If you are injured in a car accident in Michigan, you may be entitled to compensation for your injuries and financial losses. You may also be eligible to receive money for pain and suffering if you suffer a “threshold injury” caused by another driver.
What Is Pain and Suffering?
Pain and suffering describes the physical and mental distress someone experiences after a car accident. Examples of pain and suffering include:
- Physical pain due to the accident
- Loss of enjoyment of life
- Limitations on daily activities
- Mental distress
- Emotional trauma
- Some excess economic benefits such as wage loss benefits beyond three years from the date of the accident or in excess of the monthly allowable amount.
Claims for pain and suffering address two components of an injured victim’s non-economic losses: physical pain and emotional distress. Physical pain includes the pain and discomfort experienced due to the victim’s injuries, including the pain the victim is likely to experience in the future. Emotional distress refers to the mental trauma an accident victim experienced or will experience.
What Is The Bodily Injury Threshold?
Under Michigan law, you must satisfy the bodily injury threshold—meaning death, permanent serious disfigurement, or serious impairment of a bodily function—to be entitled to money from the at-fault driver for pain and suffering. A “serious impairment of bodily function” means it is “objectively manifested, meaning it is observable or perceivable from actual symptoms or conditions by someone other than the injured person.” Further, it must be an impairment of a significant body function that affects the accident victim’s ability to lead a normal life.
How Do You Calculate Damages In A Pain and Suffering Claim?
There is no specific formula for calculating pain and suffering. Each case is different and depends on certain factors, including the severity of the accident victim’s injuries, the length of time it takes to heal, the victim’s health at the time of the accident, the extent of the medical bills related to the accident and most importantly how this accident has affect your ability to lead your normal life
Should a case go to trial, the jury hearing it has broad discretion to arrive at a figure they think adequately addresses the injured party’s pain and suffering based on the evidence presented to them. If the case settles out of court, the injured party’s lawyer will need to negotiate with the insurance company to secure an amount in line with their client’s subjective experience.
Who Pays For A Pain And Suffering Claim?
Because Michigan is a “no-fault” accident state, the accident victim’s insurance company pays for their medical bills and any other financial losses depending on the amount of the terms of their insurance policy . No-fault insurance does not pay for pain and suffering, so you can only pursue this form of compensation by filing a claim with the at-fault driver’s insurance company. If they do not have insurance or your losses exceed their policy limits, you can pursue a lawsuit against the driver and demand they pay for your pain and suffering from their personal assets.
Contact Atnip & Associates, PLLC Today
At Atnip & Associates, PLLC, we are passionate about representing Michigan car accident victims. We understand that the legal process may be intimidating, especially when you are trying to recover from your injuries. We want to help you seek the compensation you deserve. Contact us today to speak to one of our personal injury lawyers, including firm owner Heather J. Atnip, in a free consultation.
