MI
Back & spine settlements
in Michigan.
A Michigan back injury claim has two parts: no fault benefits from your own insurer, and a lawsuit against the at fault driver for pain and excess losses. A pedestrian with a herniated disc had her lawsuit dismissed and then revived on appeal.
Facts that decide a back & spine claim in Michigan
| No fault threshold | Pain and suffering after a car crash requires death, permanent serious disfigurement, or a serious impairment of body function: “an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life.”MCL 500.3135(5), as quoted in Patrick v. Turkelson (Mich. Ct. App. 2018) |
|---|---|
| Excess economic loss | A claim against the at fault driver can include economic losses beyond what no fault benefits pay, as well as noneconomic damages if the threshold is met.Johnson v. Recca (Mich. Ct. App. 2011) |
| Deadline to sue | “3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.”MCL 600.5805, as quoted in Henry v. Dow Chemical (Mich. Ct. App. 2017) |
| Fault rule | A plaintiff more than 50% at fault cannot recover noneconomic damages; economic damages are reduced by the plaintiff’s share.MCL 600.2959, as explained in Kandil-Elsayed v. F & E Oil (Mich. 2023) |