Under Michigan No-Fault law, an injured person is entitled to medical benefits for the rest of their lives for any treatment related to the injuries associated with the motor vehicle accident. The benefits are payable even if the injured person was at fault in causing the accident. Unfortunately, many of those who are seriously injured do not understand that the term “medical benefits†includes what is known as “attendant careâ€. Michigan’s no fault benefits will cover attendant care pay for injured accident victims.
It is not difficult to imagine that a person who suffers a brain injury, spinal cord injury or other serious injury needs to have someone to assist them with activities of daily living. When people are discharged from the hospital, they are not necessarily capable of living on their own. Often, these people need assistance getting dressed, getting in and out of bed, getting to the bathroom, assistance with grooming, cooking, and walking. People suffering closed head injuries may need someone to be with them 24 hours a day because their ability to make sound judgments has been impaired. They may have lost the ability to pay bills or make decisions for themselves even on the most basic level.
Fortunately, in all of these instances, Michigan No-Fault benefits include up to 24-hour supervisory care or attendant care for the life of the injured person, if necessary. Many family members are unaware that they are entitled to be paid for providing these services to other family members. Unfortunately, insurance carriers are not always honest and forthcoming about the availability of these benefits. In some cases, representatives of the insurance companies have actually misrepresented the availability of these benefits telling family members it is their “moral responsibility†to provide this care without compensation.
In one case, we represented the mother of a young boy who suffered a closed head injury. She gave up her job and her marriage ended in divorce because her son’s injuries absorbed all of her time. Twenty years later, we forced her insurance company to pay $7,500,000.00 for back benefits for family-provided attendant care. Had she known about the availability of these benefits, she could have provided services when she felt like providing services and could have hired outside professionals to come in when she needed to take a break. If a family member provides services to an injured person, they are entitled to “market ratesâ€.
Michigan No-Fault also provides transportation costs including making vehicles wheelchair accessible and must retrofit vehicles so that handicapped individuals can drive them.
Attendant Care Pay For Injured Accident Victims Discussed By Macomb County Attorney
Often times when in an accident that seriously injures you or a family member the very last thing you think of is to contact an attorney. It is so very important that you do and right away. Do not suffer through it and end up burdening all of the challenges that come with every day care for a patient on your own. Get the benefits you are entitled to by law. Contact our law firm of Thomas, Garvey, Garvey at 586-779-7810.
