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By aggressiveattorneys, Feb 20 2018 06:59PM

If you’re hurt in a car accident and can’t work, your auto insurance company owes you wage loss benefits – but there are limits to what you can get.

Did you know that if you can’t work due to accident related injuries and make a claim for wage loss benefits, your insurance only pays 85% of your gross wages? If you are a high earner, the most they will have to pay is the statutory maximum of $5,541.00 per month. Even if you earn $10,000 per month, the most they will pay in that maximum amount.

So, the Takeaway is: If you’re hurt and can’t work, make sure you know what you are entitled to.

By aggressiveattorneys, Feb 19 2018 11:08PM

Your auto insurance company owes you PIP ( Personal Injury Protection) Benefits if you’re hurt in a car accident. If you’re 60 years old or older you can opt out of wage loss benefits.

When you buy auto insurance you are entering into a contract. You pay the premium and in return, if you get hurt in an auto accident, the insurance company has to pay your medical bills, medical mileage, attendant care forever, 85% of your wage loss for 3 years, and replacement services for 3 years. (MCL 500.3107)

The statute (law) also says that if you’re 60 or older you can opt out of wage loss provision and get a lower premium in return. To accept that deal the insurance company must give you a waiver to sign. Although that may sound like a good deal, just remember that you should only consider it if you’re not working at all.

So, that Takeaway is: Make sure you are not giving up benefits that you need for the promise of a lower premium.

By aggressiveattorneys, Feb 14 2018 12:13AM

Did you know that the owner or registrant of motorcycle must maintain liability coverage of $20,000 minimum? Also, any insurance company that sells insurance for a motorcycle should also offer first party medical benefits in increments of $5,000. Remember, the coverage is only for the owner.

FYI- If you have an off road recreational vehicle, you are not required to maintain motorcycle insurance for it.

So, the Takeaway is: Don’t Drive That Hog Without Coverage.

By aggressiveattorneys, Feb 9 2018 11:25PM

Did you Know that if you own a car and drive it without having insurance on it, you cannot sure the at fault driver for your injuries? Even if you hit by a drunk driver and severly hurt or even killed, Michigan Law ( MCL 500.3101) requires that you have proper insurance to be compensated for your injuries. In fact, both the registrant and owner of a motor vehicle are responsible to maintain insurance if they are different people (but they don’t have to be separately insured).

Also, the “owner” of a motor vehicle may include any person who has had “the use thereof” for more than 30 days.

This doesn’t apply to passengers who are not owners or registrants.

So, the takeaway is: You should never drive a car that doesn't have current insurance on it.

By aggressiveattorneys, Jan 16 2018 12:31AM

We recently tried a General Negligence case against William Beaumont Hospital for an elderly woman who was injured when a nurses aide tripped and ran into her, knocking her to the ground and fracturing her hip.

It was a serious injury that required surgery with placement of a titanium rod and screws to hold things together. She then needed over 1 month of in-hospital treatment and then another month at a rehab center before she could even go home. Even now she needs a walker to get around which has changed her way of living dramtically.

The hospital defended on the theory that the nurses aide did not breach his duty of care by tripping since "everybody trips and stumbles" and that's not negligence. The defendant also said that as he stumbled it was the Plaintiff who reached out to help him thereby placing herself in the path of danger, causing her own injuries.

 

The jury was presented with 2 eye witnesses and Plaintiffs expert bio mechanical engineers who testified that the Plaintiff never had the time to react to help him let alone reach out for the stumbling hospital employee.

After 3 days of trial and 2 1/2 hours of deliberation the jury came back with a verdict for Plaintiffs of $350,000.00. 

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