Thomas H. Bissell
1228 Woodcrest, No. 102
East Lansing, MI 48823
Tel: 517-333-1667
Fax: 517-977-0167
Click to Email: ThomasBissell@comcast.com
AUTO ACCIDENTS
PERSONAL INJURY & NEGLIGENCE
Michigan's law on negligence is all over the map. There are different standards for different types of accidents. I can only give you a few examples. Even these have exceptions and I would need specific facts to be able to intelligently discuss your particular matter. Please feel free to call or email me if you have any specific questions. Below is a discussion of a few basic issues.
Auto Accidents: In Michigan we have a no fault auto negligence law. A person may recover damages from the person who is at fault only if those injuries are quite serious or result in death.
There are two types of claims I wish to make you aware of.
First party claims are claims against your own insurance company. Third party claims are claims against the other driver, the other owner or others associated with the party at fault. For example, the employer of the negligent driver, if he was driving on company business.
First Party claims in Michigan involve your insurance policy which providesr coverage of medical expenses associated with accident injuries, damage to one's automobile, damage to the contents of one's vehicle as well as loss of wages. These, and other losses are covered under what are called first party claims. Insurance companies vary greatly on how well they take care of the people they insure. With some, taking care of these claims may not be difficult. With others, you may have to file suit. In all cases, you should talk to your lawyer to find out what your rights are and determine whether or not you are being treated fairly. For example, is a 2005 Cadillac worth 17,000.00 or is it worth $11,000.00? The condition of the car, the mileage, the accessories, the blue book and the amount of damage all come into play.
Are your claims to pay medical expenses being properly addressed? Is the insurance company refusing to pay Doctor and Hospital expenses you are entitled to saying that these are preexisting injuries. Are you being shorted on lost wages when your overtime is not compensated? Should they pay all expenses for a broken arm which was broken six weeks ago, healing nicely, but reinjured in the accident? How about the necessary prescription drugs? Does the insurance company think you can do with out them? In other words, are they trying to second guess your Doctor?.
Third Party matters involve personal injuries which were inflicted on you by another person's negligence. In order to be compensated, your injuries must result in:
Serious Bodily Impairment
Disfigurement
Death
In the cases which involve serious impairment or disfigurement the courts have on a number of occasions changed the standards or rules defining what theses are.
If you are hurt, you need to call a lawyer immediately. I recognize that it is urgent and almost always come and see my client because it is usually difficult, if not impossible, for the client to come to see me. It is important to view the scene of the accident and obtain pictures, interview witnesses while their memories are fresh and take their statements. What is done immediately after an accident can have a great deal of influence on the amount of recovery. If I can get to a negligent driver before his insurance company causes him to clam up, we may get a truthful statement from him which will be of great help in the long run.
Rather than give examples of what constitutes serious bodily impairment or disfigurement, please give me a call. Each person's situation in unique, and there is a danger in your trying to guess based on examples. If you are hurt, call.
Probably the most important matter to be addressed is that of pain and suffering. To be compensated for pain and suffering it must be remembered. One's memory does not like to recall pain and a method must be established so that it can be recalled and put before a jury if necessary. I can't stress this enough. If you are hurt, call me now.
Other negligence matters include dog bites, slip and fall, intentional or unintentional assaults and many others. They include any injury where you have been wrongfully injured. I handle all of these matters and would ask that you immediately call to discuss your individual situation.
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