Serious Car Accident Injuries: Most Common & Legal Rights Explained
People who have been injured in car accidents frequently suffer serious injuries in which the most common include: (1) traumatic brain injury; (2) spinal cord injury; (3) injuries to the neck and back; and (4) catastrophic injuries.
What Is Considered A Serious Injury In A Car Accident?
A serious injury in a car accident is considered to be one that has a significant impact or effect on an injured person’s life. This can include injuries disabling a person from walking, performing activities of daily living without assistance, communicating, caring for themselves, and driving.
These injuries also puts enormous emotional and financial pressure on a crash’s survivor’s family and is often accompanied by a period of being disabled from work. .
What To Do If You Suffered A Serious Injuries After A Car Accident?
Taking immediate and decisive action after suffering serious injuries in a car accident is essential for both your physical recovery and your legal right to compensation. If you have been injured, follow these steps to protect your health and your legal claim:
- Seek immediate medical attention – Prompt evaluation is critical to identifying both visible and hidden injuries, including catastrophic trauma that may not present symptoms right away.
- Report and document ALL injuries – Fully describing every symptom to first responders and medical personnel ensures an accurate diagnosis and creates a clear medical record linking the injuries to the crash.
- Never give statements or sign releases – Insurance adjusters may use early, incomplete statements or releases to limit or deny your claims before the full extent of your injuries is known.
- File a No-Fault benefits application – You must file your application for No-Fault PIP benefits with the responsible auto insurance company within one (1) year of the crash to preserve access to medical coverage, wage loss benefits, and essential insurance protections.
- Obtain a copy of your police report – The crash report provides official documentation of how the crash occurred and supports both your insurance and legal claims.
- Attend all medical appointments – Consistent treatment is vital for your recovery and strengthens the medical connection between the crash and your ongoing injuries.
- Keep good records – Maintaining organized documentation of all medical care, expenses, and insurance communications is essential to support your claims and potential lawsuit.
- Comply with notice requirements – Timely written notice to the insurance company is required under Michigan No-Fault law to preserve your legal eligibility for benefits.
- Consult an attorney – Experienced legal guidance helps protect your rights, manages complex insurer communications, and ensures all deadlines and legal requirements are properly handled.
Seeking immediate medical attention
Seeking immediate medical attention after suffering serious injuries after a car accident is critical for both your health and your legal rights. Even if injuries are not immediately obvious, conditions such as internal bleeding, traumatic brain injuries, and soft tissue damage can worsen without prompt diagnosis and treatment. Early medical evaluation creates a clear record linking your injuries to the crash, which is essential when pursuing a personal injury or auto crash injury claim.
Delaying medical care can not only jeopardize your recovery but also weaken your legal case. Insurance companies often argue that gaps in treatment mean your injuries were minor or were caused by something else. By getting prompt care, following treatment recommendations, and documenting your symptoms, you protect both your well-being and your ability to recover compensation for medical bills, lost wages, and pain and suffering.
Report and document all injuries
Reporting and documenting all injuries after a car accident is important because even minor symptoms can signal a more serious condition. Some injuries do not appear right away, so telling first responders and doctors about every pain, ache, or change in your condition helps create a clear medical record connected to the crash. Thorough documentation can also support your claim by showing the full extent of your injuries and the treatment you needed.
You should report every injury, follow up with medical care, and keep records of diagnoses, test results, prescriptions, and follow-up visits. Written documentation is especially important because it helps prove your injuries, supports missed-work claims, and reduces the chance that an insurer will argue your symptoms came from something else. Taking photos of visible injuries and saving medical paperwork can also strengthen your case.
Never give statements or sign releases
Never give a recorded statement or sign a medical release after a serious car accident until you understand how it may affect your injury claim. Insurance adjusters can use your words to minimize your injuries or shift blame, and broad release forms may give them access to more medical history than is relevant to the crash. Protecting your rights usually means speaking carefully and limiting what you share until you have guidance.
It is also important to review any release before signing, because it may authorize the insurer to obtain records that have nothing to do with your crash-related injuries. A narrowly tailored approach helps keep the focus on the treatment and conditions connected to the crash. In many cases, getting legal advice first can help you avoid unnecessary mistakes that could hurt your recovery.
File a No-Fault benefits claim
Filing a Michigan No-fault benefits claim after suffering serious injuries in a car accident is the first step in requesting payment for crash-related medical bills, wage loss, and other covered expenses. The written application for benefits is generally required within one year of the crash, and the claim should be submitted to the proper no-fault insurer as soon as possible. Providing the application, medical records, and any wage documentation early can help establish the claim and avoid delays.
It is also important to keep track of every bill and loss because no-fault insurers only pay benefits when the claimant provides reasonable proof of what was incurred. Missing deadlines or failing to submit complete information can put benefits at risk, so the claim should be prepared carefully and filed promptly. A properly filed claim can make it easier to recover the benefits available under Michigan’s no-fault system.
Obtain a copy of your police report
Obtaining a copy of your police report is an important step after suffering serious injuries in a car accident because the report can document the date, location, and basic facts of the crash. In many places, you can request the report from the police department that responded to the scene, and you may need details such as the crash date, location, and a valid ID to get a copy. If the report is not available right away, it may take a few days to process.
Having the police report can help support your insurance claim and give you a clearer record of what happened. It is often useful to review the report carefully for accuracy, especially if you plan to seek no-fault benefits or pursue a personal injury claim. If there are errors, you may need to follow up with the department or your attorney to address them.
Attend all medical appointements
Attending all medical appointments after a serious car accident is important because it helps protect both your health and your auto crash injury claim. Keeping every scheduled visit allows your doctor to monitor your progress, adjust treatment if needed, and document the full extent of your injuries over time. Missed appointments can also create gaps in your medical record, which may make it harder to show that your injuries were severe and crash-related.
Following through with treatment shows that you are fully committed to your recovery and helps support the need for ongoing care. Insurance companies may use missed appointments to argue that your injuries were not as severe or that you were not committed to treatment. Staying consistent with medical care can strengthen your case for no-fault benefits, wage loss, and other compensation tied to the crash.
Keep good records
Keeping good records after suffering serious injuries in a car accident can make a major difference in both your recovery and your claim. Save copies of medical bills, treatment notes, prescriptions, repair estimates, wage statements, and any communication related to the crash. Organized records help show the full scope of your injuries, expenses, and losses, which can make it easier to support a no-fault benefits claim or personal injury case.
Good records also help prevent disputes with insurance companies. When you can quickly provide documentation, it is harder for an insurer to question your treatment, expenses, or missed work. A simple file with dates, receipts, and reports can strengthen your case and help ensure nothing important is overlooked.
Comply with notice requirements
Complying with notice requirements after a serious car accident is important because many insurance and auto crash injury claims depend on giving timely written notice. After a crash, that may mean notifying the correct insurer, submitting required forms, and meeting any deadlines that apply to your claim. Failing to provide notice on time can delay benefits or give the insurance company a reason to dispute coverage.
It is also important to keep proof that notice was sent and received, such as copies of letters, emails, and delivery confirmations. Clear, complete notice helps show that you took the proper steps and preserved your rights to seek benefits or compensation. When the claim involves no-fault benefits, prompt notice can be especially important because the application and supporting paperwork often have strict timing rules.
Consult an attorney
Consulting an attorney after suffering serious injuries after a car accident in Michigan can help protect your rights and make sure you understand the full range of benefits and claims you may be eligible for. An experienced lawyer can explain how Michigan’s No-Fault system works, review insurance offers, and help you avoid mistakes like giving harmful statements or signing broad releases that could hurt your case.
An attorney can also handle communications with insurers, gather evidence, and ensure you meet all notice and filing deadlines. If your injuries are severe or your claim is disputed, legal help can be especially important when pursuing no-fault benefits, wage loss, or a personal injury claim against the at-fault driver. Getting advice early can help you make better decisions from the start and strengthen your overall claim.
What Are The Most Common Serious Injuries In A Car Accident?
Common serious injuries that survivors frequently suffer in car accidents include:
- Brain injuries – Including concussions, hematomas, hemorrhages, contusions, edema, skull fractures, diffuse axonal injury, coup-contrecoup injury, and second impact syndrome.
- Spinal/Back/Neck Injuries – Including herniated discs and injuries resulting in chronic pain.
- Shoulder injuries – Including rotator cuff tears, labrum tears, joint tears, and fractures.
- Pschological injuries – Including PTSD (affecting more than 30% of survivors), depression, and mental trauma.
- Miscarriage / pregnancy loss – Pregnancy complications or loss that may occur when trauma from a motor vehicle crash affects maternal or fetal health, depending on medical causation.
Can I Sue If I Suffered Serious Injuries After A Car Accident?
Yes. In Michigan, you can sue the at-fault driver after a car accident if you suffered a “serious injury” that meets the state’s legal threshold. This typically means a serious impairment of body function, permanent serious disfigurement, or death under Michigan’s No-Fault law (MCL 500.3135). If your injuries are significant enough to affect your ability to live your normal life, work, or perform daily activities, you may be eligible to bring a lawsuit for pain and suffering damages against the at-fault driver.
In addition to a lawsuit, you still receive No-Fault Personal Injury Protection (PIP) benefits for medical bills and lost wages from your own insurer, regardless of fault. The lawsuit is separate and is used to recover non-economic damages (like pain and suffering) and other losses not fully covered by PIP. Whether you can sue depends on the severity and long-term impact of your injuries, not just the fact that you were injured in the crash.
How Can I Recover Pain And Suffering Compensation For Serious Car Accident Injuries?
In Michigan, crash survivors may be able to recover pain and suffering compensation for their car accident injuries if they can prove: (1) that the at-fault driver who caused the automobile crash was negligent; and (2) the survivor’s impairments resulted in a “serious impairment of body function.” (MCL 500.3135(1-3))
Proving that an at-fault driver was negligent in causing the injuries after a crash usually involves showing that he or she failed to drive with the ordinary care that a reasonably careful driver would use. In some cases, this may be showing that the at-fault driver violated traffic laws, such as by rear-ending your vehicle when you are stopped at a traffic light..
In order for a crash survivor to show his or her injuries caused “a serious impairment of body function,” Michigan law requires the survivor to prove his or her injuries have affected the survivor’s ability to lead his or her normal life. (MCL 500.3135(5))
Under Michigan law, a survivor of an automobile crash can only sue for pain and suffering compensation if he or she has suffered a an injury that meet the state’s bodily injury threshold. This is called the legal tort threshold law for people who are bringing a lawsuit for major injuries suffered in an automobile crash.
How Long Do I Have To Sue For My Serious Car Accident Injuries?
In Michigan, the general statute of limitations to file a lawsuit for serious car accident injuries is 3 years from the date of the crash. (MCL 600.5805) If you miss this 3-year window, you will typically lose your right to sue the at-fault driver, even if your injuries are severe.
There are a few important exceptions that can change the deadline in limited situations, such as cases involving minors or certain delayed-discovery issues, but these are narrow. Separately, No-Fault Personal Injury Protection (PIP) benefits must generally be claimed much sooner—often within 1 year for certain benefits under Michigan law (MCL 500.3145). Because of these strict deadlines, injury claims involving the bodily injury threshold should be evaluated early to preserve all legal rights.
How Do I Get Michigan No-Fault Benefits For My Serious Car Accident Injuries?
In Michigan, to get No-Fault PIP benefits to cover your medical bills and lost wages after you have suffered serious car accident injuries, you must file an application for No-Fault PIP benefits with the responsible auto insurance company within one (1) year of your motor vehicle crash. (MCL 500.3145(1))
This application is also commonly referred to as a “written notice of injury” and the responsible auto insurance will be yours or your spouse’s or the insurance company of a relative who lives with you. Otherwise, you will file for No-Fault benefits through the Michigan Assigned Claims Plan.
As lawyers who have been helping automobile crash victims for more than 50 years, we know how stressful and difficult it can be for crash survivors and their families to begin putting their lives back together after being serioulsy injured in an automobile crash.
But it is extremely important that time be taken to timely file your No-Fault benefits application. If your application for No-Fault benefits is not filed on time, you and your family will lose out on a vital lifeline of medical care and services and lost wages reimbursements.
What Happens If Serious Car Accident Injuries Lead To Death?
If serious car accident injuries lead to death in Michigan, the case typically becomes a wrongful death claim. Under Michigan’s Wrongful Death Act, the deceased person’s personal representative can bring a lawsuit against the at-fault driver or other responsible parties to recover damages for the family and estate (MCL 600.2922). These damages may include medical expenses before death, funeral and burial costs, lost financial support, loss of companionship, and conscious pain and suffering experienced before death.
In addition to the wrongful death case, Michigan’s No-Fault insurance system still applies. The decedent’s Personal Injury Protection (PIP) coverage generally pays for allowable medical expenses and certain wage-loss benefits up to the time of death. The deadline to file a wrongful death lawsuit is generally 3 years from the date of death, consistent with Michigan’s personal injury statute of limitations (MCL 600.5805), though notice and procedural requirements under the Wrongful Death Act must also be followed, including notifying and involving eligible beneficiaries in the settlement or lawsuit process (MCL 600.2922).
How Long Does A Car Accident Settlement Take For A Case With Serious Injuries?
A car accident settlement involving serious injuries in Michigan typically takes several months to over a year, and in more complex cases it can take 1–3 years. The timeline depends on how long medical treatment lasts, the severity and permanence of the injuries, and when it becomes medically clear that the person has reached “maximum medical improvement” (MMI). Insurers usually will not fully evaluate settlement value until the full scope of injuries, future care needs, and wage loss are documented.
The process can also take longer if liability is disputed, multiple parties are involved, or a lawsuit becomes necessary under Michigan’s No-Fault system and the bodily injury threshold (MCL 500.3135). Cases often settle after key milestones like completion of treatment, independent medical examinations (IMEs), and discovery in litigation. While some straightforward injury claims resolve in under a year, contested or high-value cases frequently extend well beyond that before reaching a final settlement or verdict.
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Should I Get A Lawyer For A Car Accident With Serious Injuries?
Yes—if you suffered serious injuries in a Michigan car accident, it is generally advisable to get a lawyer. These cases often involve Michigan’s No-Fault “serious impairment of body function” threshold (MCL 500.3135), which must be met to pursue pain and suffering damages from the at-fault driver. Proving that threshold is legal and medical-intensive, and insurance companies frequently dispute it or minimize the extent of injuries.
A lawyer is also important because Michigan No-Fault claims involve multiple layers of coverage (PIP benefits, wage loss, medical billing disputes, and potential third-party liability claims). An attorney helps document injuries properly, coordinate medical evidence, handle insurer communications, and ensure deadlines are met—especially since certain PIP benefits must be claimed within strict time limits under MCL 500.3145. In higher-severity cases, legal representation often affects both whether a claim is accepted and the total compensation recovered.
Why Choose The Lawyers At Michigan Auto Law For A Serious Car Accident Injuries Case?
Michigan Auto Law is uniquely positioned to handle serious car accident injury claims, with more than 50 years of experience focused exclusively on motor vehicle crash cases. This deep specialization allows us to navigate our state’s complex No-Fault and third-party injury laws with precision, ensuring that any harm and complications arising from motor vehicle crashes are properly evaluated, documented, and pursued for full compensation.
Our law firm is also one of the most awarded and recognized auto crash injury law firms in the state, with attorneys consistently named among Super Lawyers, Best Lawyers in America, Best Law Firms and holding the highest ethical and legal ratings from Martindale-Hubbell. We have secured record-setting verdicts and settlements — including multiple eight-figure recoveries — demonstrating a proven ability to maximize compensation in auto crash injury cases.
Have You Or A Loved One Suffered Serious Injuries After A Car Accident In Michigan And Need A Lawyer? Call Now For A Free Consultation!
If you or a loved one has suffered serious injuries after crash in Michigan, call now (800) 968-1001 for a free consultation an experienced car accident lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle crashes than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck crash and auto crash settlement in the state.
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Written By
Steve M. Gursten,
Attorney,
License#: P53632
Steven Gursten, attorney at Michigan Auto Law and one of the most successful auto accident attorneys in Michigan. Michigan Auto Law represents people seriously injured in car, truck, motorcycle, and bus accidents, including catastrophic injury, traumatic brain injury, and No-Fault insurance cases. Steven has recovered the largest reported auto and truck accident settlement of any Michigan lawyer, and has been named Michigan Lawyer of the Year and a Top 50 Michigan Super Lawyer.
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