What is a threshold injury?

Under Michigan law, in order to recoup money damages for pain and suffering one must show they  “suffered death, serious impairment of body function, or permanent serious disfigurement.” MCL 500.3135(1). A serious impairment of body function “means an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life.” MCL 500.3135(5)In Michigan, this statute is satisfied through the factors listed in McCormick v. Carrier.  

The factors a Plaintiff must show the courts is that the injury is (1) an objectively manifested impairment (2) of an important body function that (3) affects the person’s general ability to lead his or her normal life.

If the plaintiff presents evidence of these three factors, the plaintiff can move forward with his or her case and try to recoup her their pain and suffering. 

Contact Thomas Machasic today for a free consultation to determine if your injury meets the threshold requirement.