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Auto Accident Law

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Serious Impairment of Body Function

To recover non-economic damages (e.g., pain and suffering) in a third-party auto accident claim, the plaintiff must demonstrate a "serious impairment of body function."

Under Michigan’s no-fault insurance law, to recover non-economic damages like pain and suffering in a third-party auto accident claim, the plaintiff must prove they suffered a “serious impairment of body function.” This involves demonstrating an objectively manifested impairment of an important body function that affects the plaintiff’s general ability to lead their normal life. The impairment must be more than minor or temporary, as outlined in MCL 500.3135. Proving this threshold is crucial, especially in cases involving rear-end collisions, hit-and-run accidents, or drunk driving incidents that often result in severe injuries like traumatic brain injuries from a rollover accident. The Joseph Dedvukaj Firm’s skilled auto accident attorneys can gather compelling medical evidence and testimony to establish a serious impairment of body function, ensuring clients receive the full compensation they deserve for their losses.

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