Hundreds of Michigan car accident victims who were told they do not have pain and suffering cases, now have a second chance. The Michigan Supreme Court has thrown out the 2004 decision called Kreiner v. Fischer ( http://www.michiganautolaw.com/auto-lawyers-blog/2009/05/12/what-is-kreiner-v... ) - which set a very difficult standard for accident victims to bring personal injury lawsuits -- and opened the door for more car accident lawsuits by people who seek compensation after being injured. This is happening because the court overruled Kreiner with a case called McCormick v. Carrier
( http://www.michiganautolaw.com/caraccidents/auto-law/index.php )
( http://www.michiganautolaw.com/auto-lawyers-blog/2010/08/02/michigan-supreme-... ).
In this video, Michigan attorney Steve Gursten, head of Michigan Auto Law, the leading and largest auto negligence law firm in the state, explains the effects McCormick v. Carrier will have on auto accident victims and personal injury attorneys.
Steve Gursten says the court said it was too strict in 2004 ago when it interpreted Michigan law on the issue of "serious impairment of body function ( http://www.michiganautolaw.com/michiganlawyers/seriousimpairment.php )." Now the Michigan Supreme Court says a person can qualify for pain and suffering damages if his or her normal life is affected, not destroyed.
The 4-3 Michigan Supreme Court opinion was released on August 1, 2010. The McCormick v. Carrier case lawsuit stems from Genesee County. Rodney McCormick suffered an ankle injury when he was run over by a truck while at work. Lower courts had ruled against him, noting that he still had a job at the same pay and was living a normal life. With the new law, Rodney McCormick has the right to pursue pain and suffering damages stemming from his truck accident ( http://www.michiganautolaw.com/truck-accident/index.php ).
Here's what Steve Gursten says in the video: "Hi my name is Steven Gursten, I'm an auto accident attorney at Michigan Auto Law, and I have some exciting news. On August 1, 2010, the Michigan Supreme Court came down with a new case called McCormick v. Carrier that is really important because it restores important legal rights to hundreds, and potentially thousands of people who've been injured in car accidents, who have been completely innocent, seriously injured, and told by attorneys in Michigan that they did not have a case, because their injuries are not serious enough. And what this new case did, is it returned our law in Michigan to the way the Legislature intended when they enacted our law.
And they (the Michigan Supreme Court) returned our law to a more common sense approach that says hey, if you've suffered a serious injury like a fracture, or a herniated disc, or a surgery; and you've missed weeks from work or months from work, that now will be sufficient. You don't need a completely altered life like you did before under our old law of Kreiner v. Fischer. And that now it's enough to have sufficient lifestyle impact, where again, a serious injury and impact on your normal life, and a return to common sense will be enough.
So for the people who have been seriously injured through no fault of their own and told they don't have a case because they haven't missed six months from work or a year from work, and had major catastrophic injuries, thankfully, that's no longer our law in Michigan. If you have questions, or if you've been injured in a car accident and it wasn't your fault, and you're still suffering pain and having problems with your injuries, feel free to call us. We're happy to discuss your legal rights and explain how your rights have been restored after yesterday's court case of McCormick v. Carrier."
For more information about Michigan's new auto law McCormick v. Carrier, check out our series of McCormick blogs: http://www.michiganautolaw.com/auto-lawyers-blog/?s=McCormick . For help after a car accident, visit Michigan Auto Law's car accident resource center ( http://www.michiganautolaw.com/caraccidents/index.php ). Read here for the history of the Kreiner v. Fischer law: http://www.michiganautolaw.com/auto-lawyers-blog/category/kreiner-v-fischer/ .
You can also call Michigan Auto Law at (800) 777-0028 to speak with a personal injury lawyer, free of charge.
Michigan Auto Law is the leading and largest law firm in Michigan exclusively handling auto accident personal injury cases for more than 50 years. Our personal injury attorneys have helped thousands of people get the all of the No-Fault benefits and compensation they're entitled to following serious crashes, because this is all we do. We can help you, and your loved ones, too. We have 19 attorneys that handle cases throughout the entire state of Michigan, with law offices in Farmington Hills, Detroit, Ann Arbor, Sterling Heights and Grand Rapids to better serve you.
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Personal Injury Settlement - Legal Tips from a Car Accident Attorney to Michigan Driversby MichiganAutoLaw2,460 views
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