{"id":374190,"date":"2016-11-25T13:22:19","date_gmt":"2016-11-25T18:22:19","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/michigan-law\/pain-and-suffering-damages-in-michigan.html"},"modified":"2018-12-06T16:48:07","modified_gmt":"2018-12-06T21:48:07","slug":"pain-and-suffering-damages-in-michigan","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/michigan-law\/pain-and-suffering-damages-in-michigan.html","title":{"rendered":"Pain and Suffering Damages in Michigan"},"content":{"rendered":"\n
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Pain and Suffering Damages in Michigan<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Michigan may be home to The Mighty Mac, but your visit on Labor Day landed you in the emergency room. Or maybe your trip to the Water Winter Wonderland was a complete delight\u2014until a slip and fall left you in chronic pain. Whether you live, work, or play in the Wolverine State, the information below is intended to assist you in determining whether you may be entitled to pain and suffering damages in Michigan.<\/p>\r\n

The table and accompanying explanations below detail important aspects of pain and suffering damages in Michigan.<\/p>\r\n\r\n

Statute of Limitations<\/b><\/p>\r\n<\/td>\r\n

\u2022 3 years for most accidental injuries (M.C.L.A. \u00a7 600.5805<\/a>)<\/p>\r\n

\u2022 2 years for malpractice, including medical and engineering (M.C.L.A. \u00a7 600.5805(6)<\/a>)<\/p>\r\n

\u2022 2 years for intentional injuries (M.C.L.A. \u00a7 600.5805(2)<\/a>) except for:<\/p>\r\n

\u2022 5 years for domestic abuse (M.C.L.A. \u00a7 600.5805(3)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Limits on Damages<\/b><\/p>\r\n<\/td>\r\n

\u2022 As of 2016, $438,800 limit on pain and suffering damages in medical malpractice and product liability, except in more serious cases where the limit is $783,500\u2014limits adjusted annually based on the CPI (M.C.L.A. \u00a7 600.1483<\/a>)<\/p>\r\n

\u2022 No pain and suffering for workers’ compensation (Workers’ Comp Overview<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Other Limits<\/b><\/p>\r\n<\/td>\r\n

\u2022 No Fault Insurance minimums must first be exceeded in car accident claims (M.C.L.A. \u00a7 500.3135<\/a>)<\/p>\r\n

\u2022 51% Comparative Negligence in car accidents (M.C.L.A. \u00a7 500.3135(b)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Noneconomic losses<\/h2>\r\n

Whether you were injured in a car accident<\/a>, you slipped and fell<\/a>, a not-so-neighborly pet bit you<\/a>, or a loved one died<\/a> due to the negligence or misconduct of another, you may be entitled to recover damages.<\/p>\r\n

Economic losses account for the direct, specific costs of your injuries, such as vehicle repair or replacement costs and hospital bills. In contrast, noneconomic losses are the more abstract costs of your injuries. In Michigan, noneconomic losses include:<\/p>\r\n