1. Economic damages — the measurable dollars
Economic damages are the objectively provable losses. In a Michigan truck case they come from two independent buckets:
The PIP bucket (MCL 500.3107)
Reasonable and necessary medical care (to your PIP coverage limit), 85% of wage loss for up to 3 years, $20/day replacement services, attendant care, and mileage. PIP pays regardless of fault. Attendant care in a serious truck-crash case is often the single largest economic number.
The third-party bucket (MCL 500.3135)
Excess medical costs above PIP coverage, excess wage loss beyond 3 years or above the monthly PIP cap, loss of earning capacity, and future medical care documented by a life-care planner. This is the bucket that opens up commercial-truck policy limits.
2. Noneconomic damages — pain and suffering
Under MCL 500.3135, an injured person can recover noneconomic damages when injuries meet the serious impairment of body function threshold — an objectively manifested impairment of an important body function that affects the person's general ability to lead their normal life (McCormick v. Carrier, 487 Mich 180 (2010)).
Noneconomic damages include:
- Physical pain and suffering.
- Mental anguish, anxiety, PTSD, and depression from the crash.
- Disfigurement — scarring, amputation, visible injury.
- Loss of enjoyment of life — hobbies, activities, social engagement.
- Loss of consortium — the spouse's derivative claim.
Michigan does not impose a cap on noneconomic damages in third-party auto cases. (The medical-malpractice caps in MCL 600.1483 do not apply.) Truck cases with catastrophic injuries — brain injury, spinal cord injury, amputation — often produce noneconomic verdicts in the seven or eight figures.
3. Wrongful death
For fatal truck crashes, Michigan's Wrongful Death Act (MCL 600.2922) allows recovery of:
- Reasonable medical, hospital, and funeral expenses.
- Reasonable compensation for pain and suffering before death.
- Loss of financial support to family members.
- Loss of society and companionship to spouse, children, parents, and siblings.
PIP survivor's-loss benefits under MCL 500.3108 apply independently.
4. Comparative fault — how much stays with you
Michigan applies modified comparative fault under MCL 600.2959 and MCL 500.3135(2)(b):
- Economic damages are reduced by your percentage of fault (no bar at 50%).
- Noneconomic damages are also reduced — but if you are more than 50% at fault, you cannot recover any noneconomic damages.
Naming every proper defendant (driver, carrier, shipper, loader, maintenance vendor) diffuses the jury's fault allocation across more parties and typically drives your allocated share down.
5. Insurance depth — the practical ceiling
Federal law sets minimum liability coverage under 49 C.F.R. § 387.9:
- General-freight interstate carriers: $750,000.
- Oil carriers: $1,000,000.
- Hazmat carriers: $5,000,000.
Michigan intrastate carriers must carry at least $1,000,000 under MCL 480.11a. Large national carriers routinely add primary, excess, and umbrella layers to $5–$25 million or more. Broker policies add another possible layer. Every layer needs to be identified and stacked before the case is valued.
6. Case-specific factors that raise value
- Documented FMCSR violations by the carrier or driver.
- Fatigue-related crash with ELD hours-of-service violations.
- Positive post-crash drug/alcohol test.
- Driver's prior CDL suspensions or crash history.
- Systemic carrier issues (repeat violations, DOT unsatisfactory rating).
- Catastrophic injury — TBI, spinal cord injury, amputation, burns.
- Lifetime attendant-care or life-care plan.
- Loss of a high-earning-capacity career.
7. Factors that reduce value
- Gaps or discontinuities in medical treatment.
- Pre-existing conditions in the same body part.
- Recorded statements to the at-fault insurer.
- Social media posts inconsistent with claimed limitations.
- Comparative fault allocated to the injured person.
- Failure to preserve ECM, ELD, dashcam, and other evidence.
8. Michigan case evaluation and mediation
Michigan Court Rule 2.403 provides for case evaluation, and MCR 2.411 for mediation. Both create structured settlement opportunities before trial. In truck cases, the evaluation number is heavily influenced by expert reports, medical prognosis, and the strength of the FMCSR violation evidence developed during discovery.
Want a candid valuation of your Michigan truck case?
Call Jay Trucks & Associates. We'll review the medical records, federal MCS-90 filings, insurance layers, and liability evidence — and give you a straight answer about what the case is worth. Free consultation. Zero obligation. No fee unless we win.