Michigan car accident victims suffered another major set back last week when the Michigan Court of Appeals ruled that a fractured femur bone injury that required surgery was not serious enough for the victim to be entitled to pain and suffering damages. The Court incredibly held that walking, or the inability to walk, was not a significant impairment of a bodily function.
The victim also had a significant scar from the incision site of the surgery. The scar will be permanent. Under Michigan law, a person who has a permanent and serious disfigurement from a car accident, like a scar, can receive pain and suffering damages. This Court of Appeals panel felt that this eight inch scar was not disfiguring enough. This case should be appealed to the Michigan Supreme Court.
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