Step 5 of a Lawsuit: Damages Recovery & Attorney Fees

Step 5 of a Lawsuit: Damages Recovery & Attorney Fees

After months, potentially years, of litigation, your case finally settled at trial. Now what?

This blog post will cover the final step of the lawsuit process, which is damages recovery and attorney fees.

If you recover damages, you will receive a check from our office equal to the gross recovery minus costs and attorney fees, and any disbursements we may have to make on your behalf or which you instruct us to make. Pursuant to your retainer agreement(s), State Bar of Michigan regulations, and customary practices in Michigan, the attorney fee is calculated by taking the gross recovery, minus the costs, and dividing by three, and the costs incurred are reimbursed to the attorney. So the attorney fee is only one-third of the net, not one-third of the gross. Liens on client funds, such as a lien from a client’s health insurance carrier for money paid for a client’s medical care related to a case, attach to the client funds and must be paid from client funds.

With what inevitably seemed daunting at the start, the lawsuit process has finally come to an end. While each case is different, we hope this series of blog posts has provided a better understanding of the overall process. When you have a case with MichiganLawsuit.com, you can trust us to be there every step of the way and represent your best interests. If you or someone you know is in need of a personal injury attorney, please give us a call.

(855) LAW-MICH

(855) 529-6424

Step 4 of a Lawsuit: Trial

Step 4 of a Lawsuit: Trial

We have finally reached the trial step of a lawsuit. While this is the step that most of our clients are familiar with, it is important to note that trials are extremely rare in Michigan. In fact, approximately only 2% of cases proceed to trial. This can be attributed to many reasons, including the fact that both sides must incur significant costs and the fact that juries are highly unpredictable. If your case does proceed to trial though, you can rest assured that we will remain in close contact with you as we prepare for it.

During the preparation period, we will be doing many things, including investigation, record collection, discovery, legal motions, technical consultation, and continuing settlement negotiations. Our office will do everything we can to make sure you have the most compelling case at trial.

We are almost at the end of our steps of a lawsuit series. The last step after trial is the damages recovery & attorney fees step. Check back here to read more about this soon.

Starting The Year Off Right

Starting The Year Off Right

MichiganLawsuit.com, P.C. has settled its first two cases of the year, placing its settlement total of 2024 at $177,500. Both cases involved a rear-ending where our clients suffered severe injuries and had to endure extensive medical treatment. With this growing momentum, the firm is looking forward to a successful year ahead. If you or someone you know has been injured in an accident, give us a call. We can help.

(855) LAW-MICH

(855) 529-6424

Step 3 of a Lawsuit: Alternative Dispute Resolution

Step 3 of a Lawsuit: Alternative Dispute Resolution

At our office, we don’t want your lawsuit to be overwhelming, which is why we like to break it down into accessible steps. If you missed our previous posts, you can learn about the first two steps of a lawsuit here. The third step, which we’ll talk about today is alternative dispute resolution.

In this step, the Court will initiate alternative dispute resolution (i.e., ADR), which could take place in the form of a case evaluation, facilitation, or a settlement conference; sometimes all three. Below is a brief overview of these processes. Notably, a large majority of lawsuits are settled at this stage of litigation. Remember, no one can settle your case without your consent, and the attorney at our office will certainly consult with you on any significant settlement offers made by a defendant.

A. Case Evaluation

The court will assign your case a case evaluation date. Case evaluation is a process where three court-appointed attorneys hear oral arguments and read written briefs from each party. The panel will then decide on a proposed value they believe could settle the case. It is not a settlement offer, but merely the panel’s recommendation. If all parties accept the panel’s recommendation, the case is settled for that value. If any party rejects, the case continues onward. According to court rules, clients are prohibited from attending case evaluation, but the attorney will consult you once it’s done. You will then have 28 days following the panel’s proposal to decide whether you would like to accept or reject.

B. Facilitation

In the facilitation stage of ADR, each party will submit written briefs to a single attorney who acts as the facilitator. This facilitator will attempt to settle the case by negotiating with each side. Normally, each party sits in a separate room with their attorneys present and the facilitator will alternate between the rooms to try to bring the parties to a settlement. For this form of ADR, clients must be present.

C. Settlement Conference

The court will assign your case a settlement conference date and you must attend. The settlement conference will take place inside the courtroom where the judge will try to settle the case by speaking with both parties. Usually, the settlement conference will occur 42 days after the case evaluation.

If your case is not settled in alternative dispute resolution, it will move onto the next step, trial. Check out our next post to learn more about this.

Step 2 of a Lawsuit: Discovery

Step 2 of a Lawsuit: Discovery

If you missed the previous post, you can learn about the first step of a lawsuit, serving the complaint and receiving answers from the defense, here. The second step of the process is what we label as discovery.

Discovery is when all parties to the case investigate the issues to determine what evidence the opponent will use at trial. This generally takes 180 days to complete, but as with the previous step, parties can request time extensions. Parties typically exchange written questions called “interrogatories” in this period. Once the interrogatories are sent from the defense, you only have 28 days to complete the answers. It is very important that we maintain clear and open communication here, so we can help you get this done.

During this period, parties are also likely to request testimonies in a question-and-answer session with all attorneys and a court reporter present. This testimony has the same weight and effect as a testimony given in court, so it is critical to your case. This is called a “deposition.” We will let you know when your deposition is scheduled and meet with you beforehand to prepare you for it.

Once discovery is done, your lawsuit is on to the third step, alternative dispute resolution. Check out our next post to learn more about this step!

Step 1 of a Lawsuit: Service of Your Complaint and Receiving an Answer

Step 1 of a Lawsuit: Service of Your Complaint and Receiving an Answer

For a lot of our clients, this is their first time in the world of litigation. It is a long process with a lot to learn. It can be overwhelming, but we are here to walk you through every step of the way. We like to break the process down into five steps, so it is a little easier to comprehend. The first of which: service of your complaint and receiving an answer.

Once your case is filed with the appropriate court, the defendant(s) must be served with your summons and complaint. We typically have 90 days from the filing of your suit, but we can file for an extension if necessary. Once a defendant is served, they have somewhere between 21-28 days to answer or plead otherwise. The timeline here depends on the method and location of service (if service is through certified mail, a process server, etc.). Defense attorneys can also request an extension of time to file their answer, so it could take up to 60 days after service. If the defense does not answer within the appropriate time frame, the court may enter a default judgement in your favor. While there are a lot of variables at play, here at MichiganLawsuit.com, we keep a close watch on these dates. You can rest assured that we will get your case to the next step in the process.

In our next post, I will be outlining the second step of the lawsuit process: discovery.

Appearances to Expect After Filing a Case

Appearances to Expect After Filing a Case

Your case was filed with the appropriate court, but now what? Michigan Court Rules require that you show up for different appearances during the course of your case. Some of these appearances include depositions, independent medical examinations, facilitations, or settlement conferences.

A deposition is an interview in which the attorney for the other party asks you, a caregiver, a witness, etc., about the case. A court reporter, also in the deposition, will make a transcript of the questions and answers for the parties to use in their discovery. An independent medical examination is when the insurance company hires a doctor to evaluate your injuries. Facilitations and settlement conferences are where both sides meet with a neutral facilitator or judge to try and settle a case before trial.

The Attorneys at MichiganLawsuit.com will work with you to make sure that you are prepared for each appearance. If you have any questions as you are approaching an appearance date, just let our office know!

A Big Win

A Big Win

This week, MichiganLawsuit.com, P.C. obtained a $90,000 settlement in an Oakland County Circuit Court case pertaining to a 2021 motor vehicle accident. Our client sustained severe injuries after being struck on the rear driver side of their car by another vehicle passing through an intersection. If you or someone you know has been injured in a similar accident, we can help.

(855) LAW-MICH

(855) 529-6424

Have you been discriminated against in the workplace?

Nobody should go to work in fear of harassment, discrimination, or retaliation.

State and Federal Laws ensure your right to equal employment opportunity, regardless of your race, religion, nationality, or sex. As the State of Michigan Department of Civil Rights notes, these laws prohibit employers from discriminating against their employees in the form of:

  • refusing employment,
  • paying less money for equal work,
  • harassing or subjecting an employee to unequal treatment on the job,
  • denying membership in a labor organization,
  • expelling an employee from a labor organization,
  • denying promotion,
  • denying representation in a grievance,
  • firing without just cause, and
  • denying admission to a training program.

If you have experienced any of these situations listed, contact our office. We can help!

(855) LAW-MICH

(855) 529-6424

Our Michigan Lawsuit office will recover maximum money damages for dog bites

MichiganLawsuit.com, will recover maximum money for dog bites. Michigan lease laws require that dogs be leashed at all times when off the owners property. Michigan legislation states, “It shall be unlawful for any person to own any dog 6 months old or over, unless the dog is licensed as hereinafter provided, or to own any dog 6 months old or over that does not at all times wear a collar with a tag approved by the director of agriculture, attached as hereinafter provided, except when engaged in lawful hunting accompanied by its owner or custodian; or for any owner of any female dog to permit the female dog to go beyond the premises of such owner when she is in heat, unless the female dog is held properly in leash; or for any person except the owner or authorized agent, to remove any license tag from a dog; or for any owner to allow any dog, except working dogs such as leader dogs, guard dogs, farm dogs, hunting dogs, and other such dogs, when accompanied by their owner or his authorized agent, while actively engaged in activities for which such dogs are trained, to stray unless held properly in leash”. The legislation continues saying that if a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the dog owner, the owner of the dog shall be held liable for any damages caused by the dog bite. If you or someone you know has been bitten by a dog, our attorneys at MichiganLawsuit.com, P.C., can help. There are no fees until we win the case for you.

We Can Help!

Call (855) LAW-MICH or 855 529-6424 today.

Legal Malpractice in Michigan: other attorneys make mistakes, MichiganLawsuit.com, P.C. fixes them

A lawyer shall employ all appropriate means to protect and advance the client’s legitimate rights, claims, and objectives.  According to the American Bar Association there are certain duties that an attorney must adhere to. If an attorney has failed you or someone you know in any of the aspects below, please call 855-529-6424 and visit Michiganlawsuit.com/tools for more information and resources.

Preamble:  A Lawyer’s Responsibilities

[1] A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

[2] As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others.

[3] In addition to these representational functions, a lawyer may serve as a third-party neutral, a nonrepresentational role helping the parties to resolve a dispute or other matter. Some of these Rules apply directly to lawyers who are or have served as third-party neutrals. See, e.g., Rules 1.12 and 2.4. In addition, there are Rules that apply to lawyers who are not active in the practice of law or to practicing lawyers even when they are acting in a nonprofessional capacity. For example, a lawyer who commits fraud in the conduct of a business is subject to discipline for engaging in conduct involving dishonesty, fraud, deceit or misrepresentation. See Rule 8.4.

[4] In all professional functions a lawyer should be competent, prompt and diligent. A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.

[5] A lawyer’s conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer’s business and personal affairs. A lawyer should use the law’s procedures only for legitimate purposes and not to harass or intimidate others. A lawyer should demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer’s duty, when necessary, to challenge the rectitude of official action, it is also a lawyer’s duty to uphold legal process.

[6] As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.

[7] Many of a lawyer’s professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession’s ideals of public service.

[8] A lawyer’s responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done. So also, a lawyer can be sure that preserving client confidences ordinarily serves the public interest because people are more likely to seek legal advice, and thereby heed their legal obligations, when they know their communications will be private.

[9] In the nature of law practice, however, conflicting responsibilities are encountered. Virtually all difficult ethical problems arise from conflict between a lawyer’s responsibilities to clients, to the legal system and to the lawyer’s own interest in remaining an ethical person while earning a satisfactory living. The Rules of Professional Conduct often prescribe terms for resolving such conflicts. Within the framework of these Rules, however, many difficult issues of professional discretion can arise. Such issues must be resolved through the exercise of sensitive professional and moral judgment guided by the basic principles underlying the Rules. These principles include the lawyer’s obligation zealously to protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.

[10] The legal profession is largely self-governing. Although other professions also have been granted powers of self-government, the legal profession is unique in this respect because of the close relationship between the profession and the processes of government and law enforcement. This connection is manifested in the fact that ultimate authority over the legal profession is vested largely in the courts.

[11] To the extent that lawyers meet the obligations of their professional calling, the occasion for government regulation is obviated. Self-regulation also helps maintain the legal profession’s independence from government domination. An independent legal profession is an important force in preserving government under law, for abuse of legal authority is more readily challenged by a profession whose members are not dependent on government for the right to practice.

[12] The legal profession’s relative autonomy carries with it special responsibilities of self-government. The profession has a responsibility to assure that its regulations are conceived in the public interest and not in furtherance of parochial or self-interested concerns of the bar. Every lawyer is responsible for observance of the Rules of Professional Conduct. A lawyer should also aid in securing their observance by other lawyers. Neglect of these responsibilities compromises the independence of the profession and the public interest which it serves.

[13] Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to our legal system. The Rules of Professional Conduct, when properly applied, serve to define that relationship.

Scope

[14] The Rules of Professional Conduct are rules of reason. They should be interpreted with reference to the purposes of legal representation and of the law itself. Some of the Rules are imperatives, cast in the terms “shall” or “shall not.” These define proper conduct for purposes of professional discipline. Others, generally cast in the term “may,” are permissive and define areas under the Rules in which the lawyer has discretion to exercise professional judgment. No disciplinary action should be taken when the lawyer chooses not to act or acts within the bounds of such discretion. Other Rules define the nature of relationships between the lawyer and others. The Rules are thus partly obligatory and disciplinary and partly constitutive and descriptive in that they define a lawyer’s professional role. Many of the Comments use the term “should.” Comments do not add obligations to the Rules but provide guidance for practicing in compliance with the Rules.

[15] The Rules presuppose a larger legal context shaping the lawyer’s role. That context includes court rules and statutes relating to matters of licensure, laws defining specific obligations of lawyers and substantive and procedural law in general. The Comments are sometimes used to alert lawyers to their responsibilities under such other law.

[16] Compliance with the Rules, as with all law in an open society, depends primarily upon understanding and voluntary compliance, secondarily upon reinforcement by peer and public opinion and finally, when necessary, upon enforcement through disciplinary proceedings. The Rules do not, however, exhaust the moral and ethical considerations that should inform a lawyer, for no worthwhile human activity can be completely defined by legal rules. The Rules simply provide a framework for the ethical practice of law.

[17] Furthermore, for purposes of determining the lawyer’s authority and responsibility, principles of substantive law external to these Rules determine whether a client-lawyer relationship exists. Most of the duties flowing from the client-lawyer relationship attach only after the client has requested the lawyer to render legal services and the lawyer has agreed to do so. But there are some duties, such as that of confidentiality under Rule 1.6, that attach when the lawyer agrees to consider whether a client-lawyer relationship shall be established. See Rule 1.18. Whether a client-lawyer relationship exists for any specific purpose can depend on the circumstances and may be a question of fact.

[18] Under various legal provisions, including constitutional, statutory and common law, the responsibilities of government lawyers may include authority concerning legal matters that ordinarily reposes in the client in private client-lawyer relationships. For example, a lawyer for a government agency may have authority on behalf of the government to decide upon settlement or whether to appeal from an adverse judgment. Such authority in various respects is generally vested in the attorney general and the state’s attorney in state government, and their federal counterparts, and the same may be true of other government law officers. Also, lawyers under the supervision of these officers may be authorized to represent several government agencies in intragovernmental legal controversies in circumstances where a private lawyer could not represent multiple private clients. These Rules do not abrogate any such authority.

[19] Failure to comply with an obligation or prohibition imposed by a Rule is a basis for invoking the disciplinary process. The Rules presuppose that disciplinary assessment of a lawyer’s conduct will be made on the basis of the facts and circumstances as they existed at the time of the conduct in question and in recognition of the fact that a lawyer often has to act upon uncertain or incomplete evidence of the situation. Moreover, the Rules presuppose that whether or not discipline should be imposed for a violation, and the severity of a sanction, depend on all the circumstances, such as the willfulness and seriousness of the violation, extenuating factors and whether there have been previous violations.

[20] Violation of a Rule should not itself give rise to a cause of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached. In addition, violation of a Rule does not necessarily warrant any other non-disciplinary remedy, such as disqualification of a lawyer in pending litigation. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies. They are not designed to be a basis for civil liability. Furthermore, the purpose of the Rules can be subverted when they are invoked by opposing parties as procedural weapons. The fact that a Rule is a just basis for a lawyer’s self-assessment, or for sanctioning a lawyer under the administration of a disciplinary authority, does not imply that an antagonist in a collateral proceeding or transaction has standing to seek enforcement of the Rule. Nevertheless, since the Rules do establish standards of conduct by lawyers, a lawyer’s violation of a Rule may be evidence of breach of the applicable standard of conduct.

[21] The Comment accompanying each Rule explains and illustrates the meaning and purpose of the Rule. The Preamble and this note on Scope provide general orientation. The Comments are intended as guides to interpretation, but the text of each Rule is authoritative.

When does a mistake become malpractice?

Everyone makes mistakes, even attorneys. However, sometimes these mistakes are actually considered malpractice and have consequences. If an attorney has mishandled a case he or she can be sued for legal malpractice. Michigan’s Civil Jury Instructions provide that legal malpractice means a failure to perform in a way that a lawyer of ordinary learning, judgment, or skill would have performed under similar circumstances. Michiganlawsuit.com, P.C. will make an attorney that mishandled any case pay. 

Ultimately, a viable legal malpractice claim will turn on the facts of the case; but here are three basic things to consider in determining if an attorney’s mistake justifies a legal malpractice lawsuit.

  1. Was the attorney negligent? Often, clients review an attorney’s actions with the full benefit of hindsight, but to determine negligence, put yourself in the attorney’s shoes when the “mistake” happened. Decisions that were reasonable at the time may look foolhardy with the benefit of hindsight. Nor is every attorney expected to be Clarence Darrow or Perry Mason. Rather, attorneys ordinarily must act consistently with the community standard of care. In other words, not every mistake rises to a breach of the duty of care.
  2. Did the mistake cause damage? This is often where the rubber meets the road in legal malpractice cases. Even where an attorney made an obvious mistake, that mistake must have injured the client. The classic example of negligence is the attorney who did not file a lawsuit before the statute of limitations expired. Even if it was an inexcusable error, it gives rise to a viable legal malpractice claim only if the client proves to a “legal certainty” he or she would have won the case had it been filed on time. The client must also prove how much money he or she would have won and that the judgment was collectible.
  3. Were the damages significant? Legal malpractice cases are expensive because you are essentially litigating two cases: the malpractice case and the underlying matter (i.e., the case-within-the-case). In addition to legal fees, the client will almost always need an expert to establish that the attorney’s conduct fell below the standard of care. The economics, therefore, must justify the costs of pursuing further litigation.

Whether mistake rises to the level of legal malpractice will turn on a host of other considerations, but keeping these basic questions in mind is a good start in the analysis.

If you or someone you know has fallen victim to legal malpractice we can help.

(855) LAW-MICH

(855) 529-6424

Combatting Distracted Drivers

The Problem

Accidents happen. However, when it comes to accidents involving distracted drivers, many of them could have been prevented. In 2021, Michigan had 16,543 accidents that involved a distracted driver. Of those 16,543 crashes, fifty-nine of them were fatal. Of the 16,731 distracted drivers in crashes, 16.5 percent were distracted by cell phone use, 10.9 percent by some other electronic device (e.g. navigation aid, book player), 5.5 percent by a passenger, 35.3 percent by some other activity inside the vehicle (e.g. eating, drinking, personal grooming), and 31.7 percent by an activity outside the vehicle. The top five counties in Michigan for distracted driving crashes were Wayne (2,480); Oakland (2,207); Macomb (1,705); Kent (1,572); and Kalamazoo (625). NHTSA has defined distracted driving as “anything that diverts the driver’s attention from the primary tasks of navigating the vehicle and responding to critical events. To put it another way, a distraction is anything that takes your eyes off the road (visual distraction), your mind off the task of driving (cognitive distraction), or your hands off the wheel (manual distraction)”

There are three main types of distraction:

  • Visual – taking your eyes off the road
  • Manual – taking your hands off the wheel
  • Cognitive – taking your mind off the drive

Texting is the most alarming distraction because it involves all three types of distraction.

Distracting activities include:

  • Texting or messaging
  • Checking social media
  • Talking on the phone, even hands-free
  • Watching videos
  • Eating, drinking, or smoking
  • Grooming
  • Looking after children or pets
  • Chatting with passengers
  • Searching or reaching for an item
  • Looking at crashes or roadside sights
  • Checking a navigation system
  • Reading anything, including maps
  • Adjusting climate or music controls
  • Listening to loud music

How not to be distracted:

  • Use your phone’s Do Not Disturb feature or an app to silence calls and texts.
  • Put your phone in the glove box or elsewhere to curb the urge to look at it.
  • Avoid eating, drinking, and smoking while driving.
  • Never attempt to read while driving, including a map.
  • Do not do any personal grooming or adjust your clothing while driving.
  • Avoid a lot of interaction with passengers.
  • Emotions can interfere with driving. Do not drive when you are angry or upset.
  • Keep music at a reasonable level, and avoid using headphones or earbuds.
  • Pull over to a safe location and park your vehicle if you need to make or take a call.
  • Do not drive with a pet on your lap.
  • Ask a passenger to help navigate, change the music, or monitor your texts.
  • Pull over to a safe place to address situations involving children.
  • Do not daydream when you are behind the wheel.

The Solution

Governor Gretchen Whitmer recently signed into law a bill making it illegal to manually use a cell phone or other mobile electronic device while operating a vehicle on Michigan roads. Under the law, a driver cannot hold or support a phone or other device with any part of their hands, arms, or shoulders.

Even if a cell phone or other device is mounted on your dashboard or connected to your vehicle’s built-in system, you cannot use your hands to operate it beyond a single touch.

As a result, you cannot manually do any of the following on a cell phone or other electronic device while driving.

  • Make or answer a telephone or video call.
  • Send or read a text or email message.
  • Watch, record, or send a video.
  • Access, read, or post to social media.
  • Browse or use the Internet.
  • Enter information into GPS or a navigation system.

The law makes holding or manually using a cell phone or other mobile electronic device while operating a vehicle a primary offense—which means an officer can stop and ticket drivers for this violation.

The hands-free law took effect on June 30, 2023.

Tips 

How not to be distracted:

  • Use your phone’s Do Not Disturb feature or an app to silence calls and texts.
  • Put your phone in the glove box or elsewhere to curb the urge to look at it.
  • Avoid eating, drinking, and smoking while driving.
  • Never attempt to read while driving, including a map.
  • Do not do any personal grooming or adjust your clothing while driving.
  • Avoid a lot of interaction with passengers.
  • Emotions can interfere with driving. Do not drive when you are angry or upset.
  • Keep music at a reasonable level, and avoid using headphones or earbuds.
  • Pull over to a safe location and park your vehicle if you need to make or take a call.
  • Do not drive with a pet on your lap.
  • Ask a passenger to help navigate, change the music, or monitor your texts.
  • Pull over to a safe place to address situations involving children.
  • Do not daydream when you are behind the wheel.

The National Highway Traffic Safety Administration also gives some helpful hints to parents involving distracted driving and their children.

Consequences for breaking the hands-free law include:

1st violation
$100 fine and/or 16 hours of community service.

2nd or subsequent violations
$250 fine and/or 24 hours of community service.

3 violations within a 3-year period
Complete a driving-improvement course.

Fines doubled
If a traffic crash occurs and the at-fault driver was holding or manually using a mobile device while operating the vehicle, any civil fines will be doubled.

Results

While it hasn’t been long, we can already see the difference the new hand-free law is making. A study conducted by Cambridge Mobile Telematics is showing a decrease in distracted driving in Michigan since the hands-free driving law was implemented.

Cambridge Mobile Telematics (CMT) conducted a nearly two-month-long study using cell phone data from 1 million car trips from June 1 through July 30.

The study estimates that there was an 11.2% reduction in distraction in Michigan since June 30. CMT estimates that reduction has helped prevent 650 crashes, two deaths and $15.5 million in economic damages.

“We are extremely encouraged by the initial results of Michigan’s hands-free legislation,” said Steve Kiefer, Chairman of The Kiefer Foundation and Chairperson of CMT’s Road Safety Board. “These life-saving laws are especially critical during the 100 Deadliest Days of Summer when crashes and fatalities typically increase by 15%. We hope the recent results from Michigan and Ohio inspire the remaining 21 states to enact similar legislation that reduces distracted driving, prevents crashes, and saves lives.”

The study was conducted using “phone motion distraction” data, which is when “the phone is rotating with the screen on while the vehicle is moving.”

Prior to the hands-free law going into effect in Michigan, CMT found that there was an average of 1 minute and 47 seconds per hour on the road drivers were handling their phones.

When the study concluded at the end of July, the average dropped to 1 minute and 32 seconds, an 11.2% decrease.

The trend uncovered in the study is similar to other states who have implemented hands-free driving laws.

CMT tracked eight other stands who implemented hands-free laws between 2018 and 2021. Those states also saw an initial decrease in distracted driving over a three-month period, but saw an overall increase in distracted driving by the end of 2022.

CMT says that the increase demonstrated the “need for continued measurement and programs.”

If you or someone you know has been injured in an accident involving a distracted driver contact Michiganlawsuit.com immediately and visit Michiganlawsuit.com/tools for helpful information and resources.

We can help!

(855) Law-Mich

(855) 529-6424

3 Steps to Take When You Have Crashed a Company Vehicle

What Happens when are you in a crash in your employer’s vehicle?   CALL(855) 529-6424 and Visit Michiganlawsuit.com, P.C. for all resources regarding your auto accident matter.

Not all car crashes are created equal. They can cause varying amounts of damage, to both property and people, and they happen for several reasons — from human error to mechanical failure to weather-related factors. But what happens if you get in a car accident in a company car? The first thing you need to do is call emergency services followed by (855) 529-6424 and visit Michiganlawsuit.com.

While most of us know the necessary procedures to follow when we’re in a car crash, what happens after the crash can be somewhat different when that crash involves a company vehicle.

3 Steps to Take When You Crash a Company Vehicle

If you drive a company vehicle, it’s important to know what happens in the event of an on-the-job collision.

Car crashes are often complicated. In addition to dealing with insurance and determining which driver was at fault, there may be injuries to recover from.

Figuring out who foots the bill and carries the responsibility for a company vehicle crash will often have long-term repercussions, so it’s good to learn what will happen and how it can affect you.

Step 1: Deciding Who Is to Blame

Determining fault is usually the first step in deciding who is financially responsible in a work-related collision. When you’re in a company vehicle, this can get complicated quickly.

For example, let’s say you’re in a company vehicle, stopped at a red light. Suddenly, you’re rear-ended by a driver who isn’t paying attention. It’s pretty clear that the other driver is to blame.

Learn how to reduce crashes and save lives with DriverDirect®

Now let’s say you’re the driver who rear-ends a car that’s sitting at a red light. If you weren’t paying attention — perhaps you were looking down at a text you just received or engaging in other types of distracted driving — then the crash in the company vehicle is your fault.

However, if you rear-ended the car because of mechanical failure that’s linked to the vehicle not being properly maintained, your employer may be liable. Since it’s not your personal vehicle, your employer is responsible for making sure it’s safe to drive.

Step 2: Determining Who Pays

One of the biggest questions after a car crash is: which insurance company is going to pay for the damage? Again, if the other driver is at fault, his or her insurance company will pay for it. When your employer owns the car you’re driving, the company carries the insurance on it, so that insurance company will pay for it if you are at fault.

But keep in mind that there are limits to your employer’s liability. In most cases, this usually goes back to the question of whether or not you were in the scope of your duties when the crash happened.

In a nutshell, this means that if you were carrying out a job-related function, you’re covered by your employer’s insurance. 

 

For example, let’s say you were making sales calls in a company car and you ran into a car that stopped suddenly in front of you. Because the crash happened during working hours, and you were performing job-related duties, your company would assume the liability for the crash.

But if the situation changes, things are different. Let’s say that you went to your child’s basketball game after work in your company car. Driving home after the game, you run into a car that stops suddenly in front of you.

Car Crash in a Company Vehicle

Now, even though the type of crash is the same, there’s a question about liability because you were not driving for company business. Because of that, you might be held liable for damages.

One other possible scenario occurs if you use a company vehicle for personal reasons during business hours. This is known as “frolic” in legal terms, but it isn’t nearly as lighthearted as it sounds.

In this instance, maybe you were making sales calls in your company vehicle, but decided to drop by your gym for a workout. On your way, you run into another car.

Since you were not performing work duties at the time of the crash and were doing something for personal purposes, this could fall under the category of “frolic,” which means your employer might not be legally obligated to pay for any damages or injuries.

Step 3: Considering State and Local Law

Laws can vary by state or jurisdiction, which is another factor that can complicate what happens after a crash in a company car.

It’s important to know what kind of coverage your employer has if you are using a company vehicle and what your state and local laws say.

Knowing the scope and limitations of that coverage may affect your decision to use the vehicle when you’re not on company time. It’s also wise to know what policies and procedures are in place for various scenarios involving damage to the vehicle.

Of course, the best way to avoid dealing with crash complications is to develop better driving habits that keep your vehicle, your passengers and other drivers safe.

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Discrimination In The Workplace: We Can Help!

You may have heard of the word discrimination, but do you know what that means in the context of your workplace? Federal and State Laws protect you from unwelcomed or unfair treatment at work.

To “discriminate” against someone means to treat that person differently, or less favorably, for some reason. Discrimination can occur while you are at school, at work, or in a public place, such as a mall or subway station. You can be discriminated against by school friends, teachers, coaches, co-workers, managers, or business owners. If you have been harassed, discriminated or retaliated against, by an employer, MichiganLawsuit.com attorneys can help!!

The Equal Employment Opportunity Commission is responsible for protecting you from one type of discrimination – employment discrimination because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information. Other laws may protect you from other types of discrimination, such as discrimination at school.

The laws enforced by EEOC protect you from employment discrimination when it involves:

*Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.

*Harassment by managers, co-workers, or others in your workplace, because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.

*Denial of a reasonable workplace change that you need because of your religious beliefs or disability.
Improper questions about or disclosure of your genetic information or medical information.

*Retaliation because you complained about job discrimination or assisted with a job discrimination proceeding, such as an investigation or lawsuit.

What do you do after being discriminated against at work?

  1. Submit an online inquiry.
  2. Schedule an interview with someone from the EEOC.
  3. Submit a charge of discrimination.

Ensure that you meet the time limits for reporting discrimination. In most cases, you must file a charge within 180 calendar days.

Learn more about what to expect when you report discrimination.

Report discrimination to local government

States and local governments also have anti-discrimination laws. Report discrimination to a local Fair Employment Practices Agency (FEPA). If the discrimination breaks both a state and federal law, the FEPA will also send your complaint to the EEOC.

Report discrimination in federal employment

Federal employees and job applicants report discrimination to the equal employment office (EEO) at the agency where it happened. Follow the EEO’s complaint process within 45 calendar days.

File a discrimination lawsuit

GET AN ATTORNEY!! You can sue an employer for discrimination. If the lawsuit is based on a federal law, you must file a complaint with the EEOC first.

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Motorcycle Crash Awareness

If you have been harmed in a motorcycle accident, it is important to know your rights and the laws associated with motorcycles. It is in your best interest to notify the authorities after a wreck, collect information from the crash site, exchange information with anyone who may have witnessed the crash, and see a doctor right away.

Furthermore, by working with a seasoned lawyer at MichiganLawsuit.com, P.C., you could understand the legal rights you have and have help determining if another motorist’s negligence caused a crash. If so, you may be able to pursue a legal claim for compensation.

A motorcycle crash is a complex event involving the interaction of humans, vehicle, and environmental factors. While there is no “typical” motorcycle crash, what is “typical” is that a motorcycle crash is a violent event. More than 80 percent of all reported motorcycle crashes result in injury or death to the motorcyclist. The motorcycle itself provides no head injury protection to the rider or passenger. Ejection from the motorcycle is a common injury pathway. If a motorcycle comes to a sudden stop and the rider is ejected from the motorcycle, the rider will forcibly strike objects in the path as well as the ground.

Cars v Motorcycles. A motorcycle lacks the crashworthiness and occupant protection characteristics of an automobile. An automobile has more weight and bulk than a motorcycle. It has door beams, a roof, airbags, and seat belts. It is also more stable because it is on four wheels. Because of its size, an automobile is easier to see. A motorcycle sacrifices in weight, bulk, and other crashworthiness characteristics is somewhat offset by its agility, maneuverability, ability to stop quickly, and ability to swerve quickly when necessary.

Causes. In 1996 there were 67,000 motorcycles involved in police-reported crashes, of which 40 percent (27,000) were single vehicle crashes.6 Many of the causes of motorcycle crashes may be attributed to lack of experience or failure to appreciate the inherent operating characteristics and limitations of the motorcycle. These factors require motorcyclists to take special precautions and place more emphasis on defensive driving. A motorcyclist, for example, has to be more alert at intersections, where most motorcycle-vehicle collisions occur. About one-third of multi-vehicle motorcycle crashes are a result of other motorists turning into the path of the motorcycle. More than other vehicle drivers, motorcyclists must remain visible at all times, and anticipate what might happen. For example, motorcyclists must anticipate that drivers making left turns may not see them and prepare to make defensive maneuvers. They also must be more cautious when riding in inclement weather, on slippery surfaces, or when encountering obstacles on the roadway. Motorcyclists must place greater reliance on their helmet, eye protection, and clothing to reduce the severity of injury should they become involved in a crash. And they should attend a motorcycle training course to learn how to safely operate a motorcycle and learn all Michigan Motorcycle and Insurance laws.

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Michigan Supreme Court Alters Premises Law Liability

On July 28, 2023, the Supreme Court of Michigan significantly changed the framework of premises liability law in Michigan and the open and obvious doctrine, which mainly found application in slip and fall cases.

In a typical premises liability action, a plaintiff must prove (1) that the premises owner owed them a duty of care, (2) that the premises owner breached that duty, and (3) that the plaintiff’s injury was proximately caused by that breach. The open and obvious doctrine was traditionally analyzed under the first element, duty. It provided that, as a matter of law, a premises owner had no duty to warn of dangers which are so open and obvious that an average person would have avoided the danger and not sustained the injury unless a special aspect of the condition made it unreasonably dangerous. Premises owners frequently invoked the doctrine as a defense when a person was injured by an open and obvious condition that they willingly chose to confront.

The Supreme Court of Michigan’s decision in Kandil-Elsayed overrules decades of Michigan case law on the issue. While the court stated that the open and obvious doctrine still exists in Michigan, it removed the ability to obtain a summary disposition on the grounds of the lack of duty. Now, under the new law in Michigan, a premises possessor owes a duty to exercise reasonable care to protect invitees from an unreasonable risk of harm caused by a dangerous condition on the land even if it is open and obvious. This makes it much more likely that premises owners, both residential and commercial will face lawsuits in the future.

The court now requires the doctrine be considered in the context of breach and comparative fault. The court explained that “[a]s part of the breach inquiry, the fact-finder may consider, among other things, whether the condition was open and obvious and whether, despite its open and obvious nature, the land possessor should have anticipated harm to the invitee. If breach is shown, as well as causation and harm, then the jury should consider the plaintiff’s comparative fault and reduce the plaintiff’s damages accordingly.” Because breach and comparative fault are typically questions of fact rather than law, it will be more difficult to obtain a summary disposition on the issue. This could significantly increase the cost of litigation for premises owners defending claims that arise out of open and obvious conditions. This decision will make premises liability litigation more costly, and it will become more difficult to succeed at the summary disposition stage.

It is common knowledge that insurance companies will do a lot to avoid paying for someone’s claim. If you’re in an accident of any kind, from auto crashes to slip and fall, you will need to file a claim with your insurance. It is common to experience resistance from the insurance company on paying that claim. When you are trying to seek financial assistance from an insurance company, it is a good idea to hire an attorney to help you through the process.

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Insurance Companies: Tactics They Use To Minimize Payments or Deny Your Claim

Insurance Companies: Tactics They Use To Minimize Payments or Deny Your Claim

A quick summary:

  1. Insurance companies will tell you not to hire a lawyer, in an attempt to keep you from knowing your full rights when it comes to compensation, as well as making it easy for them to run the clock on your statute of limitations
  2. They will tell you your damages are not covered under your policy, or offer you a low settlement in hopes you will just take their offer and move on.
  3. They may have you sign forms or releases that will cause you to unknowingly waive your right to compensation.
  4. They may say you’ve made a material misrepresentation, allege fraud, and could possibly rescind your insurance policy and deny responsibility to pay out benefits.
  5. Hiring an attorney can help you avoid the above, allowing you to navigate the process of making an insurance claim without the headaches of insurance companies taking advantage of you.

It is common knowledge that insurance companies will do a lot to avoid paying for someone’s claim. If you’re in an accident of any kind, from auto crashes to slip and fall, you will need to file a claim with your insurance. It is common to experience resistance from the insurance company on paying that claim. When you are trying to seek financial assistance from an insurance company, it is a good idea to hire an attorney to help you through the process.

Some Common Ways Insurance Companies Try To Avoid Paying Claims

A lot of the times, an insurance company will tell you not to hire an attorney. They know that the attorney will try to get as much money as possible for their clients. By telling you not to hire an attorney, they know that dealing with you directly will likely result in you just taking whatever they offer for compensation. Additionally, they may give you the run around for months. They’ll tell you that they’re in the process of reviewing your claim, effectively running the clock on your claim until the statute of limitations has passed. Once it has passed, they will deny your claim and you will have lost the ability to sue for the compensation you are entitled to. This is why it is important to hire an attorney from the get-go.

Additionally, insurers know that the average Joe likely does not know what their policy covers vs. what it does not. They know that you probably haven’t read up on what it covers, either, and thus will tell you that your policy doesn’t cover what you are seeking compensation for (injuries, bills, damages, etc.), relying on hopes that you won’t press the issue further and take what they say at face value. Make sure to always review your insurance policy, and understand what your coverage is. If you remain confused, seek the help of an attorney.

If it does get to the point where they offer you money for your claim, they will likely lowball you with an offer much lower than what you are entitled to. The figure they give could seem like a lot, but its unlikely to be what you fully need for your claim. They get away with this knowing that a lot of those who make claims aren’t informed on what their policy actually covers, as stated previously in the above paragraph. They know you need the money, and will count on their hopes that you’ll just take whatever they’ve offered because of that fact.

Another questionable way insurers will attempt to get out of paying on your claim is by tricking you into signing forms that could void your ability to get compensation, or inhibit your ability to get compensation. These forms may have fine print on them that if you sign, you could be unknowingly waiving your rights to any recovery or unknowingly admitting fault for a crash. This is another majorly important reason to hire a lawyer. Never sign any forms given to you by an insurance company after an accident without having an attorney review them with you. You may severely damage your ability to get compensated for your damages.

Suppose you are able to make a claim for an accident in Michigan regarding no-fault PIP benefits, with your insurer. They may then allege that you’ve misrepresented something when you applied for insurance, or misrepresented something involving the drivers in your household, or something about the vehicles listed on your policy. Increasingly this is being seen in Michigan, where insurance companies will say there was a material misrepresentation by their insured, and then argue that this constitutes fraud.

By alleging fraud, they will argue they do not have a responsibility to pay out any benefits. Worst of all, when they’ve alleged the material misrepresentation and fraud, they may void your entire insurance policy based on their assertions. When they’ve done this, they’ve effectively rescinded your entire policy, making it as if your policy never existed at all, and using that fact to declare they have no responsibility to pay your claim.

Insurance policies are contracts, and frustratingly, insurance companies have increasingly been able to get out of paying benefits since courts must follow the language of contracts. This means that if you’ve simply forgotten to include one piece of basic info on your car insurance, the company can get out of paying. In this situation it is imperative you hire an attorney and provide them with all insurance documentation, correspondence, e-mails, etc., so they can assist you in fighting the allegations made by your insurance company.

How To Deal With An Insurance Company After An Accident Claim

  1. Limit your interactions with the insurance company. Assume every call, e-mail, etc. is recorded and used when deciding your claim.
  2. Similar to the above, do not chat with the insurance adjuster. Their job is to find ways to avoid paying claims, not matter how friendly they may seem.
  3. Do not sign any forms or releases given to you by the company, without consulting an attorney first.
  4. Do not accept an initial settlement offer from the company, especially without knowing the full extent of your damages.
  5. Do not agree to give recorded statements without an attorney.

You should expect to be treated fairly by your insurance company, but oftentimes this is not the case. The insurance company will absolutely be looking for ways to limit the amount of money they pay out for your claim if not denying it outright. It’s important to retain an attorney once you’ve been in an accident, so you can successfully navigate the process of having your damages covered, with ease.

 

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Medical Malpractice: Surgical Objects Left Inside Patients Due To Negligence

Medical Malpractice: Surgical Objects Left Inside Patients Due To Negligence

In the U.S., up to 6,000 people who have surgery wind up with surgical objects left inside of their bodies once sewn up. Some estimates even range between 1 in every 1,000 surgeries, with some hospitals reporting objects left inside patients once every three months! Most commonly, patients find themselves with needles or sponges left behind. Additionally, a lot of items left inside patients may include scalpels, masks, clamps, gloves, forceps, as well as other typical surgical instruments. Due to this sort of negligence by medical providers, these patients may experience health issues (sometimes permanent) caused by the objects having been left inside their bodies.

People who are left with these implements in their bodies are then at risk for experiencing serious medical issues, from infections, fever, swelling, or even damage to their internal organs. In the most severe cases, death can result. In the mildest cases, a patient may never notice the object, and never experience any issues. This commonly occurs in those who may be overweight or obese, or when a surgery requires multiple surgical teams. It can also happen when there are unexpected changes or occurrences in a surgery, e.g. greater loss of blood could mean needing more sponges, which could increase the risk that sponges are left behind in someone’s body.

Every single occurrence of objects being left behind is due to human error, whether it be fatigue, distraction, or failure on the part of a nurse tracking surgical instruments being used. If a surgical object is left inside someone’s body, injuring the patient, the patient may have grounds to sue on the basis of medical malpractice. Medical malpractice is a licensed medical professional’s failure to meet the standard of care of a reasonably prudent professional of similar training under similar circumstances. The medical professional is liable to a patient for damages when the professional’s malpractice causes the patient to suffer injury or loss.

If you have been affected by a medical professional’s negligence, and have had a surgical object left inside your body, and it has caused you to suffer injury, you may be able to sue for medical malpractice. It is imperative to contact an attorney as soon as this medical error is detected as medical malpractice suits can be very complex and can require extensive research before filing. Additionally, medical malpractice suits require a lot of fact-finding before they can be filed, such as finding and retaining expert witnesses, and following stringent procedural requirements like preparing documents that are specifically required in medical malpractice lawsuits. This is why it is very important to contact an attorney as soon as possible when you think you may have legal recourse, as medical malpractice injury lawsuits have a statute of limitations (a deadline which a case must be filed before) of two years.

 

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Social Security Disability: How An Attorney Can Help You

Social Security Disability: How A Lawyer Can Help You

Applying for Social Security Disability can be a frustrating task. This is especially true for Michigan, ranked in the top 10 states for having the most residents waiting for an answer on their SSD whether it be approval or denial, and then subsequently waiting for an appeal if denied. Having a lawyer can help you get through this process much smoother since they understand the ins-and-outs of applying for benefits.

They can help you gather and organize all of your information that you need for your application, including your medical records, income, and work history. They also will help you in understanding your eligibility and give you a better chance of maximizing the benefits you may receive. They will minimize the potential for errors on your application, which otherwise could delay your benefits or result in a denial. With this assistance, it may help you receive your benefits sooner due to the process being streamlined by your lawyer.

At MichiganLawsuit.com, we can assist you with your Social Security Disability process, and support you if you need help with appealing a denial. Give us a call at 1-855-LAW-MICH to get started.

 

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What If I Was A Passenger In A Car Crash?

What If I Was A Passenger In A Car Crash?

In 2019, there were 630,665 occupants of vehicles involved in crashes across Michigan, up 0.7% from the previous year. This includes not only drivers, but passengers as well. If you are injured in a car accident where you are not the driver, it can be confusing to figure out which insurance company is responsible for paying benefits. At a time where stress is running high, our skilled office can help you navigate the issues presented by being injured as a passenger in a Michigan car crash.

Different types of crashes can affect how you may be able to recover lost wages or medical expenses, among other damages. If you were a passenger in a single-vehicle crash, for example, you may be able to hold the driver responsible, depending on the situation. If you were a passenger in a vehicle crash involving another driver, you may be covered under personal injury protection (PIP) through Michigan’s “no-fault” system. In other situations where you may have been injured, such as bus, Uber/Lyft, an employer-provided vehicle, there may be some exceptions that apply, and it is best to consult with someone regarding making a claim.

We at MichiganLawsuit.com understand that figuring out how to proceed in these situations can be daunting, especially after suffering from injuries due to a crash. Give us a call, we can help.

Premises Liability And Injuries On Your Rental Property

Premises Liability And Injuries On Your Rental Property

Here at MichiganLawsuit.com, P.C., we service a wide variety of needs when it comes to filing your lawsuit. This includes representation for personal injuries related to accidents occurring on your rental property. Landlords have a duty to provide you with a safe environment, but some cut corners and this can lead to you, the tenant, suffering harm due to their negligence. If this happens, you may have a case to seek compensation for your damages. Landlords must keep their rental properties in reasonable repair and fit for living in per Michigan law, and it is an “implied warranty of habitability,” which means that this does not  have to be stated in your rental contract. Landlords must understand that this is an obligation regardless of whether or not it is in your lease that they must maintain the property.

Landlords have a responsibility to maintain the home, or, in the case of an apartment, the individual apartments, commons areas, lobbies, pools, clubhouses, etc. They’re responsible for multiple areas of your rental, including:

  • Hot and cold water and heat, plumbing, electrical, ventilation, HVAC systems;
  • Roofs, walls, floors, stairs;
  • Extermination of pests if present;
  • Prevention and/or removal of potentially hazardous materials in the environment (lead, mold, asbestos, etc.);

This is not an exhaustive list, there is plenty more that a landlord is responsible for. Additionally, under Michigan law, landlords have to report any hidden issues that are potentially hazardous and can cause injury or illness, such as the existence of lead-based paint, asbestos insulation, etc. If they fail to disclose this sort of information, they may be subject to fines, and if someone is injured as a result of these kinds of issues, they could be found liable. They are also required to correct these hazardous conditions that affect habitability and threaten the safety of you and your family. A simple disclosure of the issue on the premises is not enough. Once they’re aware of it, they must take necessary steps to mitigate the issue. However, they must be made aware of any new, potential issues that could cause injury. For example, if you as a tenant are aware of dangerous conditions inside your rental that could cause injury, but fail to request a repair or tell your landlord, and a home visitor is injured, you may be held liable instead of the landlord.

Premises liability factors in here, as the injury has resulted from an unsafe condition on a property that is not theirs. In order to consider filing a lawsuit of this manner, certain conditions have to be in play: the person being sued must keep the premises free of potentially hazardous conditions, they must have failed to meet this obligation, the injured party’s injuries must be a direct result of the negligence of the person being sued, and they must have suffered damages as a result of these injuries. For example, if your wooden stairs in your rental are in disrepair and have broken floorboards, and you injure yourself going down those stairs due to the broken floor boards, you may have a case. The damages in these cases must be significant meaning, a bump, cut, or bruise is not enough to file a premises lawsuit. The damages must be more along the lines of work loss, pain/suffering, or medical bills. Typically, the person who is liable in these cases are a company who maintains control of the property, or an individual who may be the owner.

 

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MichiganLawsuit.com, P.C. Can Help You With Your Lawsuit Needs

MichiganLawsuit.com, P.C. Can Help You With Your Lawsuit Needs

Are you searching for an attorney? Have you been injured in a car accident, or are seeking help with a denied disability claim? Maybe you’ve experienced an injury at work, or perhaps you’ve suffered from legal malpractice. Regardless, our skilled office can help you, and will investigate your lawsuit for you without a fee unless you receive money.

We specialize in representing clients who have suffered serious injuries or losses caused by negligence, accidents, or mistreatment by others. Our office will investigate how and why the injury happened, gather evidence, question relevant witnesses, build your case with expertise while keeping you informed with each step.

Our office will do everything to maximize your money damages award, between retaining expert witnesses, contacting doctors, or employers or obtaining records to build your case. We are thorough in building your case, obtaining driving records of at-fault drivers, accident scene evidence, witness statements, building records of dangerous properties, and more.

Do you live outside of the Metro Detroit area? Fear not, attorney Ross M. Gilders provides excellent legal representation anywhere in the State of Michigan, whether you’re in Grand Rapids, Traverse City, Flint, or even the upper peninsula. He will advocate for you and fight for you to maximize the value of your lawsuit.

 

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August 2021: Michigan No-Fault Updates

August 2021: Michigan No-Fault Updates

At MichiganLawsuit.com, P.C., we probably are beginning to sound like a broken record continuing to discuss the Michigan No-Fault laws, and how they affect you. However, it is important to recognize the very real consequences of these changes. In this article, we will take a look at some of these changes, including those that went into effect on July 2, 2021. 

Provider Fee Caps Explained

Prior to the changes the new Michigan No-Fault laws brought about, there were no fee schedules of regulation of provider charges. Per MCL 500.3107(1)(a) and MCL 500.3157, any charges just had to be “reasonable and customary.” However, on July 2, 2021, the amended §3157 went into effect, creating significant fee caps in two main areas: Medicare payable services, and non-Medicare payable services. For services payable under Medicare, during the first year the fee cap is set at 200% of the amount payable by Mecicare during the first year. As time goes on, however, this fee cap decreases, beginning at 195% of the amount payable by Medicare during the second year and 190% in the third year. Even so, there are still exceptions for a few certain hospitals, where the base rate cap can be as high as 250% of the amount payable by Medicare. Keep in mind, though, that these are fee caps and not fee schedules, which means that an insurer may still argue that the amount being claimed is unreasonable even if it is within the cap. 

Where we find ourselves in the weeds with this change is with the non-Medicare payable services. Attendant care services provided by home care agencies, long-term rehab facilities, family members, etc. are not covered under Medicare. These services, among other non-Medicare payable services, now have a 55% cap on the provider charges. This is going to devastate home care agencies and facilities like it, and the providers, being that most cannot afford a 45% reduction in charges. For example, a home care health agency may charge roughly $26 per hour, where the employees are paid $12-$14 an hour from that, $12-$14 goes to other overhead such as insurance, lease expenses, utilities, etc. Obviously, being a business, they would also want to turn a profit, keeping whatever is left over after taking care of the aforementioned expenses. With the new fee cap, that $26 is knocked down to $14.30 an hour. These businesses would then be completely unable to cover the cost of employees or overhead, let alone make anything for themselves. Because the legislative effort to change this has failed, there are other avenues being explored regarding being able to get these services paid for, such as the possibility of forming new corporate entities, that did not exist in January 2019. The language of §3157(7) discusses only charges that existed in January 2019. Thus, it is a potential possibility that new entities will revert to the prior “reasonable and customary” standard of §3157(1).

Attendant Care Benefits: Limits, Family as Providers

In workers comp law, family provided attendant care is limited to 56 hours per week, which has now also been adopted by §3157(10). However, it seems that insurers and the Michigan Catastrophic Claims Association (MCCA) have been paying the reasonable value of family-provided services, without a 45% reductions, and it also appears that they may be okay with family members serving as the de facto provider to those who need care. This means they may not limit the care to 56 hours per week, and pay for up to 24 hours per day (168 hours weekly) of family provided attendant care. They would pay the family to provide the care, which includes the family being able to provide non-relatives as caregivers. This is permitted under §3157(11), and while the commercial, independent agencies are suffering from cuts, this may mean the family can provide and/or purchase the care their injured family member needs. 

 

Resources:

 

 

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Attendant Care Benefits and New Michigan No-Fault Changes

Attendant Care Benefits and New Michigan No-Fault Changes

July 1 is quickly approaching, and the concerns about No-Fault law changes continue to rise. Under the new change in the law, attendant care facilities, home health, and rehabilitation care facilities are to reduce their fees by 45%, which could cause many to close their doors. This leaves the population of Michigan with catastrophic injuries at a major risk.  These providers would likely be unable to provide adequate services with reduced rates. Additionally, the reduction in benefits is retroactively being applied to already existing claimants, which is likely unconstitutional. 

In addition to the fee reduction, there is a 56 hour per week cap on family or friend provided attendant care put into effect, which comes out to 8 hours per day of care. This means No-Fault insurance companies will only be required to pay for 56 hours per week, instead of the unlimited hours they were required to pay for prior to the change. A person who is injured is likely to need round-the-clock care, and now the person providing that will only be paid for 8 hours of their time per day. Notably, an attorney may be able to negotiate with the No-Fault insurance company to reach an agreement that they will continue to pay for the family-provided care that would exceed the 56 hour limit, due to the fact that it would be significantly less expensive for the insurance company to pay the family member vs. 24/7 commercial attendant care.

Gov. Gretchen Whitmer has urged Michigan’s legislative leaders to make changes to the law before the end of June to prevent the impending issues that will occur from these changes. However, it appears that the Michigan legislature is in no hurry to fix these laws as to protect the catastrophically injured, and instead are waiting to see what happens regarding the fee schedule changes. Some lawmakers have shown concern regarding the new changes, and have expressed willingness to amend the law. Use our resources below to contact your lawmakers and urge them to make these changes before July 1. 

 

Resources:

More Changes To Michigan No-Fault Law Coming July 1

More Changes To Michigan No-Fault Law Coming July 1

Michigan’s No-Fault law has more coming to it, and it’s not all good. As of July 1, businesses who provide care to Michigan’s catastrophically injured people, such as attendant care, home health care, or rehabilitation care, must reduce their fees by 45%. These care establishments will be taking such a large hit that many may not be able to survive, therefore not only putting their employees out of work, but also removing the necessary daily care these Michiganders need in order to thrive. All of this has been done in order to lower car insurance rates in Michigan, which has not yet proven effective considering most still pay hundreds of dollars a month or more for their insurance premiums. According to a study cited by the Michigan Brain Injury Provider Council (MBIPC), 8 out of every 10 rehabilitation care facilities will close.

This will force Michigan’s victims of traumatic brain injuries and spinal cord injuries to have to find their own attendant care, and not only that, but have to survive with even less of it. Proponents of this auto insurance “reform” and insurance companies push that these people can just go where Medicare covers their care. However, with so many of these businesses having to shut their doors on their patients, that leaves these victims few choices for what they can do to get the help they need. The MBIPC suggests that a “Statewide survey finds 6,000 accident victims expected to lose care and 5,000 health care providers to lose jobs if House Bill 4486 is not passed.” This survey was done on more than 110 brain injury rehabilitation providers, and according to the MBIPC survey, will be “forced to lay off thousands of workers, discontinue catastrophic care for thousands of auto accident patients, and potentially go out of business, if House Bill 4486 isn’t passed well before July 1.

Under the new no-fault auto insurance reform that passed in 2019, services such as attendant care, home health care, rehabilitative care, etc., that do not have a corresponding Medicare code, must cut their reimbursements by 45%. House Bill 4486 contains a technical fix to this part of the legislation, proposing limits on how much post-acute care providers can bill, but also enabling these care providers to remain in business and supply the care to the patients they serve. Senate Bill 314 also allows for a fix to this portion of the law. In order to prevent devastating consequences, the people of Michigan must let their state representatives and state senators know that they want these two bills to pass well before July 1, and the deadline is fast approaching with the legislature breaking in a few short weeks. Call and e-mail your senators and representatives, and tell them that you want House Bill 4486 and Senate Bill 314 passed as soon as they can possibly do it, to get this portion of the law fixed.

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