One of the most common questions we get from clients is: “are my injuries serious enough to sue the at-fault driver.” The law in Macomb County and the State of Michigan requires that the plaintiff show that they have suffered what is called a “serious impairment of body function (injury) and/or a permanent serious disfigurement (scar).” That means that a person has suffered an injury to some part of their body or a scar from the auto accident. These requirements are spelled out in a statute (law) found in MCL 500.3135. When someone makes a claim for injuries from an auto accident, the court looks at all the medical records and will determine whether a dispute exists regarding the nature and extent of plaintiff's injuries. May v Sommerfield, 239 Mich App 197, 199 (1999).
The Courts in the state of Michigan will look at 3 requirements to see if your injuries are serious enough. The first is whether there is what is called and Objectively Manifested Impairment. The common meaning of “objectively manifested” is “an impairment that is evidenced by actual symptoms or conditions that someone other than you would observe or perceive as impairing a body function. It can be a positive MRI finding or an x-ray that shows a fracture. When considering an “impairment,” the focus is not on the injury itself, but rather how the injury affects a particular body function.
The second thing the Courts look to is whether the injury is to an Important Body Function. It could be a broken hand or a dislocated shoulder or a wrenched back that prevents you from bending over. It doesn’t mean that you are totally incapacitated. It just means that some part of your body can not be used like it was before. AND REMEMBER, IT DOESN’T MEAN THAT IT HAS TO BE DAMAGED FOREVER.
The third consideration the Courts look to is whether the injury Affects your General Ability to Lead Your Normal Life for some period of time, not forever. Determining the effect of influence that the impairment has had on a person’s ability to lead a normal life requires a comparison of the Plaintiff’s life before and after the incident. The law only requires that a person’s general ability to lead his or her normal life has been affected, not destroyed.
The Personal Injury lawyers at Jeffrey W. Hartkop, P.C. are experienced in reviewing medical records and presenting the strongest auto accident injury case possible to maximize the amount of money you get for your injuries. If you or a loved one has been injures in an auto accident call the law offices of Jeffrey W. Hartkop for a free consultation.
REMEMBER, THERE IS NO FEE UNLESS WE WIN! CALL TODAY.
$350,000.00 for an automobile accident in Macomb County
$310,000.00 for a premises liability client
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Jeff was referred to me by my business attorney for an auto accident. From day 1 he has gone out of his way to treat me with kindness, respect and honesty. His explanations of the processes...