In Michigan, pain and suffering damages after a car accident can be recovered only in certain cases by people who have been injured in a crash. These are non-economic damages that compensate an injured person for physical pain, mental anguish, emotional distress, and the effect the injuries have on normal life.
Unlike many other states, Michigan requires an injured person to show that the crash caused death, permanent serious disfigurement, or a serious impairment of body function before pain and suffering damages can be recovered from the at-fault driver. Michigan law does not use a fixed formula to calculate these damages, so the value depends on the facts of the case, the medical proof, and how the injuries changed the person’s life.
Yes. In Michigan, an injured person can recover pain and suffering damages after a car accident, but only in certain cases. These are non-economic damages that may be recovered from the at-fault driver when the crash caused death, permanent serious disfigurement, or a serious impairment of body function.
Michigan’s no-fault law does not allow pain and suffering recovery in every crash. To recover these damages, the injured person must meet the bodily injury threshold, and damages are not assessed in favor of a party who is more than 50% at fault.
What Is Considered Pain and Suffering in a Car Accident in Michigan?
In Michigan, pain and suffering damages are non-economic loss damages that compensate an injured person for the personal harm caused by a crash. According to Michigan law, the following conditions are considered pain and suffering damages in a car accident:
What Is the Michigan Bodily Injury Threshold?
The Michigan bodily injury threshold, sometimes called the tort threshold, is the legal standard an injured person must meet to sue the negligent, at-fault driver for pain and suffering damages. Under Michigan law, a person can recover non-economic loss only if the crash caused death, permanent serious disfigurement, or a serious impairment of body function.
To prove a serious impairment of body function after a Michigan car accident, the injured person must show:
How Do You Prove Pain and Suffering Damages in Michigan?
To prove pain and suffering damages in Michigan, you must show that: (1) the driver who caused the crash was negligent; (2) that driver’s negligence caused your injuries; (3) you suffered a serious impairment of body function, permanent serious disfigurement, or death; (4) you experienced pain and suffering as a result; and (5) you were not more than 50% at fault for the crash.
Who Pays Pain and Suffering Damages After a Car Accident in Michigan?
In Michigan, generally, the at-fault driver’s auto insurance company pays pain and suffering damages after a car accident. These damages are recovered through a third-party claim as part of a broader car accident claims & compensation case, not through your own no-fault PIP benefits.
If the value of the pain and suffering claim exceeds the limit of the at-fault driver’s bodily injury liability coverage, then the at-fault driver may also be personally responsible for the unpaid amount.
How Are Pain and Suffering Damages Calculated in a Michigan Car Accident Case?
There is no set formula for calculating pain and suffering damages after a Michigan car accident. The value of these damages depends on the facts of the case, including the nature of the injuries, the seriousness of the impairment, and how the injuries affected the person’s general ability to lead a normal life.
In Michigan, pain and suffering damages are usually valued based on the severity of the injury, the length of recovery, the medical evidence, and the effect the injuries have on daily life, work, and normal activities. There is no fixed multiplier or mandatory formula under Michigan law, and there is no general monetary cap on pain and suffering damages in a standard Michigan car accident case. To estimate how these factors may affect your claim, use our car accident settlement calculator.
What Factors Affect the Value of Pain and Suffering Damages?
The value of pain and suffering damages in a Michigan car accident case depends on the facts of the case. Important factors include the severity of the injuries, the seriousness of the impairment, the length of recovery, the medical evidence, and how the injuries affected the person’s general ability to lead a normal life.
Other factors can include whether the injuries are permanent, whether the person needs future treatment, how the injuries affect work and daily activities, and whether comparative fault reduces the claim. The stronger the evidence of pain, impairment, and life disruption, the stronger the claim for pain and suffering damages usually becomes.
Is There a Cap on Pain and Suffering Damages in Michigan Car Accident Cases?
No. In Michigan, there is no general monetary cap on pain and suffering damages in a standard car accident case. The amount depends on the facts of the case, the seriousness of the injuries, the strength of the evidence, and what a jury or insurance company believes is fair under the circumstances.
Michigan does cap non-economic damages in certain medical malpractice cases, but that is different from a typical Michigan car accident claim. In a car accident case, the real limits are usually whether the injured person meets the bodily injury threshold, whether comparative fault reduces recovery, and the amount of available insurance coverage.
What Is the Average Pain and Suffering Settlement for a Car Accident in Michigan?
There is no public data showing the average pain and suffering settlement for a car accident in Michigan. The amount of your settlement will depend on the facts of your case. An important factor is the at-fault driver’s policy limits. In Michigan, bodily injury liability coverage is typically $250,000 per person and $500,000 per accident, although some drivers legally choose lower limits.
For examples of settlement ranges and what can affect real-world payouts, see our average car accident settlement in Michigan page.
How to Sue for Pain and Suffering Damages After a Car Accident in Michigan?
In Michigan, you generally have 3 years from the date of the car accident to file a negligence lawsuit against the at-fault driver for pain and suffering damages. To recover these noneconomic damages, you must show that you suffered a serious impairment of body function, permanent serious disfigurement, or death.
Michigan also applies comparative fault rules to noneconomic damages. If you are more than 50% at fault, you cannot recover pain and suffering damages.
