PERSONAL INJURY PROTECTION

A new trend among Personal Injury Protection (PIP) insurance companies is to intervene in probate proceedings.  The goal is to force the attendant care provider to battle the insurance carrier in two courts, circuit and probate.  This is an unfortunate new tactic.  It causes additional expense and time to a family that already may have [...]

WRONGFUL DEATH DISTRIBUTION

WRONGFUL DEATH DISTRIBUTION A wrongful death lawsuit was commenced by a personal injury firm and a favorable settlement was reached for the decedent.  Following a settlement, the proceeds of the settlement must then be distributed to the wrongful death claimants based on Michigan’s wrongful death act, MCL 600.2922.  The statute distributes the proceeds to certain family [...]

THE “WRONGFUL DEATH MYTH”

Many PI attorneys that I speak with make an incorrect assumption that it is always better for settlement proceeds to pass via the wrongful death statute instead of through the probate estate.  I call this assumption the “wrongful death myth.”  I understand why the myth exists.  PI attorneys are generally untrusting of probate judges meddling [...]

PIP and Probate

The Probate Pro scored another victory against an insurance company that refused to pay the reasonable attorney fees associated with the administration of guardianship and conservatorship files. PIP and Probate: Guardianship Case In 2009, a nineteen year old woman was injured in an automobile accident while a passenger in her boyfriend’s vehicle. The driver was [...]

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