What Is A “Serious Impairment Of A Body Function” In Michigan Car Accidents?
When pursuing compensation after a car accident in Michigan, the term “serious impairment of a body function” plays a significant role in determining whether an injured person can recover damages beyond personal injury protection (PIP) benefits. This standard is critical under Michigan’s no-fault insurance laws and affects a victim’s ability to file a lawsuit for non-economic damages, such as pain and suffering.
Michigan’s no-fault insurance system requires that accident victims meet specific legal thresholds before seeking compensation beyond their insurance coverage. Understanding the definition of “serious impairment of a body function” and how it applies to a claim is essential for protecting your rights after an accident.
Michigan’s No-Fault Law And The Threshold Injury Requirement
Michigan’s no-fault insurance law, specifically MCL 500.3135, establishes the “serious impairment of a body function” standard for non-economic damages. This statute limits lawsuits against at-fault drivers unless the victim suffers a qualifying injury.
The law defines a “serious impairment of a body function” as an injury that:
- Is objectively manifested – The injury must be observable or diagnosable by medical professionals, not just based on the victim’s subjective experience of pain.
- Affects a vital body function – The impairment must involve a significant bodily function necessary for the victim’s ability to lead a normal life, such as mobility, vision, or cognitive functions.
- Affects the person’s ability to lead a normal life – The injury must have a significant impact on the victim’s lifestyle and daily activities, even if only temporarily.
Objective Manifestation Of Injury
A critical element in meeting the legal standard for “serious impairment” involves the injury being objectively verifiable. Under Michigan law, this means the injury must be medically diagnosed and supported by evidence such as:
- Medical imaging like X-rays or MRIs
- Physician assessments and records
- Physical therapy evaluations
A plaintiff cannot rely solely on subjective reports of pain or discomfort. For example, a herniated disc confirmed by an MRI would meet the objective requirement, while general back pain without medical evidence may not.
Important Body Function Definition Under Michigan Law
The term “important body function” refers to physical or cognitive functions necessary for daily living. Courts in Michigan have found that impairments to essential abilities such as walking, bending, or lifting can qualify under this standard. The affected function must be essential for maintaining an individual’s quality of life, work capabilities, or self-care routines.
Leading A Normal Life: A Complex Legal Standard
The impact on a person’s ability to lead a normal life is often the most contested element in serious impairment cases. Michigan law considers whether the injury has altered the victim’s lifestyle compared to how they lived before the accident.
Factors influencing this determination include:
- The duration of the impairment
- Restrictions on daily activities
- The ability to work or participate in regular hobbies
Even temporary impairments can meet this standard if they significantly disrupt the person’s life for an extended period.
Recent Court Interpretations Of “Serious Impairment”
The Michigan Supreme Court has addressed the definition of “serious impairment of a body function” in cases like McCormick v. Carrier, 487 Mich. 180 (2010). The Court clarified that a victim must prove all three elements independently but need not suffer permanent harm. The decision lowered the burden for plaintiffs, emphasizing how the injury affects a person’s ability to live normally rather than requiring permanent disability.
Filing A Lawsuit For Non-Economic Damages In Michigan
Victims who meet the “serious impairment of a body function” standard may pursue non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
However, the legal process requires extensive evidence to prove the injury’s impact on daily life and meet Michigan’s strict no-fault insurance requirements.
How Our Law Firm Can Help You Pursue Compensation
As personal injury attorneys serving Michigan clients, we understand how complex the “serious impairment of a body function” standard can be. Our legal team can help gather critical evidence, work with medical professionals, and build a compelling case to prove your right to compensation under MCL 500.3135.
Michigan Injury FAQs
What Does Michigan Law Mean By “Serious Impairment Of A Body Function”?
Under Michigan’s MCL 500.3135, a serious impairment of a body function is an injury that meets three legal criteria: (1) the injury must be objectively manifested, (2) it must affect an important body function, and (3) it must affect the victim’s ability to lead a normal life. This standard determines whether a car accident victim can sue for non-economic damages such as pain and suffering.
Can I Sue If My Injury Is Not Permanent?
Yes, Michigan law allows lawsuits for non-economic damages even when injuries are not permanent. The key issue is whether the injury significantly affects your ability to lead a normal life, even if temporarily. For example, a broken leg that restricts mobility for several months could qualify as a serious impairment under MCL 500.3135.
How Can I Prove A Serious Impairment Of A Body Function?
Proving a serious impairment involves presenting objective medical evidence, such as diagnostic imaging (X-rays, MRIs) and physician testimony. Additionally, you must demonstrate how the injury has limited your daily activities, work, or personal life. Evidence like work absences, activity restrictions, and medical records can support your claim.
What Types Of Injuries Often Meet Michigan’s Legal Threshold?
Injuries that commonly meet the serious impairment standard include spinal cord injuries, traumatic brain injuries, broken bones, herniated discs, and significant soft tissue injuries. However, the effect on your life is more important than the specific injury type when courts assess whether you meet the threshold under MCL 500.3135.
Can Pain Alone Qualify As A Serious Impairment?
No, pain alone typically does not meet the legal standard in Michigan unless it is supported by objective medical findings. The injury must be verifiable through medical diagnostics or professional assessments to qualify as a serious impairment.
What Compensation Can I Seek If I Meet The Serious Impairment Standard?
If your injury meets the serious impairment standard under Michigan law, you may pursue non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. Additionally, you may recover economic losses like medical bills and lost wages if they exceed your no-fault coverage.
How Long Do I Have To File A Lawsuit For A Serious Impairment Claim?
Michigan law imposes a statute of limitations for personal injury claims, generally three years from the date of the accident under MCL 600.5805. Failing to file within this period may bar you from seeking compensation, so it’s essential to seek legal counsel promptly.
Call Ravid & Associates, P.C. For Legal Representation After A Michigan Car Accident
If you or a loved one suffered a serious impairment of a body function after a Michigan car accident, we can help you fight for the compensation you deserve. At Ravid & Associates, P.C., our Detroit truck accident lawyers have decades of experience handling complex personal injury cases under Michigan law. We understand the impact a life-altering injury can have and are committed to securing the best possible outcome for our clients.
Contact our Detroit car accident attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We represent clients throughout Detroit and the entire state of Michigan from our office in Southfield. Let us help you pursue the justice and compensation your case deserves.
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