Damages, Comparative Fault, and Statutory Caps
Damages questions test whether you can apply comparative fault, collateral sources, and the statutory caps in the correct order.
Recoverable damages
Tort damages in Michigan include past and future medical expenses, past and future wage loss and lost earning capacity, and noneconomic damages for pain, suffering, and loss of enjoyment. Wrongful death claims proceed under MCL 600.2922 and include loss of society and companionship.
Comparative fault and collateral sources
Under MCL 600.2959 recovery is reduced by the plaintiff's percentage of fault, with a complete bar above 50%. MCL 600.6303 requires a post-verdict reduction for collateral-source payments while preserving subrogation. Judgment interest runs from the date of filing under MCL 600.6013.
Statutory caps
Noneconomic damages in medical malpractice are capped by MCL 600.1483, with a higher cap for enumerated catastrophic injuries and for plaintiffs who were minors or legally disabled at the time of injury. Product-liability noneconomic damages are capped by MCL 600.2946a on similar terms. The caps are adjusted annually for inflation; cite the current State Treasurer certification rather than a memorized number. Economic damages are not capped.
Case evaluation and offers
Under MCR 2.403, rejecting a case evaluation and faring worse at trial exposes the rejecting party to sanctions; MCR 2.405 offers of judgment carry similar cost consequences. In practice these rules often outweigh the verdict.
Worked example
A jury awards $600,000 noneconomic and $400,000 economic damages, allocating 20% fault to the plaintiff. The noneconomic component is first reduced to the inflation-adjusted statutory cap, then the total is reduced by 20%. Economic damages escape the cap but are still reduced by comparative fault.
Traps
Applying the cap to economic damages; quoting a stale cap figure; forgetting collateral-source reduction; ignoring case-evaluation sanctions when advising a client on settlement.