In Michigan civil court, a plaintiff who has suffered domestic violence can seek compensation for lost wages, medical expenses, as well as pain and suffering depending on which causes of action are brought against their abuser.
The amount you could be awarded for pain and suffering is somewhat subjective. It is based on the amount that is determined to fairly account for the suffering inflicted on the plaintiff. As such, it is quite helpful to have an attorney who can research similar lawsuits and compare what kind of damages those plaintiffs received.
If your damages are not at least $6000, consider whether or not this lawsuit will cost you more than you could get in return. You should also be aware that small claims court (which excludes attorneys for both parties) is not available in intentional injury cases.
Michigan law also allows for exemplary damages. Exemplary damages are similar to punitive damages which are available in other states (but have been abolished in Michigan). Exemplary damages are available to compensate for humiliation and other non-physical harms that result from the defendant’s willful and malicious actions.
The person seeking punitive damages does not have to provide direct evidence that they suffered such harms. They only need to persuade the judge or the jury that these are the sorts of harms that a reasonable person would expect to result from such egregious conduct.
Unfortunately, Michigan law does not allow plaintiffs in intentional injury lawsuits to sue for attorney’s fees. This is why it is important to make sure the reasonable damages are not to cover the fees and costs. For additional information, click here.
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