Personal Injury Insurance companies don't pay because they like you or they think it's fair, or because they settled a similar case for a certain amount -- they pay because they've no other alternative. Our Michigan personal injury lawyers will review and interpret all the case information, such as:
- The amount of the medical bills
- Loss of past income
- Future medical bills
- How old you are
- Permanent limitations you now have
- Impact on our future earning capacity
- Activities you no longer do
- Activities you do but don't enjoy as much
- Prognosis for further problems
- Strength of lay witness testimony
- The extent to which you may have contributed to the incident (which affects settlement amount)
We begin with one end in mind - what a reasonable jury would award as fair and adequate compensation. We always negotiate from a position of strength with the other side -- strength here means that we have reviewed all your medical records, we have researched any medical issues involved, and we have gathered the necessary lay and expert witnesses to go to trial.
Following is a list that may be helpful to you as you prepare for an initial meeting with one of our litigation team members: it details the materials you should gather and bring with you to discuss a personal injury matter.
- Names and addresses of ambulance service, ER, hospital admitted to, doctors who've examined you.
- Names and addresses of people involved in and witnesses to the accident.
- Dates you missed work.
- Name and phone number of every insurance adjustor you spoke with.
- Accident report.
- Any applicable insurance policy (auto, home, renter's, medical, disability).
- Medical bills.
- Receipts for things you've had to buy or fix due to the accident.
Michigan's High Auto Injury Threshold
Under Michigan No-Fault Law, a plaintiff may sue a negligent third party for auto-related damages only if one of three thresholds is met: "death, serious impairment of body function, or permanent serious disfigurement." This standard was further refined and scaled back in a 2004 decision of Kreiner v. Fischer from the Michigan Supreme Court (MSC). Under Kreiner, the MSC required a high level of proof to establish the elements of impairment, including the question of whether or not the impairment affedts the plaintiff's general ability to lead his or her normal life. The MSC also paid particular attention to the duration of the alleged impairment.
The net effect of Kreiner was to make it very difficult for Michigan citizens to sue a negligent driver for injuries sustained in a crash.
Five years later, the threshold standard of Kreiner will be reviewed and likely revised in a pending case now before the MSC, entitled McCormick v. Carrier. The trial Court and Court of Appeals in McCormick denied pain and suffering damages to a man whose more than one-year disability from work was held insufficient to constitute a threshold injury.
However, the make-up of the MSC is different from the Court that decided Kreiner. With the 2008 election of Justice Diane Hathaway and the recent selection of Justice Marilyn Kelly as Chief Justice, McCormick may be reversed. This case will likely demonstrate a shift in power and legal approach from the former MSC that included various appointees of Governor John Engler, to a Court that is new and less conservative.
We would expect that a new standard in No-Fault threshold cases will be established some time during the first half of 2010. This will make it easier for injured plaintiffs to sue negligent drivers while alleging serious impairment of body function. We will continue to monitor these developments. If you or a loved one has been injured in a serious auto accident, please contact Miles Murphy or Ryan Huizenga at the office to see how these changes may affect your case.
Personal Injury Attorneys
Miles J. Murphy, III, Attorney, with more than 20 years of experience in Family Law, Civil Litigation, Personal Injury and Insurance Subrogation.
Ryan M. Huizenga, Attorney, who specializes in Business Transactions, Business Law, Civil Litigation, and Personal Injury.
Insurance Subrogation
Generally, a health insurance plan or policy has a subrogation provision, which says that the health insurance company of the injured party is entitled to be paid back from the third-party wrongdoer's insurance company. There are two things:
- The opposing insurance company settles when the health insurance company has agreed to release whatever claim they have against them.
- The health insurance company accepts as full and final payment the amount agreed upon for the services received. Health insurance companies routinely take less than the full amount owed to them because of the costs incurred in going out and getting fair and adequate compensation.
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