It can happen to anyone, and when you or someone you love is seriously injured in a car accident, you want to do everything you can to make sure your rights are protected. At the law offices of Feldheim & Wilenkin, we will be there for you every step of the way. With over 50 years of experience, we understand the challenges you face, and we will make sure you get the compensation you deserve. We make sure that all of your bills get paid, your wage loss is paid and that you recover for pain and suffering as allowed under the law.
Michigan has a unique Automobile No-Fault Statute that makes the processing of injury claims in our state different than most other states. There are two types of claims permitted under the Michigan No-Fault Law. The first claim is called a PIP (Personal Injury Protection) claim. These claims are brought against an injured persons own insurance company for recovery of wage loss benefits, household replacement services and other potential benefits for attendant care, transportation and housing needs depending on the severity of injury. These benefits are secured from the injured parties own insurance company regardless of who was at fault in causing the accident. The statute provides for an order of priority of insurance coverage in situations where an injured party may not have their own automobile insurance coverage. It is possible that a claimant will recovery benefits from the insurance covering the involved vehicles or even an assigned carrier by the state of Michigan in those situations where none of the involved vehicles were insured.
Benefits for wage loss and household replacement service are limited to three years from the date of accident. There is no limitation to the right to recover expenses for reasonable and necessary medical care where the automobile carrier is the legally obligated insurer.
The second type of claim permitted under the Michigan No Fault Statute is called a Third Party Claim. This is claim that may be brought against the owner and/or operator of the vehicle that caused the accident due to negligence. An injured person is permitted to recover money damages for their physical pain and suffering, emotional stress and loss of enjoyment of life. Under the No-Fault Statute the right to recover damages for pain and suffering is dependent upon proof that the injuries have significantly affected the ability of the injured persons to lead their normal lifestyle. A minor whiplash injury that resolves in a month or two is not compensable for pain and suffering.
Importantly, in third party litigation, the injured claimant is permitted a recovery for lost future wages. While the first party PIP claim limits lost wage recovery to three years, there is no limitation to recovery of future lost wages in a third party case.
At Feldheim & Wilenkin we have vast experience in the processing and trial of first and third party cases. We meet with our client’s doctors to learn their opinions. We secure written reports from the doctors and take their depositions when necessary to advance our client’s claim effectively. We help to prepare our clients for insurance company medical evaluations by insurance company doctors.
The processing of First Party PIP claims can be very frustrating to an injured client. Where the insurance company has cut off benefits, there is a loss of income that is difficult to deal with. Sometimes doctors are unwilling to provide continuing treatment after the insurance company refuses to pay for that treatment. We contact our client’s doctors when necessary to see if they will agree to provide continuing treatment as long as we agree to protect their bill for services rendered. On those occasions where doctors refuse to provide ongoing treatment we help to direct our clients to alternative treatment sources.
While we cannot guarantee how quickly a particular court or judge moves their docket, we always try to advance our client’s case as quickly as possible under the given circumstances.Protecting the Rights of the Injured and Disabled in Michigan
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Even a small auto crash can result in serious and even catastrophic injuries. After your car accident, the most important thing for you to do is to make sure you get the medical care you need. In addition to putting you on the road to recovery, it will document your injuries after your accident, which will help you build a stronger case. From broken bones and burns to traumatic brain injuries and paralysis, we will make sure you have access to the care you need.
Experienced in both negotiation and litigation, our attorneys are prepared to handle the most complex car accident claims. We are prepared to handle accidents involving the following concerns:
- Uninsured and underinsured drivers
- DUI accidents
- Collisions with large commercial vehicles
- Motorcycle accidents
Our attorneys encourage all drivers to purchase insurance that protects drivers injured in accidents caused by uninsured or underinsured drivers.Wrongful Death in Auto Accidents
Nothing is harder than losing a loved one unexpectedly. Our office can help to navigate the complexities of the probate process and the prosecution of a wrongful death claim against those responsible. Our lawyers will obtain all compensation that is permitted under Michigan law.Contact Us
Located just outside Detroit, we represent car accident victims across the whole state of Michigan. We handle all personal injury claims on a contingent fee basis, so you do not have to worry about legal fees until we get you the full compensation you deserve. Call us at 248.737.0700 or contact us online today to schedule a free initial consultation. We return phone calls promptly.