Documenting and Pursuing Compensation for Aggravated Pre-Existing Injuries in Michigan

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Michigan attorney for guidance on your specific situation.

1. Understanding Exacerbation of Pre-Existing Injuries

When an auto collision worsens a prior injury, Michigan’s No-Fault Insurance Act still covers treatment and costs. A pre-existing condition may become an aggravation if medical evidence shows the crash materially advanced symptoms or disability.

2. Michigan No-Fault (PIP) Benefits

Under the Michigan Compulsory PIP system, you can recover past and future reasonable medical expenses related to aggravation.
Key statutes:

• MCL 500.3105 – Medical expense benefits.
• MCL 500.3101 – Definitions, including “accident” and “personal injury.”

3. Steps to Document Your Aggravated Injuries

1. Seek immediate medical care. Notify the provider that you have a pre-existing issue aggravated by the crash.
2. Gather pre-accident records. Obtain imaging, treatment notes and billing statements predating the collision.
3. Request a physician’s causation opinion. Ask your doctor to explain in writing how the accident worsened your condition.
4. Keep a detailed symptom diary. Note the date, time, pain level and activities affected.
5. Take photographs. Document bruises, swelling, medical tests and therapy sessions.
6. Collect witness statements. Obtain contact information for anyone who saw the crash or your immediate post-accident condition.

4. Filing Your PIP Claim

Submit bills and documentation to your no-fault carrier within one year of each expense. Michigan law requires timely claim submission to ensure benefit eligibility.

5. Pursuing a Third-Party Tort Claim

If another driver’s negligence caused the aggravation, you may file a tort claim beyond PIP limits. You must satisfy Michigan’s serious impairment threshold at MCL 500.3135. Examples include:

• Permanent loss of body function
• Significant scarring
• Substantial changes in lifestyle or employment

6. Statute of Limitations

Most personal injury actions, including aggravated injury claims, must be filed within three years under MCL 600.5805(2). Missed deadlines can bar recovery.

7. Negotiation and Litigation Strategies

• Present clear causation evidence: medical reports, expert affidavits.
• Quantify damages: medical expenses, wage loss, pain and suffering.
• Be prepared to mediate or litigate if negotiations stall.
• Retain an attorney experienced in Michigan auto injury law.

Helpful Hints

• Always follow your doctor’s treatment plan to avoid gaps in care.
• Keep a centralized folder—digital or paper—for all accident-related documents.
• Notify your insurer in writing immediately after the crash.
• Don’t sign any release or settlement without understanding its impact on future claims.
• Ask for explanations of coverages under your policy—PIP limits, deductibles, and conditions.