Moving Towards a Better Law For Car Accident Victims
Posted on | August 30, 2010 | No Comments
Kreiner v. Fischer – A Set Back for Car Accident Injury Victims
The 2004 decision in Kreiner v. Fischer introduced certain restrictions in determining compensatory damages in automobile accident cases. Prior to Kreiner, compensable non- economic damages were understood as a function of “serious impairment of body function,” or “permanent serious disfigurement.” In Kreiner, however, the standard invoked for the “serious impairment” threshold included the “course or trajectory” of an injury and its affect on an “entire normal life.” The practical consequence of Kreiner required long periods of temporal disability after an auto accident before an injury could be considered compensable.
While the insurance companies welcomed the decision in Kreiner, it made it more difficult for car accident injury victims to recover compensation for medical bills, lost wages, and diminished quality of life.
McCormick v. Carrier – A Move in the Right Direction
In August of 2010, the Michigan Supreme Court issued its decision and struck down the standard set by Kreiner. Rodney McCormick suffered a serious fracture resulting in two surgeries and a year away from work. Following the law as interpreted in Kreiner would have left Mr. McCormick without any compensation, while creating an almost insurmountable barrier for other car accident victims seeking damages in auto accident cases.
However, in Rodney McCormick v. Larry Carrier and Allied Automotive Group, Indemnitor of General Motors Corp., the Court removed the prohibitive requirements set forth in Kreiner. Although the McCormick decision is a victory in this sense, it simply has the practical effect of returning the law to what it was prior to Kreiner. As a result, McCormick reinstitutes what the Michigan Legislature enacted in 1995 after being lobbied heavily by the insurance industry. It this connection, it’s important to note that after enacting these accident thresholds in 1995, there was a 54% decrease in auto accident claims.
What McCormick Means for those Injured in Car Accidents
While McCormick simply restores what was already one of the nation’s most restrictive body of auto accident compensatory accident thresholds, it does represent a move in the right direction. Now, people suffering from herniated discs, head injuries, spinal cord injuries, broken bones, and amputations can seek damages under Michigan’s no-fault insurance system. Under Kreiner, it’s not clear how many of these kinds of cases would have succeeded or even had a chance to be heard. After all, if Rodney McCormick’s serious injuries and year of missed work wasn’t enough to justify a personal injury recovery under the law, where would people suffering from less severe but still serious injuries be left to turn to?
Contact Southfield Car Accident Attorneys at the Michigan Legal Team
Michigan’s no-fault insurance system can be confusing, especially in cases involving uninsured or underinsured drivers. If you’ve been injured in a car, truck, motorcycle, or bicycle accident, contact Southfield, Michigan auto accident lawyers at the Michigan Legal Team today, 1-877-353-3600.
Michigan Legal Team P.C. – Firm Overview
Posted on | March 30, 2010 | No Comments
Distinguished Lawyers serving the Detroit & Tri-County Communities
Located in Southfield, Michigan, The Michigan Legal Team, P.C. provides legal advice and representation for clients throughout the tri-county area, including Oakland, Wayne and Macomb counties.
Our lawyers concentrate on legal services in the following areas:
- Personal Injury
- Auto Accidents
- Dog Bites
- Family Law
- Divorce
- Criminal Law
- DWI / DUI / OWI / Drunk Driving
- Traffic Tickets
- Business Law
- Bankruptcy
If you have questions about our areas of practice or the legal services our Southfield & Westland Michigan Law Firm offers, please contact us by filling out our online intake form or call our office at 248-353-3600 or our toll free number at 877- MICH-TEAM (877-642-4832). We look forward to being of assistance.