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★ Michigan · head & brain

Head & brain settlements
in Michigan.

By Reviewed by Abd Shanti, Founder9 min read

Michigan brain injury cases turn on expert proof of causation. A jury found for a man with cerebral palsy who blamed care during his mother’s labor, and the Supreme Court reversed because the expert’s theory had not been properly tested.

Facts that decide a head & brain claim in Michigan

Expert causationA trial court must act as gatekeeper for expert testimony linking a medical event to a brain injury; unreliable causation testimony cannot support a verdict.Craig v. Oakwood Hospital (Mich. 2004)
Malpractice cap for brain injuryIn malpractice cases the higher noneconomic limit, $1,065,000 in 2026, applies to certain permanent injuries, which include brain injury.Michigan Department of Treasury, 2026 noneconomic damages notice
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)
Seat belt useFailure to wear a belt can be negligence, but cannot reduce the recovery by more than 5%.MCL 257.710e, in the MyClaimWorth seat belt chart
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★ MI · reported head & brain outcomes

What Michigan courts have awarded.

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

  • Craig v. Oakwood Hospital
    Michigan Supreme Court · 2004
    Plaintiff’s verdict reversed; judgment for defendants

    Antonio Craig has cerebral palsy, intellectual disability and other neurological conditions. He claimed they resulted from negligent care of his mother in labor, which his experts said reduced oxygen to his brain. His Apgar scores at birth were 8 and 9. After a five week trial the jury found for him, but the Supreme Court held the causation testimony should not have been admitted without a proper hearing and ordered judgment for the defendants.

★ MI · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Michigan.

  1. 1

    Brain injury cases need causation experts whose methods hold up. Craig shows a jury verdict wiped out because the chain from labor events to cerebral palsy rested on untested theory.

  2. 2

    Contemporaneous records matter. Normal Apgar scores in Craig undercut the claim that the baby was deprived of oxygen at birth.

  3. 3

    In car crash cases a traumatic brain injury usually meets the no fault threshold; the fight is over how it affects the person’s normal life and future earning capacity.

★ 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 head & brain settlement in Michigan.

★ head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain 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 · head & brain →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · head & brain →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · head & brain →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · head & brain →
OhioModified comparative, 51% bar2 years from date of injuryOH · head & brain →
South DakotaSlight versus gross negligence3 years from date of injurySD · head & brain →
MontanaModified comparative, 51% bar3 years from date of injuryMT · head & brain →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · head & brain →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · head & brain →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · head & brain →
MississippiPure comparative negligence3 years from date of injuryMS · head & brain →
New MexicoPure comparative negligence3 years from date of injuryNM · head & brain →
★ MI · head & brain · frequently asked

Common questions.

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

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Sources

Checked 2026-09-28.

★ all of MI
Michigan overview

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

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.