Can I recover damages for pain and suffering resulting from my car accident?

To obtain damages for the pain and suffering you sustain in an auto accident, you must meet four requirements:

  1. You must establish that another driver was at least 50 percent at-fault for causing the crash.
  2. You must demonstrate you were injured in the accident, which you can do with medical records and other documentation. 
  3. You must prove your injuries resulted from the accident and not another cause.
  4. You must prove that you (or a loved one) “suffered death, serious impairment of body function, or permanent serious disfigurement.” 

This last element is considered a “threshold injury,” and without it, you cannot recover damages for pain and suffering.

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Case Examples

Automobile Accident – Driver’s Failed to Yield, Leaving the Plaintiff with a Fractured Spine and a Passenger with Broken Ribs
Sommers Schwartz attorney Michael Cunningham filed a personal injury lawsuit for a Washtenaw County man and a passenger in his vehicle after a driver making ...
A Trusted Authority

Our attorneys have been featured on local and national media outlets, including:

Sommers Schwartz has appeared in CNN, Today Show, ClickOnDetroit, NBC News, and ABC