Case Type: Michigan No-Fault Insurance Benefits for Back Surgery
Facts of the Case
Our client was operating a motor vehicle when he was involved in a motor vehicle accident with another vehicle on Metropolitan Parkway in Sterling Heights. Our client was insured with MEEMIC Insurance Company, which is responsible for payment of his Michigan no fault benefits under Michigan law.
Types of Injuries and Harm Suffered
- Disc displacement in his neck and back, requiring nerve block injections and back surgery
Other Types of Damages
- Medical expenses
- Wage loss
- Attendant care
- Household services
Legal Issues in the Case
- Were all of the claimed medical expenses related to injuries sustained in the accident?
- Is our client able to prove the fact of/amount of lost wages pertaining to self-employment?
- Was our client’s wage loss claim barred by fraud?
- 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 Macomb County Circuit. Depositions were taken of the other driver and of our client, during which he testified to some activities that he was no longer able to do since the accident due to his injuries. However, the insurance company obtained surveillance video showing our client doing at least one activity directly related to his employment that he had testified he was unable to do.
Defense counsel subsequently filed a motion to dismiss the entire claim for no fault benefits based on the discrepancy between what our client testified to and what the video showed. We argued against the motion in court that dismissal was improper as the video showed one isolated instance of conduct and the video showed that our client was in significant pain while moving. In the meantime, the parties attended multiple mediations and were able to reach a favorable settlement, which included payment of all categories of benefits claimed, at a settlement conference before trial.
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