Threshold Injury

Understanding The Threshold Injury Requirement For Michigan Auto Negligence Cases

Understanding The Threshold Injury Requirement For Michigan Auto Negligence Cases

Michigan law limits the ability of a person injured in a car accident to bring a third-party claim for non-economic damages. Unlike first-party benefits, which are available to a person injured in a car accident regardless of fault, a person cannot bring a third-party claim if he or she was more than 50 percent at fault for the accident. MCL 500.3135(2)(b). Furthermore, the injured party must demonstrate that he or she suffered an injury that meets the no-fault damages threshold. This requires that the injury suffered in the car accident be one of the following: