Why we do not publish ranges
Online “settlement calculators” and average figures ignore the things that actually move a Michigan auto case. A broken wrist that heals in eight weeks and a broken wrist that ends a carpenter’s career are different cases. This page explains the factors so you can see where your own claim stands.
Factor 1: whether the threshold is met
Pain and suffering is available only if the crash caused death, permanent serious disfigurement or a serious impairment of body function (MCL 500.3135(1)). If the defense has a strong argument that the threshold is not met, every offer will reflect the risk that a judge dismisses the non-economic claim entirely.
Factor 2: what the injury did to your life
Non-economic damages compensate for pain, suffering, emotional distress, and loss of the ability to enjoy life. Juries respond to specifics:
- The nature of the injury and the treatment it required: surgery, injections, hardware, hospital stays
- How long recovery took, and whether it is permanent
- What you could do before and cannot do now: work, parenting, sports, sleep, intimacy, hobbies
- Your age, because a permanent limitation lasts longer for a younger person
- Scarring and disfigurement
- How consistently the medical records document all of this
Factor 3: economic losses PIP does not cover
Losses PIP pays are not recovered twice. The at-fault driver owes what PIP does not: medical expenses above your PIP limit, income above the monthly cap, and income after the three-year PIP period ends. For a serious injury with a lower PIP coverage level, future medical care can be the largest part of the claim. See excess medical and wage claims.
Factor 4: fault
Your damages are reduced by your percentage of fault, and non-economic damages are barred if you are more than 50% at fault. A disputed liability case is valued with that risk built in. See comparative fault.
Factor 5: pre-existing conditions
An aggravation of an earlier condition is compensable, but the defense will try to attribute your symptoms to it. Records showing how well you were functioning before the crash, and a treating doctor who explains the change, protect value.
Factor 6: available insurance
The defendant’s bodily injury limit, often $250,000 per person but sometimes as low as $50,000, sets the practical ceiling in many cases. Owner, employer, commercial and umbrella policies raise it, and so does your own underinsured motorist coverage. See how much insurance the other driver has.
Factor 7: credibility and evidence
- Gaps in treatment, missed appointments and delays before first treatment
- Social media posts and insurer surveillance (see social media and your claim)
- Statements to adjusters and in depositions that conflict with the records
- Whether your doctors will testify clearly about causation and limitations
Factor 8: what you keep
Gross value is not net value. Liens from Medicare, Medicaid and some health plans, attorney fees and case costs come out of a settlement. See taxes and liens and fees and costs.
Settling early usually means settling cheap. Once you sign a release, the claim is over, even if you later need surgery. Most cases cannot be valued until your treatment has stabilized, and the lawsuit must still be filed within three years of the crash (MCL 600.5805(2)).
Sources: MCL 500.3135(1), (2)(b), (3)(c); MCL 600.2959; MCL 500.3009; MCL 600.5805(2).
Questions people ask us
Is there an average settlement for a Michigan car accident?
Averages are not useful for an individual case. Two people with the same diagnosis can have very different claims depending on how the injury changed their lives, what they lost in income, how fault is divided, and how much insurance is available.
Why won’t a lawyer tell me what my case is worth at the first meeting?
Because the facts that drive value are usually not known yet: how you recover, whether you need surgery, whether you can return to work, and what coverage exists. A number given before those are known is a guess.
Does the other driver’s insurance limit cap my case?
It does not cap what a jury can award, but it often limits what can be collected. Other policies, the defendant’s assets and your own underinsured motorist coverage can add to it.
Do my PIP benefits count in the value of my case?
Benefits PIP paid or must pay are not recoverable again from the at-fault driver. The claim is for non-economic damages and for economic losses above what PIP covers.