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★ Michigan · whiplash

Whiplash settlements
in Michigan.

By Reviewed by Abd Shanti, Founder9 min read

In Michigan’s no fault system, a whiplash victim can sue for pain and suffering only by showing a serious impairment of body function. Since 2010 that test has been easier to meet, and courts have sent neck injury cases to juries that were once thrown out.

Facts that decide a whiplash claim in Michigan

No fault thresholdPain 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)
Seat belt useFailure to wear a belt can be negligence, but cannot reduce the recovery by more than 5%.MCL 257.710e, in the MyClaimWorth seat belt chart
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 ruleA 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)
united states · sister site
Your whiplash claim in Michigan. See the number for your own case.

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★ MI · reported whiplash outcomes

What Michigan courts have awarded.

Real Michigan decisions and verdicts, each linked to the court record or official report.

  • McDanield v. Hemker
    Michigan Court of Appeals · 2005
    Dismissal reversed; serious impairment found

    A pickup truck sped into an intersection and struck McDanield’s van, which tipped onto two wheels; she hit her head on the window and her neck was jerked back and sideways. She had neck pain and trouble breathing at the scene and left on a backboard in a cervical collar; the other driver later pleaded guilty. The Court of Appeals held she had a serious impairment of body function as a matter of law and reversed.

  • Patrick v. Turkelson
    Michigan Court of Appeals · 2018
    Dismissal reversed; question of fact

    Lindsey Patrick was hit leaving a hospital parking lot in 2013 and described the airbags as an explosion. She reported muffled hearing, ringing in her left ear, headache, and pain in her shoulder, lower back, hip and ribs. The trial court dismissed her claim for lack of an objectively manifested impairment; the Court of Appeals reversed, finding a jury question.

★ MI · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in Michigan.

  1. 1

    The test is three parts, not a severity scale. McCormick asks whether the impairment is objectively manifested, involves an important body function, and affects the person’s general ability to lead a normal life.

  2. 2

    Objective findings carry the case. Scene records such as a backboard and cervical collar in McDanield, or hearing tests in Patrick, are what move a claim past summary disposition.

  3. 3

    Seat belt nonuse is capped at a 5% reduction in Michigan, so it rarely changes the value of a neck claim much.

★ MI · statute of limitations
3 years from date of injury

Mich. Comp. Laws § 600.5805

★ MI · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ MI · caps

What caps recovery.

Statutory caps that may bear on a whiplash settlement in Michigan.

★ whiplash · same region & fault regime

Compare to like jurisdictions.

How Michigan's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for whiplash claims.

JurisdictionFault ruleLimitationWhiplash page
Michigan · you are hereModified comparative, 51% bar3 years from date of injury—
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · whiplash →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · whiplash →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · whiplash →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · whiplash →
OhioModified comparative, 51% bar2 years from date of injuryOH · whiplash →
South DakotaSlight versus gross negligence3 years from date of injurySD · whiplash →
MontanaModified comparative, 51% bar3 years from date of injuryMT · whiplash →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · whiplash →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · whiplash →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · whiplash →
MississippiPure comparative negligence3 years from date of injuryMS · whiplash →
New MexicoPure comparative negligence3 years from date of injuryNM · whiplash →
★ MI · whiplash · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in Michigan? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-28.

★ all of MI
Michigan overview

Fault rule, statute, caps, and key facts for Michigan as a whole.

★ national frame
Whiplash in United States

Whiplash band structure and severity tiers at the US level.

★ all 15 countries
Whiplash · everywhere

Cross-jurisdiction comparison of whiplash bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Michigan. See /methodology, /sources, and /disclaimer.