Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Michigan

Abstract This article discusses the methods by which damages are calculated in personal injury and wrongful death cases in the state of Michigan. It discusses issues relevant to the economic damages expert that are common to all matters of personal injury and wrongful death damages law in Michigan. The areas that are unique to Michigan in estimating damages are discussed in detail with sources cited from both Michigan's statutes and case law. There is a clear separation between estimating the particular components for normal tort claims for personal injury and wrongful death damages and claims arising from automobile accidents. An assessment of noneconomic damages available, as a matter of law to Michigan plaintiffs, is described within the context of personal injury, wrongful death and no-fault automobile injury litigation. The last section presents matters of admissibility of evidence by the damage expert in the course of trial.