After an injury, the most common question is simple: what can I recover? The answer depends on the kind of case, the severity of your injuries, and the insurance available. Here is what Michigan law generally allows.
Economic damages: your financial losses
- Medical expenses, past and future: emergency care, surgery, hospital stays, therapy, medication, medical equipment and future treatment.
- Lost wages and reduced ability to earn in the future.
- Household help you need because you can’t do chores, yard work or childcare yourself.
- Attendant care after a serious injury.
- Travel to and from medical appointments.
- Property damage, such as your vehicle or personal items.
Noneconomic damages: how the injury affects your life
- Pain and suffering, both physical and emotional.
- Loss of enjoyment of life: activities, hobbies and routines you can no longer do.
- Scarring and disfigurement.
- Emotional distress, such as anxiety, fear and trouble sleeping.
- Loss of consortium: a spouse’s claim for lost companionship and support.
In Michigan, exemplary damages may also be available in limited situations involving intentional or malicious conduct that causes humiliation, outrage or indignity. They are not available in most car accident cases.
How it works in a car accident
Michigan’s no-fault system splits your recovery into two parts:
- No-fault PIP benefits from your own insurer pay medical bills, a portion of lost wages, household help and attendant care, regardless of fault. Learn about PIP benefits.
- A claim against the at-fault driver covers pain and suffering, if your injury meets the serious impairment threshold, plus economic losses beyond what PIP pays. Learn about the threshold.
How it works in a dog bite case
Dog bite claims are usually paid by the owner’s homeowner’s or renter’s insurance and can include medical bills, future scar treatment, lost wages, pain and suffering, and emotional harm. What is a dog bite claim worth?
What limits recovery
- Insurance limits: the at-fault party’s policy is often the practical ceiling, which is why we look for every available policy. Policy limits explained.
- Your share of fault: in a car accident, your recovery is reduced by your percentage of fault, and you can’t recover pain and suffering if you were more than 50% at fault.
- Documentation: consistent medical care and good records make the difference.
Every case is different, and prior results don’t guarantee a similar outcome. See our recent results, or get a free, honest case review.
Frequently asked questions
Is there a cap on pain and suffering damages in Michigan car accident cases?
There is no general cap on pain and suffering in ordinary Michigan car accident cases, but you must meet the serious impairment threshold, and the practical limit is often the at-fault driver’s insurance coverage.
Can my spouse make a claim too?
Often, yes. A spouse can bring a claim for loss of consortium, meaning the loss of companionship and support caused by your injury, as part of your case against the at-fault party.
Is my settlement taxable?
Compensation for physical injuries is generally not taxed as income, but parts of some settlements can be. Ask a tax professional about your specific situation.