Case Result

$650,000

Truck Accident

Plymouth, MI

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Case Details

Client was involved in MVA while operating his own tractor trailer, sustaining injuries to his neck and shoulder primarily.

Additional Notes

Normally a work-related injury is exclusively Work Compensation, but we managed to procure him Michigan No-Fault benefits including payment for essential services (attendant care and replacement services) performed by his wife, as well as 85% of his lost wages. The client’s income was in excess of the statutory maximum amount payable and managed to obtain that difference (between what he earned and the amount paid by the no-fault insurer) from the at-fault driver. The insurer fought paying lost wages saying that his neck and shoulder injury would not prevent him from his job duties. But as any truck driver will inform you, driving a semi is physically demanding. Accordingly, we recorded a “day in the life of...”, demonstrating the demanding nature of the client’s job duties, from turning the truck to unloading. Even climbing into and out of a semi truck is difficult. Based on the video evidence we presented, the insurer agreed to pay client’s lost wages. Some law firms provide very little help assisting their clients with obtaining their no-fault benefits. Preferring to instead just file a lawsuit, entitling that firm to a percentage of the total recovery (including medical bill payments). However, immediately filing suit is not usually in the best interests of the client. Lawsuits take a long time, usually more than a year, sometimes more than 2 years. During that entire time, the client has no money coming in! Now if the insurance company were to honor the claim, the client would be receiving money on a monthly basis, for lost wages, reimbursement for essential services rendered, etc.., and a lawsuit is not even needed. Although that is beneficial to their client, the law firm makes less money. As a result, many firms just file a lawsuit right away and lead the client to believe that doing so is in their best interest. All the above, was a good result, but the interesting part of this case was that the client left the United States for medical care. See, my client was born in India and his religion is Seik. And he held beliefs regarding medical care, than those held by many in this country. Our entire system is influenced by this “big medicine” machine, pushing its own doctrine. I am not weighing in on the legitimacy of same, as obviously everyone’s injury or issue is unique, but my client did not want to undergo surgery. Instead, he traveled to India and stayed a medical facility where he underwent 3 weeks of what we came to call a “culturally traditional, wholistic approach” to his injuries. Same, involving a lot of oil massages and stretching, in an environment that focused on relaxation. I would say that clients care focused not just on his injury, but on his whole body and its ability to respond and compensate for the injury. Long story short, we were able to recoup all his expenses for that treatment, (air fare, lodging, etc..), as well as the dollar costs associated with surgical intervention (that did not occur). By the end of our representation, a client had received benefits and settlements amounting to over $650,000.00 and ultimately was able to return to work.

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$650,000 Truck Accident Case Result | Law Offices of Kurt M. Schultz, PLLC | ThatCarHitMe