Fracture settlements
in Michigan.
Michigan applies modified-51 comparative fault and runs the United States' most comprehensive PIP no-fault auto scheme, restructured by PA 21 of 2019 with driver-elected coverage tiers. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Michigan's modified comparative — 51% bar and any applicable statutory cap.
Michigan applies modified comparative negligence with a 51% bar. A fracture claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability fracture cases where the comparative-fault split is close to even.
Michigan's caps (medical malpractice non-economic cap) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.
The US band is the starting point. Michigan's fault rule and any applicable cap then adjust the figure.