Our Michigan car accident lawyers help our injured clients recover settlements after an auto accident. There are generally two types of claims that an accident victim can recover for injuries suffered in the accident. These damages are known as economic damages and non-economic damages. Pain and suffering damages are considered non-economic damages.
What are Economic Damages from a Michigan Car Accident?
Economic damages after a car accident include medical bills, lost wages, attendant care services, and household services. These claims are made against the no-fault insurance company responsible for paying personal injury protection (PIP) benefits. There are also economic claims that can be made against the negligent driver that are separate from no-fault insurance benefits. These can include the excess loss of earnings that extend beyond the three year period for no-fault claims.
What are Pain & Suffering Damages for a Michigan Car Accident?
In addition to economic losses, a person injured in a car accident can also make claims for non-economic damages. Non-economic damages are broadly categorized as "pain and suffering damages." Settlements for pain and suffering often include compensation for:
- Physical pain and suffering
- Mental anguish
- Fright and shock
- Denial of social pleasure and enjoyments
- Embarrassment, humiliation or mortification
- Scars and other disfigurements caused in the car accident
How Do I Prove Pain & Suffering Damages?
Proving these claims to the insurance company or a jury takes significant expertise by an experienced car accident attorney. There are certain methods of presenting these “invisible” injuries to the insurance company. The goal is to help the jury understand both the pain of the accident victim and how these injuries have impacted the lives of the victim and the surrounding family.
Pain and suffering claims can be proven a number of ways. The most obvious way is to have the injured person describe their injuries, how they have impacted their life, and the type of pain and disability caused by the injury. Family members and colleagues can also testify about their observations of the injured person and how it has affected the victim's qualify of life.
Medical opinions from treating doctors are also used to prove pain and suffering damages. The medical records are admissible into evidence for the jury to see and read. Insurance companies also get copies of the medical records for review. In addition, the depositions, or sworn testimony, of treating doctors is also taken before a trial. The doctors explain in medical terms to the jury the nature of the injury, the type of treatments, and the impact the injury has had on the accident victim.
Are there Limits on the Amount for Pain & Suffering Claims?
There are no limits to pain and suffering claims for a Michigan car accident. Unlike in medical malpractice and products liability cases, there are no laws that set forth the maximum amount that an injury victim can be awarded by a jury at trial or receive in a settlement. However, many settlements depend on the insurance policy limits of the at fault party as the maximum amount of damages that can be collected, unless the defendant is a large corporation or trucking company.
Free Michigan Car Accident Book
Our own book, written by Michigan car accident lawyer Lawrence J. Buckfire, "The Ultimate Michigan Car Accident Handbook," has been called the best book ever written for persons injured in Michigan car accidents. It answers all of your questions, in plain English, about your legal rights against negligent drivers as well as your available benefits under the Michigan No-Fault Law. We'll send it to you for FREE!
No Fee Promise After Your Michigan Car Accident
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 learn more about the types of pain and suffering damages that you are entitled to under Michigan law after your car accident, you should contact our auto injury lawyers today. 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.