Pain and Suffering After an Accident
Table of Contents
Pain and suffering damages address losses that medical bills and wage statements cannot measure. After a serious Michigan accident, physical pain, sleep problems, anxiety, scarring, and the loss of activities you once enjoyed can change daily life long after the first bills arrive.
For a motor vehicle crash, personal injury protection benefits can cover eligible medical expenses and wage loss, but PIP does not pay damages for the pain, fear, inconvenience, or loss of enjoyment caused by the injury. Other types of injury claims follow different insurance rules, but the personal effects of the injury still have to be supported with evidence before they can be valued.
Michigan law allows injured people to pursue pain and suffering damages when the facts and legal requirements support the claim. We have spent decades representing injured people across Michigan, including the Upper Peninsula, and building the medical and day-to-day evidence that shows how a serious injury changed a life.
Why Injured Michigan Clients Choose Matz Injury Law for Pain and Suffering Claims
Pain and suffering claims depend on proof of how an injury changed your life, not only what appears on a bill. We build that proof for injured people all across Michigan, including the Upper Peninsula, while personally handling every case we accept and charging a 22% contingency fee at every stage.
Decades Proving What Pain and Suffering Is Worth
Clients we have represented have recovered more than $300 million in injury cases. We document non-economic loss through medical records, treatment history, photographs, witness accounts, and the specific ways an injury changed work, family responsibilities, recreation, sleep, and other parts of daily life.
Steven Matz has earned an AV Preeminent rating from Martindale-Hubbell and induction into the Michigan Lawyers Weekly Hall of Fame. Those recognitions accompany decades of Michigan injury work. No two cases are alike, and past results do not promise a particular outcome.
A 22% Fee Keeps More of Your Recovery in Your Hands
We charge a 22% contingency fee at every stage, including trial. Michigan court rules permit a contingency fee of up to one-third of the net recovery in covered personal injury cases. On a $500,000 net recovery used to calculate the attorney fee, the difference between 22% and one-third is about $56,667. Case costs and other deductions are separate and can affect the final amount a client receives.
Steven Matz and Jared Matz personally handle every case we accept. The same lawyers responsible for evaluating the evidence and pursuing the claim stay involved as the case develops.
Meet the Team Behind Your Personal Injury Claim
Client Testimonials
“My family is grateful for Steve Matz’s professional handling of our case. Steve was very thorough, candid, responsive, and strategic in his approach throughout our legal proceedings. If ever in a situation again like my family has experienced over the past year, we would immediately retain Matz Injury Law to represent our interests. Thank you Steve.” — John P.
“Jared Matz of Matz Injury Law is an excellent attorney. He is very knowledgeable and I would highly recommend him to anyone needing assistance in matters of law. He goes above and beyond for his clients and has wonderful caring attitude.” — Carl R.
“10/10 Working with Matz injury has been the the best part of a horrible circumstance. Dealing with insurance is never fun, but Steve and everyone made it the best possible situation. Highly, highly recommend!” — Kali B.
Can You Recover Pain and Suffering After a Michigan Accident?
Yes. Michigan law allows pain and suffering damages in many claims when another person or business is legally responsible for the injury. These are non-economic damages that compensate for personal losses that do not come with a bill.
Depending on the injury and claim, pain and suffering can include:
- Physical pain during recovery and pain that continues afterward
- Emotional and psychological harm, including anxiety, depression, and post-traumatic stress
- Loss of enjoyment of life when an injury limits hobbies, routines, travel, or time with family and friends
- Scarring, disfigurement, physical impairment, inconvenience, and other effects on daily life
A spouse may also have a separate loss-of-consortium claim when the injury damages the marital relationship. Michigan treats that as a separate claim tied to the underlying injury.
The same category of non-economic harm can appear in many personal injury claims, but the legal path depends on how the injury happened. A motor vehicle claim follows Michigan’s no-fault rules, while a premises injury, dog bite, or other non-auto claim follows the liability rules that apply to that type of case.
In a motor vehicle case, PIP may pay eligible medical treatment, including medically necessary mental health care, and eligible wage loss. PIP does not compensate the injured person for the distress itself. Pain and suffering belongs to the third-party personal injury claim against the legally responsible party and sits alongside any recoverable economic losses. If psychological symptoms followed the collision, documenting emotional distress after a crash can help connect those symptoms to the accident and their effect on daily life.
The Serious Impairment Threshold: When Michigan Lets You Sue for Pain and Suffering
A Michigan motor vehicle claim must clear the no-fault threshold before the injured person can recover non-economic damages from the at-fault driver. MCL 500.3135 allows that claim when the injury involves one of three categories:
- Death
- Serious impairment of body function
- Permanent serious disfigurement
A serious impairment of body function has three parts. The impairment must be objectively manifested, meaning actual symptoms or conditions are observable or perceivable by someone other than the injured person. It must affect a body function that has great value or significance to that person, and it must influence some of the person’s ability to live in their normal manner. Michigan law does not require the impairment to be permanent or last for a set amount of time.
The analysis is personal to the injured person. Michigan law calls for a comparison of life before and after the crash, and there is no minimum percentage of normal life that must be affected. An injury can qualify even when the person returns to some work or activities. Medical records, exam findings, imaging when available, treatment restrictions, and other evidence of functional change can help show both the impairment and its effect on daily life.
The threshold applies only to non-economic damages in motor vehicle cases. Economic losses recoverable above applicable PIP limits do not require it. The distinction between economic and non-economic damages determines which losses are subject to the serious-injury threshold.
How Much Is Pain and Suffering Worth in Michigan?
Michigan has no fixed multiplier, per-day rate, or official calculator for pain and suffering. A pain and suffering settlement is negotiated based on the evidence and the disputed issues in the case. If the case reaches trial, the jury decides the amount supported by the evidence.
Multiplier and per-day methods may appear in settlement discussions, but they are not Michigan legal formulas. How pain and suffering is calculated depends more heavily on facts such as:
- The severity of the injury and whether any effects are permanent
- The length, type, and consistency of medical treatment
- Medical documentation that connects the symptoms and limitations to the accident
- The effect on work, sleep, mobility, family responsibilities, relationships, and activities
- Scarring, disfigurement, or other visible long-term changes
Consistency across the record can also affect value. Insurers may compare medical records, reported limitations, work history, and other evidence when they dispute the severity or cause of an injury. A treatment gap or a prior condition does not automatically end a claim, but the record should explain when symptoms began, how they changed, and what limitations followed the accident.
How Do Fault and Filing Deadlines Affect a Michigan Pain and Suffering Claim?
Fault can reduce what you recover for pain and suffering after a Michigan motor vehicle crash. Under MCL 500.3135(2)(b), you can still recover if you are 50% or less at fault. At exactly 50%, your award is reduced by half. If you are more than 50% at fault, you cannot recover non-economic damages.
For many Michigan personal injury lawsuits, the filing deadline is three years under MCL 600.5805. Some claims have different deadlines or notice requirements, and evidence can disappear long before the filing window closes.
PIP claims have separate timing rules. Under MCL 500.3145, written notice is generally due within one year of the crash unless the insurer has already paid PIP benefits. Other rules can also limit how far back you can recover unpaid benefits.
Request a Free Review of Your Michigan Pain and Suffering Claim
Pain and suffering claims become stronger when the evidence shows how the injury affected real parts of your life. Medical records, treatment history, photographs, employment records, and accounts from people who knew your normal routine can help document those changes. Waiting can also make evidence harder to collect and bring filing deadlines closer.
We review injury claims for people all across Michigan, including the Upper Peninsula. We can assess the applicable threshold, fault issues, evidence needs, and filing deadlines before you decide how to proceed.
Call 866-226-6833 or reach out through our contact form for a free consultation. We charge a 22% contingency fee at every stage, including trial, and there is no fee unless your case results in a recovery.
Written By Steven Matz
Steven J. Matz is the founder of Matz Injury Law, specializing in personal injury litigation with a focus on car accident victims. With over 40 years of legal experience, Mr. Matz has achieved numerous million-dollar settlements. He holds an AV Preeminent rating from Martindale-Hubbell and has been recognized among Michigan’s Top Attorneys. Steven J. Matz is a frequent lecturer on legal ethics and personal injury law, and serves on the Michigan Attorney Discipline Board.
Recent Resource Articles
Hear What People In a Similar Situation Have Said About Our Attorneys
