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Michigan Teenage Boy Involved In Car Accident Receives $1.3 Million Settlement

Case Type: Michigan No-Fault Insurance Benefits for Car Accident

Settlement: $1,305,000

Plaintiff: Michael and Ruth Kross, co-full guardians of Kevin Koss, a legally incapacitated individual.
Defendant: Citizens Insurance Co.
Case Number: 15-005928-NF
Judge: Megan Maher Brennan
Location: Wayne County Circuit Court
Date of Settlement: Nov. 22, 2016

Facts of the Auto Accident Case

On Nov. 26 2001, Kevin Koss, then 15 years old, was travelling as a passenger in a motor vehicle being operated by his mother, on South Boulevard near the ramp for eastbound M-59 in Rochester Hills, when they were involved in a very serious collision with another motor vehicle that t-boned them.

As a result of the accident, Kevin was diagnosed with a traumatic brain injury and has been receiving 24 hour a day attendant care from his parents and has been to multiple doctors visits and therapy, including a vocational workshop and group home.

At the time of the accident, Kevin was insured under his parents auto insurance policy with Citizens Insurance. Thus, Citizens is responsible for his Michigan No Fault benefits, such as payment of medical expenses and attendant care. Citizens had denied payment of any such benefits in Kevin's case.

Types of Injuries and Harm Suffered

Traumatic Brain Injury (TBI)

Other Types of Damages

  • Unpaid attendant care
  • Unpaid medical expenses

Legal Issues in the Case

  • Was the traumatic brain injury related to the motor vehicle accident?
  • Was the amount of attendant care claimed necessary given the extent of the traumatic brain injury?
  • Was the medical treatment rendered reasonably necessary for Kevin's care?

What We Did To Win The Settlement

We filed a lawsuit in Wayne County Circuit Court against Citizens Insurance seeking payment of the outstanding attendant care and medical expenses.

Depositions were taken of our clients and a life care planner and forensic accountant were retained and consulted to assist with formulating the need for and costs of care for Kevin going forward.

After multiple facilitations and the involvement of the Michigan Catastrophic Claims Association, a resolution was reached which provided for all attendant care and medical expenses owed and also provided an amount for penalty attorney fees and interest.

Further the resolution included an agreement on a sum certain that Citizens would pay per year for attendant care going forward for the next 10 years.

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$1,305,000: Michigan No-Fault Insurance Benefits for Car Accident