Michigan Supreme Court Reconsiders Victims' Rights to Compensation

Victims of auto accidents in Michigan may soon be able to seek damages for pain and suffering.

Current Michigan laws state that only those victims who have been killed, seriously disfigured, or seriously injured are eligible to seek damages for pain and suffering.

However, with the election of Democrat Diane Hathaway to the Michigan Supreme Court, this law may change.

The Michigan Supreme Court is considering reversing the 2004 precedent that restricts auto accident victims from suing a negligent party for damages.  

Under the current law, any injuries suffered in an auto accident are covered by the victim's personal injury protection insurance, which all drivers in Michigan are required to purchase.  The insurance covers all medical bills and up to three years of lost wages.

The Supreme Court plans to review the legal standard to determine if someone's injuries are severe enough to warrant non-economic damages. The current law states that the injury must affect the "course and trajectory" of a person's normal life.

Advocates of the current law say that if drivers are allowed to sue for additional damages, it will drastically increase the cost of insurance premiums.  Meanwhile, opponents of the law claim it is a travesty, and that it has prevented hundreds of victims from being fairly compensated for long-lasting injuries.

Some time between October and May the Supreme Court is expected to rehear a case in which a man was denied damages for pain and suffering, despite the fact that his ankle was crushed after a pick-up rolled over it.  

To learn more about your rights to recover damages in an auto accident lawsuit, click here to find a personal injury lawyer near you.