When someone's negligent driving leads to a permanent disability, nothing is more important than making sure that all medical expenses are covered and that future earnings won't be lost and destroy your lifestyle for the future. Fortunately, under the Michigan no-fault law nearly everyone injured in a Michigan auto accident will have all their medical care and related expenses covered for as long as required -- even if it is for the rest of their life. Even passengers, non-residents and individuals not covered by an active no-fault auto insurance policy are able to claim these benefits. The only injury victims ineligible for these benefits are those who were driving their own uninsured vehicle at the time of the accident.
Anyone suffering a disability as a result of a car accident in Michigan is entitled to lifelong medical benefits. But getting those benefits is not always easy. In order to generate more profits, insurance companies often deny claims or reduce the value of claims. It's not uncommon for an insurance company to claim an injury or disability is the result of some incident other than the car accident or claim that a medical procedure is unnecessary or unwarranted. Another tactic is to attempt to settle the case with a lump sum upfront in exchange for the injury victim releasing the insurer from further obligation. Often the lump sum offered looks incredibly large to the injury victim, but in reality is only a fraction of what continued medical care will cost.
In these cases it is often necessary to procure the services of a personal injury attorney to hold the insurance company accountable through a lawsuit. An even better tactic that will reduce delays in receiving benefits and help keep insurance companies honest from the beginning is to hire a personal injury attorney before filing a claim and let the attorney file the claim on the victim's behalf.
While medical care is covered by Michigan no-fault insurance, other damages that go along with a disability caused by an auto accident. A disability, whether temporary or permanent, involves a lot of pain, frustration and inconveniences. Often these factors snowball to result in long-term depression, anxiety and other psychological and emotional issues.
These kinds of damages, referred to as non-economic damages because they don't have a receipt or bill attached, aren't covered by Michigan no-fault insurance.
Additionally, injury victims suffering disabilities are often unable to return to the jobs they held before the accident and miss out on income they need to support their daily living expenses. If the lost income is less than $5,000 (approx.) a month and doesn't extend beyond three years, it will be covered by no-fault insurance. However, if the injured person's income is more than the approximately $5,000 a month maximum that no-fault pays or is unable to return to their job or another job with equal or greater income within three years, the excess lost income will not be covered by no-fault insurance. This is known as excess economic damages.
Non-economic damages or excess economic damages can only be recovered through a personal injury lawsuit against the driver or drivers at fault for the accident. In Michigan, because of the state's no-fault insurance laws, car accident victims may only bring lawsuits for non-economic damages if their injuries meet the threshold requirement for severity. Under the current personal injury law climate, any injury leading to a disability should qualify for recovery of non-economic damages. Injuries do not have to meet the threshold requirement to bring lawsuits for excess economic damages.
When car accident injuries result in a disability, the insurance company paying out the Michigan no-fault benefits usually requires the injury victim to apply for Social Security Disability benefits. They do this so that if the injury victim is eligible for disability benefits, they can be used to offset no-fault benefits and reduce the amount the no-fault insurer has to pay. Often this is just a formality, but failure to do so when requested by the insurer can result in a loss of no-fault benefits.
Going it alone against insurance companies and defense lawyers is a recipe for frustration and financial disaster. They are experienced at making injury victims look foolish to a court and jury and using double-speak to convince injury victims that they are acting appropriately. Statistics show that injury victims represented by a skilled and experienced personal injury attorney, on average, recover substantially more compensation than those who go it alone. This can mean the difference between maintaining a relatively normal life, despite the disability, and having your way of life devastated by a disability.
The personal injury attorneys have extensive experience helping individuals with car-accident related disabilities recover the damages they suffer. Call our Detroit personal injury law office at 1-800-638-6722 to schedule a free consultation and find out what damages you may be entitled to.
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