Claim for Medical and Attendant Care Benefits in Port Huron, Michigan

Jun 28, 2024Auto Accident Attorney

FACTS:

This cause of action arises out of a first party no-fault claim for medical and attendant care benefits in Port Huron, Michigan. Plaintiff (1) was a German immigrant in his late 60s. Prior to this incident, he was a master carpenter, owned a repair facility, and fixed and sold antiques in the Port Huron area. He was driving unrestrained going approximately 30mph when he was hit by a motor vehicle traveling 55mph. Appointed Guardian for Plaintiff (1) is also a Plaintiff (2) in this case. This accident caused significant trauma that involved Plaintiff’s (1) chest, several rib fractures, lungs, heart, and a closed-head injury. He has also had significant impairment with his cognitive ability, short-term memory, as well as long-term memory difficulty. He is unable to manage his affairs and he needs to live in a supervised setting with long-term care and ongoing guardianship.

Before this incident, Plaintiff (1) was an extremely active, hands-on individual. He built a bed and breakfast and a rental property. He owned an apartment complex and a shopping center where he ran a carpentry and antique business. He built and maintained a restaurant. Unfortunately after the automobile accident, Plaintiff (1) had a significant decline in mental and cognitive functioning. It became so bad that his neighbors were contacting Defendant, Plaintiff’s (1) insurance agency, indicating that he was not feeding himself, cleaning himself, and was not paying his bills. Defendant began paying for attendant care and replacement services immediately following the Plantiff’s discharge from the hospital and then discontinued it.

LIABILITY:

Liability against this Defendant is 100%. There is significant evidence of unreasonable refusal, denial, and delay to pay the benefits owed to Plaintiff (1) and Plaintiff (2) who took 24-hour care of Plaintiff (1) for over two years and was promised attendant care payment. The adjuster for Defendant admits that the actions of the Defendant were not only unreasonable, they were done in bad faith, fraudulently, and that Plaintiff is entitled to attorney’s fees and interest for the way that this file was handled.