Our no-fault insurance lawyers recently filed a lawsuit in the Wayne County Circuit Court on behalf of a client injured in a Michigan auto accident. The client exited a moving automobile and struck his head, causing a severe closed head injury. Due to the traumatic brain injury, he requires twenty-four hour attendant care services and is unable to work. Starr Indemnity Insurance Company refused to pay for these benefits.
Attendant Care services commonly include, but are not limited to: preparing meals and feeding; assistance with personal hygiene, such as dressing and bathing; attending to wounds; assistance with medication; providing transportation to and from medical appointments; and supervision and monitoring, etc.
Section 3107(1)(a) of the Michigan No-Fault Act is the specific statutory section that entitles auto accident victims to be compensated for "attendant care" rendered by family members. Courts in Michigan have held that the word “services” in this section of the No-Fault statute includes both skilled and unskilled attendant care as well as supervision. The courts have also held that attendant care can be provided by family members as long a physician deems the services are reasonable and necessary.
We filed a lawsuit for the unpaid wage loss and attendant care services against Starr Indemnity Insurance Company. The suit seeks damages for all unpaid claims as well as attorney’s fees, interest, and costs. No trial date has been set by the court.