Metro Detroit Car Accident Attorney
A common confusion among many clients injured in a Michigan car accident is the difference between these first-party No-Fault benefits that sound similar, but which in reality are distinct: Replacement Services and Attendant Care. In fact, many doctors treating car accident patients confuse the two, which can lead to the injured party not receiving the full benefits they are entitled to under the law.
What Are Replacement Services/Household Services?
Benefits for Replacement Services, sometimes referred to as Household Services, compensate the injured party for certain services that he or she used to provide for himself or herself or for his or her dependents, but can no longer provide because of the injuries suffered as a result of the car accident. MCL 500.3107(1)(c) entitles the injured claimant to recover up to $20 per day for three years for these services.
Examples include things like cleaning, sweeping, vacuuming, laundry, meal preparation, child care, yard work, etc. Replacement services do not cover services performed to generate income, rather they are for "ordinary" and "necessary" services that the injured person would normally have performed but for his or her injury.
What Are Attendant Care Benefits?
Attendant Care benefits differ, in that they imply "skilled nursing care" or services that a nurse would ordinarily perform. This includes services like supervising the injured claimant, administering medications, wound care, bathroom assistance, transportation, etc. Attendant care, if needed, will be prescribed by a doctor, but can be performed by a nurse, family member or friend. Attendant care benefits are paid on an hourly rate, based upon the number of hours per day prescribed by the doctor.
Note, oftentimes doctors will prescribe a patient with attendant care, but fail to list the specific duties to be performed. This can in some cases delay payment for attendant care benefits, as insurance companies often require that the doctor list the precise attendant care services needed. To help ensure prompt payment, it is best that your doctor list thoroughly and accurately the attendant care services that you will require.
The list of Michigan No-Fault benefits a person injured in a car accident is entitled to can be long and complex. However, knowing and understanding the difference between Replacement Services and Attendant Care benefits can help ensure that you or your loved one is taken care of in the days, weeks, and months ahead following an auto accident.
Michigan Car Accident Lawyer
Metro Detroit Injury Lawyers is a Bloomfield Hills, Michigan law firm practicing personal injury law. Contact us today at 248-430-8929 for a free consultation and evaluation of your case, with no obligation.