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First-Party No-Fault Claim for PIP Benefits

Case Type: First-Party No-Fault Claim for PIP Benefits

Settlement: $30,000

Plaintiff: Cheryl Bolton
Defendant: Michigan Municipal Risk Management Authority
Case Number: 17-574-NF
Judge: Hon. Amy L. McDowell
Location: Barry County Circuit Court
Date of Settlement: April 28, 2017

Facts of the Case

On January 19, 2015, Cheryl Bolton was a passenger on a Barry County Transit Bus when it collided with a cement light pole in a parking lot located at 900 W. State Street in Hastings, Michigan.

This action involves Ms. Bolton's first-party claims for outstanding Michigan No-Fault PIP benefits arising out of the subject collision and incurred subsequent to Defendant MMRMA's unreasonable termination of Ms. Bolton's benefits.

Types of Injuries and Harm Suffered

  • An acute, depressed intro-articular fracture of the left tibial plateau
  • A traumatic brain injury with resultant neuropsychological sequela

Other Types of Damages

  • Outstanding medical bills
  • Outstanding attendant care benefits
  • Outstanding lost wages

Legal Issues in the Case

  • Etiology of Ms. Bolton's neuropsychological sequela given her age and her prior medical history of suffering from multiple CVA's and ischemic events. The traumatic brain injury formed the basis for much of Ms. Bolton's attendant care claim and for the bulk of her outstanding medical bills, and thus those claimed benefits were heavily disputed by Defendant MMRMA.
  • Whether Ms. Bolton's medical care providers were charging usual and customary amounts for the services which they rendered
  • Credibility and credentialing of the professional/agency attendant care providers and nurse case manager
  • Applicability of the holding in Covenant Med. Ctr. v. State Farm Mut. Auto. Inc. Co., __Mich.__ (2017) (Docket No. 152758) given that this case and its holdings came down from the Michigan Supreme Court after Ms. Bolton's case was settled, which also happened to occur during the period of time while the matter was pending transfer from one circuit court to another, and integration of the holdings into language used in the Release of Claim following settlement of this matter.

What We Did to Win the Settlement

Once the suit was filed, thorugh motion practice, we were able to stave off an attempt to transfer the case from the chosen-venue for this litigation to Barry County. Defendant then filed an appeal of the trial court's denial of their motion for change of venue.

In order to move litigation forward, we were able to compromise with Defendant in this regard and reach a mutually acceptable agreement concerning the venue for the litigation.

We then approached defense counsel with an offer to early facilitate the case, prior to any depositions or written discovery taking palce, and there, equitably resolved the matter on behalf of Ms. Bolton.

Michigan Car Accident LawyerOur No-Fee Promise on Michigan No-Fault Cases

You can afford to have the best Michigan no-fault insurance benefits law firm on your side. It literally costs nothing to get started. We promise you in writing:

  • No money to start your claim
  • We pay all file costs and expenses
  • No legal fees whatsoever unless you receive a settlement
  • Phone calls are always free, forever.

Start Your Michigan No-Fault Benefits Claim

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Warning: There are strict time deadlines for filing Michigan no-fault benefits lawsuits.

$30,000: First-Party No-Fault Claim for PIP Benefits

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