Q: Does pip have anything to do with pain and suffering
if your in a car accident and the accident caused your pastemaker to move and caused you to have breathing problems and to be on oxygen and then to have surgery doesn't that qualify for pain and suffering
if a person who passes away before a deposition can't a family member who was also in that accident with them who is also witness testify for them
A: A Michigan attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, pain and suffering is generally an element of a bodily injury claim. It would depend on demonstrating the fault of the other party. In terms of the connection of the accident to the pacemaker to the breathing problems to the oxygen, that's something that could be argued. It isn't something that's easy to give a quick and direct clear-cut answer to. It would involve medical experts if it went to trial. That last element you ask about requires additional information to determine if it would qualify as a hearsay exception as a dying declaration under Michigan Rules of Evidence (or exceptions to Fed Rules). Reach out to Michigan attorneys. Most law firms that handle such cases offer free initial consults. Good luck
Timothy Denison agrees with this answer
A: No. Although pip can potentially be reserved and taken as pain and suffering, it is generally reserved for lost wages and medical bills. If a party dies before a depo, other witnesses may testify but they may not testify in the decedents place.
Tim Akpinar agrees with this answer
A:
In Michigan, PIP is not the same as pain and suffering. PIP refers to "personal injury protection" benefits. PIP benefits include the payment of hospital bills, doctors' bills, 85% of lost wages, household replacement services, attendant (nursing) care and other benefits.
Under Michigan law, if you have auto insurance your own car insurance pays all PIP benefits up to the coverage limit you purchased. The minimum amount of PIP coverage is $250,000, unless you qualified for a lower limit. The other driver does not pay PIP benefits.
If you don't have car insurance, then you can turn to a family member or the Michigan Assigned Claims Plan (MACP). It is best to talk to a lawyer if you don't have car insurance because there are very specific rules about which auto insurance carrier pays PIP benefits, and the amount they pay.
Pain and suffering usually refers to a negligence case against the driver or owner of the at-fault vehicle. This case is for non-economic damages. To obtain pain and suffering compensation in Michigan, you prove the other person was at-least 50% at-fault for causing the crash. You also have to have a threshold injury.
An attorney experienced in Michigan car accident law can walk you through what a threshold injury is what is means.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
