Personal Injury FAQ
No Fault Questions
Q. If I am in a car accident, what does my own car insurance owe me?
A. Under the Michigan No-Fault Act, some of the benefits that a person's
own car insurance is supposed to pay include:
- Medical bills and co-pays that are unpaid by health insurance;
- Wage losses for up to three (3) years (based on 80% of pre-tax earnings
up to a maximum amount of $5,189.00 per month for 2013 / 2014).
- Replacement services of $20.00 per day for up to three (3) years if a person
needs help with household chores such as cooking, cleaning, laundry, etc.
- Attendant (nursing) care for assistance with nursing activities such as
administering medication, in-home physical therapy, dressing, bathing, etc.
- Home modifications if a person needs handicap accessibility for their home.
- Mileage to and from doctor's appointments.
Q. What about the damage to my car?
A. The at-fault driver is required to pay the first $1,000.00 under the
mini-tort provision of the No-Fault Act. After that, if a person has additional
property damage coverage under their own insurance, it should cover the rest.
Q. What about my pain and suffering?
A. Under Michigan law, a person can sue the at-fault driver if he / she
can prove that the other driver was at fault and that he / she suffered either:
- Permanent disfigurement such as scarring or loss of a limb;
- Serious impairment of body function.
Slip and Fall Questions
Q. I had a slip and fall accident. Why is it so hard to find an attorney?
A. The Michigan Supreme Court has made it very difficult to sue for slip
and fall or trip and fall cases due to a doctrine called the open and
obvious defense. Under this defense, a property or business owner is not
responsible for defects on the property that a person should have been
able to see or expect. Under this doctrine virtually all cases involving
snow under ice have been eliminated.
Q. What should I do if I had a slip and fall?
A. Take photographs of the defect immediately and contact an attorney to
analyze the case.