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★ Michigan · fracture

Fracture settlements
in Michigan.

By Reviewed by Abd Shanti, Founder9 min read

Two Michigan Supreme Court decisions shape every fracture claim. McCormick, about a worker whose ankle was run over by a truck, set the test for car crash injuries. Kandil-Elsayed in 2023 ended the rule that barred claims over open and obvious hazards.

Facts that decide a fracture claim in Michigan

Open and obvious hazardsSince 2023 an open and obvious condition is weighed in breach and comparative fault, not used to deny that the owner owed any duty.Kandil-Elsayed v. F & E Oil (Mich. 2023)
Fault ruleA plaintiff more than 50% at fault cannot recover noneconomic damages; economic damages are reduced by the plaintiff’s share.MCL 600.2959, as explained in Kandil-Elsayed v. F & E Oil (Mich. 2023)
No fault thresholdPain and suffering after a car crash requires death, permanent serious disfigurement, or a serious impairment of body function: “an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life.”MCL 500.3135(5), as quoted in Patrick v. Turkelson (Mich. Ct. App. 2018)
Deadline to sue“3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.”MCL 600.5805, as quoted in Henry v. Dow Chemical (Mich. Ct. App. 2017)
Claims against public bodiesRoad defect notice within 120 days; injury claims against the State within 6 months.MCL 691.1404 and 600.6431, in the MyClaimWorth notice of claim chart
united states · sister site
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★ MI · reported fracture outcomes

What Michigan courts have awarded.

Real Michigan decisions and verdicts, each linked to the court record or official report.

  • McCormick v. Carrier
    Michigan Supreme Court · 2010
    Serious impairment found; dismissal reversed

    Rodney McCormick loaded trucks at a GM plant, working 9 to 10 hour shifts six days a week. In 2005 a coworker backed a truck into him and drove over his left ankle, fracturing the medial malleolus. Surgeons inserted metal hardware, he could not bear weight for a month, and needed months of therapy and a second surgery. The Supreme Court overruled Kreiner v. Fischer and held he had a serious impairment of body function as a matter of law.

  • Kandil-Elsayed v. F & E Oil
    Michigan Supreme Court · 2023
    Dismissal reversed

    Ahlam Kandil-Elsayed slipped and fell on snow and ice at a gas station and sued the operator, which won dismissal because the danger was open and obvious. The Supreme Court overruled Lugo v. Ameritech, holding that obviousness goes to breach and comparative fault, and reversed.

★ MI · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Michigan.

  1. 1

    An ankle fracture with surgery can meet the threshold. McCormick is the leading example: surgery, a month without weight bearing and months of therapy were enough as a matter of law.

  2. 2

    Slip and fall cases on ice are no longer thrown out just because the ice was visible. After Kandil-Elsayed a jury weighs the obviousness in assigning fault.

  3. 3

    Watch the 50% line. A plaintiff more than 50% at fault loses noneconomic damages entirely under MCL 600.2959, which matters in winter fall cases.

★ MI · statute of limitations
3 years from date of injury

Mich. Comp. Laws § 600.5805

★ MI · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ MI · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Michigan.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Michigan's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Michigan · you are hereModified comparative, 51% bar3 years from date of injury—
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · fracture →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · fracture →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · fracture →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · fracture →
OhioModified comparative, 51% bar2 years from date of injuryOH · fracture →
South DakotaSlight versus gross negligence3 years from date of injurySD · fracture →
MontanaModified comparative, 51% bar3 years from date of injuryMT · fracture →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · fracture →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · fracture →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · fracture →
MississippiPure comparative negligence3 years from date of injuryMS · fracture →
New MexicoPure comparative negligence3 years from date of injuryNM · fracture →
★ MI · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Michigan? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of MI
Michigan overview

Fault rule, statute, caps, and key facts for Michigan as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Michigan. See /methodology, /sources, and /disclaimer.