Michigan Serious Impairment

Written by Steven Matz on . Posted in .

“Do I have to have a permanent injury to qualify for money damages against the other driver in a Michigan no-fault case?”

This is a question we answer in one form or another just about every day in our practice. In a Michigan motor vehicle crash case, you may qualify for money damages against the owner, driver, or both of the other vehicles if:

  1. The other driver was at least 50% responsible for the collision
  2. You had no-fault coverage on your vehicle (if you were a pedestrian or bicyclist, that doesn’t apply)
  3. You suffered a serious impairment of body function, permanent serious disfigurement, serious neurological injury or death

The area that causes the most questions is “serious impairment.” Some Michigan judges and courts used to think that “serious” meant “permanent,” or even “disabling.” In recent years, however, the Michigan Supreme Court clarified the definition somewhat. It seems clear now that an injury from a car accident is “serious” if it can be verified by a doctor, and if it alters the way a victim has to live his normal life.

We take that to mean that even if you go back to most of your regular activities at some point after an auto crash injury, you may still qualify for damages if you can show that proven injuries are making it clearly more difficult to function than you did before the accident.

Source: 487 Mich 180

Steven Matz

Written By Steven Matz

Steven Matz
Steven J. Matz is a founding shareholder of Matz Injury Law. The firm’s concentration is on personal injury litigation, with an emphasis on traumatic brain injury. Mr. Matz earned a Bachelor of Arts degree with high distinction and highest honors in 1974 from the University of Michigan and a Juris Doctor degree in 1977 from The George Washington University National Law Center. Mr. Matz lectures and publishes in a number of areas, including ethics, marketing, trial tactics, and head injury. Mr. Matz has served on the Michigan Association for Justice Executive Board and currently serves the Michigan Attorney Discipline Board as a Hearing Panel Chairman and Master. He is also a member of the State Bar Committee for Character and Fitness.
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The maximum contingency fee permitted by law is actually 33 1/3%. Michigan court rules require that the attorney fee be computed on the net sum recovered after deducting all disbursements properly chargeable to the enforcement of the claim.

What does 22not33 mean, exactly?

We can charge 22% while virtually all other injury attorneys charge 33 1/3% because we are very, very, good at obtaining results for our clients. 

We do not spend millions of dollars on television ads; instead, we offer a lower fee to all our clients.  We do not have dozens of lower paid associates handling our work. All our clients are represented by Steven and Jared Matz. Steven Matz started the firm in 1977 and since then has dedicated his life to representing injury victims.  Jared joined the firm in 2016 but grew up listening to stories, discussing theories, and generally learning at the dinner table about how to effectively and compassionately represent injury victims. Jared Matz was literally born to represent individuals involved in motor vehicle crashes.

All of our cases are handled on a contingency fee and all our cases are handled at 22%. Whether the case settles or goes through trial, the fee does not change. While our competitors make excuses as to why they charge so much, we are obtaining results for our clients at a lower fee.

At a typical television advertising law firm, your first call will be handled by a receptionist, who may refer you to an intake person, who will discuss your claim with an intake manager, who then discusses your claim with an associate, who may then report to a partner. You may never speak with the person whose name is at the top of the letterhead. At Matz Injury Law you will always speak with either Steven Matz or Jared Matz.

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