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Michigan Automobile Crash Leads to No-Fault Settlement

Case Type: Michigan No-Fault Benefits

Settlement: $28,000

Plaintiff: Pio Emma
Defendant: State Farm Mutual Automobile Insurance Company
Case Number: 16-008889-NF
Judge: Hon. Craig Strong
Location: Wayne County Circuit Court
Date of Settlement: Sept. 7, 2017

Facts of the Case

This case involves Plaintiff’s claims for his outstanding Michigan No-Fault benefits which were incurred as a result of the injuries that he sustained in a motor vehicle collision on Feb. 13, 2016. This settlement encompasses the remaining outstanding PIP benefits which were specifically excluded from a prior partial settlement that occurred earlier in this litigation.

Notably, Plaintiff’s PIP benefits were never terminated, and medical bills continued to be voluntarily paid by the PIP carrier throughout the entire lawsuit. Thus, only limited benefits were subject to this dispute.

Types of Injuries and Harm Suffered

  • Right capitate avulsion fracture
  • Displaced right ulnar styloid fracture
  • Contractual damages consistent with the MNFA

Other Types of Damages

  • Penalty interest of 12% compounded per annum

Legal Issues in the Case

  • Necessity of case management services and on-going physical therapy

What We Did to Win the Settlement

We took discovery depositions of the Plaintiff, his attendant care and replacement services provider, the case manager, and the PM & R who prescribed Plaintiff with attendant care, Dr. Lawrence Blaty. We then proceeded to case evaluation, and the award from this hearing was used as a springboard for informal negotiations between counsel for the parties. We are able to negotiate a favorable settlement for the Plaintiff without him ever having to appear at Court for this case.

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$28,000: Michigan No-Fault Benefits