Do I Have A Case? FAQ’s
The most frequently asked questions we hear about whether or not you have a case.
One of the most frequent questions posed to Michigan auto accident attorneys is, “Do I have a case?” There’s no easy way to answer this, particularly when it comes to the auto law in Michigan. Every car accident case and personal injury is unique.
This question is truly best answered by speaking directly with an experienced auto accident attorney. Following a free consultation, you can gain a clear picture of your exclusive situation. Call Michigan Auto Law at (800) 777-0028 for help now.
There’s no ‘yes’ or ‘no’ answer when it comes to having a car accident case
To review the potential success of any case in Michigan, an auto accident attorney must first begin by analyzing the extent of impairment that the personal injuries from a car accident cause to the victim’s life. Attorneys must start with the analysis of impairment because there is an “injury threshold test” that requires car accident victims to show a “serious impairment of body function” – in order to have a successful car accident case.
“Serious impairment of body function” and your car accident case
What is or is not a “serious impairment” under Michigan auto accident law is determined by trial judges on a case-by-case basis. The Michigan Supreme Court interpreted this auto accident impairment law in 2004 in a legal decision called Kreiner v. Fischer. Then the law was reinterpreted in 2010 with McCormick v. Carrier. The Legislature made the decision to codify the McCormick decision, giving the case full effect, beginning on June 11, 2019.
Looking at Michigan case law (which frequently changes) provides auto accident attorneys with some guidance on the potential success of any auto lawsuit in Michigan.
But, it is still one of the most difficult and challenging questions to answer for lawyers that have not dedicated their entire practices to serious auto accident cases.