How Serious is Serious Impairment?

The Court of Appeals closely analyzed the requirements of what constitutes a serious impairment of a body function under MCL 500.3135(1). A serious impairment of a body function means an objectively manifested impairment of an important body function that affects the person’s ability to lead his or her normal life. In order to meet the requirements of what constitutes an adverse effect on one’s ability to lead his or her normal life, it is not necessary that one’s life be destroyed as a result. As such, if one’s life is simply affected due to the impairment it constitutes a threshold injury. Further, the impairment claimed does not need to be permanent. Therefore, the Court concluded that although in this case the child’s impairment was temporary, he was nevertheless affected for a period of time and was unable to lead his normal life.

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