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Auto Accident 12.15.2021

What Damages Is the Negligent Auto Accident Driver Responsible To Pay?

Under Michigan law, if you are injured in a car accident,  you can recover damages from the negligent driver, which is usually paid by that driver’s own car insurance company.

Michigan law allows you to sue the negligent driver for injuries and damages caused by the accident. You can bring a lawsuit for auto negligence based upon a violation of a driving statute, local ordinance, or common law negligence. You may recover two types of damages: 1) non-economic loss damages and 2) excess economic loss damages. In addition to your third-party auto negligence claim against the at-fault-driver, you can seek no-fault PIP benefits from your own insurance company or through the Michigan Assigned Claims Plan (if you don’t have applicable auto insurance). Important to know that may have mandatory rights to significant no-fault PIP benefits.

Injured in a Car Accident? You May Collect Non-Economic Loss Damages from the At-Fault Driver

If you are injured in a car accident, one of your claims is for non-economic loss damages that affect your quality of life. Noneconomic damages include:

  • Past, present, and future pain and suffering
  • Being disabled
  • shock and mortification
  • disability
  • loss of any body function
  • diminished social enjoyment and pleasure
  • mental anguish and emotional distress
  • harm to marriage and relationship with children
  • permanent scarring and disfigurement

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In order to be successful in a claim for non-economic loss damages, your injuries must qualify under Michigan’s “threshold injury” requirement. Each case is different, so what constitutes a “threshold injury” is complicated and subject to court interpretation. You should have an experienced auto accident attorney in Michigan assess whether or not your injuries satisfy the serious impairment threshold requirement.

What Are Excess Economic Loss Damages from Auto Accident Injuries?

In Michigan, excess economic loss damages are the past, present, and future expenses that are not covered by your own no-fault PIP insurance. Under Michigan 2019 no-fault insurance reform, injured people will be able to pick and buy optional levels of PIP coverage. Thus, injured people can claim their excess medical expenses from the at-fault driver.
Your excess economic loss damages could also include lost wages that exceed the amount payable through your own Michigan no-fault insurance. Michigan no-fault work loss benefits cover the lost income from work for the first three years after an auto accident. The wage loss benefits are payable up to 85% of the injured person’s lost income up to a monthly statutory maximum. The statutory maximum changes every year based on changes in the cost of living. As of 2020, this benefit maximum is $5,755 October 1, 2020 – September 31, 2021. Injured persons who make more than the amount paid my no-fault insurance coverage, may be able to claim the excess economic loss damages in the lawsuit against the at-fault driver.

Unlike non-economic loss claim, you do not need to show a “threshold injury” to recover your excess economic loss damages. This means you can collect your excess economic loss even if your injuries do not rise to the level of “serious impairment of an important body function”; closed head injury; or “permanent serious disfigurement.”

Why Are Car Crash Damages Important to Pursue?

Michigan law gives the absolute right to pursue car crash damages. Michigan auto accident attorneys need to focus on the totality of the damages, which could include emotional injury such as post-traumatic stress disorder, in addition to surgery, or residual effects.  In addition to the injuries, the lawyer should look to the specific lifestyle changes that took place due to the injury or disability. Never leave any stone unturned, looking for the evidence to prove your client’s case. There are usually many facets to an injury case that must be explored to make sure your client’s compensation is maximized. If lawyers do not handle auto accident case, you should refer the case out to an experienced personal injury lawyer. Our firm accepts referrals from other lawyers and referrals fees are protected in writing.

Top Ranked Auto Accident Injury Lawyer

At The Joseph Dedvukaj Firm, our attorneys fully understand the car accident injuries and ways of making a claim for maximum compensation. We strongly advocate for our clients and rest assured your rights will be pursued for all car accident damages against the negligent driver. Gat a 100% Free Consultation. Speak to an auto accident claim specialist to find out about your car accident rights.

Call us today at 248-352-2110 or toll free at 866-HIRE-JOE.

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The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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