Case Type: Michigan No-Fault Benefits
Settlement: $53,910, plus attendant care to be paid at an agreed upon rate for the next two years
Facts of the Case
Our client was the driver involved in a single-motor-vehicle accident in Kalamazoo, Michigan in 2011, wherein he sustained significant bodily injury.
Our client had auto insurance, which made his insurer, GEICO, responsible for no-fault benefits incurred subsequent to the accident, including but not limited to the payment of attendant care benefits for such services provided by his wife.
While GEICO had been paying attendant care to our client, they were paying between 6 and 12 hours a day less than the services that were actually being rendered by his wife.
Types of Injuries and Harm Suffered
- Incomplete spinal cord injury C3-6
- Quadriparesis -- C1-C4, C5-6 fracture
- Neurogenic bowel
- Left rotator cuff tear
Other Types of Damages
- Attendant care
Legal Issues in the Case
- How many hours of attendant care was reasonable and necessary?
- How many hours of attendant care were being performed?
- What is the proper hourly rate for the type of attendant care performed?
- How much compensation should be paid in a settlement?
What We Did to Win the Settlement
Our Michigan No-Fault lawyers filed a lawsuit in the Wayne County Circuit. Depositions of our client and his wife were taken. Attendant care logs and medical records were gathered to establish the need for and the amount of hours of attendant care being provided.
After participating in the discovery, the parties attended a mediation in an effort to resolve the case. This was unsuccessful, however, so negotiations proceeded and the parties underwent a case evaluation.
Subsequently, after continued negotiations and assistance from the facilitator, the parties arrived at a settlement of $53,910, which provided compensation for attendant care rendered to date. The settlement also included an agreement for the insurance company to pay for future attendant care at an agreed upon rate for the next two years.
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