Traumatic brain injuries (TBIs) can have devastating, long-lasting effects that alter nearly every aspect of a person’s life. In the aftermath of a car accident, victims may struggle with cognitive impairments, memory loss, emotional instability, and physical limitations—all of which demand long-term medical care and support. Michigan’s no-fault insurance system offers essential benefits, but filing a TBI claim requires a clear understanding of what the law provides and the steps necessary to secure compensation.
If you or a loved one has suffered a brain injury after a motor vehicle collision, it’s important to contact a personal injury lawyer in Michigan as soon as possible. These claims are complex, especially when symptoms develop gradually or go undiagnosed in the initial aftermath of the crash. A knowledgeable attorney can guide victims through the state’s legal and medical requirements, ensuring no critical details are overlooked.
Understanding How No-Fault Insurance Applies to Brain Injury Claims
Michigan’s no-fault insurance law requires accident victims to turn to their insurance policy for compensation, regardless of who caused the crash. Personal Injury Protection (PIP) benefits cover necessary medical treatment, rehabilitation, lost wages, and replacement services like household help.
In traumatic brain injury cases, medical costs can quickly exceed standard policy limits. Extended hospital stays, neurological assessments, outpatient therapies, and assistive devices may not be fully covered, particularly under limited PIP plans introduced in the 2019 insurance reform. Legal professionals help determine whether additional claims against at-fault drivers or third parties are warranted.
Recognizing the Signs of Traumatic Brain Injury Early
Unlike broken bones or visible wounds, TBIs are often internal and may not present obvious symptoms immediately. Headaches, confusion, dizziness, and difficulty concentrating might be dismissed as stress or fatigue. However, early diagnosis is critical for medical recovery and legal documentation.
Attorneys often recommend seeking neurological evaluations shortly after a car accident if a head injury is suspected. Detailed medical records from the earliest stages of treatment help establish a causal link between the crash and the brain injury—something insurers frequently challenge if symptoms appear delayed.
Building a Comprehensive Medical Record for Legal Use
Proving the severity and long-term consequences of a traumatic brain injury requires thorough, ongoing documentation. Insurance adjusters and opposing counsel scrutinize every detail to minimize payouts, which makes consistency in care essential.
Legal teams often work closely with neurologists, neuropsychologists, and rehabilitation specialists to create a clear picture of how the injury has affected daily functioning. This includes tracking cognitive performance, emotional stability, speech ability, and coordination over time. These records become foundational evidence in PIP claims and any third-party lawsuits filed later.
Meeting Michigan’s Serious Impairment Threshold for Litigation
Under the state’s no-fault system, lawsuits against at-fault drivers are only allowed if the victim’s injuries meet specific legal criteria. One such standard is a “serious impairment of body function,” which traumatic brain injuries often satisfy, mainly when they affect memory, executive functioning, or sensory perception.
To file a third-party claim, a lawyer must prove that the injury has altered the victim’s ability to lead an everyday life. Employers’, family members’, and healthcare professionals’ testimonies often support this argument. Objective tests, such as MRIs and neurocognitive evaluations, are also used to demonstrate long-term impacts.
Navigating Coverage Limits and Policy Complications
Following recent changes to Michigan’s insurance laws, drivers can choose from several tiers of PIP coverage. Some opt for lower-cost policies with limited medical benefits or even waive coverage entirely under certain conditions. Unfortunately, these options often leave brain injury victims with insufficient resources to pay for long-term care.
Attorneys assess the victim’s coverage level and explore other potential sources of compensation. This might include excess liability claims, uninsured motorist coverage, or health insurance coordination. In certain situations, a legal guardian or conservator may need to be appointed to manage complex financial decisions on the injured person’s behalf.
Handling Delays, Denials, and Disputes With Insurers
Insurance providers may attempt to limit benefits by questioning whether the brain injury is accident-related or medically necessary. They may require Independent Medical Examinations (IMEs) with doctors hired by the insurer, whose opinions often contradict the treating physician’s findings.
Legal representation becomes especially important during these disputes. Lawyers help clients prepare for IMEs, challenge biased reports, and present compelling evidence to counter benefit denials. Sometimes, filing a lawsuit against the insurer for bad faith practices becomes necessary to recover owed compensation.
Calculating Long-Term Economic and Non-Economic Damages
The consequences of a TBI extend far beyond initial hospital bills. Many victims lose the ability to work, struggle with relationships, or require permanent care. While no-fault benefits cover specific economic losses, they do not include pain, suffering, or emotional distress unless a third-party suit is filed.
Attorneys use life care plans, vocational evaluations, and expert testimony to estimate future costs accurately. Non-economic damages such as diminished quality of life and psychological trauma are also calculated and presented during negotiations or trial proceedings, ensuring a complete picture of the injury’s toll is conveyed.
Time-Sensitive Filing Requirements and Legal Deadlines
Under Michigan law, no-fault claims must be submitted within one year of the accident, and lawsuits against negligent drivers must be filed within three years. Missing these deadlines can result in the forfeiture of all legal rights to compensation.
Legal teams ensure timely compliance with these statutes and manage all procedural requirements. They advise clients on handling communications with insurers, what documents to keep, and how to effectively track ongoing symptoms and treatment.