Thursday, April 17, 2014

Parties disputed whether auto accident caused injuries

Plaintiff sought wage loss, medical bills

On Feb. 20, 2011, plaintiff was involved in an auto accident, which resulted in a back injury requiring surgery. Plaintiff, a young single mother, did not have pre-existing back issues and sought third-party overdue benefits damages from defendant State Farm Mutual Automobile Insurance Co.

Defendant argued that plaintiff’s treatment for the back injury was not related to the auto accident.

Plaintiff’s counsel narrowed the issues to be decided by the jury to wage loss, medical bills and interest.

A Macomb County jury determined that plaintiff was injured in the accident and awarded $14,467.44 in allowable expenses; $36,532.32 in wage loss; and $12,974.33 in interest for overdue benefits.

Plaintiff brought a motion for attorney’s fees and costs. The matter then settled for $120,000.

Type of action: Third-party no-fault
Type of injuries: Back injury requiring surgery
Court/Case no./Date: Macomb County Circuit Court; 2011-5099-NI; Sept. 18, 2013
Verdict amount: $63,974

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