Do You Have a Threshold Injury? Read this !
Metro Detroit Personal Injury Lawyers
In Michigan, to bring a claim for pain and suffering from an auto accident, your injuries must be what is called a “threshold injury.” Michigan law defines a threshold injury as follows:
- The injury must be, “objectively manifested.”
- The objectively manifested injury must be to an, “important body function.”
- The objectively manifested injury of the important body function must affect the person’s, “general ability to lead his or her normal life.”
It is also important to know that the law provides that the threshold for liability is also met if the injured person has suffered death or “permanent” serious disfigurement.” The permanent serious disfigurement can include things like burns and scars.
If you fall outside the death and permanent serious disfigurement categories, whether or not you have a threshold injury is looked by the court on a case by case basis. For example, if you suffered a back injury from a motor vehicle accident, you should see some type of injury to one or more vertebral discs in your back on an MRI. This MRI will give you the “objective” evidence of the injury. The use of your back is an “important body function.” The fact that you can no longer work or enjoy the things that you used to do before this injury is the disruption in the, “general ability to lead your life.” Under this scenario, you would most likely be found to have a threshold injury, and thus able to recover for pain and suffering under Michigan law.
The above information is a general overview and is not intended to be used as legal advice. If you are injured, the best thing to do is call our office at 248-557-3645 and schedule a free consultation .