Bad Accidents in michigan

Bad Accidents

Since 1968, the Sam Bernstein Law Firm, a leading Michigan personal injury law firm, has represented Michigan accident victims with a wide variety of Michigan accident legal claims.

At the Sam Bernstein Law Firm, we bring the significant academic and professional accomplishments of highly qualified trial lawyers to work on behalf of our clients. Our Michigan personal injury attorneys have a combined total of over 250 years of experience fighting for clients injured in Michigan accidents.

Our Michigan law firm has helped over 100,000 clients and recovered over $500 million in lawsuit verdicts and settlements.

Video: Learn more about the Sam Bernstein Law Firm and our commitment to Michigan personal injury clients.

Just click on any of the types of cases or injuries below, to find out more about how we can help you with your legal claims.

Michigan Car Accidents
Michigan Truck Accidents
Michigan Pedestrian Accidents
Michigan Motorcycle Accidents
Michigan Boat Accidents
Michigan Bicycle Accidents
Airplane Crashes
Cruise Ship Accidents
Michigan Slip and Fall Accidents
Michigan Dog Attacks

Bad Accidents in michigan

Bad Accidents

Since 1968, the Sam Bernstein Law Firm, a leading Michigan personal injury law firm, has represented Michigan accident victims with a wide variety of Michigan accident legal claims.

At the Sam Bernstein Law Firm, we bring the significant academic and professional accomplishments of highly qualified trial lawyers to work on behalf of our clients. Our Michigan personal injury attorneys have a combined total of over 250 years of experience fighting for clients injured in Michigan accidents.

Our Michigan law firm has helped over 100,000 clients and recovered over $500 million in lawsuit verdicts and settlements.

Video: Learn more about the Sam Bernstein Law Firm and our commitment to Michigan personal injury clients.

Just click on any of the types of cases or injuries below, to find out more about how we can help you with your legal claims.

Michigan Car Accidents
Michigan Truck Accidents
Michigan Pedestrian Accidents
Michigan Motorcycle Accidents
Michigan Boat Accidents
Michigan Bicycle Accidents
Airplane Crashes
Cruise Ship Accidents
Michigan Slip and Fall Accidents
Michigan Dog Attacks

By Steven GurstenMichigan Lawyer of the Year Best Lawyers in America Top 100 Trial Lawyer Voted in top 100 out of over 48,000 Michigan lawyers President, Motor Vehicle Trial Lawyers Association Past-President, AAJ Truck Accident Lawyer Group Michigan Super Lawyer FREE CONSULTATION (800) 777-0028 Quick Links Categories Archives Blog Roll Former insurance consumer advocate blasts so-called No-Fault insurance “reform”

Butch Hollowell points to lack of savings, increased financial burden on taxpayers, loss of vital insurance protections
Former Insurance Consumer Advocate for Michigan, Melvin Butch Hollowell, made a compelling case for why so-called “reform” of Michigan’s No-Fault system was bad for Michigan drivers in a recent column in The Detroit News.

First and foremost, Mr. Hollowell emphasized that elimination of the No-Fault’s guarantee of unlimited medical benefits for seriously injured auto accident victims would not result in savings for Michigan drivers:

“Under cross-examination before the House Insurance Committee, insurance industry leaders admitted that their proposal to cut injury benefits would not lower insurance rates.”

As such, No Fault reform would yield the unacceptable result that Michigan drivers are “giving up our life-saving auto insurance benefits without receiving any cost reductions in return.”

Second, Mr. Hollowell points out that not only will No-Fault reform fail to deliver savings to Michigan drivers, but it will cost them and all taxpayers more money:

“[I]nsurers did not deny that capping auto injury benefits would shift the costs of caring for more severely injured accident victims onto the Medicaid system, costing state taxpayers millions more each year.”

Mr. Hollowell went on to list the improvements to the No-Fault system that would truly make a difference for Michigan drivers in terms of both affordability and savings:

The Michigan Catastrophic Claims Association, which contributes to high auto insurance prices through its annual per vehicle assessment, must be made more transparent to the public by removing its exemption from the Michigan Freedom of Information Act and Open Meetings Act.
The Michigan Insurance Commissioner should be empowered legislatively to regulate the prices that insurance companies charge for auto insurance.
Abolish “the unfair practice of using credit scores to set auto insurance rates …”
All of Mr. Hollowell’s points are correct. It is a message that the lawyers here at Michigan Auto Law fully agree with, and that we have shared in recent years while serving as President of the State Bar of Michigan Negligence Section and the Michigan Association for Justice.

Let’s just hope lawmakers are listening to more than just the political donations from Michigan’s auto insurance companies.

- Steve Gursten is an experienced insurance lawyer at Michigan Auto Law, Michigan’s largest law firm specializing in serious automobile accidents. Steve wrote the book, Guide to Michigan No-Fault Law.

Michigan Auto Law is the largest law firm exclusively handling car accident, truck accident and motorcycle accident cases throughout the entire state. We have offices in Farmington Hills, Detroit, Ann Arbor, Grand Rapids and Sterling Heights. Call (800) 777-0028 to speak with one of our lawyers.

Lawyer predicts bus accidents to skyrocket in Detroit and Michigan after Seldon ruling

Bus passenger pinball? Court rules buses have no duty to protect wheelchair-bound passengers
This may be my winner for worst decision of the year for 2012. In Seldon v. Suburban Mobility Authority for Regional Transportation (SMART), the Michigan Court Appeals ruled that SMART buses in Detroit have no obligation to secure wheelchair passengers, or even to inform these passengers of safety features so they can protect themselves.

The Court identified two incredibly outrageous reasons for why wheelchair-bound passengers like Ruby Seldon cannot sue SMART bus for injuries suffered as SMART bus passengers:

SMART bus has “no duty to secure [wheelchair passengers] using a personal restraint such as a seat belt or shoulder harness …”
SMART bus has “no legal duty to advise [wheelchair passengers] of the availability of a shoulder restraint [or shoulder harness] or [seat] belt.”
Accordingly, under the two-judge majority opinion in Seldon, when a SMART bus slams on the brakes, thereby causing a wheelchair-bound passenger to be “ejected from her wheelchair” and “sustain[] bilateral ankle fractures,” which is what occurred in Ruby Seldon’s case, the injured wheelchair passenger can forget about suing to hold a SMART bus and its driver accountable for negligence.

The dissenting judge in Seldon concluded that, at a minimum, SMART bus “owed [wheelchair-bound passengers such as Ms. Seldon] a duty to advise … of the availability of a seatbelt [and/or shoulder restraint] …”

She pointed out:

The U.S. Department of Transportation’s interpretation of federal regulations “exhorts the public transportation authority’s personnel to ‘ensure that a passenger with a disability is able to take advantage of the accessibility and safety features on vehicles.’ This arguably includes apprising the passenger of the existence of the accessibility features, as a passenger cannot take advantage of a feature of which she is unaware.”

Related information:

SMART bus tactics for avoiding accident liability

– Steven Gursten is recognized as one of the top bus accident lawyers in the country. He is head of Michigan Auto Law and also a founding member of the Truck Accident Attorneys Roundtable, where he works on serious bus accident cases from around the country. Steve is past president of the American Association for Justice (AAJ) Truck Accident Litigation Group, and is a member for the AAJ Bus Accident Litigation Group. He was named a Michigan Lawyers Weekly Leader in the Law for his work to promote national truck and bus safety.

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit to better serve you. Call (800) 777-0028 for a free consultation with one of our bus accident lawyers

auto accident attorneys at Michigan Auto Law different

Before you talk to another personal injury lawyer, see what makes the auto accident attorneys at Michigan Auto Law different.

“Michigan's largest law firm completely specializing in serious automobile accidents”

- Michigan Lawyers Weekly

At Michigan Auto Law, our lawyers practice exclusively in helping people who've been hurt in car accidents , truck accidents and motorcycle accidents in the state of Michigan.

We understand that an auto accident can cause pain and sleepless nights. You may be too injured to return to work, and wondering who will pay for your medical bills or car damage. Maybe your insurance adjuster is giving you the run around and you're not sure of your No-Fault insurance rights.

Michigan Auto Law can help get your life back on track. Here, you will always be treated with the utmost respect, compassion and consideration. Our auto accident attorneys are only paid if we win your case. More than 98 percent of our lawsuits resolve in substantial settlements, because our focus is combined with an excellent trial record that defense attorneys pay to avoid, including the top-reported auto accident jury verdicts and settlements in Michigan.

Below, our personal injury lawyers have organized car accident, truck accident, and motorcycle accident legal resource centers to help you better understand Michigan's auto laws and your legal rights if you've been injured.

Do I need a Michigan car accident lawyer?

Car Accident Lawyer Blog
September 10, 2012: Beware of Smart key hazards causing injury and carbon monoxide poisoning
If you've been injured in a car accident in Michigan, you may be asking yourself, "Do I even need a lawyer in my situation?" Having the right car accident lawyer makes an enormous difference, not only in higher settlements, but in protecting your legal rights. Know the clock is ticking after a car accident. Michigan has a very strict one-year time limit for auto accident victims to recover important No-Fault insurance benefits like medical bills and wage loss. Call Michigan Auto Law at (800) 777-0028 for a free consultation.

Why hiring an experienced truck accident attorney in Michigan is critical

Truck Accident Lawyer Blog
September 12, 2012: Lawyer predicts bus accidents to skyrocket in Detroit and Michigan after Seldon ruling
Many large trucking companies have deep pockets - and they use them to avoid responsibility after they've caused preventable truck accidents. For instance, motor carriers often employ rapid response teams that arrive at the scene of a serious truck crash within hours, aiming to minimize damaging evidence. Trucking companies in Michigan can also legally destroy critical evidence if they don't receive notice to preserve it in time. That's why it's important to speak with an experienced truck accident attorney now.

Michigan motorcycle accident lawyers

Motorcycle Accident Lawyer Blog
September 8, 2012: Why rise in motorcycle accident deaths hasn’t made for tougher motorcycle helmet laws
Motorcycle accidents in Michigan can present special challenges for crash victims and their lawyers: Under Michigan's No-Fault insurance laws, a motorcycle is not considered a motor vehicle. Still, there are exceptions that allow a person injured in a motorcycle accident to recover No-Fault insurance benefits and compensation for pain and suffering. Our motorcycle accident lawyers can help you.

How Michigan's No-Fault law works...

No-Fault Insurance Lawyer Blog
September 11, 2012: Former insurance consumer advocate blasts so-called No-Fault insurance “reform”
If you've been in an auto accident in Michigan, there will almost always be three potential sources for legal recovery:

The first-party claim for Michigan No-Fault insurance benefits,
The third-party claim for pain and suffering against the negligent driver who caused the car, truck or motorcycle accident and,
The claim for vehicle damage, known as the Michigan mini-tort.
You're not alone... Our attorneys can help

Michigan Auto Law has helped people who were told they had no case by other lawyers, or that their case was too old. We invite you to read client testimonials or watch videos from real auto accident victims whose lives we helped change.

To better serve you, Michigan Auto Law has office locations in Farmington Hills, Sterling Heights, Detroit, Ann Arbor and Grand Rapids. Call (800) 777-0028 for a free consultation with an auto accident lawyer. You can also use our consultation form. Our top-rated accident attorneys are here for you - anytime you need us

Michigan Pedestrian Injury

Pedestrian Injury

Pedestrian deaths are second only to occupant deaths in vehicular accidents. While crossing the street is a skill everybody learns, it is not something that can be taken for granted. Every year, thousands of pedestrians are injured. If you are injured, you may be eligible for compensation for your injuries. Be sure you get all the information you can about the accident. Secure any evidence available, find out the names and contact information of witnesses, and get the names and insurance information of the driver involved. Witnesses are especially important to furnish evidence as to whose negligence caused the injuries. In general, pedestrians have the right of way. You will be questioned as to whether you used due care in crossing, used proper crossing locations, etc. You may want to contact an attorney to assist you.

michigan Settlements

Settlements

INSURANCE UNDERPAYMENT Oakland County, Michigan
$360,000 dollars First-Party No-Fault claim against Allstate Insurance Company for underpayment made to a paraplegic regarding family provided attendant care.
NEGLIGENCE Oakland County, Michigan
$2.1 million dollars Tenant struck on the head by falling brick at an apartment complex resulting in cortical blindness and neck surgery.
AUTO ACCIDENT Wayne County, Michigan
$14.5 million judgment for catastrophically injured woman struck by an exploding manhole cover while occupying the front passenger seat of a vehicle.
BREACH OF CONTRACT Wayne County, Michigan
$875,000 settlement for failure to pay disability benefits to an insured.
PRODUCTS LIABILITY Wayne County, Michigan
$750,000 settlement for man's loss of a hand due to a defective press.
FIRST-PARTY/NO-FAULT Wayne County, Michigan
Wayne County, Michigan arbitration award based on breach of contract by automobile insurance carrier in failing to pay first-party/no-fault benefits.
MEDICAL MALPRACTICE Wayne County, Michigan
$592,500 settlement for male patient based on a failure to timely diagnose and treat infection.
AUTO ACCIDENT Wayne County, Michigan
$1.9 million settlement in third-party auto claim, for woman suffering herniated disc.
AUTO ACCIDENT Wayne County, Michigan
$300,000 settlement for woman who suffered traumatic brain injury in a rear-end auto accident.
PREMISES LIABILITY/CONSTRUCTION SITE ACCIDENT Livingston County, Michigan
$519,000 trial verdict for subcontractor injured on job site, due to lack of guardrails around open-sided floor of home under construction.
NURSING HOME NEGLIGENCE Oakland County, Michigan
$145,000 settlement for woman who suffered a broken hip after falling out of her bed.
AUTO ACCIDENT Wayne County, Michigan
$875,000 judgment for catastrophically injured man struck by an exploding manhole cover while driving a motor vehicle.
PREMISES LIABILITY Gratiot County, Michigan
$114,500 trial verdict for man suffering toxic inhalation injury at oil refinery.
PRODUCTS LIABILITY Livingston County, Michigan
$7.5 million settlement for man suffering spinal cord injury as a result of tread separation/SUV rollover.
PREMISES LIABILITY Oakland County, Michigan
$102,000 trial verdict for woman who slipped and fell at nightclub fracturing her ankle.
DOG BITE Wayne County, Michigan
$40,000 trial verdict for child suffering one-inch laceration to her buttock from dog bite.
PREMISES LIABILITY Oakland County, Michigan
$220,000 settlement for female real estate agent who fractured her ankle on a slip and fall on ice-laden stairs.
MEDICAL MALPRACTICE Wayne County, Michigan
$100,000 settlement for a man suffering from orthopedic malpractice which led to poor outcome in a forearm fracture.
FIRST-PARTY/NO-FAULT Wayne County, Michigan
$300,000 settlement for breach of contract by automobile insurance carrier in failing to pay First Party/No Fault benefits
MEDICAL MALPRACTICE Washtenaw County, Michigan
$225,000 settlement against nursing home for wrongful death after patient/resident chokes on food
AUTO NEGLIGENCE Wayne County, Michigan
$760,000 settlement against City for bus accident causing herniated disc and disability
MEDICAL MALPRACTICE Wayne County, Michigan
$337,500 settlement against hospital for failure to timely diagnose tongue cancer
MEDICAL MALPRACTICE Washtenaw County, Michigan
$137,500 settlement against nursing home for failure to supervise and assist patient/resident resulting in leg/hip fracture
PREMISES LIABILITY Wayne County, Michigan
$400,000 Trial Verdict for deliveryman who slipped and fell on a staircase injuring his shoulder/rotator cuff

femus Attorneys in michigan

Attorneys

Gerald H. Acker

Gerald H. Acker is a senior partner at Goodman Acker, P.C. Mr. Acker specializes in personal injury litigation, including catastrophic automobile negligence claims, no-fault claims, medical malpractice, premises liability and nursing home negligence. For over twenty years Mr. Acker has successfully negotiated and tried multiple million dollar claims for victims of accidental injuries. Read more
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Barry J. Goodman

Barry J. Goodman is a senior partner with Goodman Acker, P.C. He specializes in personal injury litigation with emphasis in claims involving automobile negligence, premises, liability, medical malpractice and defective products. Goodman has successfully handled claims to conclusion with multi-million dollar results, including a recent award of 14.5 Million Dollars on behalf of one of his clients. Read more
Tim Sulolli

Tim Sulolli graduated with honors from the University of Michigan-Dearborn in 1994 with a Bachelor of Business Administration. Thereafter, he attended law school at The University of Detroit-Mercy School of Law, graduating with his Juris Doctorate in 1998, and in the top third of his class. Read more
Larry Maitland

Larry Maitland graduated with a Bachelor of Arts from Purdue University, with honors, in 1999. He then attended law school at Southern Illinois University, graduating with his Juris Doctorate in 2002. Read more
Kevin Z. Komar

While at the University of Michigan, Kevin Z. Komar took a course entitled environmental law. The course focused on the rights of victims that were infringed upon by large polluting industries. Mr. Komar realized that this was the good fight that he wanted to continue. He graduated from the University of Michigan with a Bachelor of Science in Environmental Science in 1997 and immediately went onto law school at Indiana University. He worked his way through school assisting in the representation of individuals that had been deprived of their social security rights graduating and quickly being admitted to the State Bar of Michigan in 2000. Read more
Brian J. Nagy

Brian Nagy joined Goodman Acker in March, 2011, as a litigation associate, specializing in personal injury and employment litigation, with emphasis in claims involving automobile negligence, premises liability, employment discrimination and wrongful discharge. Since his admission to the Michigan Bar in 2003, Mr. Nagy's practice as a trial attorney has been devoted to representing individuals in personal injury and employment litigation matters. He has successfully represented the rights of victims in both federal and state courts, including both the trial and appellate levels. Read more
Bradley M. Peri

Bradley M. Peri graduated with a Bachelor of Arts from Michigan State University in 2006. Thereafter, he attended law school at The University of Detroit Mercy School of Law, graduating with his Juris Doctorate in 2009, in the top third of his class, and a member of the Dean's Honor Society

Negligent Security

A business owner has a duty to provide a safe place for its employees to work and its customers to visit. Since perpetrators of violent crimes are often not caught and are usually judgment proof, the victims will occasionally turn to the property owner for compensation for their injuries.

A recent study of premise security liability throughout the United States found that the main targets of these lawsuits were residential apartment building owners and hotel and motel owners.

A landowner's duty may arise when the criminal conduct of a third party is the foreseeable result of a landowner's negligence. When criminal conduct of a third party is foreseeable, the landowner has a duty to prevent injuries to invitees if it reasonably appears or should appear to them that other innocent persons may be injured on the property.

If a business is in a high crime area, the landowner may be required to take special safety measures such as hiring security personnel or installing security systems. Failure to do so may result in liability.

Michigan Accident Auto Insurance Claims

Michigan Car Accident Lawyer | Auto Accident Attorney
Michigan Accident Auto Insurance Claims
The staff of Michael Morse P.C. is always available to answer your questions or clarify any of the answers provided below. Please contact us should you need further assistance.

In Michigan, what are the various types of claims available to motor vehicle accident victims?
There are several. One is a claim against the person driving the motor vehicle that caused the accident. Another is against the owner of that vehicle. He or she may also be liable for your injuries.

There is also a "dramshop" claim. This is filed if the driver who caused the accident had been served intoxicants after being visibly intoxicated. In addition, a product liability claim is filed when a defective product may have been a proximate cause of your injury.

A medical malpractice claim occurs if a doctor caused an injury to be worse or fatal by deviating from the appropriate standard of medical care in treating the initial injury.

When you say "claim," do you mean "lawsuit"?
Pursuing a claim does not mean that you are suing anybody.

Most claims for injury involving an auto accident, motorcycle accident or tractor trailer accident are settled informally without ever having to file a lawsuit.

What are the limitations or barriers to pursuing a claim resulting from a auto accident?
In Michigan, to pursue a claim against the person who caused a motor vehicle accident, you must meet two legal requirements.

First, the other person must be legally at fault for causing the accident. Second, you must meet the threshold injury requirement: the injury must result in a serious impairment of body function or a permanent, serious disfigurement.

Does my injury have to be permanent for me to be compensated?
No. For you to receive compensation, the impairment need not be permanent.

However, as with many other facets of the law, these are very technical issues, and you should consult with an attorney to fully understand your rights.

What is the statute of limitations for filing a claim resulting from a motor vehicle accident?
In any state, there is a window of opportunity for filing a claim or a lawsuit. Simply stated, you can't wait too long after an accident to file, or you'll lose the right to be compensated.

The legal term for the rule prohibiting you from waiting beyond a specified time period is a "statute of limitation." The time period during which you must file a lawsuit changes based on the type of claim you are making.

In Michigan, you must file a lawsuit within 3 years after a motor vehicle accident for your personal injury, pain and suffering.

What other rules or laws should I know about concerning filing claims when involved in a motor vehicle accident?
There are many. Nevertheless, one of the most important is this: with some claims, you must send a notice to the party at fault for causing the injury.

Failing to provide notice may destroy the claim. Again, these are very technical issues and you should consult an attorney to be informed of your rights.

What is an Economic Damages claim?
If you are injured in a car accident, any loss of wages and expenses pertaining to medical or chiropractic treatment, rehabilitation, home and nursing care, home modifications, and travel expenses are paid by the appropriate automobile insurance company.

Michigan's No-Fault system says that "reasonable charges" will be covered. This type of claim is also referred to as a First Party claim or PIP claim.

Which automobile insurance policy covers my Economic Damages?
Regardless of who was at fault for an accident, your own automobile insurance company is the first one responsible for paying damages.

If you do not own an insured vehicle, you may use:
1) the policy of a relative you live with, and then
2) the policy covering the car you were in at the time of the accident.

If none of these apply, contact the State of Michigan for coverage through the Assigned Claims Facility. The rules for an injured pedestrian are similar.

What if I am in a motorcycle accident?
If the motorcycle had the legal required liability insurance, the responsibility rests with:
1) the insurance company of the owner, and then
2) the insurance company of the operator of the motor vehicle involved in the accident.

Owners or drivers of an uninsured motorcycle cannot make claims for economic benefits.

If the car involved in the accident was not insured, responsibility rests with:
1) the insurance company of the operator of the motorcycle, and the
2) the insurance company of the owner of the motorcycle.

If none of the above applies, contact Michigan's Assigned Claims Facility.

Once I find the appropriate automobile insurance company, how do I start my claim in Michigan?
Call the automobile insurer and request an "application for benefits" form.

You have one year from the date of the accident to send the form to the insurance company. This form should be filled out completely and accurately. If you need assistance, contact your insurance agent, or an attorney who specializes in automobile accident cases.

This form is the key to getting benefits paid. In most cases, you will not have to give a sworn statement or examination under oath. If you are asked to do so, contact an attorney at once.

What specific economic damages am I entitled to if I am injured in an auto accident?

Lost wages
Work loss benefits are payable to an injured person for three years following an accident, covering 85% of the gross lost wages. The maximum benefit is raised annually; for 2005 it is $4,293.00 per month. A doctor's disability slip and proof that you were earning a wage are required. If you were still looking for work or were temporarily unemployed at the time of a accident, you will still be able to receive benefits. If your earnings exceed the statutory maximum, then additional wages lost can usually be collected from the negligent driver's automobile insurer.

Medical Expenses
All necessary expenses that you incur for medical or chiropractic care, recovery and rehabilitation are covered, including diagnostic testing, physical therapy, psychological care and treatment, and vocational and occupational rehabilitation.

Attendant Care
Michigan Attendant Care Benefits are available for parties who have suffered a significant injury as a result of an auto accident, motorcycle accident or semi-truck accident in Michigan. When the party involved in an accident is unable to adequately care for themselves, a third party assistant may be hired to help during the injured party's time of need. The assistant chosen can be a husband or wife, child, neighbor, friend or professional. The No-Fault Insurance Company is financially responsible for the third party assistant. You will need a doctor's note and an affidavit from your caregiver to receive this benefit.

Replacement Services
You can receive $20 a day for household chores, such as cooking, cleaning, babysitting, doing errands, mowing the lawn and shoveling snow, that you cannot do as a result of the accident. The daily allowance can be paid to a spouse, child, friend or anyone else for up to three years. You will need a doctor's note saying that you cannot do these chores due to the automobile accident.

Mileage
You can receive a designated rate per mile for trips to the doctor's office, physical therapy and all other medical or chiropractic visits. Benefits are available for a lifetime. Benefits also include transportation services, if you do not have an automobile, or the purchase of a customized van, if you are in a wheel chair due to the accident.

What is required to bring a Non-Economic Damages claim (known as a "pain and suffering" claim)?
1. Another driver must be more than 50% at fault of the accident, or you are a passenger in a motor vehicle.

2. You must suffer a "serious impairment of a body function, or a serious and permanent disfigurement or death".

3. A physician must indicate that the accident was more likely than not, the cause of your injuries.

4. You must not have intentionally caused the accident.

5. You must not be the driver/owner of an uninsured automobile.

Contact us or complete our free online consultation today to find out just what you are entitled to receive and how to get maximum money for your pain and suffering.

Michigan Attendant Care Benefits

Michigan Attendant Care Benefits
Attendant Care Benefits Explained
Michigan Attendant Care Benefits are available for parties who have suffered a significant injury as a result of a car accident, motorcycle accident or semi-truck accident in Michigan. When the party involved in an accident is unable to adequately care for themselves, a third party assistant may be hired to help during the injured party's time of need. The assistant chosen can be a husband or wife, child, neighbor, friend or professional. The No-Fault Insurance Company is financially responsible for the third party assistant. You will need a doctor's note and an affidavit from your caregiver to receive this benefit.

These are benefits for persons who have a significant injury in an auto accident in Michigan involving a motor vehicle. When someone cannot take care of themselves, for example, personal hygiene, getting dressed, changing bandages, toileting, feeding, taking medications, assistance in walking, needing supervision or someone just being "on-call", the No-Fault Insurance Company will pay to have another person perform these services for the injured person. Usually these situations come up when the injured person has required some type of surgery, spinal cord injury or traumatic brain injury.

Attendant care services can last anywhere from a day to a lifetime. This benefit is paid at an hourly rate and, most often, benefits are paid for around the clock assistance, seven days per week. Michigan case law has held that a person is entitled to be paid for the attendant care even while sleeping or doing chores. Merely supervising an injured person is enough to get paid for attendant care benefits.

At what rate should the Michigan Attendant Care Benefits be paid?
There is Michigan Case Law that indicates that a family member should be paid the same rate that an agency would charge. The rate depends on the type of services being rendered. The skill level required for the services will help in determining the rate. The level starts at unskilled or supervision attendant care, to highly skilled or registered nursing level care. Rates agencies charge are anywhere from $17.00 an hour to over $50.00 an hour. Michael J. Morse will personally help you negotiate the highest rate for the services that are being performed. If a family member cannot perform the services, then Michael J. Morse will help find the perfect agency to help fill the needs of the injured person at no charge to the family.

Home Modifications for persons injured in a Michigan Car Accident:
Pursuant to the Michigan No-Fault Act, you may be entitled to home modifications to be paid for by your insurance company to make your home more accessible for the injured person. This requires a prescription from your physician indicating what type of modifications you would need. Occupational Therapists and architects who are knowledgeable in these type of cases, are very useful in determining what can be done to an existing home or apartment. Michael J. Morse will help negotiate with the insurance company or file a lawsuit against the insurance company to pay for the attendant care home modifications.

Van purchases, Van modifications and Michigan Attendant Care Transportation:
If because of your auto accident injury, your doctor feels that you need a special van or vehicle, the No-Fault Act requires your insurance company to pay for it. Michael J. Morse negotiates with insurance companies for persons suffering from spinal cord injuries who require vans with lift devices and other special requirements. When a special vehicle is needed many issues can arise such as vehicle ownership, who pays the insurance, gas, damage and routine maintenance. Allow Michael J. Morse, an expert in Michigan Personal Injury Law to help you. There is no cost for hiring a personal injury lawyer to help you with this very important step in your rehabilitation process.

Have more questions? Contact our experienced staff of Michigan car accident lawyers and ask them for free by dialing 1.855.MIKE.WINS or e-mail us. Remember, NO fees are charged until we settle your case.

Michigan Attendant Care Benefits

Michigan Attendant Care Benefits
Attendant Care Benefits Explained
Michigan Attendant Care Benefits are available for parties who have suffered a significant injury as a result of a car accident, motorcycle accident or semi-truck accident in Michigan. When the party involved in an accident is unable to adequately care for themselves, a third party assistant may be hired to help during the injured party's time of need. The assistant chosen can be a husband or wife, child, neighbor, friend or professional. The No-Fault Insurance Company is financially responsible for the third party assistant. You will need a doctor's note and an affidavit from your caregiver to receive this benefit.

These are benefits for persons who have a significant injury in an auto accident in Michigan involving a motor vehicle. When someone cannot take care of themselves, for example, personal hygiene, getting dressed, changing bandages, toileting, feeding, taking medications, assistance in walking, needing supervision or someone just being "on-call", the No-Fault Insurance Company will pay to have another person perform these services for the injured person. Usually these situations come up when the injured person has required some type of surgery, spinal cord injury or traumatic brain injury.

Attendant care services can last anywhere from a day to a lifetime. This benefit is paid at an hourly rate and, most often, benefits are paid for around the clock assistance, seven days per week. Michigan case law has held that a person is entitled to be paid for the attendant care even while sleeping or doing chores. Merely supervising an injured person is enough to get paid for attendant care benefits.

At what rate should the Michigan Attendant Care Benefits be paid?
There is Michigan Case Law that indicates that a family member should be paid the same rate that an agency would charge. The rate depends on the type of services being rendered. The skill level required for the services will help in determining the rate. The level starts at unskilled or supervision attendant care, to highly skilled or registered nursing level care. Rates agencies charge are anywhere from $17.00 an hour to over $50.00 an hour. Michael J. Morse will personally help you negotiate the highest rate for the services that are being performed. If a family member cannot perform the services, then Michael J. Morse will help find the perfect agency to help fill the needs of the injured person at no charge to the family.

Home Modifications for persons injured in a Michigan Car Accident:
Pursuant to the Michigan No-Fault Act, you may be entitled to home modifications to be paid for by your insurance company to make your home more accessible for the injured person. This requires a prescription from your physician indicating what type of modifications you would need. Occupational Therapists and architects who are knowledgeable in these type of cases, are very useful in determining what can be done to an existing home or apartment. Michael J. Morse will help negotiate with the insurance company or file a lawsuit against the insurance company to pay for the attendant care home modifications.

Van purchases, Van modifications and Michigan Attendant Care Transportation:
If because of your auto accident injury, your doctor feels that you need a special van or vehicle, the No-Fault Act requires your insurance company to pay for it. Michael J. Morse negotiates with insurance companies for persons suffering from spinal cord injuries who require vans with lift devices and other special requirements. When a special vehicle is needed many issues can arise such as vehicle ownership, who pays the insurance, gas, damage and routine maintenance. Allow Michael J. Morse, an expert in Michigan Personal Injury Law to help you. There is no cost for hiring a personal injury lawyer to help you with this very important step in your rehabilitation process.

Have more questions? Contact our experienced staff of Michigan car accident lawyers and ask them for free by dialing 1.855.MIKE.WINS or e-mail us. Remember, NO fees are charged until we settle your case.

Michigan No Fault Wage Loss Benefits

Michigan No Fault Wage Loss Benefits
Michigan No Fault Wage Loss Benefits
Work loss benefits are payable to an injured person for three years following an accident, covering 85% of the gross lost wages. The maximum benefit is raised each year.The No Fault insurance company will reimburse wage loss up to the monthly statutory maximum for 3 years after the accident. For 2009, the monthly maximum is $4878.00. A doctor's disability slip and proof that you were earning a wage are required. If you were still looking for work or were temporarily unemployed at the time of an accident, you will still be able to receive benefits. If your earnings exceed the statutory maximum, then additional wages lost can usually be collected from the negligent driver's automobile insurer.

The staff of Michael Morse P.C. is always available to answer your questions or clarify any of the answers provided below. Please contact us should you need further assistance.

If I'm in an accident and can't work, what wage-loss benefits am I entitled to receive?
You are entitled to have the motor vehicle insurance carrier pay 85 percent of the gross wages lost due to the accident.

Your inability to work must be due to your injury. This is not a lifetime benefit. It ends three years from the date the accident occurred, regardless of whether or not you're permanently or totally disabled.

Can I qualify for wage-loss benefits if I was unemployed at the time of an accident?
Yes, if you can establish that you were only temporarily unemployed you could be eligible to qualify for wage-loss benefits in Michigan.

What about promotions and raises I may have missed? Can I still qualify to get them with Michigan wage loss benefits?
You may be entitled to additional wages for any raise you would have received, or any promotion you would have gained while you were unable to work.

Is there a limit to how much I can receive with Michigan wage loss benefits?
Yes, there is a ceiling on wage loss benefits in Michigan and the insurance carrier is entitled to set off some wage loss benefits received from other sources.

What if my personal injuries require an extended time away from work?
If your disability goes beyond three years or your loss exceeds the ceiling of your benefits, you may be entitled to be compensated from the parties responsible for causing your injury.

This is referred to as a third party claim and is discussed elsewhere on this site.

Contact us or complete our free online consultation today to find out just what you are entitled to receive and how to get maximum money for your pain and suffering.

Michigan Auto Accident Vehicle Damage Claims

Michigan Auto Accident Lawyer
Michigan Auto Accident Vehicle Damage Claims
The staff of Michael Morse P.C. is always available to answer your Michigan car accident questions or clarify any of the answers provided below. Please contact us should you need further assistance.

How can I get my insurance company to pay the fair amount to repair or replace my vehicle?
The vast majority of insurance policies state that any dispute concerning the amount of payment must be resolved by arbitration. The procedures for doing so are outlined in the actual insurance policy.

To win arbitration or to avoid it, you must research the actual facts you intend on presenting. To simply state "my vehicle is worth $15,000 because that's what I paid for it" would not hold merit. You must obtain and present written estimates for the current value of the vehicle and estimates of the damage caused to it from the auto or motorcycle accident.

Get the estimates from several sources that support your position. If you can provide your insurance company with this information it is possible to receive a higher settlement without arbitration. Remember, it costs the insurance company money to arbitrate the claim. Everything is negotiable.

Another important note: In Michigan, the mini-tort rule states that the most you can recover from the person at fault for damage done to your vehicle is $500.

Have more questions? Call our experienced staff of Michigan car accident lawyers and ask them for free by dialing 1.855.MIKE.WINS or e-mail us. Remember, NO FEES are charged until we settle your Michigan car accident case.

"I think very highly of Mr. Morse’s office and would recommend them to anyone. It starts with the great feeling you get when you come to the office for the very first time and it has continued with the excellent customer service they always provided . I don’t even need to ask questions because the attorneys and paralegals are so on top of their jobs. They have always been there for me. I have a warm and friendly feeling anytime I stop in. It feels like home."

Terrence Williams
Detroit, Michigan

Michigan Car Accident Lawyer

Michigan Car Accident Help
At the Auto Accident Claim Center it is our goal to answer all of your questions about Michigan car accidents and how you can potentially seek compensation for your injuries.

If you have been injured in a Michigan car accident, please contact us by phone at 1.855.MIKE.WINS or e-mail and we will be happy to answer all of your questions at no charge. We charge NO FEES until we win your Michigan car accident case!

How The Auto Accident Claim Center Will Help:

You Pay Nothing Until Your Michigan Car Accident Case is Settled:
We won't charge you a penny, until we settle your Michigan car accident case. Your phone calls, consultation, and paperwork is prepared free of charge. Contact us today via e-mail or phone to get immediate assistance.

We Get Results for Our Michigan Accident Clients:
In 2009, we have won $30 million for our clients If you are looking to maximize the amount you recover, the legal professionals at the Auto Accident Claim Center will put their expertise to work for you and get you every penny you deserve.. Click here to see just some of the settlements we have recovered for our clients.

We Go The Distance:
Hospital visits, help with your paperwork, and complete and honest answers to all of your questions are just a part of our great service. We understand this is a difficult and confusing process. Our goal is to help make this easier for you. Click here to e-mail us and set up your free consultation.

Our Clients Have Great Things To Say:
We pride ourselves on the great number of people we have helped over the past 15 years and the kind things they have said about the work we’ve done. Click here to read our clients' own words.

We Provide Real Answers:
Our expertise in Michigan accident law and the benefits you may be entitled to is second-to-none. Below are answers to our most commonly asked questions. Remember, you can always call us toll free at 1.855.MIKE.WINS or email us anytime.

How To Determine If You Have A Case
Michigan Car Accident Vehicle Damage
Michigan No-Fault Benefits
Michigan Attendant Care Benefits
Wage Loss Benefits
Replacement Services for Household Chores
Types of Accident Claims

Remember, you pay NO FEES until we win your case, so contact us today, so we can help you, as we have so many others

Michigan Auto Accident Lawyer | Michigan Auto Accident

Michigan Auto Accident Lawyer | Michigan Auto Accident
Priority Of Michigan Auto Insurance Policies:
One rule that confuses many clients is that even if you are rear-ended or the accident is not your fault, you still must make a claim against your own insurance company. If you do not have insurance, then you must make a claim with the insurance company of a resident relative's policy, even if that person or that person's car had nothing to do with the accident. This is true for anyone involved in an accident, whether in a car, truck, or a person crossing the street. If you are driving your employer's car at the time, then your employer's insurance company must pay. If you are on a motorcycle, then the negligent driver's car insurance company must handle your benefits. This area can get very confusing, but we can help you figure out who is the responsible insurer.

Contact the law office of Michigan car accident lawyer Michael Morse for a free consultation and information on how to receive the maximum compensation from Michigan auto accidents or personal injury resulting from a Michigan car accident. Michigan car accident attorney Michael Morse will tell you what the insurance companies won't.

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No Fault Benefits For Lost Wages

No Fault Benefits For Lost Wages | No Fault Benefits
Lost Wages or Earnings - Michigan No Fault Benefits:
Work loss benefits are payable to an injured person for three years following an accident, covering 85% of the gross lost wages. The maximum benefit is raised each year.The No Fault insurance company will reimburse wage loss up to the monthly statutory maximum for 3 years after the accident. For 2009, the monthly maximum is $4878.00. A doctor's disability slip and proof that you were earning a wage are required. If you were still looking for work or were temporarily unemployed at the time of an accident, you will still be able to receive benefits. If your earnings exceed the statutory maximum, then additional wages lost can usually be collected from the negligent driver's automobile insurer.

Michigan car accident lawyer Michael Morse has been trusted by thousands of people involved in Michigan car accidents. The experienced auto accident attorneys at our firm have have helped hundreds of people involved in Michigan car accident cases. We charge our Michigan car accident clients nothing, until we settle their case. Your phone calls, consultation, and answers are provided free of charge. Call us today at 1.855.MIKE.WINS or e-mail us.

To learn more about Michigan No Fault Lost Wages Benefits, click here.

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Michigan No Fault Benefits | Michigan No Fault Lawyer

Michigan No Fault Benefits | Michigan No Fault Lawyer
Michigan No Fault Medical Benefits:
The Michigan No-Fault Law allows a person to obtain all allowable expenses, which is defined as "all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person's care, recovery or rehabilitation." These expenses usually include doctor bills, hospital bills, medication, medical equipment and rehabilitation expenses. A person seriously injured, such as a quadriplegic or paraplegic, may be entitled to additional benefits including modifications to a home or van for wheelchair accessibility. Michigan Attendant or aide care, provided by a loved one, neighbor or an outside agency, will be reimbursed at an hourly rate. My office provides free advice on Michigan Attendant Care Benefits, call us today 1.800.281.060.

Have more questions? Call our experienced staff of Michigan auto attorneys and ask them for free by dialing 1.855.MIKE.WINS or e-mail us. Remember, NO fees are charged until we settle your case.

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Michigan No Fault Replacement Services Benefits

Michigan No Fault Benefits
No Fault Benefits Explained
Anyone involved in a motor vehicle accident in Michigan is entitled to certain Michigan no fault benefits, unless they were driving a car that they owned with no insurance. Pedestrians, bicyclists, and maybe even motorcyclists are entitled to Michigan no-fault benefits. These Michigan no-fault benefits include payment of medical expenses, lost wages, household replacement services, attendant care and mileage reimbursement for travel related to medical care.

In order to receive No Fault Benefits you must complete a written Application for Benefits and submit it to the proper insurance company within one year of the date of the accident. If you do not, you will not be entitled to No Fault Benefits. Also, all written claims for No Fault Benefits must be sent to the proper insurance company within one year of the date the expense was incurred. Again, if this is not done, you will be unable to receive these benefits. This can be a very confusing area of Michigan No Fault law. The legal professionals at Michael Morse, P.C. can answer your questions anytime, on the phone or via email.

The law specifically excludes motorcycles from no-fault insurance coverage unless the motorcycle is involved in an accident with a vehicle, or other special situations. There are too many examples to give here, but a free legal consultation will be provided to you. Call us today at 1.855.MIKE.WINS or email for free answers to all of your questions.

Michigan No Fault Benefits Information

Priority Of Michigan Insurance Policies:
One rule that confuses many clients is that even if you are rear-ended or the accident is not your fault, you still must make a claim against your own insurance company. For more information on priority of Michigan insurance policies, click here.

Medical Expenses:
The Michigan No Fault Law allows a person to obtain all allowable expenses, which is defined as "all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person's care, recovery or rehabilitation." For more information about medical expenses under Michigan No Fault Benefits Laws, click here.

Michigan No Fault Benefits for Lost Wages Or Earnings:
Work loss benefits are payable to an injured person for three years following an accident, covering 85% of the gross lost wages. For more about Michigan No-Fault Benefits for Lost Wages Or Earnings, click here .

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A person may obtain up to $20.00 per day in household replacement services. To learn more about Michigan No-Fault Benefits for Replacement Services, click here .

Michigan No Fault Benefits for Mileage Expenses:
Transportation expenses incurred for the purpose of obtaining medical treatment is also a benefit that can be recovered. Learn more about Michigan No Fault Benefits for Mileage Expenses by clicking here .

Michigan No Fault Death Benefits:
In the event of death, no-fault benefits can be paid to surviving dependents. Learn more about Michigan No Fault Death Benefits by clicking here .

Have more questions? Call us today at 1.855.MIKE.WINS or e-mail us for FREE ANSWERS to your questions.

Michigan Auto Accident Lawyer

| Michigan Car Accident
Michigan Car Accident Auto Insurance Claims
The staff of Michael Morse P.C. is always available to answer your questions or clarify any of the answers provided below. Please contact us should you need further assistance.

In Michigan, what are the various types of claims available to motor vehicle accident victims?
There are several. One is a claim against the person driving the motor vehicle that caused the accident. Another is against the owner of that vehicle. He or she may also be liable for your injuries.

There is also a "dramshop" claim. This is filed if the driver who caused the accident had been served intoxicants after being visibly intoxicated. In addition, a product liability claim is filed when a defective product may have been a proximate cause of your injury.

A medical malpractice claim occurs if a doctor caused an injury to be worse or fatal by deviating from the appropriate standard of medical care in treating the initial injury.

When you say "claim," do you mean "lawsuit"?
Pursuing a claim does not mean that you are suing anybody.

Most claims for injury involving an auto accident, motorcycle accident or tractor trailer accident are settled informally without ever having to file a lawsuit.

What are the limitations or barriers to pursuing a claim resulting from a auto accident?
In Michigan, to pursue a claim against the person who caused a motor vehicle accident, you must meet two legal requirements.

First, the other person must be legally at fault for causing the accident. Second, you must meet the threshold injury requirement: the injury must result in a serious impairment of body function or a permanent, serious disfigurement.

Does my injury have to be permanent for me to be compensated?
No. For you to receive compensation, the impairment need not be permanent.

However, as with many other facets of the law, these are very technical issues, and you should consult with an attorney to fully understand your rights.

What is the statute of limitations for filing a claim resulting from a motor vehicle accident?
In any state, there is a window of opportunity for filing a claim or a lawsuit. Simply stated, you can't wait too long after an accident to file, or you'll lose the right to be compensated.

The legal term for the rule prohibiting you from waiting beyond a specified time period is a "statute of limitation." The time period during which you must file a lawsuit changes based on the type of claim you are making.

In Michigan, you must file a lawsuit within 3 years after a motor vehicle accident for your personal injury, pain and suffering.

What other rules or laws should I know about concerning filing claims when involved in a motor vehicle accident?
There are many. Nevertheless, one of the most important is this: with some claims, you must send a notice to the party at fault for causing the injury.

Failing to provide notice may destroy the claim. Again, these are very technical issues and you should consult an attorney to be informed of your rights.

What is an Economic Damages claim?
If you are injured in a car accident, any loss of wages and expenses pertaining to medical or chiropractic treatment, rehabilitation, home and nursing care, home modifications, and travel expenses are paid by the appropriate automobile insurance company.

Michigan's No-Fault system says that "reasonable charges" will be covered. This type of claim is also referred to as a First Party claim or PIP claim.

Which automobile insurance policy covers my Economic Damages?
Regardless of who was at fault for an accident, your own automobile insurance company is the first one responsible for paying damages.

If you do not own an insured vehicle, you may use:
1) the policy of a relative you live with, and then
2) the policy covering the car you were in at the time of the accident.

If none of these apply, contact the State of Michigan for coverage through the Assigned Claims Facility. The rules for an injured pedestrian are similar.

What if I am in a motorcycle accident?
If the motorcycle had the legal required liability insurance, the responsibility rests with:
1) the insurance company of the owner, and then
2) the insurance company of the operator of the motor vehicle involved in the accident.

Owners or drivers of an uninsured motorcycle cannot make claims for economic benefits.

If the car involved in the accident was not insured, responsibility rests with:
1) the insurance company of the operator of the motorcycle, and the
2) the insurance company of the owner of the motorcycle.

If none of the above applies, contact Michigan's Assigned Claims Facility.

Once I find the appropriate automobile insurance company, how do I start my claim in Michigan?
Call the automobile insurer and request an "application for benefits" form.

You have one year from the date of the accident to send the form to the insurance company. This form should be filled out completely and accurately. If you need assistance, contact your insurance agent, or an attorney who specializes in automobile accident cases.

This form is the key to getting benefits paid. In most cases, you will not have to give a sworn statement or examination under oath. If you are asked to do so, contact an attorney at once.

What specific economic damages am I entitled to if I am injured in an auto accident?

Lost wages
Work loss benefits are payable to an injured person for three years following an accident, covering 85% of the gross lost wages. The maximum benefit is raised annually; for 2005 it is $4,293.00 per month. A doctor's disability slip and proof that you were earning a wage are required. If you were still looking for work or were temporarily unemployed at the time of a accident, you will still be able to receive benefits. If your earnings exceed the statutory maximum, then additional wages lost can usually be collected from the negligent driver's automobile insurer.

Medical Expenses
All necessary expenses that you incur for medical or chiropractic care, recovery and rehabilitation are covered, including diagnostic testing, physical therapy, psychological care and treatment, and vocational and occupational rehabilitation.

Attendant Care
Michigan Attendant Care Benefits are available for parties who have suffered a significant injury as a result of an auto accident, motorcycle accident or semi-truck accident in Michigan. When the party involved in an accident is unable to adequately care for themselves, a third party assistant may be hired to help during the injured party's time of need. The assistant chosen can be a husband or wife, child, neighbor, friend or professional. The No-Fault Insurance Company is financially responsible for the third party assistant. You will need a doctor's note and an affidavit from your caregiver to receive this benefit.

Replacement Services
You can receive $20 a day for household chores, such as cooking, cleaning, babysitting, doing errands, mowing the lawn and shoveling snow, that you cannot do as a result of the accident. The daily allowance can be paid to a spouse, child, friend or anyone else for up to three years. You will need a doctor's note saying that you cannot do these chores due to the automobile accident.

Mileage
You can receive a designated rate per mile for trips to the doctor's office, physical therapy and all other medical or chiropractic visits. Benefits are available for a lifetime. Benefits also include transportation services, if you do not have an automobile, or the purchase of a customized van, if you are in a wheel chair due to the accident.

What is required to bring a Non-Economic Damages claim (known as a "pain and suffering" claim)?
1. Another driver must be more than 50% at fault of the accident, or you are a passenger in a motor vehicle.

2. You must suffer a "serious impairment of a body function, or a serious and permanent disfigurement or death".

3. A physician must indicate that the accident was more likely than not, the cause of your injuries.

4. You must not have intentionally caused the accident.

5. You must not be the driver/owner of an uninsured automobile.

Contact us or complete our free online consultation today to find out just what you are entitled to receive and how to get maximum money for your pain and suffering.