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Michigan Car Accident Laws for Pain and Suffering Damages

Our Michigan car accident lawyers help our injured clients recover settlements for pain and suffering damages after an auto accident.   Damages for pain and suffering are also known as non-economic damages, because they do not have a specific dollar amount assigned to them like a medical bill or loss of wages.   The amount of these damages is typically determined by the severity of the injury, type and length of treatment, and other factors considered by our experienced attorneys.

MCL Section 500.3135 is the section of the Michigan statute that applies to claims for non-economic damages.  It provides that:

(1) A person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.

(2) For a cause of action for damages pursuant to subsection (1) filed on or after July 26, 1996, all of the following apply:

(a) The issues of whether an injured person has suffered serious impairment of body function or permanent serious disfigurement are questions of law for the court if the court finds either of the following:

(i) There is no factual dispute concerning the nature and extent of the person's injuries.

(ii) There is a factual dispute concerning the nature and extent of the person's injuries, but the dispute is not material to the determination as to whether the person has suffered a serious impairment of body function or permanent serious disfigurement. However, for a closed-head injury, a question of fact for the jury is created if a licensed allopathic or osteopathic physician who regularly diagnoses or treats closed-head injuries testifies under oath that there may be a serious neurological injury.

Non-economic damages are what are known as pain and suffering.  Pain and suffering damages generally include compensation for:

  • Physical pain and suffering
  • Mental anguish
  • Fright and shock
  • Denial of social pleasure and enjoyments
  • Embarrassment, humiliation or mortification

No Fee Promise For Michigan Car Accidents

Our car accident lawyers will represent you in your case under our NO FEE PROMISE. This means that you will not be charged any legal fees whatsoever unless we obtain a settlement or recovery for you. You have absolutely no obligation for legal fees unless we win your case. If we do not obtain a settlement for you, you owe us nothing!

Contact Your Michigan Car Accident Lawyer

To find out whether you qualify under the Michigan car accident laws for pain and suffering damages, you should contact our auto accident legal team immediately so that we can carefully assess the facts of your case and your injuries. Call us now at (800) 606-1717 for a free consultation or simply complete the Contact Box on this page and one of our award winning lawyers will contact you shortly.