The Michigan Court of Appeals has held that, in a lawsuit for injuries filed by a Michigan car accident victim, the trial court erred b refusing to consider a Ph.D psychologist’s opinion and other evidence regarding whether the car accident victim suffered a closed-head injury in the Michigan automobile accident.
The car accident victim, proceeding through her Michigan auto accident lawyer, claimed that the defendant negligently rear-ended her automobile and as a result of the accident, she suffered injuries that included “cervical disk abnormalities, right cervical raiculitis, thoracic and lumbar pain, closed head injury, depression, anxiety and impaired memory function,” resulting in serious impairment of important bodily functions.
To prove her closed-head injuries, the car accident victim submitted a psychologist’s affidavit to the trial court, that he diagnosed the accident victim as suffering posttraumatic brain syndrome, secondary to a closed-head injury. He also opined that her emotional status reflected severe depression, and concluded she presented with a closed-head injury significantly impacting her general level of intellectual functioning.
The trial court stated that the affidavit was not sufficient to support the car accident victim’s allegations of having suffered a closed-head injury because the proof was by a psychologist, rather than an allopathic or medical doctor. The Michigan Court of Appeals disagreed with the trial court.
“Contrary to the determination of the trial court and argument of defense counsel, the statutory provision enumerated in MCL 500.3135(2)(a)(ii) does not provide the exclusive manner or means for a plaintiff to establish a closed-head injury and the existence of a factual dispute.” The court added that, “[t]he record reveals that the trial court failed to properly consider the issue whether plaintiff presented the requisite proof of a closed-head injury, separate and distinct of the automatic exception in MCL 500.3135(2)(a)(ii).”
Click here to read the full opinion.
If you have suffered serious injuries as a result of a Michigan car accident, such as closed-brain injuries, it is imperative that you speak to a specialized Michigan auto accident lawyer immediately to protect your legal interests and rights. Click on the link to set up a free case evaluation with a successful Michigan car accident lawyer.
