Although any number of injuries can leave a person with physical pain, emotional stress, and financial instability, catastrophic injuries—such as brain damage and spinal cord trauma—are more severe and traumatic by nature. These types of injuries often leave a person with temporary or permanent disabilities and have a higher rate of fatalities.

Unlike many other states, Michigan follows a no-fault auto insurance system, which includes severe injuries. Generally, those costs are reflected in state residents’ auto insurance policy premiums, and might affect the legal process for pursuing compensation.

If you or a loved one was involved in an accident and suffered serious trauma due to another person’s careless or reckless behavior, a Michigan catastrophic injury lawyer might be able to help. While trying to recover from these injuries, it might be difficult to understand your legal rights or to understand how to navigate the legal avenues that might be available to pursue compensation. Instead of trying to do this alone, a compassionate attorney at Buckfire & Buckfire, P.C. could walk you through each step.

Michigan Catastrophic Claims Association (MCCA)

The Michigan Catastrophic Claims Association (MCCA), a private, non-profit association, formed after the enactment of Michigan Public Act 136 of 1978. Each year, the association assesses the amount of money required to pay for the lifetime claims of those who have suffered catastrophic injuries. This information might be helpful during a claim, as it could help an injured claimant to assess the extent of their losses. A catastrophic injury lawyer who is familiar with this process in Michigan could help to explain how these nuances might impact a claim.

Additional Injury Laws

The law regarding catastrophic injury insurance in Michigan is contained in Michigan Insurance Code §500.100-500.8302. This code is periodically updated by the Michigan Legislature. Specifically, Michigan Insurance Code §500.603 defines an accelerated benefit as a payment during the lifetime of a life insurance policy holder, in the event of certain life-threatening or catastrophic circumstances. A Michigan catastrophic injury attorney may be able to assist with interpreting individual policies.

Establishing Fault

When a person suffers severe injuries due to another person’s negligence, they might wish to file an injury lawsuit to pursue compensation. Under the Michigan Revised Judicature Act §600.2959, a person who has catastrophic injuries may request both economic and noneconomic damages.

Because Michigan follows comparative negligence rules, however, the amount of damages may be reduced if the injured claimant was partially responsible for their own injuries. For economic losses, the award would be determined using a ratio that compares the plaintiff’s own negligence—if any—with the defendant’s degree of fault. However, if the plaintiff is asking for noneconomic compensation, such as loss of consortium, their own role in the accident must be no greater than half.

Contact a Michigan Catastrophic Injury Attorney

If you or a loved one was injured and suffered severe harm due to another person’s careless or reckless behavior, you have legal options and might benefit from reaching out to a Michigan catastrophic injury lawyer for help. A tenacious attorney at Buckfire & Buckfire, P.C. could answer your questions and guide you through the ensuing legal process.

However, there are important deadlines that exist for pursuing any claim for compensation. Call today to learn more and schedule a free consultation with a legal professional.

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