Call Us Now
Email Us Now
What Is Considered a Catastrophic Injury in Michigan?
Michigan recognizes catastrophic injuries as those that lead to severe, life-changing, long-lasting (or permanent) damage that has a significant impact on the victim’s ability to move through their daily life, including affecting whether or not they can continue working. That can include a wide variety of injuries that occur in myriad ways. This is by no means a comprehensive list. If you’re unsure if the injury you suffered qualifies as a catastrophic injury, contact an experienced catastrophic personal injury attorney who can help determine what your rights and ability to file claims might be.
- Traumatic brain injuries (TBIs), which can include concussions
- Spinal injuries
- Vision or hearing impairment, either partial or complete
- Severe burns over much of the body
- Loss of limbs or digits through amputation
- Loss of bodily functions
- Paralysis
- Organ damage
Any of these injuries can occur in a variety of ways, including vehicle accidents, workplace accidents, sports, slips and falls, or even dog attacks. No one anticipates sustaining catastrophic injuries while they go about their day, but unfortunately, it happens all too often.
What Options Can I Pursue to File Claims After Suffering a Catastrophic Injury?
This is a complex question with a variety of answers depending on the injury itself and the circumstances in which it occurred. For example, someone who is paralyzed in a car accident and has car insurance in Michigan would apply for claims through their insurance. Michigan is a no-fault auto insurance state, meaning that if they’re injured in an accident, even if it was entirely someone else’s fault, they’ll still file claims with their own insurer first to cover some or most of their expenses (depending on the level of coverage they enrolled in).
At one time, Michigan required vehicle owners to purchase unlimited lifetime medical expense coverage for injuries sustained in car accidents. Vehicle owners today still have the option of purchasing unlimited coverage, but they can now opt for capped coverage. Given that injuries in vehicle accidents (especially involving larger vehicles, such as semis and SUVs) can be devastating and run up tens of thousands of dollars in medical expenses, it’s possible that whatever coverage someone opts for isn’t going to cover the costs completely.
In those cases, the victim may turn to the Michigan Catastrophic Claims Association (MCCA), which may be able to provide additional financial compensation. It’s not always easy to receive funds from the MCCA, and you might benefit from working with a personal injury attorney if you need to work with them.
What if I Was Injured at Work?
If someone was injured in a workplace accident and their employer has workers’ compensation, they can apply for claims through that. According to Michigan law, the following are legally obligated to subscribe to workers’ comp.
Any private employer with at least one employee working 35 hours a week for a minimum of 13 weeks in the preceding 52 weeks
Any private employer regularly employing at least three people at a time
Agricultural employers employing at least three people working 35 hours a week for a minimum of 13 weeks in the preceding 52 weeks
Anyone hiring at least one domestic servant working 35 hours a week for a minimum of 13 weeks in the preceding 52 weeks
All public employers
What if My Catastrophic Injury Has Caused Me to Need Lifetime Medical Care?
It’s strongly recommended that you work with an experienced catastrophic injury attorney for any catastrophic injury, but especially one that requires lifetime medical care. It will likely involve working through your no-fault insurance or your employer’s workers’ comp, possibly the MCCA, and, if someone else was involved and possibly at fault for the accident, their insurance company. With that many potential avenues for filing claims, it becomes incredibly complex.
To file a claim against someone else for the injury, it’s necessary to prove four things.
Duty of care. The defendant owed the victim a safe environment or behavior.
Breach. The duty of care was breached. For example, the defendant was driving while under the influence of alcohol.
Causation. The defendant struck the victim’s car during a DUI, a situation that may not have happened if the driver had been sober.
Damages. The victim suffered injuries and financial losses because of the accident.
Is There a Statute of Limitations for Filing Claims for a Catastrophic Injury?
A statute of limitations is the legal period within which someone can file a claim. For catastrophic injuries and other forms of personal injury, Michigan’s statute is three years from the date the injury occurred or was discovered. There are a few exceptions to that, including if the victim is a minor (they have until one year after they turn 18 to file), the victim is insane or mentally deranged (they have one year after the insanity has subsided), or if the liable party leaves the state after the accident but before the claim is filed (the statute of limitations doesn’t start until they return).
What Should I Do if I Suffered a Catastrophic Injury and Need Legal Help?
Call the Sigal Law Firm as soon as possible at 248-671-6794 to request a free consultation. This is no doubt a traumatic, terrifying time for you. Our team of experienced, knowledgeable personal injury attorneys can work through the specifics of your case to help you determine the right approach to achieve the best possible outcomes.
