For those injured in a Michigan auto accident, being able to recover compensation for non-economic damages like pain and suffering hinges on meeting the legal "threshold" of having suffered a "serious impairment of body function." This threshold requirement stems from the Michigan No-Fault Act and has been extensively interpreted by courts over the years. Here's an overview of the statutory framework along with a look at how recent appellate decisions are shaping this still-evolving area of law.

Michigan law tells us that in order for a person to collect noneconomic damages for things like pain and suffering, physical disfigurement, humiliation, among other things, the person must have suffered “death, serious impairment of body function, or permanent serious disfigurement." The statute further defines what constitutes a "serious impairment of body function" in MCL 500.3135(5), codifying the test laid out by the Michigan Supreme Court in McCormick v Carrier in 2010.

Under that test, a "serious impairment of body function" has three cumulative elements:

1. An objectively manifested impairment

2. Of an important body function

3. That affects the person's general ability to lead their normal life

So in essence, the impairment must be observable, it must impact an important bodily function or system, and it must have real-life consequences for the injured person's normal activities and lifestyle. Injuries that are purely subjective, affect non-important bodily functions, or don't meaningfully disrupt the person's normal life likely won't meet this high threshold.

While the statute provides a legal test, its application often turns on the specific evidence and circumstances of each plaintiff's injuries and their impact on the person's life. Objective medical evidence, the nature of the bodily function affected, and the duration and extent of disruption to the plaintiff's normal activities are often critical factors. Ultimately, whether an injury crosses the "serious impairment" threshold is a fact-intensive inquiry that requires careful analysis.

At AARON.LAW, we have extensive experience evaluating auto negligence claims and proving the threshold requirement was met based on the evidence. If you have been injured after a collision, contact our team today by calling us at (877) AARON-4U