The cost of filing your lawsuit is $25 for claims up to $600, $45 for claims over $600 up to $1,750, and $65 for claims over $1,750 up to $3,000. Be sure to bring this amount with you when you file your claim. The amount of the fees can be included as part of the judgment against the defendant (the person your are suing) if the judge decides in your favor.

After you have filed your claim, the court will notify the other party that you have filed a claim against them and the date they are to be in court. The defendant can respond before the hearing.The defendant may offer to settle out of court after learning you have filed a suit. If you settle the matter out of court, you can either voluntarily dismiss your lawsuit or obtain a judgment.

The hearing will usually take place at the court where the claim was filed. The court clerk will call the case and both parties will appear before the judge or magistrate. The judge will ask the plaintiff to state his or her claim. When the plaintiff has finished, the defendant will have an opportunity to explain his or her side of the case. Each party may present evidence to support his or her argument. Witnesses will be allowed to tell the court about facts they know that support this evidence. Once you get to small claims court, you will make exactly the same arguments you made to the claims adjuster, only this time a neutral judge will be listening. And the value of your claim—both for personal injury and for any property damage—will be calculated by the judge just as you calculated it using the factors discussed earlier.

A judge’s decision in the Michigan small claims division is final. Neither party can appeal to a higher court once the judge has made a decision in the small claims division; although, on petition by either party, the same judge may reopen the case.

If you obtain a judgment against the defendant, the court will provide you with instructions regarding postjudgment collections.

MI SMALL CLAIMS IN A NUTSHELL

Statues: Michigan Compiled Laws, Ch. 600, Subchapter 84, Sections 8401-8427.

Dollar Limit: $3,000.

Where to Sue: Where defendant resides or where breach or injury occurred. If suing local government entity, suit must be brought in location of that entity.

Service: Personal service. Certified mail with return receipt; mail service must be made by clerk.

Hearing Date: 15-45 days from service.

Attorneys: Not allowed.

Transfer: If either side requests or defendant counterclaims for more than $3,000, case tried under regular civil procedure of court. Either party may, before trial, transfer to general civil division or require that District Court judge hear the case.

Appeals: If trial was before district court magistrate, either side may appeal for new trial to small claims division of the District Court within 7 days. Otherwise, not allowed.

Special Provisions: No equitable relief. Right to sue may not be transferred. No libel or slander, intentional torts or fraud cases. No jury trial. Plaintiff may not file more than five claims in one week. Court may refer cases to mediation or arbitration.
Because court rules may change at any time, always check with the clerk of your Michigan small claims court to verify the accuracy of the information given for your district

“On a night when the Governor stressed the need to work cooperatively to move Michigan forward, we are disappointed that she chose to highlight a highly divisive political issue designed to benefit personal injury lawyers‘ pocketbooks by making Michigan a liability lawsuit magnet.

“Michigan law already allows a person to sue when a drug manufacturer knowingly tries to hide information or deceive the FDA about a product’s safety. Companies that knowingly try to mislead consumers must continue to be held accountable. But life science companies whose mission is to research and develop drugs with the purpose of helping people lead healthier, more productive, lives and have followed and met rigorous FDA approval standards, should not be subjected to endless litigation.

“Repealing Michigan’s FDA defense law will make personal injury lawyers millions of dollars while taking the state of Michigan and our economy one giant step backwards.”

The Michigan Chamber of Commerce is a statewide business advocacy organization representing over 7,000 employers, trade associations and local chambers of commerce. The Michigan Chamber was established in 1959 to be a strong advocate for Michigan’s job providers in the legislative, political and legal process.
SOURCE Michigan Chamber of Commerce
Copyright©2008 PR Newswire.
All rights reserved

Depending on the accident, medical attention may or may not be required.  In an automobile accident, for example, the individual who caused the accident will be responsible for any repairs to the victim’s automobile, along with the previously mentioned compensation.  Most individuals hire a lawyer soon after the accident occurs even though settlement negotiations will typically not begin until after medical treatment has ended.

After concluding medical treatment, a personal injury lawyer will begin to negotiate with the insurance company representing the person who caused the accident.  During this time, lawyers will assess the amount of medical bills, doctor reports and diagnosis, lost wages, damages and will attempt to estimate a fair amount of pain and suffering.  After gaining your approval, personal injury lawyers will submit a proposal to the insurance adjuster for consideration.  It generally takes 30 days for a response, which is expected to be a counteroffer.  At this time, lawyers will discuss the offer with their client and see if a fair settlement can be reached.  If not, the lawyer will prepare another letter explaining that the adjuster’s offer is not acceptable and will, once again, request that the case be settled for a slightly lower amount than the original proposed amount.  This situation is a test of each side as the adjuster wants to settle the case for as little as possible while the lawyers want to make sure their clients are properly compensated.  After several letters back and forth, and perhaps some telephone calls, the lawyers will advise their client when a fair offer has been reached.  While they cannot instruct their client on what to do, they can advise them on the fairness of the offer and how that figure may change if the case were to proceed to trial.

For reasons of both time and expense, the majority of personal injury cases are settled out of court.  Once a trial is granted, attorney fees and court costs increase dramatically.  An attorney receives a pre-negotiated amount of the client’s settlement, but receives a larger percentage if the case moves to trial.  There are a number of lawyers who handle personal injury cases and it is always important to select one that is most sincere and seems most knowledgeable about the process.

The information in this article is to be used for informational purposes only.  It should not be considered as, or used in place of, professional legal advice.  Individuals who need legal help should consult one of the lawyers in their area who can assist them with their questions and concerns.