If a distracted driver hits you in Michigan, your auto insurance covers medical bills, but suing the at-fault driver for “non-economic” damages (like pain and trauma) is not automatic. You must prove a “serious impairment of body function.” Sigal Law Firm helps clients meet this strict legal standard against insurance companies that try to minimize injuries. Call us to speak directly with an attorney for an immediate case evaluation.
The “Threshold” for Pain and Suffering Claims
Michigan has a No-Fault insurance system, meaning your own insurance pays for medical care and lost wages (PIP benefits) regardless of who is at fault. PIP benefits do not cover pain and suffering.
To receive compensation for physical pain and emotional distress, you must sue the at-fault driver. Under MCL 500.3135, you can only sue if your injury meets one of three thresholds:
- Death
- Permanent serious disfigurement
- Severe impairment of body function
Most car accident lawsuits fall under the third category: “serious impairment of body function.” Because this is a legal, not medical, term, you need a lawyer who understands precisely how the courts define it.
The Three-Prong Legal Test
The definition of “serious impairment of body function” is codified in MCL 500.3135(5). To win your case, we must prove three specific things about your injury.
1. It Must Be Objectively Manifested
You cannot simply say, “My back hurts.” The law requires your injury to be observable or perceivable by someone else. This usually means we need medical evidence.
- Examples: MRI scans showing a herniated disc, X-rays showing a fracture, or a doctor’s observation of muscle spasms or bruising.
- The Rule: If there is no medical test that verifies your injury, it is challenging to meet this prong.
2. It Must Impair an Important Body Function
The injury must affect a body function that is of great value or significance to you.
- Examples Include Walking, using your hands, lifting your arms, turning your neck, or cognitive functions such as memory and concentration.
- The Rule: Almost any movement can be an “important body function,” but we must clearly identify which ones are damaged.
3. It Must Affect Your Ability to Lead Your Normal Life
This is often the most challenging part to prove. We must show that the injury has influenced your capacity to live in your “normal manner of living.” This comparison is specific to you, not an average person.
- The Comparison: We look at your life before the crash versus your life after the crash.
- No “Permanent” Requirement: The law explicitly states there is no temporal requirement. An injury does not have to be permanent to be serious. It just needs to disrupt your life for a period of time.
Who Decides If My Injury Is “Serious”?
A jury always decides if you are hurt. That is not always true.
Under MCL 500.3135(2)(a), the judge can decide your case before it ever reaches a jury. If there is no factual dispute about the nature of your injuries, the judge determines as a “question of law” whether you meet the threshold.
This means if we do not present strong evidence early on, a judge in the Oakland County Circuit Court could dismiss your case entirely. This makes it crucial to establish a solid evidentiary record from the outset.
How We Prove Your Case
At Sigal Law Firm, we do not wait for the insurance company to make an offer. We aggressively gather proof to satisfy all three prongs of the law.
Medical Imaging and Specialist Records
We ensure that you see specialists, such as orthopedists, neurologists, or pain management doctors, who can document “objectively manifested” injuries. A general check-up is often not enough.
“Day in the Life” Evidence
To prove the third prong (effect on everyday life), we need to show what you can no longer do. We may use:
- Employment records showing work restrictions.
- Statements from family members about household chores you can no longer perform.
- Testimony about hobbies you’ve had to give up, whether it’s bowling at a local league or playing with your kids at a Southfield park.
Strict Deadlines Apply
You do not have unlimited time to figure this out.
- Three Years: You generally have three years from the date of the accident to file a lawsuit for pain and suffering against the at-fault driver (MCL 600.5805).
- One Year: You must settle or file suit for unpaid No-Fault (PIP) medical benefits within one year of the date the expense was incurred (MCL 500.3145).
Waiting too long can destroy your claim. Evidence disappears, and memories fade.
Speak Directly to an Attorney
Navigating Michigan’s “serious impairment” threshold can be challenging. One mistake in your medical documentation can give the insurance company the excuse it needs to deny your claim. You need a team that is dedicated, driven, and determined to fight for you.
At Sigal Law Firm, we work on a Contingency Fee basis. You don’t pay unless we win. We cover the costs of building your case, including gathering medical records and hiring experts.
Do not let an insurance adjuster tell you that your injury “isn’t serious enough.” Contact us, and we will review the facts.
Call Sigal Law Firm now at 248-671-6794 for your free consultation.
