Michigan law applies a unique legal standard known as the threshold injury requirement in auto accident cases. Unlike many states where an injured person can immediately pursue damages from a negligent driver, Michigan’s no-fault auto insurance system restricts such claims unless the victim can demonstrate they have suffered a threshold injury. This threshold standard must be met in order to recover non-economic damages such as pain and suffering, mental anguish, embarrassment, and loss of enjoyment of life.
What Is a Threshold Injury?
Under Michigan law, a threshold injury is defined in three ways:
1. Serious impairment of body function
2. Permanent serious disfigurement
3. Death
The most frequently litigated of these is the “serious impairment of body function,” which is both subjective and heavily fact-dependent. According to Michigan’s revised no-fault law and court rulings like McCormick v. Carrier, an injury doesn’t need to be permanent or completely debilitating to meet the threshold. Instead, it must affect the person’s lifestyle in a meaningful way, even if temporarily.
Elements Required to Prove a Threshold Injury
To establish that a person has suffered a serious impairment of body function, the following criteria must be met [MCL 500.3135(5)]:
1. Objectively manifested impairment: The impairment must be observable or perceivable by others—not just the person experiencing it.
2. Impairment of an important body function: The affected body function must be one that holds significant value or importance to the injured individual.
3. General ability to lead a normal life must be affected: The impairment must influence the victim’s ability to live in their typical manner, even if not completely preventing them from doing so.
This test is not dependent on how long the impairment lasts. In other words, there’s no minimum duration – even a short-term but meaningful disruption could qualify. Each case is assessed based on its unique facts and circumstances, including a before-and-after comparison of the individual’s lifestyle.
How Do You Prove an Objective Impairment?
An objective impairment means “it is observable or perceivable from actual symptoms or conditions by someone other than the injured person.” In other words, imaging from an x-ray, CT scan or MRI can show an objective impairment. In addition, a doctor observing muscle spasms or a decrease in range of motion also shows an objective impairment.
General complaints of pain or discomfort, emotional distress, or injuries lacking imaging, exam results, or outside corroboration are not objective impairments.
The following are examples of objective impairments:
- Disc herniations, bulging discs, or annular tears shown on MRI or CT scans
- Fractures via x-ray (ribs, arm, vertebrae)
- Ligament or tendon tears (e.g. ACL, rotator cuff, labrum)
- Nerve root compression
- Documented changes in reflexes, strength, range of motion on physical exam
- Post-concussive symptoms confirmed through neurological evaluation
Pain and Suffering Damages in Michigan
Pain and suffering damages, also called noneconomic loss damages, can be awarded in Michigan if the bodily injury threshold is satisfied. These damages compensate the victim for:
- Physical pain and suffering
- Mental anguish
- Fright and emotional shock
- Denial of social pleasures
- Embarrassment or humiliation
- Shame and anxiety
To recover these damages, the injured party must also demonstrate that:
- The at-fault driver was negligent
- The driver was at least 50% at fault
- The driver’s negligence caused the injuries
- The injuries meet the threshold injury definition
Who Pays for Pain and Suffering?
In most cases, the at-fault driver’s insurance company is responsible for paying these damages. However, if the judgment exceeds the policy limits, the driver may be personally liable for the remaining amount. Michigan law mandates a minimum of $250,000 in bodily injury liability coverage, though this can vary by policy.
There is no set formula or cap for calculating pain and suffering damages. Settlement amounts depend on the specific injuries, their impact on the individual’s life, and what a jury or insurer considers reasonable based on the facts of the case.
What if the Negligent Driver is Uninsured?
Sometimes the negligent driver and owner of the at-fault vehicle are uninsured. In that situation, an injured person could theoretically file a lawsuit against the individual. However, good luck in collecting any money. This is this where uninsured motorist benefits (UM) comes into play.
Uninsured motorist coverage is insurance a car owner purchases from their own carrier to provide an avenue for money compensation for pain and suffering due to the negligence of an uninsured driver.
Basically, if you are injured in a car accident and the negligent driver who caused the crash does not have car insurance, your own insurance company steps into the shoes of the uninsured driver and pays the pain and suffering. The claim is made against your own insurance company. Uninsured motorist claims only occur when the at-fault driver and owner of the at-fault vehicle do not carry car insurance.
Example of Threshold Injuries
There is no definitive list of threshold injuries. And remember, a law requires a “serious impairment” not a “serious injury.” This is a major distinction.
For example, a person breaks a leg in a car accident. The fracture on an x-ray is an objective impairment. The leg is an important body function. But the person must still show the impairments from the broken leg generally change their ability to lead a normal life. The injured person must explain what hobbies, recreational activities, chores, sports, and other things they are prevented from or limited from doing because of the broken leg.
A good illustration is case handed down by the Michigan Court of Appeals. In Fortenberry v. Progressive Michigan Insurance Company, (unpublished, docket no. 366644), the defendant ran a red light and hit the Plaintiff’s car. Fortenberry later sought treatment for neck, spine, and shoulder injuries, undergoing physical therapy and medical imaging. He did not need surgery.
Fortenberry sued Progressive (his insurer), alleging he was entitled to uninsured (UM) and underinsured (UIM) motorist benefits, as well as breach of contract. The defendant filed a motion to discuss the Plaintiff’s injury case, arguing Fortenberry didn’t show a serious impairment of body function as required under Michigan’s no-fault law (MCL 500.3135. The trial court granted the motion and dismissed his case.
In a unanimous decision, the Michigan Court of Appeals reversed, holding Fortenberry presented sufficient evidence (medical records, MRIs, limited range of motion upon physical examination) to create a genuine issue of material fact regarding:
- Whether he had an objectively manifested impairment,
- Whether the impairment generally affected the way he led his life, and
- Whether the accident caused the impairment.
As a result, the Court allowed Mr. Fortenberry to pursue his case for pain and suffering.
Deadline to File a Lawsuit
Victims in Michigan must file a lawsuit for pain and suffering damages within three years of the accident. Failing to meet this deadline typically results in forfeiture of the right to pursue compensation.
Final Thoughts on Threshold Injuries and Pain and Suffering
Michigan’s threshold injury law is designed to limit claims for pain and suffering, but it also adds complexity to the process of seeking compensation. Understanding whether an injury meets the threshold often requires legal analysis, medical evidence, and an evaluation of how the person’s lifestyle has changed post-accident.
Recent legislative reforms and court rulings have helped clarify this area of law, but it remains one of the more nuanced aspects of Michigan’s no-fault system.
For any questions about serious impairment of body function, or pain and suffering for Michigan car accidents, contact the Lee Steinberg Law Firm at 1-866-649-1830.