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Auto Accident Injuries

 

Auto Accident Injuries

 

Being in an auto accident can be a traumatic experience. In addition to the emotional strain, you may experience pain, disfigurement, disability, medical bills and lost wages as a result of the accident.

 

Studies show that on average, accident victims with legal representation receive three times the settlement amount as those who represent themselves. If you have been in an accident and have questions about your legal rights, contact the Barrix Law Firm to make sure you don’t settle for less. There are many legal factors that can affect how long you have to file a claim, so call today. The consultation is free, there is no obligation and there are no fees unless you win the case. 

 

With a history of proven results in auto accident cases, the Barrix Law Firm will fight for the compensation you deserve under Michigan’s No Fault Insurance Act. The firm uses accident reconstruction experts and medical doctors to help you achieve the best possible outcome for your case.

 

Learn more about:

Michigan’s No-Fault Law

Medical Bills

Wage Loss

Attendant Care

Replacement Services

Mileage Reimbursement

Pain/Suffering and Disfigurement/Impairment

Uninsured Passengers or Pedestrians

Motorcycle Accidents

 

 

Michigan's No Fault Law:

 

Michigan is a No-Fault State.  This means that regardless of who is at fault in an accident that your own insurance company is required to pay most of your economic damages regardless of whether or not you are at fault.  This is called your First Party Benefits.

 

First Party Benefits include medical bills, wage loss, attendant care, replacement services, and mileage reimbursement.  First party benefits are available to anyone who suffers an injury arising out of the use, ownership, operation or maintenance of a vehicle. 

For examples of first party cases we have handled click here.

 

Medical Bills:

 

Medical bills arising from an auto accident are payable for life.  However, often times an insurance company will try to avoid their responsibility to pay reasonable (in cost and necessity) medical bills actually incurred.  Sometimes there is a dispute over who should pay those medical bills between your auto insurance and your health insurance.

 

This dispute arises depending upon if you have coordinated benefits or uncoordinated benefits.  Uncoordinated benefits pay regardless of whether you have a health policy and coordinated benefits pay residual bills only after your health insurance pays first.

 

Contact our office if you have any disputes with your insurance company regarding the payment of medical bills.

 

Wage Loss:

 

The Michigan No-Fault Law provides for an injured individual to receive 85% of their wages if they are disabled from their employment due to an automobile accident.  The 15% difference is what taxes would equal.  Wage loss is limited to three years.  The insurance companies will often try to push an injured individual back to work before they are medically able.

 

Often they will use an insurance company paid doctor to clear you for work.   Any wage loss beyond three years may be recoverable in a third party claim against the at fault driver.

 

This is a complicated area of the No-Fault Statute and you should contact our office if you have questions regarding your wage loss claims.

 

Attendant Care:

 

Attendant care refers to nursing services do to the severity of an injury.  If you need home assistance or constant care the insurance company is responsible for these expenses.  If the insurance company fails or refuses to provide the attendant care you need contact our office for a free consultation.

 

Replacement Services: 

 

Michigan's No-Fault law provides for replacement services for tasks and chores that your physician documents as tasks that you are unable to perform yourself.  These must be tasks that you would normally do yourself and you must have paid or promised to pay someone else to perform them yourself.  Michigan limits this benefit to three years.

 

 

Mileage Reimbursement:

 

Michigan's No-Fault Law provides that if you are required to travel to and from doctor's appointments that you are reimbursed for the mileage traveled.  This is especially significant when you must travel long distances to see a specialists or therapist or frequent short distances.  If you have questions about mileage reimbursement contact our office.

 

Uninsured Priority Provisions:

 

Michigan provides that if you are an innocent uninsured passenger or pedestrian involved in an auto accident that you will still have coverage under another's first party benefits.  Usually this priority starts with your own insurance then goes to a resident relative.  It may then go to the owner or operator of the other vehicle involved.  Ultimately, you may have first party benefits through the assigned claims facility for the State of Michigan. 

 

Motorcycle accidents and other vehicles have different rules under Michigan law be sure to contact our office for your auto accident questions.  If you have motorcycle injury cases see our motorcycle page.

 

If you have been injured in auto accident and are unsure of who is responsible for your first party benefits contact our office for a free no obligation consultation.

 

Third Party Benefits:

 

First party benefits cover economic damages.  Third party benefits cover economic and non-economic damages such as pain and suffering, wage loss in excess of the first party three years and other damages not covered or exhausted by the first party benefits.

 

Michigan's No-Fault Law provides that if you suffer a serious impairment of an important body function or serious disfigurement (scarring) you can sue the other driver for their negligence. If you cannot show that the you have suffered a serious impairment or serious disfigurement then you cannot prevail on a claim against the at fault driver.

 

Insurance adjusters often will try to convince injured persons that their claims are not valuable due to these "threshold" requirements.  Contact our office if you have suffered injuries due to the negligence of an at fault driver.  Passengers also can collect against the at fault drivers.  Passengers can potentially collect from both the driver's insurance of the automobile they were riding in as well as the other driver.

 

Under the No-Fault statute you have 3 years to bring a third party claim.  If you are a minor you have until 1 year after your 18th birthday.  There are other factors which could toll the statute of limitations, you should contact our office. 

 

First party claims have a shorter period to file a claim dependent upon differing factors.  It can be as short as 1 year from the denial of benefits.  Again contact our office  immediately if you feel you have been denied your first party claims.

 

For both first party and third party claims it is important to seek a lawyer immediately; as evidence can be lost and witness are lost and their memories fade.  Protect your legal right to be compensated for these injuries.

 

Why the Barrix Law Firm?

 

I will aggressively fight for you to get you the maximum recovery that you are entitled to under the law.  My office employs the use of experts such as accident reconstructionist, medical doctors and economist as three examples.

 

I have the trial experience you need to force the insurance companies to pay the maximum amount of damages to compensate you for your pain, suffering and other damages.

 

and Remember. . . 

"There is never a fee unless I get money for you!" 

 

If you are injured and think you have a case click now for a free evaluation of your claim