Quick answer
A traumatic brain injury from a Michigan crash can support both no-fault benefits for medical and attendant care (based on the policy's coverage level) and a claim against the at-fault parties for pain and suffering and lost earning capacity. Serious TBIs often meet Michigan's serious impairment threshold, but the claim must be proven with medical and expert evidence.
- Long-term costs
- Care, therapy, lost earnings
- Threshold
- Serious impairment of body function
- Deadline to sue
- Generally 3 years
About traumatic brain injury cases
Moderate and severe traumatic brain injuries can cause permanent problems with memory, speech, balance, emotions and independence. Many survivors need years of therapy, and some need care around the clock.
Inosencio & Fisk helps TBI survivors and their families plan for that future: projecting lifetime care needs with qualified experts, handling guardianship or conservatorship questions and pursuing every responsible party.
What a TBI claim should account for
- Lifetime medical and rehabilitation care
- Attendant and in-home care
- Home and vehicle modifications
- Lost wages and lost earning capacity
- Loss of enjoyment of life
- Care and support provided by family members
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.
- Neurosurgery, neurology and rehabilitation records
- Neuropsychological testing over time
- A life care plan from a qualified expert
- An economist's report on lost earning capacity
- Day-in-the-life video and family statements
- Crash reconstruction
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.
Traumatic Brain Injury (TBI): common questions
What is the difference between a mild and a severe TBI?
Doctors classify traumatic brain injuries by factors such as loss of consciousness, memory loss and imaging findings. Even a mild TBI can cause lasting symptoms, while severe TBIs often require long-term care.
What long-term costs can a TBI claim include?
Future medical care, therapy, attendant or in-home care, home modifications, lost earning capacity and the effect on quality of life. Experts are often needed to project these costs.
Does a TBI meet Michigan's threshold for a pain and suffering claim?
To recover non-economic damages in Michigan, an injured person must show a serious impairment of body function, permanent serious disfigurement or death. A TBI that affects a person's ability to lead their normal life can meet that standard. Michigan law has also historically given closed head injuries specific consideration.
Can family members help with a TBI case?
Yes. Family members often notice personality, memory and behavior changes that the injured person does not. Their observations can be important evidence.
What if the person with the TBI cannot manage their own case?
A family member may need to be appointed as guardian or conservator, or may act under an existing power of attorney. We can help families through that process.
