A serious injury turns your life over in an afternoon. The medical bills start right away, the paycheck may stop, and the insurance companies you have to deal with are working for themselves, not for you. Michigan adds another layer: a no-fault auto insurance system that is among the most complicated in the country, with benefits, deadlines and lawsuit thresholds most people only learn about after the crash.
I am Mitchell Bisson, a Grand Rapids personal injury lawyer, and I represent injured people in Grand Rapids, Kent County and across West Michigan. I have been litigating for 15 years, and I am licensed in Michigan and Nevada. When you hire the Law Offices of Mitchell S. Bisson, you deal with me, not a call center and not a rotating cast of case managers. Big-Firm Power. Street-Level Grit.
A good injury case is built in the first days. Treatment gets documented, evidence gets preserved, benefit claims get filed on time, and what you say to an adjuster gets controlled. The sooner you call, the more I can protect.
Personal injury claims I handle in Grand Rapids and across Michigan
- Car accidents, including no-fault benefit claims, claims against at-fault drivers, and disputes with your own insurer
- Truck, bus and commercial vehicle accidents, with attention to federal motor carrier safety regulations and the carrier’s records
- Motorcycle accidents
- Pedestrian and bicycle accidents, including benefits through every available policy and claims against the at-fault driver
- Slip, trip and fall accidents, including snow and ice cases against property owners and businesses
- Wrongful death claims for families who lost someone to another person’s negligence
- Medical malpractice, which carries special pre-suit notice and affidavit-of-merit requirements
- Dog bites and animal attacks
- Uninsured and underinsured motorist claims against your own policy
- Denied or reduced no-fault benefits, including medical bills, wage loss and attendant care
How Michigan no-fault works
If you are hurt in a car accident in Michigan, your own auto insurance generally pays your economic losses no matter who caused the crash. Those payments are called personal injury protection benefits, or PIP. They are separate from any claim against the at-fault driver, and understanding that split is the starting point for every Michigan auto injury case.
What PIP benefits cover
PIP medical benefits pay for reasonably necessary treatment, care, recovery and rehabilitation related to the accident, up to the coverage level selected on the policy. Wage loss benefits cover income you would have earned during the first three years after the crash. The benefit is generally reduced by 15 percent because it is not taxable, unless you give the insurer reasonable proof of a smaller reduction. A monthly maximum applies and is adjusted each year. Replacement services cover ordinary household work you cannot do because of the injury, such as housekeeping and yard work, for up to three years, at a daily rate set by statute.
Attendant care pays for help at home or in a facility when you cannot manage daily living on your own. Rules apply to the hours and rates that can be claimed, including limits when family members provide the care. In a fatal accident, PIP also includes survivor’s loss benefits and funeral expenses.
What changed in the 2019 no-fault reform
Michigan overhauled its no-fault law in 2019, and the changes reach many injury cases. Some took effect on June 11, 2019, and others were phased in later. For policies issued or renewed after July 1, 2020, drivers can choose among several levels of PIP medical coverage, including unlimited coverage and capped levels, and some people can opt out based on other coverage such as Medicare. A lower choice means a lower premium and less protection after a serious crash, so the selection on your policy matters from day one of your claim.
Provider charges are now subject to a fee schedule that limits what insurers must pay for covered treatment, which creates billing disputes. The hours of family-provided attendant care that are compensable are limited. The one-year-back rule still generally limits benefit recovery to expenses incurred within one year before suit is filed, but the law now pauses the limitations period from the date of a specific claim for payment until the insurer formally denies it. Recent court decisions limit how that pause applies to older injuries. The amount recoverable from an at-fault driver for vehicle damage through the mini-tort claim was also increased.
Courts are still interpreting the reform, including whether certain provisions reach people hurt before the effective date. The rules depend on the crash date and the policy in force, so an early review of both is essential.
Suing the at-fault driver: the serious impairment threshold
No-fault covers economic losses. It does not pay for pain and suffering. To recover non-economic damages from the at-fault driver, you must show death, permanent serious disfigurement, or a serious impairment of body function. The statute defines serious impairment as an objectively manifested impairment of an important body function that affects your general ability to lead your normal life.
Proving it is usually the main fight. Medical records, imaging, physician testimony and evidence of how your daily life has changed all matter. A case that ties objective findings to real limits on your work, your family and your activities is far more persuasive than a general claim of pain. You may also sue the at-fault driver for economic losses that exceed the PIP benefits available. If you were driving without insurance, the rules change. Separately, the mini-tort claim lets you recover vehicle damage that your own insurance does not cover, from the driver who caused the crash, up to $3,000 for crashes after July 1, 2020 and up to $1,000 for earlier crashes. It is separate from your no-fault benefits and from your collision coverage.
Slip, trip and fall cases after Kandil-Elsayed
Property owners and businesses owe duties to people on their property, and the duty depends on why the visitor was there. In 2023 the Michigan Supreme Court changed the open and obvious doctrine in Kandil-Elsayed v F & E Oil, Inc. A hazard being open and obvious no longer wipes out the owner’s duty. A jury now weighs it when deciding whether the owner breached that duty and how much fault belongs to the injured person.
That change made many cases viable that would have been dismissed early. Strong premises cases are built on fast evidence: photographs of the hazard, weather records, incident reports, maintenance logs, surveillance video and witness names. Video is often overwritten within days, so a preservation demand cannot wait.
Deadlines that can end a claim: the Michigan personal injury statute of limitations
- Lawsuits for injury and wrongful death are generally subject to a three-year limit measured from the date of injury or death.
- Notice of injury to your no-fault insurer is generally due within one year of the accident. Report early and in writing.
- A no-fault benefits suit generally reaches only expenses incurred within one year before filing, subject to the tolling rule above.
- Claims against government entities carry strict and short notice requirements. If you were hurt by a road defect, written notice to the road agency is due within 120 days (180 days for some minors and incapacitated people), and missing it can end the claim. Claims against the State of Michigan or a state agency can require notice within six months.
- Medical malpractice claims are generally 2 years from the act, or 6 months from when you discover the claim if that is later, with an outer limit of 6 years in most cases. A written notice of intent and an affidavit of merit are required, and the notice can change the dates.
These deadlines are strict, and missing one can permanently bar your claim. Do not assume you have time. My post on the Michigan injury lawsuit deadline explains how the three-year period is counted.
What an injury claim may be worth
There is no formula for the value of an injury case, and anyone who promises a result is selling something. Value depends on the severity and permanency of the injury, the cost of treatment, lost income and earning capacity, the effect on daily life, the insurance available and the strength of the liability evidence.
Economic damages include medical bills, lost wages, loss of earning capacity, replacement services and attendant care. Non-economic damages include pain, suffering, emotional distress, loss of enjoyment of life, scarring and loss of consortium. In a wrongful death case, damages include funeral and medical costs, the decedent’s conscious pain and suffering, and loss of society and companionship.
Insurers use gaps in treatment, inconsistent statements and social media posts to cut what they offer. Do not hand them the material.
What to do after an injury
- See a doctor promptly, even if the injuries seem minor, and follow the treatment plan. The records become your proof.
- Call police after a crash, and report incidents on someone’s property to the owner or manager in writing.
- Photograph the scene, the vehicles and the hazard, collect witness contact information, and keep your clothing and shoes.
- Notify your own insurer in writing so your no-fault benefits are preserved.
- Do not give a recorded statement to the other side’s insurer.
- Keep bills, mileage records, missed-work records, a pain journal and photographs of injuries as they heal.
- Stay off social media. Adjusters read it.
- Call a lawyer early. Early guidance protects benefits, evidence and options.
How I build an injury case
I start with the evidence that disappears: the police report, scene and vehicle photographs, surveillance video, event data and witness accounts. In serious cases I bring in retained consultants, such as a reconstruction consultant or a vocational and economic analyst, so the claim is supported by more than your word against the carrier’s. Treatment is tracked from the first visit, benefit denials are challenged, and nothing goes to the insurer until I know what the claim is worth. If an offer is unreasonable, the answer is a lawsuit, and I prepare every file as if it will be tried.
Related Michigan practice areas
Injury cases often overlap with other problems. If the crash led to criminal charges, see my Grand Rapids criminal defense lawyer page, including my page on Michigan OWI charges if a drunk or drugged driver was involved. If police force or a jail was involved, see my Michigan civil rights attorney page. Disputes that grow out of an incident are covered on my Grand Rapids civil litigation attorney and Grand Rapids business litigation attorney pages, and post-verdict work is on my Michigan appeals lawyer page. If property or title is part of the dispute, see my Grand Rapids real estate attorney page. Short answers to common questions are on my Michigan legal FAQs page.
Talk to me before the insurer talks to you
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512. Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com. Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Your Rights, My Fight!
Frequently asked questions
Do I need a Grand Rapids personal injury lawyer after a car accident?
Not always, but Michigan auto cases have more moving parts than most. You may have a no-fault claim with your own insurer, a separate claim against the at-fault driver, a one-year notice deadline and a one-year-back limit on benefits. If the injury is serious, a lawyer can challenge benefit denials and tell you whether you can meet the serious impairment threshold for a suit against the other driver. If the injury is minor and your insurer is paying on time, you may not need one.
Who pays my medical bills after a car accident in Grand Rapids?
In most cases your own auto insurer pays under your PIP medical coverage, regardless of who caused the crash, up to the coverage level selected on the policy. If you have no policy of your own, benefits may come from a resident relative’s policy. Separate rules can change who pays if you were in a vehicle operated in the business of transporting passengers, in a vehicle owned or registered by your employer, or on a motorcycle. If none of those rules applies and no policy covers you, you claim through the assigned claims plan. Your health insurance may also be involved, depending on the choices made on your policy. The amount available turns on the accident date and the policy, so get the policy reviewed right away.
What PIP medical coverage levels can a Michigan driver choose?
For policies issued or renewed after July 1, 2020, drivers can choose between unlimited lifetime medical coverage and several capped levels, and some people covered by Medicare can opt out of PIP medical coverage entirely. The choice is made on the policy and it controls how much medical coverage exists after a crash. In a serious case, finding out which option was in place on the day of the accident is one of the first things I do.
How much is my pain and suffering case worth in Michigan?
The first question in Michigan is whether your injury meets the serious impairment threshold, because without it you cannot recover pain and suffering from the at-fault driver. If it does, value turns on objective medical findings, how long the impairment lasts, how your work and daily life have changed, the insurance available and how clear fault is, and your own percentage of fault reduces the number. I do not name a figure before I have reviewed your records.
How are legal fees handled in an injury case?
I explain my fee arrangement at the consultation, before you decide whether to hire me.
What should I do immediately after an accident?
Get medical attention and tell the provider exactly how each injury happened. Notify your own auto insurer in writing, because your no-fault benefits come from that policy and notice is generally due within one year. Photograph the scene and your injuries and collect names and contact information for witnesses and drivers. If a road defect was involved, written notice to the road agency is generally due within 120 days. Do not give a recorded statement to the other side’s insurer until you have spoken with a lawyer, and do not post about the accident online.
Michigan’s open and obvious defense changed. What does that mean for my slip and fall case?
In July 2023 the Michigan Supreme Court, in Kandil-Elsayed v F & E Oil, Inc and the companion case Pinsky v Kroger Co of Michigan, overruled its earlier approach from Lugo v Ameritech Corp. Before that, a hazard that was open and obvious usually meant the owner had no duty, and many cases died before a jury saw them. Now the open and obvious nature of the hazard is considered when deciding whether the owner breached its duty and whether you share fault. What the owner did or failed to do, such as salting, lighting, warnings and inspection, matters more than it used to.
What is the difference between economic and non-economic damages?
Economic damages are measurable financial losses: medical bills, lost wages, replacement services and care costs. Non-economic damages compensate for pain, suffering, emotional distress, scarring and lost enjoyment of life. In a Michigan auto case your own no-fault policy covers economic losses within its limits, but you can recover non-economic damages from the at-fault driver only if your injury meets the serious impairment threshold. Non-economic damages are often the largest part of a serious claim, which is why the threshold is such a fight.
How does Michigan comparative negligence affect my settlement?
Your recovery is reduced by your percentage of fault. If you are found more than 50 percent at fault, you are barred from recovering non-economic damages, though you may still recover reduced economic damages in some situations. Insurers know this rule and work to push fault onto the injured person. Photographs, video, witness statements and reconstruction analysis often decide the fault percentage, and the fault percentage decides the value.
What is uninsured and underinsured motorist coverage, and should I have it?
Uninsured motorist coverage protects you when the at-fault driver has no insurance or flees. Underinsured motorist coverage protects you when that driver’s liability limits are too low to cover your damages. You buy both on your own policy, and they can let you collect from your own insurer, up to your policy limits and subject to the policy terms, what you could have collected from the at-fault driver. Policy terms, notice requirements and exclusions need careful review, because your own carrier is now evaluating the claim.
What is Michigan’s social host liability law?
Michigan has no separate social host statute. A private host generally is not liable for injuries an adult guest later causes, and claims involving alcohol given to a minor depend on the facts, so call me to review what happened. Michigan’s dram shop law, MCL 436.1801, gives a right of action against a licensed business that unlawfully sells or furnishes alcohol to a minor or a visibly intoxicated person when that was a proximate cause of the injury, and it is the exclusive remedy for money damages against a licensee. Suit generally must be filed within two years of the injury or death, and written notice must go to each defendant within 120 days after you hire a lawyer for the claim. Proof of who served what and when is the heart of these claims.
How does the discovery rule affect deadlines in an injury case?
Not in the general sense. The general injury deadline is three years, and in most injury cases the clock starts when the wrongful act happened, not when the harm showed up. A few statutes add their own rules. In medical malpractice, the usual period is two years from the negligent act, but a plaintiff may have six months from when the claim was or should have been discovered. Michigan also sets a six-year outside limit in malpractice cases, with limited exceptions. These rules are technical and unforgiving, so have your deadlines reviewed promptly.
What damages can be recovered in a wrongful death case involving a child?
Michigan’s Wrongful Death Act, MCL 600.2922, allows the personal representative of the estate to seek damages on behalf of eligible family members. They include medical, funeral and burial expenses, the child’s conscious pain and suffering before death, and loss of society and companionship. The claim has deadlines and procedural requirements, including appointment of a personal representative. I handle these cases with the care they demand.
I was hurt on a public sidewalk in winter. Can I sue the city?
It is difficult but sometimes possible. Governmental immunity protects cities from most claims, but a statutory exception allows claims for failure to keep a sidewalk next to a public highway in reasonable repair. Written notice of the injury and the defect must generally reach the government within 120 days. For a sidewalk, the city is liable only if it knew or should have known of the defect at least 30 days before your injury. The city is also presumed to have kept the sidewalk in reasonable repair, and you can overcome that only by showing that a vertical height difference of 2 inches or more, or another dangerous condition in the sidewalk itself, was a proximate cause of your injury. Claims based on naturally accumulated snow and ice face added obstacles, and a claim is stronger where a defect, an unnatural condition or the city’s own conduct created the hazard. Because the notice period is short, call quickly.
What can I do if my insurer denies or cuts off my no-fault benefits?
A denial is often the start of the fight, not the end. You may be able to submit more medical documentation, challenge an independent medical examination, or file suit to recover benefits. Recovery is generally limited to expenses incurred within one year before filing, subject to tolling rules, so waiting can cost you money. Keep every denial letter and the claim file, and get legal advice before an insurer’s deadline passes.
Can I recover if I was hurt by a dog in Michigan?
Often, yes. Michigan has a dog bite statute that makes the owner liable for bites that happen when the victim is on public property or lawfully on private property, without requiring proof that the dog had bitten before. Provocation and trespass are the usual defenses. Seek medical care promptly, report the bite to animal control, photograph the injuries, and identify the owner and any homeowners’ insurance. Bites to children can leave lasting scarring that supports substantial damages.
Do I have to give a recorded statement to the other driver’s insurer?
Generally not. You must cooperate with your own insurer under your policy, but you have no obligation to give a recorded statement to the at-fault driver’s insurer, and it is usually unwise to do so before speaking with a lawyer. Adjusters are trained to ask questions that minimize fault and injury. Give your basic information and send everything else to your attorney.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.