A car accident can leave you with more than just medical bills and vehicle damage. You may also experience pain, emotional distress, and lasting trauma. In Michigan, suing for pain and suffering is possible, but strict legal thresholds determine who qualifies for compensation.
For Lansing residents, these claims are particularly important due to heavy traffic on major roads like I-496, Saginaw Street, and Cedar Street, where serious crashes often occur. Whether you were rear-ended at a busy intersection in downtown Lansing or involved in a high-speed collision on I-96, understanding your rights to compensation is crucial.
We will break down when you can sue for pain and suffering, how Michigan’s laws impact your case, and what factors influence your potential settlement.
Understanding Pain and Suffering in a Lansing Car Accident Case
Pain and suffering refer to the physical and emotional distress a person experiences after a car accident. While medical bills and lost wages have clear dollar values, pain and suffering compensation is meant to account for intangible losses that impact your daily life and well-being.
In Lansing, car accidents can result in serious injuries that lead to long-term pain, mental trauma, and reduced quality of life. Whether you were injured in a T-bone crash at the intersection of Cedar Street and Kalamazoo Street or a rear-end collision near Frandor Shopping Center, the lasting effects of your injuries can qualify for compensation beyond just medical expenses.
Pain and suffering damages can include:
- Chronic pain and long-term physical discomfort
- Emotional distress, anxiety, or PTSD from the crash
- Loss of enjoyment of life due to mobility issues or disabilities
- Sleep disturbances, depression, or mental anguish
- Scarring or permanent disfigurement
Since these damages don’t have an exact price tag, insurance companies often undervalue or deny them. Understanding how Michigan law treats pain and suffering claims is essential if you want to receive the compensation you deserve.
Michigan’s Threshold for Suing for Pain and Suffering
Michigan follows a no-fault insurance system, meaning most accident victims must turn to their own Personal Injury Protection (PIP) coverage for medical expenses and lost wages regardless of who caused the crash. However, pain and suffering damages are not automatically covered under no-fault insurance.
To sue for pain and suffering after a car accident in Lansing, you must prove two key elements:
1. You Sustained a “Threshold Injury”
Your injuries must meet Michigan’s serious injury threshold, which requires proving that your accident resulted in:
- Death – A wrongful death claim can be pursued by the victim’s family.
- Permanent serious disfigurement – Includes visible scarring, burns, or limb loss that significantly alters appearance.
- Serious impairment of a body function – The most common category, referring to injuries that significantly impact your ability to lead a normal life, such as spinal injuries, brain trauma, or long-term mobility issues.
Example: A traumatic brain injury from a head-on collision on Saginaw Street could meet the threshold if it affects cognitive function, employment, or quality of life. However, a fractured arm from a minor crash on Cedar Street may not qualify unless it severely limits your ability to work or perform daily activities.
2.) The Other Driver Was Negligent
You must prove that another driver caused or contributed to the accident through negligence, such as:
- Speeding, running a red light, or reckless driving
- Driving under the influence of alcohol or drugs
- Distracted driving, such as texting or failing to yield
Example: If you were hit by a distracted driver on I-496 who was texting, you may have a strong claim for pain and suffering, as long as your injuries also meet the serious impairment threshold.
Because Michigan’s serious injury standard is open to interpretation, insurance companies often dispute pain and suffering claims to minimize payouts. This makes it critical to provide strong medical evidence and legal representation to prove both the severity of your injuries and the other driver’s negligence.
How Comparative Negligence Affects Pain and Suffering Claims
Even if you meet Michigan’s serious injury threshold, your ability to recover pain and suffering compensation can still be reduced—or even eliminated—if you are found partially or mostly at fault for the accident. Michigan follows a modified comparative negligence rule, which means:
- f you are less than 50% at fault, you can still recover pain and suffering damages, but your compensation will be reduced by your percentage of fault.
- If you are 50% or more at fault, you are barred from recovering pain and suffering damages entirely, even if your injuries are severe.
Example Scenarios:
- You were rear-ended at a red light on Grand River Avenue and suffered a herniated disc. Since the other driver was clearly at fault, you may recover full pain and suffering compensation.
- You were speeding on I-96 and were hit by a driver who failed to yield. If an investigation determines you were 30% at fault, your pain and suffering compensation would be reduced by 30%.
- You ran a stop sign on Cedar Street and were hit by another car. If you’re found 60% at fault, you would be ineligible to recover any pain and suffering damages.
Insurance companies frequently use comparative negligence as a tactic to reduce or deny pain and suffering claims. They may argue that you were partially responsible for the crash even if your role was minor to lower their payout. This is why having a Lansing car accident lawyer who can challenge unfair fault assignments is critical to maximizing your compensation.
What Factors Influence a Pain and Suffering Settlement?
Pain and suffering settlements are not one-size-fits-all. The amount you can recover depends on several factors. Insurance companies and courts consider the severity of your injuries, how they impact your life, and the circumstances of the accident when determining compensation.
1. Severity of Injuries
The more serious and long-lasting your injuries, the higher your potential settlement. Minor injuries like bruises or sprains typically do not qualify, but broken bones, spinal cord injuries, or traumatic brain injuries can lead to substantial pain and suffering damages.
2. Impact on Daily Life & Work
If your injury prevents you from working, enjoying daily activities, or living independently, your compensation may increase. For example, if a collision on I-496 left you unable to return to your job in construction, you may be entitled to a larger settlement.
3. Length of Recovery & Need for Medical Treatment
Chronic pain, long-term physical therapy, or permanent disabilities increase settlement amounts. Someone who requires surgery and months of rehab after a T-bone crash on Saginaw Street will likely receive more than someone who recovers in a few weeks.
4. Emotional & Psychological Trauma
Car accidents can cause post-traumatic stress disorder (PTSD), anxiety, depression, and sleep disturbances. If you struggle with panic attacks while driving past the accident scene on Cedar Street, it can be included in your pain and suffering claim.
5. Strength of Evidence
Insurance companies won’t take your word for it. You’ll need medical records, testimony from doctors, and possibly expert witnesses to support your claim. Detailed documentation of how your injuries have affected your life will significantly impact your case.
How to Prove Pain and Suffering After a Car Accident
Pain and suffering are subjective damages, meaning they don’t have a set dollar amount like medical bills. Because insurance companies often dispute or minimize these claims, having strong evidence is critical to proving your case. Key ways to prove pain and suffering include:
- Medical records and doctor statements showing the extent of your injuries.
- Testimony from family and friends about how your daily life has changed.
- A pain journal or daily logs documenting physical and emotional struggles.
- Expert testimony from medical or psychological professionals.
- Photos and videos of visible injuries or mobility limitations.
Since insurance adjusters often challenge these claims, working with a Lansing car accident lawyer can help ensure you have the necessary documentation to support your case.
How Much Compensation Can You Get for Pain and Suffering in Lansing?
There is no set formula for calculating pain and suffering damages, but several factors influence how much you may receive. Insurance companies and courts typically consider the severity of your injuries, how they impact your daily life, and the strength of your evidence when determining compensation. Pain and suffering are often calculated using one of two methods:
| Type of Compensation | Who Pays? | Eligibility Requirements |
|---|---|---|
| Medical Expenses | Your own no-fault PIP insurance | Paid regardless of fault—covers hospital bills, surgeries, rehabilitation, and ongoing medical care. |
| Wage Loss Benefits (First 3 Years) | Your own no-fault PIP insurance | Pays 85% of lost wages, up to the policy limit, for up to three years, regardless of who caused the accident. |
| Attendant Care Benefits | Your own no-fault PIP insurance | Covers the cost of in-home personal care assistance if you cannot care for yourself. |
| Medical Mileage Reimbursement | Your own no-fault PIP insurance | Reimburses travel costs to and from medical appointments related to accident injuries. |
| Replacement Services | Your own no-fault PIP insurance | Provides up to $20 per day for household services you cannot perform (e.g., cleaning, childcare). |
| Home & Vehicle Modifications | Your own no-fault PIP insurance | Covers wheelchair ramps, specialized vehicles, or home modifications needed due to accident-related disabilities. |
| Pain and Suffering | At-fault driver’s insurance (or lawsuit) | Must meet Michigan’s serious injury threshold, and the other driver must be negligent. |
| Excess Wage Loss (Beyond 3 Years) | At-fault driver’s insurance (or lawsuit) | Available only if the other driver was at fault, covering lost wages beyond three years. |
| Wrongful Death Benefits | At-fault driver’s insurance (or lawsuit) | Family members may file a lawsuit if the accident resulted in death and the other driver was negligent. |
- The Multiplier Method – Your economic damages (medical bills, lost wages) are multiplied by a number between 1.5 and 5, depending on the severity of your injuries.
- The Per Diem Method – A daily dollar amount is assigned to your suffering and multiplied by the number of days you experience pain.
For example, if you suffered a spinal injury in a crash on I-496, and your medical bills total $50,000, a multiplier of 3 could result in a $150,000 pain and suffering award.
When to Contact a Lansing Car Accident Lawyer
If you’re pursuing a pain and suffering claim after a car accident in Lansing, insurance companies will likely try to minimize or deny your compensation. Since Michigan’s serious injury threshold and comparative negligence laws can complicate your case, having legal representation can make a significant difference. You should contact a car accident lawyer if:
- The insurance company denies your pain and suffering claim or offers a low settlement.
- You suffered serious or long-term injuries that impact your ability to work or enjoy daily life.
- The insurer is arguing you were partially at fault to reduce your payout.
- You’re unsure if you meet Michigan’s serious injury threshold and need legal guidance.
Contact a Lansing Car Accident Lawyer for a Free Consultation
If you’ve suffered pain and suffering after a car accident in Lansing, you don’t have to handle the legal process alone. Michigan’s serious injury threshold and comparative negligence rules make these claims challenging, and insurance companies often try to minimize payouts.
At The Clark Law Office, we have the experience to fight for the compensation you deserve. We can help prove the extent of your pain and suffering, negotiate with insurers, and take legal action if necessary. Contact us today for a free consultation, and remember….you pay nothing unless we win your case.
Frequently Asked Questions About Suing for Pain and Suffering After a Car Accident in Lansing
Can I sue for pain and suffering after any car accident in Lansing?
No. Michigan’s no-fault insurance system limits pain and suffering claims to cases where the victim meets the serious injury threshold. This means your injuries must involve death, permanent serious disfigurement, or a serious impairment of a body function. Additionally, the other driver must have been negligent for you to sue.
What qualifies as a “serious impairment of a body function” in Michigan?
A serious impairment is an injury that significantly affects your ability to lead a normal life. Examples include traumatic brain injuries, spinal cord damage, loss of mobility, or long-term disability that impacts your daily activities, work, or overall health.
How do I prove pain and suffering in a car accident claim?
To prove pain and suffering, you need medical records, doctor testimony, personal journals, and witness statements showing how your injuries have affected your life. Photos, expert evaluations, and psychological assessments can also strengthen your claim.
Do I need a lawyer to sue for pain and suffering?
While you are not required to have a lawyer, insurance companies often fight pain and suffering claims aggressively, trying to reduce or deny compensation. A Lansing car accident lawyer can help prove the severity of your injuries, negotiate with insurers, and take legal action if necessary.
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