How to Prove 'Serious Impairment of Body Function' for Pain and Suffering Claims in Michigan
To sue an at-fault driver for pain and suffering in Michigan, you must meet a strict legal threshold. You must prove an objectively manifested impairment of an important body function that affects your general ability to lead your normal life.
Michigan's No-Fault auto insurance system guarantees that your medical bills and a portion of your lost wages are paid regardless of who caused the accident. However, if you want to sue the at-fault driver for non-economic damages-commonly known as pain and suffering-you cannot simply file a lawsuit because you are hurting. You must cross a strict legal barrier known as the tort threshold. Navigating this legal standard requires substantial medical evidence and legal expertise. If you have suffered a severe injury, it is highly recommended to search our directory for a Michigan auto accident lawyer who can help you build your case.
The McCormick v. Carrier Threshold Explained
The rules for suing for pain and suffering are codified in Mich. Comp. Laws § 500.3135. The statute states that a person remains subject to tort liability for non-economic loss caused by their ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.
For most accident victims, the focus is on proving a serious impairment of body function. The landmark Michigan Supreme Court case, McCormick v. Carrier, 487 Mich. 180 (MI Supreme Court 2010), laid out the exact three-prong test that victims must pass in courts like the Wayne County Circuit Court, Detroit or the Oakland County Circuit Court, Pontiac.
Prong 1: Objectively Manifested Impairment
You cannot sue based purely on subjective complaints of pain. An objectively manifested impairment means the injury must be identifiable to a third party, usually a doctor, through medical testing. This is typically proven via X-rays showing broken bones, MRIs showing herniated discs or torn ligaments, or neurological exams confirming nerve damage. A simple statement of pain will not survive a motion to dismiss.
Prong 2: Important Body Function
The impairment must affect an important body function. Under the McCormick standard, what is considered important is highly subjective and depends on the specific person's life. However, courts universally agree that functions like walking, lifting, speaking, cognitive thinking, and the use of the spine or limbs qualify as important body functions.
Prong 3: Impact on Daily Life
This is often the most heavily debated prong. You must prove that the impairment affects your general ability to lead your normal life. It does not mean your life has to be permanently destroyed, nor does it mean your life must be completely altered. It simply means that your pre-accident lifestyle has been significantly interrupted. For example, if you were a passionate runner and can no longer jog, or if you can no longer pick up your children, this prong may be satisfied.
Exceptions for Closed-Head Injuries (TBI)
Michigan law recognizes that Traumatic Brain Injuries (TBI) and closed-head injuries are unique because they do not always show up clearly on an MRI or CT scan. Under the statute, if a licensed allopathic or osteopathic physician who regularly diagnoses or treats closed-head injuries testifies under oath that you may have sustained a serious neurological impairment, the court will generally allow your pain and suffering claim to proceed to a jury without meeting the strict imaging requirements.
How Long Does it Take to Prove the Threshold?
Proving the threshold is not an overnight process. It often takes 6 to 12 months of active medical treatment and physical therapy before a doctor can definitively declare the extent of your impairment and how long it will last. Once a lawsuit is filed, a standard third-party auto negligence case in Michigan typically takes 12 to 24 months to reach a settlement or trial verdict.
How Much Are Pain and Suffering Settlements in Michigan?
Unlike PIP medical benefits, there is no statutory cap on pain and suffering damages for auto accidents in Michigan. Settlement amounts depend entirely on the severity of the impairment, the amount of insurance the at-fault driver carries, and the victim's comparative fault.
| Injury Severity | General Settlement Range (USD) |
|---|---|
| Mild/Moderate (e.g., Whiplash that heals in 6 months) | Usually does not meet the threshold (No Payout) |
| Severe but Recoverable (e.g., Broken leg with surgery) | $50,000 - $150,000 |
| Permanent Impairment (e.g., Spinal cord injury, TBI) | $250,000 - $1,000,000+ |
| Attorney Contingency Fees | Standard 33.3% of the total settlement |
Frequently Asked Questions (FAQ)
Does the impairment have to be permanent?
No. Under the McCormick standard, there is no requirement that the impairment be permanent. You only need to show that it affected your ability to lead your normal life for a period of time, though a longer duration usually increases the settlement value.
What if I was partially at fault for the crash?
Michigan follows modified comparative negligence rules. If you are found to be more than 50% at fault for the accident, you are legally barred from recovering any non-economic pain and suffering damages.
Can a chiropractor testify about my closed-head injury?
No. The statute strictly requires that the affidavit for a closed-head injury exception be provided by a licensed allopathic (MD) or osteopathic (DO) physician who specializes in treating such injuries, like a neurologist.
Who pays my pain and suffering settlement?
The bodily injury liability insurance of the at-fault driver pays the settlement. If the driver is uninsured, you may file an Uninsured Motorist (UM) claim through your own auto insurance policy, provided you purchased that optional coverage.
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