffering the decedent experienced between the injury and death.
• Lost financial support the decedent would have provided to the family.
• Loss of society and companionship, including guidance, care, and affection.
• Exemplary damages in appropriate cases for mental anguish and related harm.

Wrongful death claims can arise from auto, truck, and motorcycle crashes, medical malpractice, unsafe property conditions, dog attacks, defective products, and other negligent acts. Strict deadlines apply — contact an attorney promptly. Call 810-234-3667 for a free consultation.

Michigan operates under a No-Fault auto insurance system, which means that after most automobile, truck, and motorcycle crashes, injured people first turn to their own insurer for Personal Injury Protection (PIP) benefits — regardless of who caused the collision.

PIP benefits may cover reasonable and necessary medical expenses, wage loss, replacement (household) services, attendant care, and medical mileage. These first-party benefits are subject to strict written-notice and documentation requirements.

Separately, if you were seriously injured by another driver's negligence, you may also bring a third-party claim against the at-fault driver for pain and suffering and excess economic loss. To recover those non-economic damages, you must meet Michigan's tort threshold, which generally requires showing death, serious impairment of a body function, or permanent serious disfigurement.

Because the No-Fault system is highly technical and insurers routinely deny or underpay valid claims, experienced counsel can make a significant difference. Call 810-234-3667 for a free consultation.

The steps you take in the hours and days following an accident can have a major impact on both your health and your legal case. We recommend the following:

• Seek medical attention right away, even if your injuries seem minor — some symptoms appear days later, and prompt care creates a clear medical record linking the incident to your injury.
• Document the scene with photos and video of the location, any hazards, vehicle damage, visible injuries, and weather or lighting conditions.
• Get contact information for witnesses, and — in vehicle crashes — for other drivers and their insurance.
• Report the incident to the police, property manager, or other appropriate authority and request a copy of any report.
• Do not give a recorded statement to an insurance adjuster, and do not sign a release or settlement document, until you have spoken with an attorney.
• Preserve evidence, including damaged clothing, footwear, vehicles, or the product involved.
• Contact an experienced injury attorney before critical deadlines and evidence disappear.

Call 810-234-3667 to speak with Hamo Law Firm about your case.

Michigan's deadlines for filing a claim — known as the statute of limitations — vary depending on the type of case:

• Most negligence-based personal injury claims, including many auto, truck, motorcycle, premises liability, and dog bite cases, must be filed within three (3) years of the date of injury.
• Medical malpractice claims generally must be filed within two (2) years of the act or omission, or six (6) months from the date the injury was (or should have been) discovered, whichever is later — subject to an overall six-year cap in most situations.
• Wrongful death claims are generally governed by the statute of limitations that would have applied to the underlying injury.
• No-Fault PIP benefits and dram shop claims carry their own short written-notice requirements that can be as brief as 120 days.

Missing a deadline can bar your claim entirely. If you think you may have a case, contact an attorney as soon as possible. Call 810-234-3667 for a free consultation.

At Hamo Law Firm, we handle personal injury matters on a contingency fee basis, which means you pay nothing up front and owe no attorney's fees unless we recover compensation for you. Your initial case review is always free and confidential, so you can speak with an attorney about the facts of your case and your legal options without any financial risk.

This applies across all of our practice areas — automobile, truck and motorcycle crashes, medical malpractice, premises liability, dog bites, wrongful death, No-Fault disputes, and other serious injury matters. Call 810-234-3667 to schedule a free consultation.