Case Type: Michigan No-Fault Insurance Benefits for Car Accident
Facts of the Auto Accident Case
On April 10, 2015 at approximately 5:20 p.m., our client was driving a 2009 Honda sport utility vehicle. Our client was visiting family from his home in Orlando, Florida. He was stopped on southbound Middlebelt at the intersection of Merritt in the City of Westland, County of Wayne. The defendant violently rear-ended our client because she was not paying attention to the roadway in front of her vehicle. Our client’s wife and eight year old son were in the vehicle but were not hurt as a result of the collision.
Our client refused an ambulance at the scene and did not go to the hospital until he returned home to Orlando, Florida. Our client drove home to Florida with his family. A lawsuit was filed against the at-fault driver who was insured with AAA insurance. A lawsuit was filed against our client's own insurance company claiming entitlement to underinsured motorist benefits. The defendant driver only had $25,000 in liability coverage.
Types of Injuries and Harm Suffered
- Neck injury requiring surgical intervention
- Back injury
- Leg injury
Other Types of Damages
- Unpaid medical expenses
- Lost time from employment
- Unable to do leisure activities he was accustomed to prior to the collision
Legal Issues in the Case
- Did our client have any pre-existing medical conditions with regard to his neck and the neck injury?
- Did our clients injuries meet the threshold serious impairment level required by Michigan law?
- Did the scarring from the cervical surgery amount to serious permanent disfigurement?
What We Did To Win The Settlement
We immediately filed a lawsuit in Wayne County Circuit Court against the at-fault driver and our clients insurance carrier for underinsured motorist benefits. We gathered all of our client’s medical records that related to the subject collision and medical records relating to medical treatment he received prior to the collision. Depositions of the parties were taken.
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