As a no-fault state, Michigan law requires drivers to carry personal injury protection (PIP) insurance to pay for their medical bills and lost wages after a car accident, regardless of fault. Pain and suffering compensation can be recovered if the at-fault driver was negligent, resulting in injuries that meet Michigan law’s impairment of body function threshold. Contact our Southfield car accident lawyers if you are involved in a car accident to discuss possible compensation. Our personal injury attorneys at Thurswell Law could help you determine your legal options.
What Compensation is Available After a Car Accident?
Accident victims must first file a PIP claim with their insurance company. Property damages up to $3,000 can be recovered from an at-fault driver through a mini-tort claim. For non-economic compensation, injured parties must meet the following requirements:
- The injury must be observable by someone other than the injured person
- The injury must impact a significant bodily function
- The injury affects the person’s ability to live a normal life
Impairment does not have to be permanent. Accident victims may pursue compensation for temporary pain and suffering if the injury meets the criteria. However, they may not seek compensation for pain and suffering if they are more than 50% at fault or are driving their uninsured vehicle.
What Constitutes Impairment?
Meeting the legal standards for impairment requires a knowledgeable Southfield car crash attorney with a thorough understanding of the threshold. A skilled attorney could help demonstrate the following:
Objective Manifestation
A licensed medical professional must diagnose injuries. Medical records, physician notes, test results, and treatment plans are presented as supporting documentation for impairment. Medical experts may discuss possible prognoses.
Important Body Function
Important body function refers to physical or cognitive functions needed for daily living, such as walking, talking, or lifting. Impaired functions must be essential to maintaining a quality of life, employment, and self-care routines.
Normal Life
Legal teams often disagree on what constitutes a normal life for an accident victim. The legal system looks at an injured person’s lifestyle before and after the accident, whether the impairment is permanent or temporary, and the degree of impairment. For example, an injury that alters how an individual performs daily functions, such as self-care routines, alters the victim’s lifestyle more significantly than an injury that prevents participation in a leisure activity.
Is There a Statute of Limitation for Car Crash Cases?
Drivers involved in accidents resulting in death, personal injury, or property damage must immediately report the accident to the nearest police station or officer. The responding officer forwards the report to the Department of State Police. The report establishes the accident’s date and time.
Filing a compensation claim must occur within the following time constraints.
- Accident victims have one year to notify their insurance company of an accident and to file a claim for benefits
- Third-party lawsuits must be filed within three years. The case is filed against the at-fault driver or insurance company
- Wrongful death claims must be filed by the decedent’s estate within three years
Failure to meet the deadlines can result in the dismissal of all claims. Our Southfield vehicle collision attorneys could ensure a person files all claims on time.
Contact a Car Crash Attorney in Southfield
Many car accidents are minor fender benders that are quickly resolved. However, others can be life-altering. Even if the disruption is temporary, the loss of wages, the emotional distress, and the financial stress can wear on you and your family. Contacting our Southfield car accident lawyers could lessen the strain. Our team could focus on getting you the compensation you deserve so you can concentrate on your recovery. Call us today at 248-354-2222.
N/a 
