New Legal Options For Michigan Auto Accident Injury Victims
If you are one of hundreds of Michigan residents who has been seriously injured in a car accident that wasn ' t your fault— somewhere you were told you had “no case” by a Michigan attorney since of the state’s upright auto accident outset law — your legal rights are now restored with the Michigan Supreme Court’s ruling in McCormick v. Carrier.
Q. What does McCormick v. Carrier beggarly for injured Michigan car accident victims?
A. McCormick v. Carrier is a 2010 Michigan Supreme Court case that has agitated Michigan ' s previous ( and the nation ' s harshest ) auto accident entry law, which was based upon the 2004 Michigan Supreme Court auto accident case Kreiner v. Fischer. McCormick v. Carrier restores important legal rights that had been spacious away from Michigan residents who had been seriously injured in car accidents but were told they had " no case " under Kreiner.
Under McCormick v. Carrier, people who hunt compensation for injuries and pain and suffering have a better chance at a fair recovery. McCormick says a person can qualify for pain and suffering damages if his or her ordinary life is affected – not completely diverse by a car accident as Kreiner required.
Now, for hundreds and potentially thousands of Michigan residents who have suffered very heartfelt injuries from car accidents and have been told they had “no case” by personal injury attorneys, slick will be a second chance to recover compensation. This includes injuries that did not require long periods of season obliterate of work or caducity of medical treatment.
Q. Who are these Michigan car accident victims that were told ( before August 1, 2010 ) that they had no case?
A. Before August 1, 2010 and the release of McCormick v. Carrier, it was very arduous for car accident victims with serious injuries to bring personal injury lawsuits and consequently, many were told they did not have " good " auto accident cases by Michigan lawyers. These were people who suffered very stable and serious personal injuries twin as fractures, bulging and herniated disks, same surgeries to the ankle, knee, and spine surgeries to the back and neck. These people were completely innocent and did not cause their car accidents. These people kiss goodbye weeks, precise months, from work after being injured. Many could only return to work with constant pain and medical restrictions. These people, in short, stringy to suffer pain and valid limitations for age after their car crashes. Now, these people have a second chance.
Q. Why was it so arduous for car accident victims to bring pain and suffering lawsuits in Michigan before August 1, 2010?
A. Before McCormick v. Carrier came down on August 1, 2010, personal injury attorneys were concerned about their power to good Michigan’s auto accident doorstep law of serious impairment of body function. That ' s when Michigan had the worst auto accident law in the domain, substantial by a Michigan Capital Court case called Kreiner v. Fischer. Kreiner chief peoples’ whole lives be mismated by personal injury from an auto accident before they could recover any compensation from a pain and suffering lawsuit.
As a returns of Kreiner v. Fischer, thousands of Michigan residents with serious injuries, but who made good recoveries, or who had strict to hike to work with pain and medical restrictions within months of their car accidents, had their bona fide cases dismissed from the courts. Two hundred more lost when they impartial to review their reconciliation in the local courts. The law in consummation verbal, “Pain doesn’t count under Kreiner. If you were spirit back to work within months of a car accident, how could it really be a serious impairment that alters the entire course of your life? ”
Thankfully, Kreiner v. Fischer has been offbeat as of August 1, 2010 and is no longer Michigan ' s auto accident start law.
Q. I comprehend I may have a car accident case, but I ' m unsure considering of the law nickels. What should I do?
A. If you’ve been told that you have “no case” by a Michigan auto accident attorney after being injured in any type of motor vehicle accident within the last three years, your important legal rights have now been restored. Keep in mind, experienced is a three - month statute of limitations for car accident victims to file lawsuits seeking compensation in Michigan. So if a lawyer has told you that under the old law, you did not have a case, you should discuss your legal rights with an experienced personal injury attorney immediately.
