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Michigan Third-Party Car Accident Attorney

Which Insurance Company Pays for Pain and Suffering (Non-Economic Damages)?

Unlike economic damages paid by your insurance company in most cases, Pain and Suffering damages are covered by the wrongdoer’s insurance company – also referred to as third-party insurance.

Under Michigan law, the accident victim must prove elements in order to be entitled to Pain and Suffering (Third-Party) benefits:

1) First, the victim has to prove another motorist was at least 50% at-fault for causing the accident.  If the other motorist was at least 50% at-fault for causing the accident, the victim can proceed with a claim.

This first element is often key to litigation and recovery.  We will obtain all experts necessary to prove your case.

2) The victim must show that the injuries were a result of the car accident.  

3) Under MCL 500.3135(1); Michigan’s auto accident threshold law requires that someone injured in a car accident must first suffer a serious impairment to be able to sue for personal injuries from a car accident. Serious impairment is defined as “an objectively manifested impairment of an important body function that affects that person’s ability to lead his or her normal life.”

What Benefits May I be Entitled to?

If you are able to prove the elements in a third-party case you ay be eligible to recover non-economic benefits that include:

  • Physical pain and suffering
  • Mental anguish, such as post-traumatic stress disorder
  • Reduced enjoyment of your life
  • Scarring and disfigurement

Statute of Limitations

If you’ve been injured in a Michigan auto accident, you generally have three years from the date of the crash to file a lawsuit against the at-fault driver for the injuries you sustained. MCL 600.5805(10).


No matter what kind of accident you were involved in, if you’ve been injured due to another party’s negligence, call a Michigan personal injury lawyer with The Law Offices of Mohamad H Bazzi PLLC. We offer a free consultation when you complete our contact form or call us at 313-887-8800.

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