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August 3rd, 2010

Michigan Supreme Court overturns Kreiner

The Michigan Supreme Court has just recently decided a major case that will change a victim's ability to recover against a negligent driver for pain and suffering damages.
 
15 years ago when the Michigan Legislature passed the law, it indicated in order for a person to receive compensation for pain and suffering resulting from a Michigan accident that they must have a threshold level injury. There are four ways a victim can meet the threshold requirement.
 
The new case recently decided called McCormick, deals with the one of the four threshold requirements: “serious impairment of important body function.” 
 
In 2004, the Michigan Supreme Court decided a case called Kreiner which changed the interpretation of what amounted to a “serious impairment of important body function.”  That court read into the statute something that was not there--- and it said that “a victim’s course and trajectory of his or her life must be significantly affected.”
 
On August 1, 2010 the current Michigan Supreme Court issued an opinion in the case of McCormick v. Carrier and overturned the Kreiner case saying it wrongly interpreted the no-fault statute and ruling that the statute did not require such a significant life change to meet the threshold.  The court went on to define each of the important words and phrases at issue when a trial judge is deciding whether the victim has met the threshold requirement.
 
The present threshold as to “serious impairment of important body function” requires an observable or perceivable impairment from actual symptoms or conditions, that affects a body function of value, significance or consequence to the injured person, and that influences some of the victim’s capacity to live in his or her normal manner of living.
 
The bottom line: this statutory law has not changed.  However, now trial judges have better guidance as to the meaning of the phrase “serious impairment of important body function.” It is now easier for a Michigan motor vehicle accident victim to be compensated for pain, suffering, mental anguish, fright and shock, denial of social pleasure and enjoyment and other noneconomic damages.
 
Anyone who has been a victim of a motor vehicle collision because of the negligence of another driver in the last three years should call our office to see if they may meet the new threshold requirement.  The statute of limitations is three years for motor vehicle accident in Michigan and unless you are a minor, you are barred from filing a lawsuit if over three years have passed since the accident.

Written by,
Jason Waechter, Esq.

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