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Michigan auto accident victims didn’t meet serious impairment threshold in Kreiner v. Fischer

Personal injury lawyer discusses the effect Kreiner will have on plaintiff auto accident victims

Steve Gursten of Michigan Auto Law is interviewed by Michigan Lawyers Weekly after the Michigan Supreme Court decision Kreiner v. Fischer. Kreiner interpreted the No-Fault Act’s “serious impairment of body function” statute, establishing the precondition plaintiffs must meet before they can sue for non-economic damages in such a way that many people who suffered serious personal injuries and who missed months from work, had virtually zero rights.

Gursten said he was concerned with the fact that a one-vote majority in the Michigan Supreme Court made such a radical change to a clear, legislative definition of serious impairment of body function.

Here’s the Michigan Lawyers Weekly story: Accident victims didn’t meet serious impairment threshold in Kreiner v. Fischer

June 2, 2004

Update: The Michigan Supreme Court ruled on McCormick v. Carrier on August 1, 2010. This overturned Kreiner v. Fischer and restored the rights of auto accident victims in Michigan.

Related information:

McCormick v. Carrier and its effect on Michigan auto law requirements

Serious impairment of body function

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