Michigan No-Fault Third Party Case | Third Party Benefits
What is a Third Party Benefits Case?
In Michigan, a third party case is against the driver that was negligent in causing the accident and the injuries that you sustained during the accident. However, in Michigan, because we have a no-fault law not every driver is entitled to sue the person who caused the accident.
In order to sue the person that was at fault for the Michigan auto accident and to receive pain and suffering compensation, Michigan law states that your injuries have to meet a certain threshold. The threshold that your injuries have to meet is what is called a serious impairment of an important body function. Additionally, a serious permanent disfigurement meets the threshold along with the uncommon result of death.
Do I Meet The Threshold For Third Party Benefits?
While serious permanent disfigurement and death are easy to define, serious impairment of an important bodily function is much more difficult to prove. There are several factors that courts use to determine whether an injury is a serious impairment of bodily function.
- The injury is objectively manifested (observable or perceivable from actual symptoms or conditions.
- The accident left you with an injury of a body function that is important to you (Body function of value, significance, or consequence to you).
- The injury affected your general ability to lead a normal life. (Influences some of your capacity to live in a normal manner)
- Other additional factors that the court deems necessary.
An Experienced Michigan Auto Attorney Can Help With Your Third Party Benefits
As you can see, sometimes it can be difficult to determine whether an injury meets this threshold. Every case and every injury is different. Whether your injury resulted in a broken bone, a back problem, ligament tear, knee or shoulder injury, or a more serious condition, it is important to figure out what your rights are and whether your injury meets this threshold for Michigan third party benefits. To determine whether your injury meets this threshold,Contact a Lansing car accident lawyer
at The Clark Law Office and arrange a completely free initial consultation. (517) 347-6900
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