Michigan Amended Complaint for Personal Injury and Wrongful Death

State:
Multi-State
Control #:
US-PI-0300
Format:
Word; 
Rich Text
Instant download

Description

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.

The Michigan Amended Complaint for Personal Injury and Wrongful Death is a legal document filed by a plaintiff seeking compensation for injuries or the death of a loved one caused by negligence or intentional harm. This complaint outlines the grounds of the lawsuit and provides a detailed description of the incident, injuries sustained, and damages sought. In Michigan, there are a few different types of Amended Complaints that may be relevant for personal injury and wrongful death cases. These include: 1. Standard Amended Complaint: This type of complaint is filed when there are no unique circumstances or complex legal issues involved. It typically follows a standard format and includes all necessary information related to the injury or death, including parties involved, date and location of the incident, and a description of the negligent or intentional acts. 2. Medical Malpractice Amended Complaint: When the injury or death resulted from medical negligence or malpractice, a specialized amended complaint is required. This complaint must include detailed information about the healthcare provider(s) involved, their professional background, the specific acts of negligence alleged, and the resulting harm. 3. Product Liability Amended Complaint: If the injury or death occurred due to a defective product, a product liability amended complaint is filed. This complaint focuses on the responsibilities of the product manufacturer, distributor, or retailer and details the defects present in the product, the causal relationship between the defect and the injury, and the resulting damages. 4. Premises Liability Amended Complaint: In cases where the injury or death happened on someone else's property due to unsafe or hazardous conditions, a premises' liability amended complaint is necessary. This complaint highlights the property owner's duty to maintain a safe environment, explains the dangerous conditions that caused the accident, and describes the injuries or death that resulted. It's important to note that these are just a few examples of different types of Michigan Amended Complaints for Personal Injury and Wrongful Death. Each case may have unique circumstances, requiring additional or modified complaints. Consulting with an experienced attorney who specializes in personal injury law is essential in determining the appropriate amended complaint to be filed.

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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 ...

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Some of the forms, such as the form for a generic complaint, apply to different types of cases. Others apply only to specific types of cases. Be careful to use ... A prisoner under the jurisdiction of the Michigan Department of Corrections may file the de novo review request within 21 days of the notice denying the waiver.Compulsory Joinder. A party stating a claim against an opposing party in a pleading “must join every claim that the pleader has against that opposing party at ... May 9, 2019 — ... file and serve an amended pleading with an additional claim against the unnamed party. ... Call a Michigan Personal Injury Attorney. If you have ... Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first ... This subrule applies to actions based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death to which MCL ... (1) Subject to subsection (2), in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, all ... In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each person. Dec 23, 2011 — 2: The notice-of-fault requirements apply to any tort-based action regardless of whether the plaintiff is seeking damages for personal injury, ... Apr 1, 2003 — MCL 600.1641(2) when the Court concluded that a wrongful death lawsuit alleging negligence by multiple defendants is a single claim.

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Michigan Amended Complaint for Personal Injury and Wrongful Death