This form is a sample personal injury complaint filed by guests at motel which failed to provide adequate security, thereby permitting unauthorized persons access premises, resulting in the death of one of the plaintiffs and injury to others.
Michigan Amended Complaint for Personal Injury and Wrongful Death
State:
Multi-State
Control #:
US-PI-0300
Format:
Word;
Rich Text
Instant download
Description
How to fill out Amended Complaint For Personal Injury And Wrongful Death?
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FAQ
In Michigan, damages in a wrongful death case can be awarded to survivors for a long list of losses, including: reasonable hospital, medical, funeral, and burial expenses. pain and suffering endured by the deceased person. loss of financial support the deceased person would have contributed to the family, and.
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.
Michigan has two caps for noneconomic damages in medical malpractice cases ? a lower cap and an upper cap. For 2023, the lower cap is $537,900, and the upper cap is $960,500. The default is the lower cap. A plaintiff is not eligible for the upper cap unless they can meet certain statutory requirements.
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.
The highest wrongful death settlement was $160 million.
Michigan places no universal cap on damages for a wrongful death case. However, there is a state-mandated limit on the value of non-economic damages available in medical malpractice cases. This would also apply to medical malpractice resulting in death, but there is no cap on economic damages.
(4) Amendments must be filed in writing, dated, and numbered consecutively, and must comply with MCR 2.113. Unless otherwise indicated, an amended pleading supersedes the former pleading.
Under MCR 2.116(C)(7), the claim is barred because of ?release, payment, prior judgment, immunity granted by law, statute of limitations, statute of frauds, an agreement to arbitrate or to litigate in a different forum, infancy or other disability of the moving party, or assignment or other disposition of the claim ...
