How Michigan Laws Protect Victims With Late-Onset Symptoms
If you’ve been in a car accident in Michigan, you may not feel the whole impact of the crash all at once. In fact, it’s not impossible that some symptoms won’t appear until days, weeks, or months later. These kinds of belated symptoms can complicate your recovery and your legal case even further. The state’s laws offer protection, but knowing how they apply can make a big difference.
Michigan Is A No Fault State Regarding Auto Accidents
Michigan is a no-fault state regarding auto accidents. This means that, generally, your own insurance will cover medical expenses and other economic losses, even if it wasn’t your fault. Pursuant to Michigan’s No-Fault Insurance Act under MCL 500.3101 et seq., drivers must carry Personal Injury Protection coverage. Coverage under PIP should pay the medical bills and lost wages after an accident. But what happens when your symptoms don’t turn up for weeks?
Late-onset symptoms of traumatic brain injuries, soft tissue damage, and even psychological trauma may indeed be very real but present some challenges. Since they are injurious conditions that are not necessarily evident right away, insurance carriers might be less likely to want to pay for associated medical bills or lost wages. It is here that the legal system, when understood, will have your rights protected.
While an experienced attorney may save late-onset injury claims, it is also a good idea to consult a lawyer even if you think you survived the collision without significant injury. Late-onset injuries may not appear right away, but an early consultation can help build your case and give credibility to any symptoms that develop later. Injuries that seem minor initially can worsen over time, and having early documentation can be vital to securing the compensation your case deserves.
Under Michigan law, you are entitled to recover for injuries connected with your auto accident, even if your injuries do not immediately appear. The critical factor is that your accident and your subsequent symptoms are linked. This usually means that you will need medical records and professional opinions to prove your injuries are the result of the collision.
Michigan Statute Of Limitations
Another problem is Michigan’s statute of limitations. Typically, you have three years from the date of your accident to file a personal injury lawsuit under MCL 600.5805. However, the clock begins on the day of the accident-not the day your symptoms become apparent. This can be problematic for those experiencing latent symptoms, so it is best to consult a doctor right after the accident and speak with an attorney who can sort out all legal issues that accompany late-onset injury.
The law also allows for recovery of non-economic damages, such as pain and suffering, if you meet the “threshold injury” requirement under Michigan tort law, MCL 500.3135. This threshold usually requires that the injury be significant and life-altering. If your late-onset symptoms qualify under this threshold, you may be entitled to recover compensation beyond what PIP covers.
Delayed symptoms are very serious in both medical and legal ways: an insurance company may be able to intimate that your claims are not valid or that your current injuries did not happen as a result of the accident. This is another reason why documenting these things early is important, as well as knowing the specifics of your rights. Hence, consulting with an attorney who is familiar with Michigan’s auto accident laws can help secure compensation.
Michigan Auto Accident Injury FAQs
How Long After A Car Accident Can I Report Late-Onset Symptoms?
It’s best to report symptoms as soon as possible. Even if you didn’t feel injury or pain immediately after the crash, you must immediately report to the insurance company and start your treatment. Sometimes, due to a delay in reporting, the insurance company may question whether the injury you are experiencing is related to the car crash, which will make things more complicated for you.
Can I Still Get Compensation If My Symptoms Show Up Weeks After The Accident?
Yes, you can be compensated under Michigan’s no-fault system, even if your symptoms do not appear right away. You must be able to show, however, that your injuries are related to the accident. And that is why good medical documentation is key. Your doctor should outline how your injuries most probably emanated from the accident, and this will help you support your claim with both the insurance company and the court.
How Long Do I Have To File A Claim If My Symptoms Are Delayed?
That means, in general, Michigan’s statute of limitations to file a personal injury claim is three years from the date of the accident. Even if your symptoms come later, the day of the crash is when the clock starts ticking. If your injuries do not meet the threshold to file a lawsuit, your PIP benefits should still cover medical expenses and lost wages. However, the time frame in which you can file a PIP claim with your insurer is usually one year, so act with dispatch.
What If The Insurance Company Does Not Cover My Injuries That Have Appeared Later?
If your insurance company denies your claim for a late-onset injury, you have the right to appeal. First, reread your insurance policy and understand your rights and the reasons for denial. Retain an attorney who can support the development of your argument with medical records and any other evidentiary needs that your injury can be linked to the accident. Often, it would be necessary to file a suit in order to get the compensation that you deserve.
What Are Common Late-Onset Symptoms After A Car Accident?
Some of the most common late-onset symptoms include neck and back pains due to whiplash injuries, headaches and cognitive problems linked to traumatic brain injuries, and psychological trauma, including post-traumatic stress disorders. Chances are that all these kinds of injuries may not manifest at the beginning but could impact your health and well-being for a very long period afterward.
Can I Sue If My Late-Onset Symptoms Are Below Michigan’s Serious Injury Threshold Amount?
It is important to note that Michigan’s no-fault law only allows for any claim for non-economic injury-such as pain and suffering, once one reaches a threshold injury. However, even when the no-fault threshold injury is not met, one can claim economic injuries such as medical expenses and lost wages under their PIP benefits. If your injuries get progressively worse with time and meet the threshold, you may then pursue additional compensation.
How Can An Attorney Help Me With My Late-Onset Symptoms Case?
An attorney will help organize your medical records to correlate your symptoms with the accident and negotiate for fair compensation with insurance companies. If needed, they may file a lawsuit. It is challenging to prove late-onset symptoms, but an attorney experienced in Michigan auto accident cases can prepare you for the process and protect your rights.
Do I Require Any Medical Records To Prove The Injury With Late-Onset Symptoms?
Yes, medical records will play a significant role in proving your late-onset symptoms are accident-related. Your healthcare provider’s diagnosis and course of treatment provide critical evidence linking your injury to the crash. Without this information, it is likely to be a lot more difficult to link your symptoms to the accident.
How Does Michigan’s No-Fault System Apply To My Ability To Sue For Late-Onset Injuries?
Michigan’s no-fault system limits the right to sue for non-economic damages unless the severity of one’s injuries meets the threshold requirement. But, in any event, no-fault PIP benefits should cover your medical bills and lost income, regardless of fault. Under Michigan law, you may file a lawsuit for additional damages because your delayed symptoms have caused you serious impairment or disfigurement.
Contact Our Detroit Auto Accident Attorney For A Free Consultation
With late-onset symptoms from a car accident, you cannot afford to wait any longer for help. Ravid & Associates, P.C. is prepared to discuss your legal options and pursue the compensation to which you are entitled. Contact our Detroit auto accident attorney at Ravid & Associates, P.C., by calling (248) 948-9696 to receive your free consultation. Serving Southfield, Detroit, and all of Michigan. Let us help you recover compensation for your late-onset symptoms.
