There is a category of injury where the question is no longer whether you’ll recover in a few months. It’s how you’ll live the rest of your life. Traumatic brain injury. Spinal cord damage. Amputation. Severe burns. Multiple fractures that never heal quite right. These are not the cases where you settle quickly and move on. They are the cases where lifetime medical costs, attendant care, lost earning capacity, and the full scope of what was taken from the victim have to be built, documented, and fought for. Scott Reizen has handled catastrophic cases on both sides of the table. The defense side taught him how these cases are valued and undervalued. The plaintiff’s side is where he does the real work.

What Michigan Law Says About Catastrophic Injuries

“Catastrophic injury” is not a separate legal cause of action in Michigan. It describes the severity of harm,the kind of injury that triggers a different level of legal analysis, a different set of experts, and a different scale of potential recovery. The underlying legal theory depends on how the injury happened: auto negligence, premises liability, trucking negligence, medical malpractice.

For auto-related catastrophic injuries, Michigan’s no-fault system has specific mechanics that directly affect victims. Under MCL 500.3107, Personal Injury Protection (PIP) benefits cover reasonable and necessary medical expenses regardless of fault. But since Michigan’s 2019 no-fault reform took effect on July 1, 2020, the amount of PIP coverage depends on what the injured person’s policy elected: $250,000, $500,000, or unlimited.

This matters enormously in catastrophic cases. A victim with unlimited PIP coverage is protected by the Michigan Catastrophic Claims Association (MCCA), which reimburses insurers for catastrophic medical costs above the coverage threshold. A victim with a $250,000 or $500,000 policy can exhaust that coverage within months in a serious TBI or spinal cord case, and then faces a coverage gap for ongoing medical needs.

When PIP coverage is exhausted, MCL 500.3135 allows a tort claim against the at-fault driver for “excess medical”, medical expenses that exceed the PIP limit. That claim is separate from the standard pain-and-suffering threshold tort claim and is a critical avenue for victims in post-reform cases who didn’t elect unlimited coverage.

Importantly, the Michigan Supreme Court held in Andary v. USAA that the fee schedule and attendant care caps imposed by the 2019 reform do not apply retroactively to victims whose accidents occurred before June 11, 2019. Pre-reform victims with unlimited PIP retain those full benefits under the old law.

The general statute of limitations for catastrophic injury claims is three years under MCL 600.5805.

How Catastrophic Injury Cases Work in Michigan

The insurance dynamics in catastrophic cases are more complex than in standard PI claims, and the stakes are proportionally higher.

On the PIP side, insurers have strong financial incentives to deny or reduce catastrophic benefits. They hire Independent Medical Examiners, doctors paid by the insurer, to say the treatment is no longer reasonable or necessary. They dispute whether the injury is causally related to the accident. They send surveillance teams to document any activity that contradicts the claimed disability. These tactics happen even in cases involving quadriplegia and severe brain injury. The insurer’s interest is always in limiting what they pay.

On the third-party tort side, defense teams in catastrophic cases assemble formidable expert lineups: biomechanical engineers, neuropsychologists, vocational rehabilitation experts, life care planners, all working to minimize the value of future damages. They’ll argue the victim has more capacity than claimed. They’ll project a shorter life expectancy. They’ll use the comparative fault analysis under MCL 600.2959 to reduce the recovery wherever possible.

Life care planning and vocational rehabilitation are not optional in a serious catastrophic case, they’re the foundation of the damages presentation. Getting the right experts engaged early is critical.

What The Reizen Law Group Does Differently

Scott came to plaintiff’s work from the defense side of personal injury litigation. In catastrophic cases especially, that background matters. He knows how insurers evaluate lifetime care projections. He knows how defense life care planners approach these cases and where their methodology is vulnerable. He knows the surveillance and IME tactics because he’s seen them deployed.

What that means practically: he builds catastrophic injury cases the way the defense builds them, with full documentation, the right experts, and a long view of the damages, and then advocates for the plaintiff’s side of that ledger. The goal is a recovery that actually accounts for what the victim needs: not a quick settlement that closes out a lifetime of medical costs for pennies on the dollar.

Over two decades of experience in Michigan personal injury law. Thousands of cases resolved. No fee unless we win.

Common Types of Catastrophic Injuries

  • Traumatic brain injury (TBI): from mild concussion to severe diffuse axonal injury; cognitive, behavioral, and physical consequences that can be permanent
  • Spinal cord injury: partial or complete paralysis; paraplegia, quadriplegia; significant attendant care and medical equipment needs
  • Amputation: traumatic loss of limb; prosthetics, rehabilitation, phantom pain, vocational impact
  • Severe burns: skin grafting, long-term wound care, scarring, psychological trauma
  • Multiple fractures and orthopedic injuries: complex fractures requiring multiple surgeries; degenerative joint disease as a long-term consequence
  • Crush injuries: from vehicle rollovers, industrial equipment, or building collapses; may involve multiple organ systems
  • Anoxic brain injury: oxygen deprivation resulting in brain damage; can occur in near-drowning, cardiac events, or surgical complications

Frequently Asked Questions

My accident happened after July 1, 2020, and I only had $250,000 in PIP coverage. That’s already been used up. What are my options?

You may have a tort claim for “excess medical” against the at-fault driver under MCL 500.3135, a claim specifically for medical expenses that exceed your PIP coverage limit. You also have the standard third-party tort claim for pain and suffering and other noneconomic damages if you meet the serious impairment threshold. The interaction between your PIP coverage and the tort claim requires careful analysis. Call Scott to discuss your specific situation.

My accident happened before July 2020 and I had unlimited PIP. How does the no-fault reform affect me?

The Michigan Supreme Court’s decision in Andary v. USAA confirmed that the 2019 reform’s fee schedule and attendant care caps do not apply retroactively to victims whose accidents occurred before June 11, 2019. Your pre-reform unlimited PIP benefits are intact. This is a critically important distinction that affects the value of your case significantly.

What is the MCCA and does it apply to my case?

The Michigan Catastrophic Claims Association reimburses insurers for lifetime medical costs that exceed a set threshold, but only for policyholders who elected unlimited PIP coverage. If you had a limited PIP policy, MCCA coverage does not apply to you. This is one of the hardest consequences of the 2019 reform for catastrophically injured victims who didn’t elect unlimited coverage.

What experts are needed in a catastrophic injury case?

Serious catastrophic cases typically require life care planners, who project the lifetime cost of medical care and support; vocational rehabilitation experts, who assess lost earning capacity; and medical specialists in the relevant area of injury , neurologists, orthopedic surgeons, rehabilitation physicians. In some cases, biomechanical engineers and economists are also part of the team. The defense will have its own experts. Having the right team assembled early is essential.

Is there a cap on damages in a catastrophic injury case?

No cap applies to noneconomic damages in standard personal injury cases in Michigan, including auto accident and premises liability cases involving catastrophic injuries. Only medical malpractice cases carry a statutory cap. There is also no cap on economic damages. In serious catastrophic cases, recoveries can be substantial, particularly in pre-reform unlimited PIP cases.

How long does a catastrophic injury case take?

Serious catastrophic cases typically take longer than standard PI matters, often two to four years or more. The damages need to be fully developed before settlement, the liability investigation is more complex, and insurers fight harder when the stakes are high. Scott will give you an honest assessment of timeline at the outset.

Talk to Scott

If you or a family member suffered a catastrophic injury in Michigan,” in a car accident, a truck crash, on someone’s property, or from any other cause the legal fight ahead is significant. You need someone who understands how the insurance industry approaches these cases from the inside. Call (248) 554-3440 for a free consultation. No fee unless we win.

Catastrophic Injuries

There is a category of injury where the question is no longer whether you’ll recover in a few months. It’s how you’ll live the rest of your life. Traumatic brain injury. Spinal cord damage. Amputation. Severe burns. Multiple fractures that never heal quite right. These are not the cases where you settle quickly and move on. They are the cases where lifetime medical costs, attendant care, lost earning capacity, and the full scope of what was taken from the victim have to be built, documented, and fought for. Scott Reizen has handled catastrophic cases on both sides of the table. The defense side taught him how these cases are valued and undervalued. The plaintiff’s side is where he does the real work.

What Michigan Law Says About Catastrophic Injuries

“Catastrophic injury” is not a separate legal cause of action in Michigan. It describes the severity of harm,the kind of injury that triggers a different level of legal analysis, a different set of experts, and a different scale of potential recovery. The underlying legal theory depends on how the injury happened: auto negligence, premises liability, trucking negligence, medical malpractice.

For auto-related catastrophic injuries, Michigan’s no-fault system has specific mechanics that directly affect victims. Under MCL 500.3107, Personal Injury Protection (PIP) benefits cover reasonable and necessary medical expenses regardless of fault. But since Michigan’s 2019 no-fault reform took effect on July 1, 2020, the amount of PIP coverage depends on what the injured person’s policy elected: $250,000, $500,000, or unlimited.

This matters enormously in catastrophic cases. A victim with unlimited PIP coverage is protected by the Michigan Catastrophic Claims Association (MCCA), which reimburses insurers for catastrophic medical costs above the coverage threshold. A victim with a $250,000 or $500,000 policy can exhaust that coverage within months in a serious TBI or spinal cord case, and then faces a coverage gap for ongoing medical needs.

When PIP coverage is exhausted, MCL 500.3135 allows a tort claim against the at-fault driver for “excess medical”, medical expenses that exceed the PIP limit. That claim is separate from the standard pain-and-suffering threshold tort claim and is a critical avenue for victims in post-reform cases who didn’t elect unlimited coverage.

Importantly, the Michigan Supreme Court held in Andary v. USAA that the fee schedule and attendant care caps imposed by the 2019 reform do not apply retroactively to victims whose accidents occurred before June 11, 2019. Pre-reform victims with unlimited PIP retain those full benefits under the old law.

The general statute of limitations for catastrophic injury claims is three years under MCL 600.5805.

How Catastrophic Injury Cases Work in Michigan

The insurance dynamics in catastrophic cases are more complex than in standard PI claims, and the stakes are proportionally higher.

On the PIP side, insurers have strong financial incentives to deny or reduce catastrophic benefits. They hire Independent Medical Examiners, doctors paid by the insurer, to say the treatment is no longer reasonable or necessary. They dispute whether the injury is causally related to the accident. They send surveillance teams to document any activity that contradicts the claimed disability. These tactics happen even in cases involving quadriplegia and severe brain injury. The insurer’s interest is always in limiting what they pay.

On the third-party tort side, defense teams in catastrophic cases assemble formidable expert lineups: biomechanical engineers, neuropsychologists, vocational rehabilitation experts, life care planners, all working to minimize the value of future damages. They’ll argue the victim has more capacity than claimed. They’ll project a shorter life expectancy. They’ll use the comparative fault analysis under MCL 600.2959 to reduce the recovery wherever possible.

Life care planning and vocational rehabilitation are not optional in a serious catastrophic case, they’re the foundation of the damages presentation. Getting the right experts engaged early is critical.

What The Reizen Law Group Does Differently

Scott came to plaintiff’s work from the defense side of personal injury litigation. In catastrophic cases especially, that background matters. He knows how insurers evaluate lifetime care projections. He knows how defense life care planners approach these cases and where their methodology is vulnerable. He knows the surveillance and IME tactics because he’s seen them deployed.

What that means practically: he builds catastrophic injury cases the way the defense builds them, with full documentation, the right experts, and a long view of the damages, and then advocates for the plaintiff’s side of that ledger. The goal is a recovery that actually accounts for what the victim needs: not a quick settlement that closes out a lifetime of medical costs for pennies on the dollar.

Over two decades of experience in Michigan personal injury law. Thousands of cases resolved. No fee unless we win.

Common Types of Catastrophic Injuries

  • Traumatic brain injury (TBI): from mild concussion to severe diffuse axonal injury; cognitive, behavioral, and physical consequences that can be permanent
  • Spinal cord injury: partial or complete paralysis; paraplegia, quadriplegia; significant attendant care and medical equipment needs
  • Amputation: traumatic loss of limb; prosthetics, rehabilitation, phantom pain, vocational impact
  • Severe burns: skin grafting, long-term wound care, scarring, psychological trauma
  • Multiple fractures and orthopedic injuries: complex fractures requiring multiple surgeries; degenerative joint disease as a long-term consequence
  • Crush injuries: from vehicle rollovers, industrial equipment, or building collapses; may involve multiple organ systems
  • Anoxic brain injury: oxygen deprivation resulting in brain damage; can occur in near-drowning, cardiac events, or surgical complications

Frequently Asked Questions

My accident happened after July 1, 2020, and I only had $250,000 in PIP coverage. That’s already been used up. What are my options?

You may have a tort claim for “excess medical” against the at-fault driver under MCL 500.3135, a claim specifically for medical expenses that exceed your PIP coverage limit. You also have the standard third-party tort claim for pain and suffering and other noneconomic damages if you meet the serious impairment threshold. The interaction between your PIP coverage and the tort claim requires careful analysis. Call Scott to discuss your specific situation.

My accident happened before July 2020 and I had unlimited PIP. How does the no-fault reform affect me?

The Michigan Supreme Court’s decision in Andary v. USAA confirmed that the 2019 reform’s fee schedule and attendant care caps do not apply retroactively to victims whose accidents occurred before June 11, 2019. Your pre-reform unlimited PIP benefits are intact. This is a critically important distinction that affects the value of your case significantly.

What is the MCCA and does it apply to my case?

The Michigan Catastrophic Claims Association reimburses insurers for lifetime medical costs that exceed a set threshold, but only for policyholders who elected unlimited PIP coverage. If you had a limited PIP policy, MCCA coverage does not apply to you. This is one of the hardest consequences of the 2019 reform for catastrophically injured victims who didn’t elect unlimited coverage.

What experts are needed in a catastrophic injury case?

Serious catastrophic cases typically require life care planners, who project the lifetime cost of medical care and support; vocational rehabilitation experts, who assess lost earning capacity; and medical specialists in the relevant area of injury , neurologists, orthopedic surgeons, rehabilitation physicians. In some cases, biomechanical engineers and economists are also part of the team. The defense will have its own experts. Having the right team assembled early is essential.

Is there a cap on damages in a catastrophic injury case?

No cap applies to noneconomic damages in standard personal injury cases in Michigan, including auto accident and premises liability cases involving catastrophic injuries. Only medical malpractice cases carry a statutory cap. There is also no cap on economic damages. In serious catastrophic cases, recoveries can be substantial, particularly in pre-reform unlimited PIP cases.

How long does a catastrophic injury case take?

Serious catastrophic cases typically take longer than standard PI matters, often two to four years or more. The damages need to be fully developed before settlement, the liability investigation is more complex, and insurers fight harder when the stakes are high. Scott will give you an honest assessment of timeline at the outset.

Talk to Scott

If you or a family member suffered a catastrophic injury in Michigan,” in a car accident, a truck crash, on someone’s property, or from any other cause the legal fight ahead is significant. You need someone who understands how the insurance industry approaches these cases from the inside. Call (248) 554-3440 for a free consultation. No fee unless we win.