Can I Sue For A Mild Traumatic Brain Injury From A Detroit Car Crash?
A car crash in Detroit can change everything in an instant—even when injuries aren’t immediately visible. Mild traumatic brain injuries (mTBIs), such as concussions, often go undiagnosed in the days or weeks following an accident. These injuries can cause memory loss, headaches, fatigue, dizziness, mood swings, and long-term cognitive changes. If you or a loved one suffered a mild TBI in a crash, and someone else caused it, you may have the legal right to seek compensation under Michigan law.
We’ve handled many of these cases across Detroit and the state of Michigan. The symptoms of a mild TBI can affect every part of your life: your work, relationships, mental health, and daily function. Even though the injury may be labeled “mild,” the impact is often serious. That’s why Michigan law allows injury victims to sue for damages when certain legal conditions are met.
What Counts As A Mild Traumatic Brain Injury?
A mild traumatic brain injury usually occurs when the head is struck or jolted, causing the brain to move inside the skull. Common causes include rear-end collisions, T-bone crashes, or being thrown forward during a sudden impact.
Medical providers often diagnose mTBI based on symptoms like:
- Headaches
- Nausea or vomiting
- Fatigue or drowsiness
- Memory or concentration problems
- Mood changes (depression, irritability, anxiety)
- Blurred vision or light sensitivity
CT scans and MRIs may come back normal, but the patient can still be experiencing very real cognitive and neurological issues. That makes these cases complex, but also legally valid when supported by proper documentation and expert testimony.
Michigan’s No-Fault Law And What It Covers
Under Michigan’s no-fault law, your own auto insurance company is required to cover certain medical and wage loss benefits, regardless of who caused the accident. These Personal Injury Protection (PIP) benefits include:
- Hospital and doctor bills
- Lost wages (usually capped at 85% of gross income)
- Medical mileage and in-home care
- Rehabilitation services and therapy
These benefits are provided under MCL 500.3107 and MCL 500.3105, which govern allowable expenses and the causal connection between the injury and the crash.
However, PIP benefits do not cover pain and suffering. If you suffered a mild TBI and another driver was at fault, you may have the right to file a third-party lawsuit for noneconomic damages.
When You Can Sue The At-Fault Driver
To sue for pain and suffering in Michigan, you must meet the “threshold injury” requirement under MCL 500.3135. This statute allows lawsuits for noneconomic damages only when the injured person has suffered:
- Death
- Permanent serious disfigurement
- Serious impairment of body function
Even mild traumatic brain injuries may qualify as a serious impairment of body function if they affect an important part of your life, such as your ability to work, care for yourself, or interact with others. Michigan courts have recognized cognitive impairments, emotional changes, and prolonged post-concussion symptoms as serious enough to meet this threshold.
Proving A TBI And Its Impact On Your Life
Insurance companies often deny or undervalue mild TBI cases because they’re not always visible on scans. That’s why medical records, treatment notes, neuropsychological testing, and statements from friends or coworkers are critical. We also work with neurologists and therapists to document changes in your behavior, cognitive function, and daily life.
Even if your initial ER records don’t mention a concussion, that doesn’t mean your claim is invalid. Many victims don’t realize they’ve suffered a brain injury until symptoms start affecting their work, memory, or emotional health days later.
What Compensation Can Be Recovered?
In a third-party lawsuit, you may be entitled to compensation for:
- Pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Future medical expenses
- Future wage loss
- Loss of earning capacity
In addition, your no-fault PIP insurer must continue covering approved medical expenses and wage loss related to the TBI, regardless of fault.
Time Limits For Filing A Claim
Under MCL 600.5805, you generally have three years from the date of the accident to file a lawsuit for personal injury. If you’re filing a no-fault claim against your own insurance company for unpaid benefits, you must provide notice within one year and file suit within one year of the unpaid expense under MCL 500.3145.
If the injury occurred in a crash involving a government vehicle or employee, even shorter deadlines may apply under Michigan’s Governmental Tort Liability Act.
FAQs About Mild Traumatic Brain Injuries From Michigan Car Accidents
Can A Mild Traumatic Brain Injury Qualify As A Serious Impairment Under Michigan Law?
Yes. Even if your brain injury is classified as “mild,” you may still qualify for a third-party lawsuit under Michigan law if it significantly impacts an important body function or limits your ability to lead your normal life. Courts often look at how the injury affects your ability to work, think clearly, sleep, manage emotions, or perform everyday tasks.
Does A Concussion Always Show Up On A CT Scan Or MRI?
No. Many mild TBIs do not appear on traditional imaging studies. However, that doesn’t mean they aren’t real or disabling. We use a combination of neuropsychological testing, medical records, and testimony from doctors and loved ones to show how the injury has affected your function and quality of life.
Can I Recover Compensation For Anxiety Or Mood Changes After A Crash?
Yes. If those changes are linked to your brain injury or the trauma of the accident, you may be entitled to compensation for emotional distress, and pain and suffering. These symptoms are especially common in post-concussion syndrome and can be included in a third-party lawsuit against the at-fault driver.
How Long Do I Have To File A Brain Injury Lawsuit In Michigan?
You typically have three years from the date of the accident to file a personal injury lawsuit in Michigan. However, if you are pursuing no-fault benefits from your insurance company, you must act sooner—within one year of the unpaid expense. Talk to a lawyer quickly so your rights are preserved.
What If The Insurance Company Says My Injury Is Minor?
Insurance adjusters often downplay mTBI symptoms because they don’t show up on a scan. We gather detailed medical records, therapy notes, and expert evaluations to prove the full impact of the injury. If necessary, we take your case to court to force a fair outcome.
Can A Mild Brain Injury Cause Long-Term Problems?
Yes. Even so-called “mild” TBIs can lead to lasting symptoms like difficulty concentrating, memory loss, fatigue, irritability, and emotional changes. These problems may persist for months or longer, especially if not treated properly. That’s why early diagnosis and legal action are both important.
Talk To Ravid & Associates, P.C. About Your Mild Brain Injury Case
We’ve helped car accident victims across Detroit and the entire state of Michigan recover full compensation for the lasting effects of brain injuries. If you suffered a concussion or mild traumatic brain injury in a crash, don’t assume it’s too minor to take action. Let us review your case, evaluate the medical documentation, and explain your legal options clearly and without pressure.
Contact our Detroit car accident attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. Our team serves injury victims in Detroit, Southfield, and throughout the entire state of Michigan. There’s no fee unless we recover compensation for you.
