Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Michigan law, a personal injury plaintiff may recover reasonable travel expenses for medical appointments as “other out-of-pocket expenses” under MCL 600.2946(1)(c). To claim these costs, follow these steps.
Step 1: Confirm Eligibility
Michigan Compiled Laws § 600.2946(1)(c) allows recovery of “out-of-pocket expenses for transportation to and from a place of care.” Ensure your travel was:
- Necessary for diagnosis or treatment of injuries
- Reasonable in distance and frequency
Read more: MCL 600.2946.
Step 2: Document Every Trip
Keep detailed records for each medical visit:
- Date, time, and purpose of the appointment
- Start and end locations
- Mileage driven or transportation costs (e.g., gas receipts, public transit tickets, rideshare invoices)
Step 3: Calculate Reasonable Costs
Use the IRS standard mileage rate in effect at the time of travel or actual out-of-pocket expenses. Include:
- Mileage × IRS rate
- Parking fees, tolls, taxi or rideshare fares
- Public transportation fares
Step 4: Integrate into Your Claim
When drafting your demand letter or initial complaint, include an itemized schedule of travel expenses with supporting documentation. Label it “Medical Travel Expenses.”
Step 5: Exchange and Confirm During Discovery
In discovery responses, produce your mileage logs, receipts, and calculations. Be prepared to explain how each trip relates directly to medical treatment.
Step 6: Present Evidence at Settlement or Trial
At mediation, settlement conferences, or trial, submit your itemized schedule as an exhibit. Offer copies of receipts and a summary chart.
Step 7: Obtain an Award in Judgment
If the court awards damages, ensure the judgment or order explicitly includes “medical travel expenses” in the damages awarded. If omitted, consider a motion to amend or a bill of costs under MCR 2.625.
Helpful Hints
- Store original receipts and logs in a secure folder.
- Use a mileage‐tracking app for accuracy.
- Get a doctor’s note confirming each appointment’s necessity.
- Confirm the IRS rate for each calendar year.
- Respond fully to discovery to avoid disputes.
- Review case law on “incidental expenses” under MCL 600.2946.
- Work with your attorney to draft clear damage schedules.