Auto Accidents: Compensation for Pain & Suffering

Question: “I was injured in an auto accident that wasn’t my fault. Can I be compensated for my pain and suffering?”

Answer: “Perhaps.”

In legal lingo, pain and suffering are non-economic damages. The Michigan No-Fault Insurance Act describes when you can be paid for such damages. You’re not entitled to payment if you had only minor injuries. Non-economic damages are only allowed where the accident resulted in:

• a serious impairment of body function
• a serious permanent serious disfigurement, or death

Most claims for pain and suffering compensation fall under the first category – a serious impairment of body function. To meet that standard, the injury caused by the accident must be one that affects your general ability to lead a normal life.

Two additional rules: The damages will be reduced if you were partly responsible for the accident. And you won’t be eligible for any non-economic damages if you were more than 50% responsible.

The attorneys at the Ann Arbor law firm of Hamilton, London, & Davis can review the facts in your case, and help evaluate whether you’re eligible to be compensated for your pain and suffering.