What Damages Can I Pursue Outside of My No-Fault Benefits Claim?

Jay Trucks & Associates, PC

Michigan’s no-fault insurance provides payment for medical bills and property damages after a car crash, up to your policy limits. You are eligible for these benefits regardless of who may have caused the accident. However, your coverage most likely does not compensate you for any non-economic damages, such as pain and suffering. So, what is pain and suffering? Who may be eligible for these damages? How do I pursue compensation for non-economic damages?

Jay Trucks & Associates discusses non-economic damages for Michigan insured drivers, including the factors that could impact your ability to make a claim and what other alternatives for compensation may be available.

If you were injured in a car crash caused by a negligent driver, our Clare car accident lawyers welcome the opportunity to explain your legal options for recovering compensation. Our firm provides a free initial consultation to discuss whether you may have a valid case. What you discuss in this meeting is completely confidential, and there is no obligation for you to hire our services. If we represent you, we charge nothing up front. Our fees are paid at the end of your case if we achieve a recovery for you.

Non-Economic Damages Not Covered by No-Fault Benefits

Your no-fault insurance covers the cost of your medical treatments, lost wages and other benefits following a car crash, even if you may have contributed in some way. Non-economic damages, which are the emotional damages injured victims suffer due to traumatic events and serious injuries, are not covered. These damages can also impact your quality of life and ability to move forward after an accident.

Common Non-Economic Damages:

  • Post-traumatic stress disorder (PTSD)
  • Emotional distress and mental trauma
  • Loss of enjoyment
  • Damage to marriage or family relationships
  • Shame or humiliation
  • Permanent scarring or disfigurement
  • Loss of function
  • Disability

Factors That May Impact Eligibility for a Non-Economic Damages Claim

If you want to recover compensation for non-economic damages, you will need to do so through an auto negligence claim. However, not everyone will be eligible to recover damages this way. You must first meet a certain injury threshold in order to qualify.

In Michigan, the injury threshold requirements are subject to interpretation by the court, which can make it harder to prove eligibility. If you are experiencing PTSD, depression, or other pain and suffering damages, we strongly recommend that you seek legal advice.

Our firm has been handling auto negligence claims for injured victims in Michigan for more than 30 years. We welcome the opportunity to assess your case and help you understand your legal options.

Other Compensation Alternatives That May Be Available

If you do not qualify for non-economic damages, what other types of compensation may be available? Are there additional eligibility requirements?

Everyone will not qualify for non-economic damages under the law. However, you may be able to pursue excess economic loss damages. This is compensation that can help you to recover additional losses for some of the damages not covered by your personal injury protection (PIP) or other no-fault insurance benefits.

For accidents that are due to another driver’s negligence, excess economic loss damages are another way to recover compensation once you have exhausted your PIP or lost wages benefits. Under this type of claim, you may be able to recover additional medical costs, including future medical costs and additional lost wages. You will not have to meet any injury threshold to pursue this type of claim, however your attorney will still need to prove that the other driver owed you a duty of care and was negligent in that duty, causing the accident and your injuries.

How a Qualified Personal Injury Lawyer May Benefit Your Claim

Getting injured in a Michigan car crash is a traumatic experience. Trying to fill out forms, make phone calls to insurance companies and meet deadlines is both difficult and overwhelming when you are recovering from injuries.

At Jay Trucks & Associates, we give you the peace of mind of having a team of legal professionals on your side throughout the process. We take the guesswork out of your claim and protect your best interests. We can fully manage your case, including communicating with the insurance company on your behalf, and we keep our clients fully informed about the status of their claim.

Learn more about what we do and read what our clients think about our services. We have recovered millions on their behalf, and we are prepared to pursue maximum compensation for you. Contact our firm as soon as possible to find out whether you may have a case. There is no risk to you, as your initial consultation is completely free. If we represent you, we do not get paid until you do.

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