Have you been injured in an accident? We handle personal injury cases in a number of areas, including auto accidents, insurance disputes, slips or trips and falls, assaults, and other types of injuries.
If you've been in a car accident, regardless of whether you were at fault, you may be entitled to damages and/or other benefits depending on your specific situation.
If you were insured under a policy of no-fault insurance (a requirement for operating a vehicle in Michigan), and were injured in an automobile accident, or were a pedestrian who was hit, you are entitled to certain benefits from your no-fault insurer following an automobile accident. Even if you were a passenger or pedestrian and did not have a no-fault policy, you may be entitled to the same benefits under the policy of a family member, the driver, or the owner of the vehicle. These benefits, depending on your situation, may include:
- Lifetime payment of medical bills related to the automobile accident and which are for "reasonably necessary products, services and accommodations for an injured person’s care, recovery or rehabilitation."
- Lost wages for three years if you are disabled from working (up to 85% of your customary wage but limited to $5,541.00 per month).
- Replacement services at $20.00 per day (which is to pay a person to take care of tasks that you are unable to do due to your injuries, such as cleaning and yard work).
- Attendant Care, which covers payment for services relating to personal care, such as feeding, bathing, getting dressed, administering medications, etc., so long as the services are reasonably necessary for your care, recovery or, rehabilitation.
- Medical mileage to and from medical appointments related to the automobile accident.
If you've been injured and either have had your no-fault insurance claim formally denied or have otherwise been denied payment of your benefits, call us today. Please do keep in mind that the passage of time may affect your ability to either bring your claim or certain parts of your claim. In Michigan, you are unable to recover no-fault damages which were incurred more than a year prior to the filing of your lawsuit. Time is always important, call us today.
DAMAGES AGAINST AN AT-FAULT DRIVER
In Michigan, if you were injured in an automobile accident caused by another driver, you may be able to sue that driver for automobile negligence and recover money damages as compensation for you injuries.
In order to file such a lawsuit, you must have suffered a "serious impairment of an important body function" which is "objectively manifested" and affects your general ability to lead your normal life.
Michigan's Supreme Court has held that this does not mean your ability to lead your life has been destroyed, but rather that your injuries have had some effect on your activities or daily life. There is no time requirement for how long the impairment must last, so as long as the impairment is observable or diagnosable and has had an affect on your life, you will likely be able to recover (depending on the specific facts of your case, of course).
In such a case, damages for both physical and mental injuries are potentially recoverable, as are "excess" economic damages (meaning damages above and beyond the damages obtainable under a no-fault policy, if such damages are warranted by your case).
If you'd like to discuss your situation in this regard, give us a call today. Again, please remember that the passage of time may affect your ability to either bring your claim or certain parts of your claim.
If you've been injured in another type of accident, or if you've been injured, assaulted, or harrassed intentionally by another person, whether in an assault, at work, or in a domestic incident, we are interested in talking with you about your situation.
The Law Office of Daniel J. Herman, PLLC makes no guarantee that it will accept your case, engage you as a client, or that your case will result in the payment of damages to you or in any particular result, intended or otherwise. Legal matters frequently take unexpected courses and outcomes simply cannot be guaranteed. No representation will be undertaken without a written and signed fee agreement, and the payment of a retainer if one is required under said agreement.
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