After a Michigan car accident, you may assume that proving another driver caused your injuries is enough to recover compensation for pain and suffering.
But Michigan’s no-fault insurance law creates an additional requirement. In many auto accident cases, an injured person must show a serious impairment of body function before pursuing noneconomic damages against an at-fault driver.
Understanding this legal threshold can help explain why some injury claims move forward while others face challenges.
Why Does Michigan Have a Serious Impairment Requirement?
Michigan’s no-fault system generally provides certain accident-related benefits through applicable personal injury protection (PIP) coverage, regardless of who caused the crash.
However, suing an at-fault driver for noneconomic damages is different.
Under MCL 500.3135, an injured person generally must have suffered death, permanent serious disfigurement, or serious impairment of body function to pursue noneconomic damages arising from a motor vehicle accident.
Noneconomic damages can include pain and suffering, emotional distress, and loss of enjoyment of life.
What Is the Legal Definition?
Michigan law establishes a three-part test for serious impairment of body function.
The impairment must:
- Be objectively manifested.
- Affect an important body function.
- Affect the injured person’s general ability to lead their normal life.
These requirements are found in MCL 500.3135(5) and reflect the Michigan Supreme Court’s interpretation in McCormick v. Carrier.
Each requirement matters, but the analysis depends on the particular person’s injuries and circumstances.
What Does “Objectively Manifested” Mean?
An objectively manifested impairment is one that another person can observe or perceive through actual symptoms or conditions.
This doesn’t mean an injury must always appear on an X-ray or MRI. However, the claim needs evidence of an impairment beyond an unsupported description of pain.
Medical examinations, treatment records, diagnostic findings, and observations from healthcare professionals may help establish the physical basis for the impairment.
Pain can be an important part of an injury claim, but the legal focus is on whether a body function has actually been impaired.
What Counts as an Important Body Function?
An important body function is one that has significant value or consequence to the injured person.
Examples may include walking, lifting, bending, using an arm or hand, concentrating, or performing other essential physical or cognitive activities.
The analysis is individualized.
For example, an injury affecting hand function may have particularly significant consequences for a mechanic, musician, or someone whose work requires precise movements.
The court considers the importance of the affected function in the context of that person’s life.
How Must the Injury Impact Your Normal Life?
Michigan law requires an impairment that influences some of the injured person’s ability to live as they normally did before the accident.
Courts may compare the person’s activities before and after the crash, including work, household responsibilities, recreation, mobility, and everyday routines.
An injured person does not necessarily have to be completely unable to work or perform daily activities.
Does the Injury Have to Be Permanent?
No. Michigan law does not require a serious impairment of body function to be permanent.
A temporary injury may qualify if it satisfies the statutory requirements.
The duration of the impairment can be relevant, but there is no fixed minimum number of weeks or months that an injury must last.
Likewise, a diagnosis alone does not automatically establish serious impairment. The effect on the person’s normal life remains important.
What Evidence Can Help Prove Serious Impairment?
A strong claim generally connects medical evidence with specific changes in daily functioning.
Useful evidence may include:
- Medical records, imaging, and treatment recommendations
- Physician-imposed restrictions and work limitations
- Physical therapy and rehabilitation records
- Employment and wage records
- Documentation of activities the person can no longer perform
Keeping a clear record of how the injury changes daily life can help explain the practical consequences of the impairment.
Why Legal Guidance Matters
Insurance companies may dispute whether an injury meets Michigan’s serious-impairment threshold, even when the accident and medical treatment are documented.
Duff Law can help Michigan accident victims evaluate medical evidence, document changes in daily activities, investigate liability, and determine whether their injuries may support a claim for noneconomic damages.