What are Threshold Injuries?

Threshold injuries are injuries that qualify for pursuit of third-party or non-economic damages in a Michigan car accident injury case.

Michigan’s no-fault car insurance laws put strict limitations on personal injury lawsuits involving automobile accidents. Because injury benefits are available to nearly everyone involved in a car accident through no-fault insurance and the Michigan Catastrophic Claims Association, state law prohibits most car accident injury victims from pursuing damages for non-economic losses by suing the driver at fault for the accident.

Non-economic losses include damages such as severe pain and suffering, loss of a loved one, physical and emotional distress, or loss of the enjoyment of life. Non-economic damages cover the intangible aspects of life that are difficult to assign a dollar value to. Essentially, any negative impact an injury has on a person’s life that doesn’t come with a bill or quantifiable financial loss, like medical expenses or loss of income, can usually be classified as some sort of non-economic loss.

In automobile injury cases in Michigan, in order for an injury to be eligible for recovery of non-economic damages, the injury must meet the qualifications outlined in the state’s no-fault laws. Injuries of this level of severity are known as “threshold injuries” because they meet the threshold requirements to pursue non-economic damages in a third-party lawsuit.

Qualifications of a Threshold Injury

There are three categories of threshold injuries. In order to qualify for a third-party lawsuit for non-economic damages, injuries in a car accident must result in one of the following:

1. Death
2. Permanent serious disfigurement
3. Serious impairment of body function

The first of these is pretty cut and dry. Either an accident victim dies from his or her injuries or they don’t. Permanent serious disfigurement, which includes injuries like loss of a limb or permanent facial scarring that makes the individual unattractive or repulsive to others, is also fairly easy to determine in court. The final category, however, is often much more difficult to define and make a convincing case for, especially since the legal definition of “serious impairment of body function” has changed since the law was first enacted. Injuries that fall in this category are the most litigated, in terms of auto accident injuries, in Michigan courts. They are also the most common as injuries are more likely to cause daily serious pain or prevent someone from participating in their favorite pastime than they are to result in permanent disfigurement or death.

The law states that to qualify as a serious impairment of body function the injury must result in “an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life.” The chief question that has been debated over the years is, "What does 'normal life' mean?" Is it normal life for the person in question? In other words, if the person can no longer do something they used to do, is that considered an inability to lead their normal life? Or does it refer to any lifestyle that could be considered normal?

For a period of time, the latter was the definition upheld by legislators and the Michigan Supreme Court. This resulted in denying injury victims non-economic damages because even though their injury prevented them from bowling, like they used to do every Friday night, they could still socialize and recreate by sitting around a table playing pinochle, which is a normal lifestyle for some people.

More recently, though, the dominant thought is that an injury victim who can’t enjoy life the way they used to because of an injury should be entitled to compensation for that loss of joy. Thus, currently, courts define normal life as whatever lifestyle was normal for the individual before the accident. While this is a much fairer standard, it’s not always easy to prove in court. Cases in which someone is physically limited, so they are unable to hold the same job or earn the same income as before, are a little more obvious. But when long-term severe pain, depression or anxiety caused by the injury is the reason someone can’t work or enjoy life like they used to, it’s not as obvious and usually requires more expert testimony and evidence to prove in court.

Turn to Sachs Waldman to Prove Your Threshold Injury

The personal injury lawyers at Sachs Waldman, P.C., have extensive experience proving threshold injuries in court and securing non-economic damages for seriously injured auto accident victims. Whether your injury is physically obvious or a result of difficult to prove symptoms, such as pain, depression, anxiety or brain damage, the Sachs Waldman firm has the experience and resources to build a formidable and convincing case on your behalf.

If you’ve been seriously injured in a Michigan auto accident, call us and find out whether you may qualify for non-economic damages in addition to the first-party damages you’re entitled to through Michigan’s no-fault laws.

Call our Detroit personal injury attorneys’ office at 1-800-638-6722 to schedule a free consultation.