There are two broad categories of damages available: Economic and Non-Economic. Damages for pain and suffering fall into the non-economic category. Following is a break-down of the types of harm covered under economic and non-economic damages:

In auto accident cases, economic damages may include:

• Medical expenses/Medical care


• Rehabilitation services


• Custodial care


• Lost wages


• Lost future earnings


• Burial costs


• Loss of use of property


• Cost of repair or replacement of property


• Cost of obtaining substitute domestic services


• Loss of employment


• Other objectively-verifiable monetary losses

Non-economic damages may include:

• Pain and suffering


• Inconvenience


• Physical impairment


• Physical disfigurement


• Mental anguish


• Emotional distress


• Loss of society and companionship


• Injury to reputation


• Humiliation


• Loss of consortium (loss of spousal companionship and services)


• Other non-economic loss

Michigan operates under a no-fault system. If you are a Michigan driver, you are required to purchase no-fault insurance that will cover your own injuries if you are involved in a car accident. Every driver must purchase at least basic coverage in order to get license plates. Your no-fault insurance policy will pay for your covered damages and the other driver’s insurer will pay for his/her damages, regardless of who was at fault. Standard no-fault insurance policies in Michigan cover all necessary medical costs when you are injured in an auto accident, lost wages for up to three years (and up to a maximum amount, which changes each year), replacement services of up to $20/day (for housekeeping/yardwork), up to $1 million in property damage you cause to another’s property (check your specific policy for policy limitations), and residual bodily injury and property damage liability coverage for your defense costs and damages you are found liable for in the event you are sued.

In exchange for this guaranteed payment of claims, Michigan drivers give up their right to sue for all but the most serious personal injuries sustained in a car accident. If your accident results in death or some form of permanent injury, such as permanent serious disfigurement or serious impairment of bodily function, Michigan’s no-fault law would allow you or your personal representative to sue the at-fault party to recover economic damages above and beyond your standard no-fault coverage. You may also sue for non-economic damages, mentioned above. In such a lawsuit, the jury would determine, using their best judgment, how much to award in damages. To see how juries go about this task, see How do insurance companies and juries assign values to pain and suffering?

Resources:

Document Your Pain and Suffering Claim (Checklist): A checklist that helps you document your economic and non-economic damages. An essential tool to help you prove and record your pain and suffering claim.

Michigan Motor Vehicle No-Fault Law: Text for the current Michigan no-fault law.

Michigan Office of Financial & Insurance Services: Michigan’s official insurance regulation site offers news, alerts, consumer insurance information, and ways to ask for help from the office. Check out the Consumer section.

Brief Explanation of Michigan No-Fault Insurance (Office of Financial and Insurance Services): A consumer-friendly publication that explains the basics of Michigan’s standard no-fault insurance coverage and optional coverages that may be of interest.

Free Advice Auto Insurance Center: Articles, FAQs, free quotes and research links.

Michigan auto accident lawyers - specializing in car accidents, truck accidents, and motorcycle accident personal injury cases.

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