M Civ JI 36.01A No-Fault Auto Negligence: Serious Impairment of Body Function - Definition (To Be Used in Cases in Which 2019 PA 22 Applies)

One of the elements plaintiff must prove in order to recover noneconomic loss damages in this case is that [ he / she ] sustained a serious impairment of body function.

Serious impairment of body function means an objectively manifested impairment of an important body function that affects the plaintiff’s general ability to lead [ his / her ] normal life. An impairment does not have to be permanent in order to be a serious impairment of body function.

An objectively manifested impairment is one that is observable or perceivable from actual symptoms or conditions by someone other than the injured person.

An important body function is a body function of great value, significance, or consequence to the injured person.

An impairment affects a person’s general ability to lead his or her normal life where it has had an influence on some of the person’s capacity to live in his or her normal manner of living. Although how long an impairment lasts may be relevant, there is no set amount of time for how long an impairment must last. This examination is inherently fact and circumstance specific to each injured person, must be conducted on a case-by-case basis, and requires comparison of the injured person’s life before and after the incident.

Note on Use

2019 PA 22 in essence codified the holding of McCormick v Carrier, 487 Mich 180 (2010). See MCL 500.3135(5).

History

M Civ JI 36.01A renumbered to M Civ JI 36.01B October 2022. New M Civ JI 36.01A added October 2022.