Can You Sue For Pain And Suffering After A Car Accident In Michigan?
Car accidents can leave victims with more than just medical bills and vehicle damage. Many people experience significant pain and suffering after a crash, affecting their quality of life, emotional well-being, and ability to work. In Michigan, recovering compensation for these damages depends on the severity of the injuries and whether the legal requirements are met. The state’s no-fault insurance system limits when and how victims can sue for pain and suffering. However, in certain situations, those injured in a car accident can pursue a claim against the at-fault driver. At Ravid & Associates, P.C., we help accident victims understand their legal options and fight for the compensation they deserve.
Understanding Michigan’s No-Fault Insurance System
Michigan follows a no-fault insurance system, meaning drivers turn to their own insurance policies first for medical expenses, lost wages, and other benefits. Under MCL 500.3107, personal injury protection (PIP) benefits cover reasonable medical costs and a portion of lost wages, regardless of who caused the accident. However, PIP does not cover pain and suffering damages. To sue for these losses, an injured person must meet the legal requirements under Michigan law.
When Can You Sue For Pain And Suffering?
Not every car accident victim in Michigan can sue for pain and suffering. Under MCL 500.3135, an injured person can file a claim against the at-fault driver if they suffered a threshold injury, which includes:
- Death – The family of a deceased victim can pursue a wrongful death claim.
- Serious Impairment of Body Function – The injury must affect an important body function and impact the person’s ability to lead a normal life.
- Permanent Serious Disfigurement – This includes severe scars or disfigurements that significantly alter a person’s appearance.
If an injury meets one of these thresholds, the victim can pursue a lawsuit against the at-fault driver for pain and suffering damages.
How Pain And Suffering Damages Are Calculated
There is no fixed amount for pain and suffering compensation in Michigan. Instead, courts consider various factors, including:
- The Severity Of The Injury – More serious injuries generally result in higher compensation.
- Length of Recovery – Long-term or permanent impairments increase the value of a claim.
- Impact On Daily Life – If an injury prevents someone from working, engaging in hobbies, or caring for their family, it may lead to a higher award.
- Medical Evidence – Medical records, doctor testimony, and expert opinions help establish the extent of the pain and suffering.
Unlike economic damages, which have clear costs, pain and suffering compensation varies based on the facts of each case.
Proving Pain And Suffering In Michigan
To succeed in a claim for pain and suffering, strong evidence is required. This can include:
- Medical Records – Detailed records of treatment, surgeries, and rehabilitation support the claim.
- Statements From Doctors – Physicians can testify about the severity of the injury and its long-term effects.
- Testimony From Family And Friends – Those close to the victim can explain how the injury has changed their daily life.
- Personal Journals – Written accounts of pain levels, emotional distress, and lost activities can strengthen a case.
Michigan law requires clear and convincing evidence that the injury meets the serious impairment threshold. Insurance companies often dispute these claims, making strong documentation essential.
Time Limits For Filing A Pain And Suffering Claim
Under MCL 600.5805, Michigan law sets a three-year statute of limitations for filing a lawsuit against the at-fault driver. This means accident victims must take legal action within three years from the date of the crash. If a claim is not filed within this timeframe, the right to seek compensation may be lost.
How Insurance Companies Try To Deny Pain And Suffering Claims
Insurance companies frequently challenge pain and suffering claims to minimize payouts. Common tactics include:
- Arguing the Injury Does Not Meet the Threshold – Insurers may claim the injury is minor and does not qualify for a lawsuit.
- Blaming A Pre-Existing Condition – If the victim had prior injuries or medical issues, the insurance company may argue that the accident did not cause the pain.
- Downplaying the Impact – Insurers may argue that the injury does not significantly affect daily life.
Having strong legal representation ensures that these challenges are properly addressed and victims receive fair compensation.
Frequently Asked Questions About Suing For Pain And Suffering In Michigan
Can I Sue For Pain And Suffering If I Was Partially At Fault For The Accident?
Yes, but the amount of compensation may be reduced. Michigan follows a comparative fault system under MCL 600.2959. If the injured person is more than 50% at fault, they cannot recover non-economic damages, including pain and suffering. However, if they are less than 50% at fault, they can still seek damages, but the compensation will be reduced based on their percentage of fault.
Do I Need To Prove Physical Injuries To Sue For Pain And Suffering?
Yes, under Michigan law, a serious impairment of body function or a permanent serious disfigurement must be proven to pursue a claim. Emotional distress alone is not enough to meet the legal standard for a lawsuit. However, mental and emotional suffering can be included as part of the overall claim if linked to a physical injury.
What Types Of Injuries Qualify As A Serious Impairment Of Body Function?
A serious impairment must affect an important body function and interfere with a person’s ability to lead a normal life. Common injuries that may qualify include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Loss of limb or paralysis
- Severe fractures that limit mobility
- Permanent nerve damage
Each case is unique, and a detailed medical review is necessary to determine whether the injury meets the legal threshold.
Can Pain And Suffering Compensation Be Negotiated Without A Lawsuit?
Yes, in some cases, insurance companies settle pain and suffering claims without going to court. However, insurers often offer low settlements at first. Having an attorney negotiate on your behalf increases the chances of receiving fair compensation. If a reasonable settlement cannot be reached, filing a lawsuit may be necessary.
What Happens If The At-Fault Driver Does Not Have Insurance?
If the driver responsible for the accident does not have insurance, the injured party may file a claim under their own uninsured motorist (UM) coverage if included in their policy. Michigan law does not require UM coverage, but many drivers carry it as part of their insurance plan. If UM coverage is unavailable, pursuing a personal injury lawsuit against the at-fault driver may be an option, though collecting damages can be challenging if they lack assets.
How Long Does A Pain And Suffering Lawsuit Take In Michigan?
The length of a lawsuit varies depending on the complexity of the case, the willingness of the insurance company to settle, and court schedules. Some cases settle within months, while others take a year or more if litigation is required. Working with an attorney ensures that the process moves as efficiently as possible while securing fair compensation.
Call Ravid & Associates, P.C. For A Free Consultation
If you have suffered serious injuries in a car accident in Michigan, you may have the right to seek compensation for pain and suffering. Insurance companies often try to deny these claims, but our team at Ravid & Associates, P.C. is here to fight for you. We understand Michigan’s no-fault laws and know how to build strong cases that maximize compensation for accident victims.
Do not wait to take legal action. The sooner you speak with an attorney, the better your chances of securing the compensation you deserve. Contact our Detroit car accident lawyer at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. Our firm represents clients in Detroit and throughout the entire state of Michigan from our offices in Southfield, Michigan. Let us help you protect your rights and get the compensation you need to move forward.
