The Threshold Injury law is unique to the complicated no-fault state of Michigan. It defines how the state classifies an injury that involves a serious impairment of body function after a car crash.
Jay Trucks & Associates explains this law and when it may apply to a Michigan auto negligence claim. Why is this important? If you have a qualifying impairment of body function, you may be able to seek additional compensation. The experienced attorneys at our firm are prepared to help you through this process. Learn more about the threshold injury law and how it could benefit your claim. We offer a free initial consultation to discuss your situation and potential legal options. If we validate your claim and represent you, there are no upfront costs. We only get paid if and when you do.
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How the Threshold Injury Law Applies to a Negligence Claim
Before taking steps to file an auto negligence claim, you will need to get a medical evaluation. This examination will help establish whether your injury qualifies you under the threshold injury law.
Getting your injury classified as a serious impairment of body function involves:
- An examination and evaluation from a doctor
- Diagnostic testing
- Medical records and doctor’s notes to verify your claim
To qualify for a negligence claim in Michigan, you must also not be more than 50 percent liable for the crash that caused your injuries. If you are assessed with any fault, it will be deducted from the any compensation you receive. If you are 51 percent or higher at fault for the crash, then you will not be able to pursue compensation beyond your no-fault benefits.
What is a Serious Body Impairment Under the Threshold Injury Law?
A serious body impairment under the threshold injury law has a significant impact on an injured victim’s quality of life. These injuries could include:
- Spinal cord damage
- Compound fractures
- Closed head injuries
- Severe burns
- Traumatic brain injuries
In addition to the type of injury, there are other factors that may apply. Under the No-Fault Auto Insurance Reform, effective July 2020, new requirements added to the threshold injury law are defined as follows:
- The extent of the victim’s injury is clear to others when observing their symptoms or condition
- The injury must have directly caused the loss of a body function; the significance of that impairment to the victim’s quality of life may also be further defined by him or her
- The severity of the impairment hinders the victim’s quality of life or affects his or her ability to live and function normally
- There is no minimum or maximum length of time an impairment must last to qualify
- Threshold injuries must be confirmed and verified on a case-by-case basis
- The capacity of a person’s state of functionality will be compared to what it was before and after the injury
What Types of Damages Can You Pursue?
If you are eligible under the threshold injury law, you may be able to pursue compensation for other damages, including:
- Lost wages
- Excess medical bills
- Pain and suffering
- Loss of body function
- Partial or full disability
- Reduced ability to participate or enjoy social pleasures
- Loss of companionship
Contact One of Our Attorneys For Legal Help
If you suffered a severe injury that may meet Michigan’s threshold injury requirements, it is a good idea to seek legal help right away. At Jay Trucks, our Grand Rapids car accident lawyers are prepared to discuss your situation. If we find you may qualify for a serious body impairment, we are ready to guide you through the process of qualifying under the law.
Our law offices are available to take your call anytime, day or night. When you contact us, we will schedule a free initial consultation to discuss your claim. We do not recommend that you delay, because Michigan has strict deadlines for filing a claim. Having an experienced attorney on your side can help to protect your legal rights and ensure you avoid missteps from the beginning.
Experienced. Local. Lawyers. Call (800) 762-8623