Our car accident lawyers in Michigan recently filed a first party No-Fault Insurance lawsuit for an 80 year old client in the Wayne County Circuit Court in Detroit. The no-fault insurance lawsuit arises out of a 2010 auto accident in which our client suffered severe and permanent injuries, including a closed head injury and orthopedic injuries. Due to her traumatic brain injury, she requires 24 hours of attendant care services.
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.
An attendant care benefit claim was made to the no-fault insurance company. The insurance company has refused to pay an appropriate attendant care rate for these benefits as required under Michigan law. The lawsuit seeks payment of attendant care benefits provided. The lawsuit also seeks attorney’s fees, costs, and penalty interest for the wrongful denial by the insurance company of these insurance claims.
If you or someone you know was denied your attendant care benefits from the insurance company, you should contact our experienced Michigan No-Fault Insurance lawyers today. We will investigate your case and represent you under our No Fee Promise, which means there are no legal fees until you win your settlement. There are strict time deadlines for filing attendant care claims so it is important that you contact our office today. Call toll-free at (800) 606-1717 or simply fill out the Get Help Now box to the right of this page and "Click to Send." We will be in contact shortly.