Michigan is the motorist's dream, home to car museums and shows – these also lead to car accidents, negligence cases, and personal injuries. Maybe it was you who experienced an accident; maybe it was a friend or family member. Half the time you don't even know where to pin liability. Whatever happened, if you need guidance for your personal injury case, Enjuris has the answers.
Michigan Personal Injury Cases & Accident Info
Michigan statutes online
This is where you’ll find Michigan's laws. The website has details about how long you have to bring a case, monetary limits on personal injury cases (also known as damage caps), and other important information.
In Michigan, you have three years to bring both personal injury and property damage claims. That means you have three years to file your paperwork with the court, not that your case has to be completed in that time frame. So, don't worry! You have time!
The initial meeting with a personal injury attorney is normally free of charge. (Note that other legal specialties, such as intellectual property law or real estate law, are different.) After that, lawyers work on a contingency basis, which means that they will take a third of the eventual reward or settlement, plus whatever office expenses they incurred.
If your case ends up going to trial, the percentage could rise to 40% of the eventual reward or judgment. These numbers aren't determined by law, so don't be surprised if your lawyer suggests something else.
These are some cases of legal interest that came out of the Michigan courts:
Michigan v. Tyler, 436 U.S. 499 (1978): A fire broke out in the defendants' furniture store, and the local fire department responded in order to put the fire out. The fire chief arrived and discovered plastic containers of flammable liquid. After he entered the building to examine the containers, he contacted a police detective to investigate a possible arson. Once the fire had been extinguished, the firefighters and police departed, though they returned the following morning for an examination of the premises. Several other visits were made, to which the defendants made objections, saying they were warrantless and without consent. The court agreed, stating that once the fire had been extinguished and the firefighters left the premises, "a warrant is required to reenter and search the premises, unless there is consent or the premises have been abandoned."
Scholle v. Hare, 369 U.S. 429 (1962): August Scholle petitioned a writ of mandamus to have the secretary of state, James Hare, prevent the upcoming State Senate election, because he felt that the districts were unevenly populated and as such, the districts were being denied their rights under the equal protection clause. The first case was dismissed because the Justices felt Scholle didn't have the right to change anything, but the second case succeeded in light of another case's ruling, Baker v. Carr, and under the Fourteenth Amendment of the U.S. Constitution, Scholle did have the right to change it, as there was actually a 2-1 disparity among the districts.
Michigan v. Long, 463 U.S. 1032 (1983): David Long was driving a car erratically and crashed into a ditch. The officers found marijuana in both the driver's compartment and the trunk of the car, as well as a hunting knife on the floor. Long attempted to have the marijuana suppressed. The Supreme Court reversed the Michigan Supreme Court's holding, stating that a protective search was reasonable under the principles of Terry v. Ohio (what is commonly referred to as a "Terry stop," or a "stop and frisk"). In this case, the principles in Terry also apply to the compartment and trunk of a vehicle if the officer has a reasonable suspicion that a suspect is armed and dangerous.
There are many issues you can solve without the help of a lawyer, surprisingly enough. If you don't know where to begin, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.