Last week, The Oakland Press and Detroit Legal News published my letter on Johnson v. Wausau Insurance Co., a case in which an insurance company adjuster lied to save money from paying attendant care insurance benefits to the caregiver of a 10-month-old girl with traumatic brain injuries from a car accident, and got away with it. I was so outraged by this case that I felt compelled to write about it.

Johnson v. Wausau is truly one of the most disturbing cases I have ever read, and the public policy it creates for Michigan residents could not be worse.  In Johnson, an insurance company deliberately lied to save money from paying insurance benefits to a 10-month-old little girl with catastrophic traumatic brain injuries from a car accident, continued this fraud for 16 years and got away with it. After this tragic case, insurance company adjusters can now deliberately and intentionally lie to their own policy holders to save money - legally.

Ask any Michigan lawyer that handles attendant care cases, and he’ll tell you there’s been a terrible game at the hands of insurance companies going on for many years. When people suffer serious personal injuries from car accidents and truck accidents, they are entitled to attendant care — also referred to as nursing services — as part of their no-fault insurance personal injury protection (PIP) benefits. The problem is that many insurance companies responsible for paying for attendant care do not inform people they’re entitled to receive attendant care in the first place.

In my previous blog, “Crotch Rocket” Motorcycle Death Rates Continue to Rise in Michigan, I discussed the extreme danger of young, inexperienced crotch rocket drivers who daringly dart down Michigan roads at speeds exceeding 150 miles per hour. For supersport drivers who cause accidents, the legal outcomes regarding a third-party tort case for injuries and pain and suffering are generally unfavorable — especially compared to those of car or truck drivers.

However, the no-fault attendant care lawyers of Michigan Auto Law have been able to successfully help many motorcyclists — even those who cause motorcycle accidents — receive important no-fault attendant care benefits.

On Friday, June 6, 2008, Michigan Auto Law lawyers Steven Gursten and David Christensen will be speaking at the Michigan No-Fault Institute Seminar in Southfield, Michigan.   This seminar is presented through the Michigan Association for Justice, for lawyers who handle car accident injury cases, truck accident cases, and attendant care and other no fault first party cases stemming from motor vehicle accidents.
 
Steve will be performing a live closing argument demonstration in a sample motor vehicle accident case where the plaintiff has suffered a traumatic brain injury.   The defense will claim the car accident did not cause a brain injury and that the plaintiff is malingering. 
 
David will be lecturing and performing a live jury selection demonstration in a “PIP case” involving a claim for Michigan attendant care benefits.  Attendant care no-fault benefits are available under Michigan’s No-Fault laws for people who suffer severe or catastrophic injury from automobile accidents.
 
Finally, Steve will also be presenting this week at the Association of Interstate Truck Lawyers of America on May 30, 31 and June 1st in St. Louis, Missouri.  Steve and Larry Gursten are both on the Board of Governors, representing the State of Michigan, in the AITLA.  Steve is also the chair of the American Association for Justice Interstate Truck Litigation Group.  The seminar will cover important topics for lawyers throughout the United States who handle serious truck accident injury cases, including “expanding theories of liability” and “damages” in truck accident litigation. 
 

On March 7, 2008 the world changed overnight for Michigan attendant care lawyers, the catastrophically injured and attendant care providers.  For the first time, the Michigan Supreme Court has extended the definition of “incurred” to include attendant care in a case called Burris v. Allstate Insurance Company.  Burris has the potential to wipe out hundreds of pending attendant care cases and jeopardize this important no fault benefit for many seriously injured people who currently depend upon it.

There is a new auto new insurance company delay tactic in Michigan. Claims adjusters are putting innocent people “under investigation” to avoid or delay paying auto no fault insurance PIP benefits. These are lawful, reasonable, no fault claims made by people that were injured in Michigan car accidents. This blog explores how and why illegal delay tactics work for insurance companies, which companies deploy such tactics, what 3 options are available for injured people “under investigation”, and what Michigan Lawyers can do to help their clients.

What do you do when you are driving in your car and find a deer standing in the roadway before you?

Deer cause many car accidents.  According to AAA of Michigan, deer were directly or indirectly responsible for approximately 60,000 car accidents last year in Michigan alone.   Hundreds of people every year are seriously injured or killed.  There are so many deer in Michigan that in some areas, such as the Upper Peninsula, young drivers are taught by Michigan State Police instructors what to do when they too will one day find a deer in the road. 

Judges, you’ve got this Kreiner case all wrong. 
We need to take another look at this “threshold creep” in Michigan’s auto accident threshold law, where each “Kreiner casualty” seems worse than the last.  We have to look at some of these decisions, cases like Jones v. Jones or Gagne v. Schulte, that are leading to such shocking and absurd results. Things are simply getting out of hand.

Not just us lawyers who are completely bewildered.   
As of today, I’ve counted 200 or so unpublished Michigan automobile accident injury cases where the defendant insurance company has won, and 30 or so auto accident cases where the Plaintiff has won.