Legal Definition: What Is Pain and Suffering?
Pain and suffering refers to non-economic harm, such as physical discomfort and emotional distress, caused by another party’s negligence. Unlike economic damages, this type of compensation isn’t tied to the value of financial expenses, such as medical bills and lost wages. It’s designed to address intangible losses like chronic pain, mental trauma, and decreased enjoyment of life. Damages for pain and suffering may cover:
- Chronic physical pain
- Emotional distress or anxiety
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Reduced ability to perform normal activities
- Mental trauma related to the injury
Because these losses do not have a clear financial value, they are often determined through legal evaluation, negotiation, and evidence, including medical records and personal pain journals.
When Can You Sue for Pain and Suffering in Michigan?
Pain and suffering damages are available in many types of personal injury cases, as long as you can prove that another party’s negligence caused the injury.
| Case Type | When Pain and Suffering May Apply |
|---|---|
| Auto Accident | When the victim meets Michigan’s serious injury threshold for permanent or life-altering injuries |
| Slip and Fall | When the property owner’s negligence caused the injury |
| Medical Malpractice | When a healthcare provider deviated from the accepted standard of care |
| Dog Bite | Michigan’s strict liability law holds the dog owner responsible for all damages, including pain and suffering |
| Wrongful Death | When the victim experienced pain, suffering, and mental anguish before their passing |
| Workplace Injury | Not available through workers’ comp but may apply if you can file a third-party work injury lawsuit |
Auto Accidents and Michigan’s Serious Injury Threshold
Michigan has a no-fault auto insurance system, which means your own personal injury protection insurance generally covers your medical expenses and lost wages after a crash. You can only step outside this system and sue another driver for pain and suffering if you sustain a serious impairment of body function. Under Michigan law, your injuries must:
- Be objectively manifested (i.e., observable and perceptible)
- Affect an important body function
- Impact your ability to lead a normal life
Examples of qualifying injuries include permanent scarring, disfigurement, nerve damage, amputations, head injuries, spinal cord injuries, and permanent mobility limitations. A lawyer can determine if your injuries meet this threshold.
How Do Lawyers Calculate Pain and Suffering Damages?
Non-economic damages like pain and suffering are typically calculated as a derivative based on the value of your monetary damages. Your attorney will consider things like the:
- Severity of the injury
- Total medical expenses
- Length of your recovery
- Permanent disability or scarring
- Impact on daily activities
- Long-term physical or emotional effects
Lawyers often use the value of economic damages, such as medical bills and lost income, as a reference point when starting settlement negotiations. In general, the more serious your injuries, the more compensation you may receive for pain and suffering.
Does Insurance Cover Pain and Suffering?
Yes, in many cases, insurance settlements do include compensation for pain and suffering. For example, in a premises liability case, the property owner’s liability insurance generally covers non-economic damages. If you were hurt in a car accident, the at-fault driver’s liability insurance will only cover pain and suffering if you meet the severe injury threshold.
However, insurance companies frequently dispute these claims or attempt to minimize payouts. Because of this, pain and suffering damages are often pursued through a personal injury lawsuit if negotiations fail. If you received a settlement offer that doesn’t include pain and suffering, consult a personal injury lawyer to ensure that the agreement is fair.
Are There Caps on Pain and Suffering in Michigan?
In most personal injury lawsuits, Michigan does not impose caps on pain and suffering damages. However, certain exceptions exist for the following cases:
- Medical malpractice cases have two different statutory caps on non-economic damages. Actual limits depend on the type of harm sustained.
- If you’re suing a government agency, caps apply to both economic and non-economic damages, including pain and suffering.
Outside these situations, non-economic compensation is typically determined based on the severity of the injury and the evidence presented.
See if You’re Entitled to Pain and Suffering
If you were injured, you may be entitled to compensation for pain and suffering, in addition to damages that cover your out-of-pocket expenses. Determining whether you qualify can be complicated, especially under Michigan’s no-fault auto insurance laws.
The easiest way to see if you have a claim is to consult an experienced personal injury or motor vehicle accident attorney like Jason Barrix at the Barrix Law Firm. Our team has over 30 years of experience helping injury victims in Grand Rapids, Grand Haven, and throughout West Michigan. Contact us today to get started.
