Legal Question in Personal Injury in Michigan
auto accident injury
I was rear-ended on the highway in an auto accident about a year ago. I was not at fault. I went to the doctor the next day because of the pain in my neck and back and he said I had muscle strains and sprains and perscribed physical therapy. Doctors visits costs were covered by my insurance. A year later, I still have occasional upper back pain and am thinking of going back to the doctor. Am I entitled to any compensation more than just my medical bills being paid?
1 Answer from Attorneys
Re: auto accident injury
Under the Michigan No-Fault statute, you would pursue a claim against your insurance company for economic damages. This is called a first-party claim. Economic damages are out-of-pocket expenses suffered because of the accident. Economic damages include (1) medical expenses, (2) mileage to and from the hospital, doctors, clinics, pharmacy, etc. (3) lost wages, and (4) replacement services. At this point I won't go into detail on each one.
To collect Non-economic damages you would pursue a claim against the at-fault driver. Michigan No-Fault law has established a threshold that you as a plaintiff must show to collect Non-economic damages such as pain and suffering, loss of consortium, etc. This threshold (serious impairment) is difficult to prove. It is hard to evaluate your claims without talking to you further.
Please contact my office at (248)737-7000 to set up a free initial consultation. You can call my 24 hour line at (800) LAW-6685. I look forward to talking with you. Best wishes!
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