Michigan residents who suffer any type of personal injury in an accident, such as a car accident or slip and fall, will have their medical expenses and lost wages covered by the state’s no-fault insurance benefits. In some cases, however, if an individual suffers a catastrophic injury, those funds may not suffice, especially if a person becomes partially or fully disabled as a result of his or her injuries.
Jay Trucks discusses how the Michigan Catastrophic Claims Association (MCCA) applies to a person with catastrophic injuries and who may be eligible for these benefits.
Contact our firm to learn more about the MCCA and other compensation you may be eligible to receive after suffering a serious personal injury. We offer a free initial consultation to discuss the accident that caused your injuries, and there is no obligation to move forward with a claim.
When Are Injuries Considered Catastrophic?
In Michigan, catastrophic injuries are defined as severe and often life-altering, causing long-term or permanent physical disabilities. For many, this means having to get caregivers to help them do everyday basic tasks, such as dressing, bathing and toileting.
In addition to a lengthy recovery, loss of mobility and independence, many individuals with catastrophic injuries also suffer from severe emotional distress as they learn to cope and adjust to their changed physical state and lifestyle.
Catastrophic injuries may include:
- Spinal cord injuries
- Head trauma
- Loss of limb
- Multiple compound fractures
- Permanent eye injuries
- Traumatic brain injury (TBI)
- Severe or disfiguring burns
- Paralysis
- Paraplegia or Quadriplegia
- Organ damage
- Severe neck injury
- Foot injury
- Neurological disorders
- Shoulder injury
What is the Function of the MCCA?
Michigan Legislature implemented the MCCA, a non-profit organization, for one purpose only; to help pay for the medical expenses of people who suffered catastrophic injuries in a car crash.
Once a car crash victim is determined to have catastrophic injuries with medical expenses that exceed the current unlimited no-fault benefit “retention” amount (currently $580,000 for all policies issued or renewed between July 1, 2019 and June 30, 2021), he or she is eligible to receive additional benefits under the MCCA.
Our Grand Rapids car accident attorneys can explain more about your no-fault benefits and other compensation you may be eligible to pursue after sustaining catastrophic injuries.
How Will the Auto Reform Law Impact MCCA Funds?
Previously, before the new auto reform law, all Michigan residents with catastrophic injuries were eligible to receive unlimited no-fault Personal Injury Protection (PIP) benefits, with eligibility for additional compensation and benefits under the MCCA.
Under the new auto reform law, which went into effect on July 2, 2020, only residents who selected the unlimited PIP benefits option will be eligible for additional compensation through the MCCA.
This means that if you chose any other option of PIP coverage other than the unlimited no-fault benefits, you will not be eligible to pursue any benefits under the MCCA. The only no-fault benefits coverage you will have is up to the limits of your selected PIP coverage.
Can You Pursue a Personal Injury Lawsuit?
That depends. If you can establish that someone else’s negligent actions led to the accident that caused you to suffer catastrophic injuries, you may be eligible to pursue a lawsuit to help you recover compensation for your injuries. However, you must first meet the injury threshold, as defined under Michigan state law, and you – or your attorney – must be able to establish that the other driver owed you a duty of care and breached it, that the breach caused your injuries and that you suffered real damages, such as medical expenses and lost wages.
If you suffered injuries in an accident caused by another negligent party, these are details you should discuss with a licensed attorney.
Contact Jay Trucks for Legal Help With Your Personal Injury
After suffering a catastrophic injury, we strongly recommend that you seek legal assistance from a qualified attorney with experience handling catastrophic injuries in Michigan.
At Jay Trucks & Associates, we have been representing injured victims in Grand Rapids and other cities throughout Michigan for decades. During that time, we have obtained millions in compensation for our clients, including a $2,000,000 settlement for a 43-year-old male who was catastrophically injured when a truck struck his vehicle head-on.
Contact our firm to learn more about how we may be able to help. You can schedule your completely FREE initial consultation with one of our knowledgeable attorneys, with no obligation to file a claim. If we represent you, there are zero upfront costs or attorney fees to pay. You pay us nothing unless we first obtain compensation for you.
