Experience, expertise and common sense.
First-Party No-Fault Claim
Motor Vehicle Litigation / June 13, 2014
Court/Case No: Oakland County Circuit Court; 12-128435-NF
Tried/Argued Before: Jury
Demand: $341,414 in attendant care benefits
Verdict: Verdict - $26,244 plus judgment interest
Name of Judge(s): Honorable James Alexander
Keys to the Case:
Plaintiff was claiming $30/hour for 24/7 attendant care benefits for plaintiff with traumatic brain injury. Defendant was paying $11.44/hour for 16 daytime hours & $7.40/hour for eight nighttime hours. The jury held that the daytime rate was reasonable but increased the nighttime rate to equal the daytime rate. Testimony of the claims adjuster and the plaintiff’s primary caregiver established that a “supervisory” level of care was what plaintiff required and was actually receiving from family caregivers as opposed to the services of either a “life skills trainer” or “behavioral tech” as claimed by plaintiff at $30-$45/hour.
Defense SW attorney(s) Involved in Case: