Entitlement to Financial Compensation For Pain and Suffering
The injured driver (if less than ½ at fault), the vehicle passenger, the pedestrian, bicyclist and the passenger in a bus, cab, Uber, and Lyft, are all entitled to significant payment from the coverage insuring the at-fault vehicle for their body and brain injuries, physical and emotional pain and suffering, and interference with their general ability to live their normal lives. The dollar amount of this compensation can be quite large. Therefore, only an experienced automobile negligence attorney is qualified to secure adequate payment. Michigan law states that you may not bring such a lawsuit without meeting one of these threshold injuries: serious impairment of body function, permanent serious disfigurement, or death. You should therefore consult with my office to determine if you are eligible to bring suit against the negligent driver. Unlike no-fault benefits, a successful lawsuit against the negligent driver may entitle you to receive damages, not only for pain and suffering, but also for excess economic damages, loss of companionship from your spouse, and other damages not limited under the Michigan no-fault act. You must file suit within 3 years after the accident or be precluded by the statute of limitations. Therefore, it is essential that you contact my office promptly after the automobile collision.
ENTITLEMENT TO OTHER BENEFITS FOR INJURIES SUSTAINED IN A MOTOR VEHICLE INCIDENT
We all know that we are required to purchase no-fault insurance to renew our driver’s license and in order to legally drive in Michigan. Unfortunately, very few are aware of all the valuable benefits that this insurance coverage provides.
“No-Fault” is referenced to as such because payment of automobile accident insurance benefits are available to the occupant of a motor vehicle (driver and/passenger) as well as to a motorcyclist, bicyclist, pedestrian, etc. regardless of fault, particularly in these circumstances:
Another driver of another vehicle was negligent and at fault in causing the injury incident;
The injured driver, herself or himself, was negligent and at fault in causing the automobile accident;
No one was at fault in causing the automobile accident, i.e. driver hits patch of ice, slides into tree, causing injury to driver and/or passenger.
I will now address some of the no-fault benefits you are entitled to collect:
HEALTHCARE BENEFITS
Ambulance/EMS
Doctor/office visits
Hospital bills
Medical/diagnostic tests
Surgery
Physical therapy
Chiropractic care
Prescriptions
Home nursing care
Inpatient nursing care
Prosthetic devices
Transportation to and from medical care
Durable medical equipment (i.e. braces, crutches, wheelchairs, TNS Units)
Home modifications
MEDICAL MILEAGE
Medical expense benefits include payment of mileage to and from medical care. You should keep a record of the roundtrip mileage expenses by date, location, and miles driven for submission to the no-fault carrier.
FUNERAL EXPENSES
The No-Fault Act provides a funeral and burial expense benefit typically up to $5,000.00 or even more, depending on the language of the no-fault contract. This benefit will be paid towards the funeral and burial expense in event of a death resulting from a motor vehicle accident.
WORK LOSS
Work loss benefits are payable for up to three years after the date of the accident. As no-fault work loss benefits are not considered taxable income, the benefits are reduced by 15%, unless verifiable proof is presented to the no-fault carrier that your total tax advantage is less than 15%. The work loss benefits paid reflect 85% of a person’s gross wage/salary or the current monthly maximum amount as annually determined by the State of Michigan.
The monthly maximum in effect at the time of the accident is the maximum amount for the injured person for the next 3-year period. The income that is recoverable is what would have been earned, not what could have been earned, unless temporarily unemployed.
SURVIVOR’S BENEFITS
If you are a qualifying dependent of an individual who has died because of injuries sustained in a motor vehicle accident, you may be entitled to survivors’ loss benefits similar to the work loss benefits of a surviving disabled claimant. Generally, the 3-year income payment is paid to a narrow group of dependents, usually the spouse and minor dependent children.
REPLACEMENT SERVICES
An injured person or the survivor of the deceased may recover replacement services. The no-fault law provides for the payment of up to $20 per day for the loss of services that the injured or deceased person would have provided for himself or herself (if the person is surviving) and for their dependents. The replacement services are only payable for the first 3 years after the accident.
Typical replacement services include:
Laundry;
House cleaning (dusting, mopping, vacuuming, scrubbing, etc.);
Washing dishes;
Yard work;
Interior and exterior home maintenance;
Child transportation, etc.
These services can be provided by and paid to non-family members or provided by and paid to family members with a payment or promise to pay by the injured person.
IN-HOME NURSING OR ATTENDANT CARE
Benefits include in-home nursing care and unskilled attendant care, which may be performed by a family member, if the care is deemed necessary for the injured person’s care, recovery, or rehabilitation.
ACCOMMODATIONS
Coverage provides renovations to make a dwelling handicapper accessible, or to build a new residence for catastrophically injured persons where their prior residence, even with renovations, is no longer adequate. The insurance company may, however, hold title to a residence built for this purpose.
SPECIAL TRANSPORTATION
The no-fault insurance company may be obligated to pay for the purchase and/or modification of a motor vehicle (van) for the transportation of a seriously injured person.
REHABILITATION
Rehabilitation benefits are broad and may include such services as job retraining, physical rehabilitation, and modification of home or automobile to accommodate permanent limitations.
DENIAL OR TERMINATION OF BENEFITS
If you made a claim for payment of no-fault benefits with your insurance company and benefits were denied, you may bring a lawsuit against your no-fault insurance company for breach of contract. Likewise, if benefits were paid and subsequently terminated, you may bring legal action against your insurance company to compel resumption of no-fault benefits. There are notification requirements, so you may wish to consult my office on this issue.
CONCLUSION
If you are injured in an automobile accident, you should promptly contact my office to determine whether you are receiving all of the benefits you are entitled to under your no-fault insurance contract and the no-fault law. Also, if the other driver was at fault, you must contact my office to learn all your rights against the negligent driver.