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Michigan Supreme Court Ruling Improves Recoveries for Accident Victims

As any Michigander knows, Michigan is a No-Fault State. Persons injured in auto accidents there (as well as truck, ATV, bicycle and pedestrian victims) may have their recovery from an at fault driver limited to medical expenses and a portion of lost wages. Recovery for pain and suffering may be limited to cases which meet the Michigan no-fault threshold cases in which a person suffered death, scarring and disfigurement or the peculiar and confusing term, serious impairment of a body function. The definition of a serious impairment of a body function has been in dispute since no-fault law arrived, and has received multiple interpretations by multiple courts over the years, often resulting in minimal or no recovery to legitimately injured persons. In many instances, people with serious injuries were denied any recovery at all.

Recently, the Michigan Supreme Court announced its landmark decision of McCormick v Carrier, which reversed longstanding case decisions. In a nutshell, McCormick court held that where there is objective evidence of injury and those injuries generally affect some aspect of the persons ability to lead their normal life for some period, they are entitled to have a jury determine their measure of damages. The court held that there is no need to prove permanent injury or that the injures completely prevented a person from going about any day-to-day activities.

The practical effect of the McCormick decision is that Cubbon and Associates may well be able to help you recover for injuries sustained in a Michigan accident today, even though only a couple of months ago the law may have prevented such recovery. If we can be of assistance, please dont hesitate to call us!

Cubbon & Associates: 419-243-7243

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Cubbon & Associates Co., L.P.A.

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