November 26, 2022

Volume XII, Number 330


Michigan Car Accident Settlement Compensation

There are several types of compensation available to a victim of a Michigan car accident. These include both claims for no-fault insurance (PIP) benefits and a bodily injury claim. In many cases, a person injured in a crash can receive both types of damage compensation.

The first type of claim is for Michigan no-fault insurance benefits. You are entitled to receive these benefits even if the accident was your own fault. The only exception is if you were driving your own motor vehicle at the time of the crash and did not have it insured at the time.

Michigan no-fault insurance provides several types of benefits. First, you are entitled to receive wage loss payments if you are disabled due to accident-related injuries. Under the statute, you must be paid 85% of your lost wages during your period of disability for 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 still actively seeking employment

You are also entitled to receive medical payment benefits. These payments may be limited to $250,000, but most drivers have unlimited lifetime medical expense coverage. This includes hospital bills, doctors’ appointments, physical therapy, and prescription expenses.

In addition, the injured person may qualify for other benefits. These include attendant care benefits paid to a person or agency for assisting the injury victim at home during the period of recovery. These payments include assistance with bathing, dressing, supervision, and other personal needs. Household service benefits are also available in the amount of $20 per day for everyday chores, like vacuuming, cleaning, washing clothes, and even taking out the trash.

The other type of claim is for bodily injury compensation. These are payments for pain and suffering damages. These include money compensation for physical pain, mental anguish, disability, and loss of enjoyment of life. Damages also include payment for scars and disfigurements caused by the accident.

The factors that determine the dollar amount of this compensation can include:

  • The seriousness of your injuries; like fractured bones, nerve damage, back and neck injuries, traumatic brain injuries, facial injuries, shoulder injuries, knee injuries, and all other types of bodily injury.

  • The size and location of any scar or disfigurement; such as scars on the face or arms often receive higher compensation, especially on woman and children.

  • Psychological 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 amount of time you missed from work and whether you will be able to return to your job after you have recovered from your injuries

  • The effects that the injuries from the car accident have had on your life, including hobbies, recreation, and your family relationships.

  • The amount of the insurance policy limits available for your injuries, either from the other driver, the owner of that car, or your own uninsured motorists’ benefits coverage.

There is no calculator or guideline to determine the amount of a bodily injury settlement. In addition to the above-factors, the degree of liability of the driver is also a major consideration. If the plaintiff was partially at fault for the crash, the amount of compensation can be reduced by the percentage of total fault attributed to the plaintiff.

A skilled attorney can assist the injury victim with all possible claims. A lawyer specializing in Michigan car accident cases should help the client win the maximum possible settlement amount.

Buckfire & Buckfire, P.C. 2022National Law Review, Volume XI, Number 19

About this Author

Larry Buckfire Personal Injury Attorney Buckfire Law
President and Attorney

Lawrence J. Buckfire (Larry Buckfire) earned his undergraduate degree in economics from the University of Michigan in 1986 and his juris doctor degree from Wayne State University School of Law in 1989. He has been in private practice since successfully completing the bar exam in 1989. He is admitted to practice law in the State of Michigan, State of Ohio, and in the United States District Court.

Lawrence is the lead trial attorney and managing partner at Buckfire & Buckfire, P.C.  The law firm was founded in 1969 by his father David Buckfire with the principle of representing...

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