Tuesday, January 19, 2021
There are several types of compensation available to a victim of a Michigan car accident. This includes claims to fully comprehensive insurance (PIP) benefits as well as claims to bodily harm. In many cases, a person injured in an accident can receive both types of compensation.
The first type of claim concerns the no-fault insurance benefits in Michigan. You are entitled to these benefits even if you were responsible for the accident. The only exception is if you were driving your own motor vehicle at the time of the accident and were not insured for it at the time.
Fully comprehensive insurance in Michigan offers different types of benefits. First, you are entitled to lost wage payments if you are disabled due to accidental injuries. According to the law, you must receive 85% of your loss of earnings during your disability up to three years after the accident. You can also receive these wage benefits if you were unemployed at the time of the accident but are still actively looking for work
You are also entitled to medical payment services. These payments can be capped at $ 250,000, but most drivers have unlimited lifetime medical coverage. This includes hospital bills, doctor’s appointments, physical therapy, and prescription costs.
In addition, the injured person can be entitled to other benefits. This includes care benefits paid to an individual or agency to assist the victim of the injury at home during the recovery period. These payments include bathing assistance, dressing, supervision, and other personal needs. For everyday chores like vacuuming, cleaning, washing clothes, and even taking out the trash, household service benefits are also available at $ 20 per day.
The other type of claim is for personal injury compensation. These are payments for pain and damage suffered. This includes monetary compensation for physical pain, emotional distress, disabilities and the loss of vitality. The damage also includes payment for scars and disfigurements caused by the accident.
The factors that determine the dollar amount of this compensation can be:
The severity of your injuries; such as broken bones, nerve damage, back and neck injuries, traumatic brain injuries, face injuries, shoulder injuries, knee injuries and all other types of physical injuries.
The size and location of a scar or disfigurement; Scars on the face or arms often receive higher compensation, especially in women and children.
Mental trauma from the car accident, including PTSD.
The type of medical care and treatment you received for your injuries and the future care that will be needed.
The time you missed from work and whether you can return to work after recovering from your injuries
The impact of the car accident injuries on your life, including hobbies, recreation, and your family relationships.
The amount of insurance limits available for your injuries, either from the other driver, the owner of that car, or the coverage of your own uninsured motorists.
There is no calculator or guideline for determining the amount of a personal injury policy. In addition to the factors mentioned above, the degree of liability of the driver also plays an important role. If the claimant was partially responsible for the crash, the amount of compensation may be reduced by the percentage of the total error attributed to the claimant.
A qualified attorney can assist the victim of the injury with any claim. A Michigan auto accidents attorney should help the client win the maximum possible settlement amount.
Buckfire & Buckfire, PC 2020National Law Review, Volume XI, Number 19