As the victim of a personal injury accident you have likely suffered from emotional trauma along with the physical injuries the accident caused. As such, you may wonder if the award for damages is limited to physical injuries assuming you are successful in a personal injury lawsuit for damages in Michigan. Whether or not your damage award is limited to physical injuries depends on the type of accident in which you were injured and the severity of the injuries you received.
Although you likely envision a car accident when the term “personal injury lawsuit” is mentioned, there are a wide variety of other injury accident scenarios that could provide the basis for a personal injury lawsuit in Michigan, including, but not limited to:
- Slip and fall injuries
- Premises liability injuries
- Dog bite injuries
- Product liability injuries
- Aviation and boating accidents
The type of accident that caused your injuries is relevant because the State of Michigan is a no-fault insurance state with regard to car insurance. What this means is that when you are injured in a car accident in Michigan your own insurance provider is responsible for covering the costs associated with treatment for physical injuries and replacement of lost wages if the accident was not serious. In order to pursue a traditional personal injury lawsuit, and therefore receive damages for pain and suffering, your injuries must have been serious enough to exceed the no-fault insurance threshold. Only an experienced Michigan car accident attorney can review the facts of your accident and advise you whether or not you exceed the threshold.
For other types of personal injury accidents, a victim may pursue a traditional personal injury lawsuit without having to surmount any obstacles first. In a traditional personal injury lawsuit a victim may be entitled to both economic and non-economic damages. Economic damages are out of pocket expenses such as property damages, medical bills, and lost wages. Non-economic damages are what people usually refer to as “pain and suffering” damages. The value of the non-economic damages portion of an award or settlement will depend on a number of factors and is much more subjective in nature than your economic damages are.
To ensure that you are fully and fairly compensated for all the injuries you suffered in a Michigan personal injury accident, consult with the experienced attorneys at Slusky & Walt, P.C.
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