Michigan is a no-fault state, meaning that the at-fault driver is not responsible for all “pain and suffering” damages caused. There is, however, a notable exception. If the injured person suffers what’s called a “threshold injury”, meaning that the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement and was not more than 50% at-fault in causing the accident. “Serious impairment of body function” means an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life. The law interpreting the threshold injury has changed over time and there are many important factors that can affect the outcome of your case. It is important to have strong medical evidence of an objective manifestation as well as a forensic crash investigator, if the injured person is accused of fault by the other drivers.
It is very important in these types of cases to gather evidence early, including:
- Forensic traffic accident reconstruction expert to eliminate claims that the injured person was more than 50% at-fault,
- Expert medical testimony to establish that the injured person suffered from an objectively manifested serious impairment; and,
- Damages expert, such as a life care planner, rehabilitation counselor, disability examiner or economist, to analyze the economics of the injured person’s pain and suffering damages.
To schedule an appointment to discuss your automobile or motorcycle accident case, please call (734) 475-4659.x