You often hear politicians claim, “lawyers are filing frivolous lawsuits.” The ambulance chasers of the world, the derogatory term used for attorneys by media personalities who sell snake oil on their radio shows, must be stopped before they harm businesses and medical professionals. However, tort reform is nothing more than the legislators of a given […]
Read more...Tag: Michigan tort reform
Availability of exemplary damages in Michigan
What are Exemplary Damages? Exemplary damages are awarded in order to “compensates plaintiffs for humiliation, sense of outrage, and indignity resulting from injustices maliciously, willfully, and wantonly inflicted by the defendant.” McPeak v McPeak (On Remand), 233 Mich App 483, 490, 593 NW2d 180 (1999) A plaintiff who seeks exemplary damages for the defendant’s willful, […]
Read more...Is there a limit on medical malpractice damages in Michigan?
Does Michigan have a cap on medical malpractice damages? The short answer is, thanks to tort reform, yes. Like many states, Michigan “caps” or limits the amount of damages that are available to a plaintiff who has been successful in a medical malpractice lawsuit. Michigan’s cap is a little more complex than most states’. According to […]
Read more...Allowable Damages In Michigan medical Malpractice Cases
At the time of this writing, medical malpractice cases in Michigan have a cap on the amount of allowable damages. Unfortunately, Michigan legislators believe they alone, instead of the jury, should determine the amount of damages plaintiffs are allowed to obtain as compensation for injuries caused by the negligence of medical professionals. As in all […]
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