A large part of any Michigan settlement or jury award is for pain and suffering. However, many people do not understand the term or what goes into calculating how much they receive. In Michigan, there are also special rules about these types of damages that plaintiffs must know.
What pain and suffering damages include
Pain and suffering is the largest part of the non-economic damages in a lawsuit. Economic damages pay you for the amounts that actually came out of your pocket, such as medical bills and lost wages. Non-economic damages compensate you for what you experienced and continue to go through after your accident. This could include everything from the physical pain that you feel to the anxiety that you experience as a result of your catastrophic injuries. You can even be paid for the inconvenience and disfigurement that you will suffer for the rest of your life.
There are some caps on pain and suffering in Michigan
Michigan is one of the states that try to put limits on pain and suffering awards. For example, you have three years from the time that you discovered your injury to file a lawsuit, or else you lose the right to sue. In addition, Michigan has dollar caps for pain and suffering in product liability and medical malpractice cases. However, car accidents and other injuries do not have any limitations on pain and suffering awards.
You need to demand what you deserve
Usually, an insurance company will use a multiplier of your medical bills to calculate pain and suffering. You can expect that they will try to understate your actual experience unless you stand up and fight for your legal rights. Your attorney will need to clearly and convincingly show how you have been harmed.