Steve Gursten, Michigan auto accident lawyer and partner with the Michigan Auto Law firm, outlines what it takes to have a successful auto accident case in Michigan today. He reviews the difference between "pain" and "serious impairment", an importan

Video Transcription

Hi, my name is Steve Gursten. I am a partner in the firm. I would like to do is go over with you whether or not you have the case. Unfortunately, Michigan probably has the worse long country when it comes to the injured in a car accident. Unfortunately, does not enough if you are completely innocent. It is not enough you are in pain everyday. Well you have to do under Michigan law if you have suffer what it is called a serious impairment of body function. So the key word that you have to always keep mind, it is not pain it is impairment. And it is not just impairment, but it has to be a serious impairment. So what it does mean in terms of do you have a case or not. Well, if you were injured, the next step is determining if your leg impaired or if it is different now that it was before your car accident. Obviously, the more things I can do to help to show differences between before the accident and after your car accident, the more likely you are to have a successful auto case. So in terms of a serious impairment, what it is exactly am I talking about? Thankfully, a lot of this is common sense. So for example, the way you get better is like going to treat with doctors. Well every time you go to a doctor, you are giving a medical history and letting that doctor know what is wrong with you. And every time you give a history, you are letting that doctor know and you are establishing your impairments for the record. All the things that are hurting you or disabling you from the car accident. Another common indicators time off work. So for example, it would be easy for any judge or any jury to say that you are more likely to have suffer the serious impairment the longer you are off work. Now, the problem is in Michigan. Is that the inverse of that is also true. So people who go back to work too early, even though they are in terrible pain and they are trying to do it are the people who are most punish under our current law. The people who are trying to do their normal activities and they will do it with pain are more likely to be punish because what is happening under law is the course. We are looking at these cases we are saying, “I notice you are able to go back to work after a couple of weeks from your car accident.” Even though you will say you are in pain, how is that a serious impairment? So unfortunately, under our current law in Michigan, those people who are normally most worthy about our respect are those who are most punish and the key to have a successful auto case is really documenting your injuries with your medical doctors. Being able to show how your life different now compare how it was before the accident. And it has many common sense ways that we can show together about ways that your life has been impaired or different now than it was before your auto accident. Please call me if you have any questions, I would happy to help. Thank you/