Experienced Attorney representing victims of car accidents in Metro Detroit including Livonia, Westland, and Canton
A person injured in an automobile accident in Michigan is entitled to medical treatment regardless of whether they were at fault in the accident which caused their injuries. In the simplest example, If two cars collide, each driver would look to their own no-fault insurer for payment of their economic losses.
High-impact collisions cause daily fatalities and catastrophic injuries to the unfortunate driver or passengers involved. The greatest benefit of Michigan's No-Fault Law is that such catastrophically injured persons may continue to get the best medical care available for their entire lives. If this were not the case, the catastrophically injured person would have to spend themselves and their family into poverty until they qualified for state aid and a lower level of care. Michiganders should be rightfully proud of their no-fault law and resist the frequent attempts from insurers to cap medical benefits. A person who fully understands the consequences of capping medical coverage is Oakland County Executive L. Brooks Patterson. He survived a horrific accident in 2012 that left him permanently injured.
Often, a person injured in an automobile accident is unable to work for a period of time, while their injury heals. Some people may require several days to recover while others may need to be off work for weeks or months. Individuals with the most serious injuries may never be able to go back to work.
Under Michigan's no-fault law, a person disabled from work by their doctor may collect wage loss benefits for up to three years from the date of the collision
Let's say automobile passenger, Tonya suffers a fractured leg in an automobile collision and is in a cast up to her thigh. While convalescing, she cannot walk around and do the vacuuming, or laundry, or cooking. She cannot do any yard work or take out the garbage. Can she get compensation for having someone take care of her house? The answer is yes. If she receives assistance with these household chores she is entitled to receive reimbursement of up to $20 per day to compensate for the additional help.
Household services, like wage loss, are payable for three years, only.
In addition to house care, some injured persons require help with their grooming, washing, and dressing. In our previous example, Tonya is recovering from a broken leg and cannot do housework. She also needs help with her shower and dressing. Under Michigan's No-Fault law she can receive reimbursement for caregiver she hires to help her. This is called attendant care.
Unlike household services which are paid at a fixed rate of $20 per day, attendant care is paid by the hour. It may be reasonable for an insurer to pay attendant care benefits to an unskilled caregiver at a rate of $15 per hour.
In addition to the benefits already described, a person injured in a car crash is allowed reimbursement for their out-of-pocket expenses, such a prescription co-pays, or payment for medical appliances. Mileage for travel related to their medical treatment is also compensable.
If a person suffers minor injuries in an automobile accident, they are only entitled to no-fault benefits. However, people with serious injuries that affect their ability to lead their normal life may be entitled to pain and suffering damages against the at-fault driver. This involves notifying the other driver's insurance company. They will assign an adjuster to a bodily injury claim file. The adjuster will require medical proof that the injury is serious before offering to pay damages.
In addition to serious injuries, a person who sustains a permanent disfigurement is entitled to non-economic damages. Permanent serious disfigurements generally are scars that are noticeable
It takes an experienced attorney to determine the value of a claim against the at-fault driver. The attorney will have to review all your medical records and assess the nature and extent of your injuries. The attorney will also need to review the police report and determine whether you bore any fault in the collision.
Unfortunately, many people try to negotiate with an insurance adjuster on their own. This can lead to an injury claimant waiving their right to pursue damages in exchange for an unfairly small sum of money.
The Law Offices of Cherkinsky & Goutman, P.L.C. have been negotiating automobile accident claims for over 30 years. This experience provides us with the knowledge necessary to determine whether an offer is fair or not.
Cherkinsky & Goutman, P.L.C.
Cherkinsky & Goutman, P.L.C. 39111 Six Mile Rd. Livonia, MI 48152 US
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