Yes, you can seek compensation for pain and suffering under Michigan law. Let me explain how it works in plain English, but I will include the necessary legal context.
Let’s say you’re hurt in a car crash. Michigan handles these cases differently than most states because it’s a “no-fault” state. This means your insurance company pays your medical bills and lost wages. But here’s where it gets interesting – you can still sue for pain and suffering, but only if your injuries are severe enough.
What counts as “severe enough”? The law says you need either permanent severe disfigurement or serious impairment of a body function. Think permanent scarring or a back injury that prevents you from lifting your kids.
The rules are a bit different for other types of accidents – like if you slip and fall at a store or get hurt due to medical malpractice. You don’t need to meet that same threshold, but you’ll still need solid proof of your suffering.
Speaking of medical malpractice, Michigan ceases how much you can recover. Currently, the standard cap is around $500,000. However, in cases involving catastrophic injuries like brain damage or paralysis, that cap can be higher.
Here’s something crucial to remember: you have three years from the date of injury to file your lawsuit. Miss that deadline, and you’re probably out of luck.
Wherefore, it is hereby advised that any party seeking damages for pain and suffering must present substantial documentation, including but not limited to medical records, expert testimony, and other
evidence demonstrating the extent and impact of said injuries.
Consult with a qualified attorney before filing a claim for damages.
