MI HB5864

Revises the definition of "serious impairment of body function" to require an objectively manifested medically identifiable injury that impairs an important body function and affects the person's general ability to lead their normal life.

Establishes three mandatory criteria for proving serious impairment: (1) medically identifiable injury caused by the accident, (2) impairment of a function important to an average person rather than just the injured person, and (3) injury of sufficient duration and severity to affect the person's entire preaccident normal life.

Specifies seven factors for courts or juries to consider when determining serious impairment of body function, including nature and extent of injury, type and duration of treatment, duration of impairment, residual injury, recovery prognosis, and differences in the person's life before and after the accident.

Adds special provision for closed-head injuries allowing a jury question to be created if a licensed physician who regularly diagnoses or treats such injuries testifies that serious neurological injury may exist.

Applies the amendments to all actions filed on or after the effective date and to actions pending in trial or appellate courts on the effective date.