Quick answer
If a crash caused a brain injury, including a concussion, you may be able to claim no-fault benefits for medical care, rehabilitation and attendant care, plus a claim against the at-fault parties for pain and suffering and future losses. Because brain injuries often do not show on scans, testing and careful documentation are central to the case.
- Includes
- Concussions and mild TBI
- No-fault may cover
- Medical, rehab, attendant care
- Deadline to sue
- Generally 3 years
About brain injury cases
A brain injury can change how a person thinks, works, sleeps and relates to family, even when it looks mild at first. Symptoms often appear days or weeks after the crash, and standard imaging may look normal.
Inosencio & Fisk works with treating doctors and specialists to document how the injury affects daily life and makes sure the claim covers future care, not just today's bills.
How crashes cause brain injuries
- The head striking a window, steering wheel or door pillar
- Violent acceleration and deceleration, even without a head strike
- Crushing impacts in truck underride crashes
- Pedestrian and bicycle impacts
- Rollover crashes
- Flying cargo or debris
Who may be responsible
Truck cases often involve more than one responsible party, and each may carry its own insurance. We look at all of them.
At-fault driver
Careless or unsafe driving that caused the impact.
Trucking or delivery company
Responsible for its driver and its safety practices.
Manufacturer
Defective airbags, seat belts, underride guards or other parts that failed to protect.
Maintenance provider
Equipment failures that led to the crash.
Evidence we move to preserve
Trucking companies are only required to keep some records for months, and electronic data can be overwritten. We send preservation letters right away.
- Emergency and hospital records
- Neurological and neuropsychological testing
- Advanced imaging where appropriate
- Statements from family and coworkers about changes
- Employment records showing lost capacity
- Crash reconstruction showing impact forces
What you may be able to recover
Michigan claims usually have two parts.
No-fault (PIP) benefits
Paid by your own or a household auto policy, regardless of fault.
- Medical and rehabilitation expenses, based on your policy's coverage level
- Lost wages for up to three years, subject to statutory limits
- Replacement services such as household help
- Attendant care and mileage to medical appointments
Claim against the at-fault parties
For losses no-fault does not cover.
- Pain and suffering, when the injury meets Michigan's threshold
- Wage loss beyond no-fault's limits
- Medical costs beyond your policy's coverage level
- Future care and lost earning capacity
- Vehicle and property damage
Michigan law at a glance
| Rule | What it means | Source |
|---|---|---|
| No-fault (PIP) claim notice | Written notice to the insurer within 1 year of the crash | MCL 500.3145 |
| Lawsuit against at-fault parties | Generally within 3 years of the crash | MCL 600.5805 |
| Pain and suffering threshold | Serious impairment of body function, permanent serious disfigurement or death | MCL 500.3135 |
| Shared fault | Recovery is reduced by your share of fault; more than 50% bars pain and suffering | MCL 500.3135(2)(b) |
| Truck driver hours | 11 hours driving after 10 off, no driving past the 14th hour on duty, 30-minute break after 8 hours driving | 49 CFR 395.3 |
| Claims against government | Written notice deadlines as short as 120 days for road defects | MCL 691.1404 |
Deadlines have exceptions and some are shorter. Talk to a lawyer before relying on any date.
What to do after a truck crash
Get medical care and follow up
Some injuries, including brain injuries, show up days later. Medical records link the injury to the crash.
Report the crash
Call police and get the report number. Crashes involving commercial vehicles are often investigated in more detail.
Photograph everything
The vehicles, company names, USDOT numbers, the scene, skid marks and your injuries.
Skip the recorded statement
Do not give a recorded statement to the trucking company's insurer before you talk with a lawyer.
Start your no-fault claim
Notify your auto insurer in writing and keep every bill. The notice deadline is generally one year.
Call a lawyer early
We send preservation letters so driver logs, black box data and video are not overwritten or thrown away.
Brain Injuries: common questions
What are signs of a brain injury after a crash?
Headaches, dizziness, confusion, memory problems, trouble concentrating, sensitivity to light or noise, mood changes and sleep problems. Symptoms can appear days after the crash, so follow up with a doctor if anything changes.
Can a concussion be part of a brain injury claim?
Yes. A concussion is a brain injury. Even a so-called mild brain injury can affect work, school and relationships, and should be fully evaluated and documented.
Will Michigan no-fault pay for brain injury treatment?
No-fault personal protection insurance benefits can cover reasonable medical care, rehabilitation and attendant care, subject to the coverage level selected on the policy. Your coverage level matters, so review your policy with an attorney.
How do you prove a brain injury that does not show on a scan?
Many brain injuries do not appear on standard imaging. Neurological and neuropsychological testing, treating doctor records and observations from family and coworkers can all help show the injury and its effects.
How long does a brain injury case take?
It often makes sense to wait until doctors have a clear picture of your long-term condition before settling, so the claim reflects future needs. We move the case forward while protecting that full value.
