Michigan Spinal Cord Injury Claims: Costs & Legal Compensation
As car accident attorneys serving clients throughout Michigan, we’ve seen the life-altering impact spinal cord injuries can have on individuals and families. These injuries often result in permanent disability, chronic pain, and a complete disruption of normal daily life. Victims not only face the emotional and physical challenges of recovery, but they also encounter overwhelming medical bills, lost income, and uncertainty about the future. For many, the damage goes far beyond what insurance can fix.
In Michigan, spinal cord injuries resulting from motor vehicle accidents often fall under the state’s no-fault insurance system. However, the law has changed significantly in recent years, especially following the 2019 amendments to Michigan’s No-Fault Act. If you or someone you love has suffered a spinal cord injury in a crash, understanding your rights under Michigan law is critical. We help clients pursue the compensation they deserve to manage these long-term consequences.
Understanding Spinal Cord Injuries After A Crash
Spinal cord injuries can be caused by the sudden force of impact in a car accident. These injuries may result in partial or complete paralysis, nerve damage, or reduced mobility. Recovery often requires surgery, physical therapy, and long-term assistance. Some clients lose the ability to return to work or care for themselves without help.
Under the Michigan No-Fault Act, MCL 500.3101 et seq., injured individuals are entitled to certain benefits regardless of who caused the accident. These include coverage for allowable expenses such as medical treatment, rehabilitation, attendant care, and wage loss for up to three years. But for spinal cord injury victims, especially those with permanent disabilities, those benefits may not be enough.
No-Fault Benefits And Coverage Limitations
Prior to the 2019 reform, no-fault coverage provided unlimited lifetime medical benefits for accident-related injuries. However, current policies may limit medical coverage based on the level of personal injury protection (PIP) chosen. That means some spinal cord injury victims may hit their policy limits quickly and find themselves facing substantial out-of-pocket costs.
Allowable expenses under MCL 500.3107 include all reasonable charges for necessary products, services, and accommodations. This may cover home modifications, wheelchairs, medical devices, and full-time care. But insurers often contest the need for certain treatments or limit reimbursement. We work to make sure our clients receive the full benefits they’re entitled to under their coverage.
Suing The At-Fault Driver For Excess Damages
When injuries are serious enough, Michigan law allows victims to step outside the no-fault system and pursue a third-party lawsuit against the at-fault driver. Under MCL 500.3135, you must prove the other driver was negligent and that your injury meets the threshold of a “serious impairment of body function” or permanent serious disfigurement.
For spinal cord injury victims, this threshold is usually met. A lawsuit can allow you to recover damages not covered by no-fault insurance, such as pain and suffering, mental anguish, loss of enjoyment of life, and future lost wages. These non-economic damages are not subject to PIP limits, and they can be significant in catastrophic injury cases.
The Long-Term Financial Impact Of A Spinal Cord Injury
A spinal cord injury often means lifelong medical needs. According to the National Spinal Cord Injury Statistical Center, lifetime costs for someone injured in their twenties with high-level quadriplegia can exceed $5 million. This includes medical treatment, in-home care, lost earning capacity, and adaptive equipment.
In Michigan, it’s crucial to work with attorneys who understand how to project and present future costs in a legal claim. We collaborate with medical professionals, vocational experts, and economists to ensure that every financial impact is accounted for. Our goal is to secure fair compensation that supports our clients for life—not just the short term.
Spinal Cord Injury Frequently Asked Questions
Can I Sue If I Suffered A Spinal Cord Injury In A Michigan Car Accident?
Yes. If your injury meets Michigan’s legal threshold for “serious impairment of body function” or permanent serious disfigurement, you can pursue a lawsuit against the at-fault driver. This allows you to recover damages beyond what no-fault insurance covers, including pain and suffering and long-term financial losses.
What Benefits Does Michigan No-Fault Insurance Provide For Spinal Injuries?
Michigan no-fault PIP benefits cover reasonable and necessary medical expenses, up to the limit of your selected coverage. They also include up to three years of wage loss, household replacement services, and personal care. For catastrophic injuries, these benefits are critical—but may still fall short, depending on your policy limits.
What If My Medical Bills Exceed My PIP Coverage Limit?
If your medical expenses exceed your PIP limit, you may sue the at-fault driver to recover excess damages. If the other driver was uninsured or underinsured, we can also explore additional recovery through your own policy’s uninsured/underinsured motorist coverage.
How Is The Severity Of A Spinal Injury Evaluated In Court?
Courts consider medical records, imaging studies, expert testimony, and the effect of the injury on your ability to lead a normal life. If you experience paralysis, loss of mobility, chronic pain, or reduced function, these conditions typically meet Michigan’s legal injury threshold for pursuing a liability claim.
Can I Still Receive Compensation If I Was Partially At Fault?
Yes. Michigan follows modified comparative fault. If you were less than 50% at fault, you can still recover damages, though your award may be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover non-economic damages from the other driver.
How Long Do I Have To File A Lawsuit After A Car Accident In Michigan?
Under Michigan law, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. However, deadlines for no-fault benefits are shorter, and claims must be submitted promptly. We recommend taking legal action as soon as possible to protect your rights.
What Should I Do First After A Spinal Cord Injury From A Crash?
Your first priority should be getting medical care. Then, contact a personal injury attorney familiar with spinal cord injury claims in Michigan. We will review your no-fault benefits, evaluate your case for a third-party claim, and guide you through the process of securing compensation.
Call Ravid & Associates, P.C. To Protect Your Future After A Spinal Cord Injury
Spinal cord injuries change lives forever. If you or a loved one has suffered a spinal injury in a Michigan car accident, you deserve a legal team that will fight for every dollar you’re owed.
We serve clients in Detroit and throughout the entire state of Michigan from our Southfield office. Contact our Detroit motor vehicle accident attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation.
