This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
Michigan Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
State:
Multi-State
Control #:
US-PI-0276
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint For Personal Injury And Wrongful Death Due To Train Or Automobile Accident?
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FAQ
In Michigan, you have three years from the date of your car accident to file a negligence lawsuit against the at-fault driver to sue for pain and suffering damages. The at-fault driver must be 50% or more at-fault. To recover these damages, you must show you suffered a ?serious impairment of body function.?
If the at-fault driver who damaged your car was insured at the time of the crash, you can only sue for up to $3,000 even if your vehicle is totaled. This is known as the Mini-Tort law.
Because Michigan's Wrongful Death Act does not include a statute of limitations, the statute of limitations for the underlying cause of action (i.e., negligence) applies. In the case of wrongful death actions based on general negligence, the statute of limitations is three years.
There is no specific limit to how much compensation a plaintiff can seek in a car accident lawsuit.
Michigan law defines ?wrongful death? as a loss that occurs due to any ?wrongful act, neglect, or fault of another? that would have permitted the deceased person to file a personal injury lawsuit if they had lived. Miscarriages are also included in Michigan's wrongful death statute.
Yes, in Michigan you can sue the at-fault driver after a car accident to recover your pain and suffering compensation, excess wage loss benefits, excess medical benefits and for a mini tort recovery to pay for repairing damage to your vehicle.
Your no-fault insurance DOES NOT pay for repairs to your car if it is damaged in an accident. If your car is properly parked and hit by another car, the other driver's no-fault coverage will pay for the damage to your car.
The most commonly liable party is a negligent motorist?for example, a driver who was speeding, inebriated, texting, or engaging in any other reckless activity might clearly be at fault.