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Wednesday, 29 May 2019 21:12

Car Insurance Laws Are Changing in Michigan

Written by Steven Gursten, JD Supra

Index

Serious impairment of body function threshold for pain and suffering compensation: Under the new Michigan No-Fault law, a car accident victim will be required to satisfy the new definition of a “serious impairment of body function” in order to be able to sue for pain and suffering compensation. Specifically, the new Michigan No-Fault law defines a “serious impairment of body function” as an “impairment” that: “is objectively manifested, meaning it is observable or perceivable from actual symptoms or conditions by someone other than the injured person”; “is an impairment of an important body function, which is a body function of great value, significance or consequence to the injured person”; “affects the injured person’s general ability to lead his or her normal life, meaning it has had an influence on some of the person’s capacity to live in his or her normal manner of living. Although temporal considerations may be relevant, there is no temporal requirement for how long an impairment must last. This examination is inherently fact and circumstance specific to each injured person. It must be conducted on a case-by-case basis, and requires comparison of the injured person’s life before and after the incident.”

 

We thank JD Supra for reprint permission.


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