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Family Provided Attendant Care Settlement for TBI Patient

Our Michigan no-fault insurance lawyers recently settled a lawsuit for a traumatic brain injury victim against his auto insurance company.   Our client suffered a traumatic brain injury in a 1997 single car accident in Novi, Michigan and has been under the care of a psychiatrist and neurologist since the accident.  His physicians recommended twenty-four hour attendant care services for supervision and monitoring, but the auto insurance company refused to pay those benefits.

Attendant care services are a major type of benefit available under Michigan no-fault insurance laws for those seriously injured in an automobile accident. Attendant care benefits, also known as “in home nursing care,” are actually a part of the medical benefits that you are entitled to receive under the No-Fault laws.

Family members are entitled to be paid for attendant care services provided to an auto accident injury victim after a Michigan car accident. Many family members are unaware of this due to the fact that often times the insurance adjuster on the case does not tell them they can submit claims; however the reality is under law, a family member can both provide and be paid for these services.

Our client’s wife and other family members provided the services but were not paid in a timely manner.  We filed a lawsuit in the Oakland County Circuit Court in Pontiac, Michigan and agreed to attend a mediation shortly after the case filing.  After a lengthy mediation, the insurance company agreed to settle the back attendant care payments for $50,000.00, which worked out to $14.00 per hour.  The insurance company also agreed to pay a specific monthly amount of attendant care benefits to the family members going forward into the future.

If the auto insurance company has failed to pay a family member providing attendant care services or underpaid a family member at a low hourly rate, you should contact our attendant care claim lawyers immediately. We will force the insurance company to pay the proper rate and obtain all past due and underpaid benefits for the services provided in the past. There are strict time deadlines for filing Michigan No-Fault insurance claims so it is important that you contact us immediately at (800) 606-1717.

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