This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Damages Allocation in Michigan

In Michigan, the allocation of damages among multiple defendants is governed by MCL 600.6304, which generally requires that each defendant pay only its proportionate share of the plaintiff's total damages. This statute mandates that the trier of fact determine the percentage of fault attributable to each party, including the plaintiff if comparative negligence applies. The court then enters judgment against each defendant based on that assigned percentage, rather than imposing joint and several liability for the full amount. However, the law provides exceptions to this proportionate-share rule under specific circumstances. The exact formula and factors for calculating these allocations are set forth in the statute itself. The worked example below demonstrates how the calculation proceeds. To estimate the allocation in your own case, use the DocketMath calculator.

Governing authority

In Michigan, the damages allocation rule is set by MCL 600.6304. The verified packet cites MCL 600.6304 (https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-6304).

Michigan damages allocation: governed by MCL 600.6304. The verified packet cites MCL 600.6304 (https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-6304).

Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.