Michigan Economic Damage Claims

A very important component of damages that is often overlooked is the ability of the Michigan auto accident lawyer to bring an excess economic damage claim for his client. As discussed, a defendant tortfeasor has immunity for economic losses including wage loss and loss of services for the first three years after the auto accident. As these cases now move faster through the court system today, oftentimes a Michigan auto accident attorney will overlook bringing the excess economic claim assuming it is not "ripe." However, even in these limited circumstances, amounts in excess of the daily, monthly, or three (3) year periods are recoverable.

Another interesting challenge for the Michigan auto accident lawyer that separates these claims from other types of personal injury actions or from damage claims in other states, is that in Michigan a claim can only be made for actual wage loss. Claims cannot be made for loss of earning capacity. A useful mental framework is to view the economic projections using a "but for" analysis - loss of income that an injured party would have earned but for the auto accident and subsequent injury.

High wage earners injured in a Michigan auto accident who earn over the statutory wage loss maximums that are adjusted annually on October 1st of each year can also bring a claim for economic loss over the statutory maximum within the first three years.

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