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Phone: (517) 347-6900
Fax: (517) 347-2704
Most of the time, employees have no difficulties recovering from injury at the workplace. Unfortunately, there are times when your injury will be contested directly by your employer or within your state’s workers compensation process. This denial of workers comp benefits usually occurs when you have a severe injury and it’s apparent that your recovery will be costly due to high medical bills and a long rehabilitation. If this happens to you, you may benefit from consulting with a lawyer that has experience in workers’ comp litigation. This type of litigation is much simpler than injury cases and most personal injury law firms also handle comp cases.
As mentioned, the most obvious situation for consulting a lawyer is when your benefits that you deserve are being unrightfully denied. There are a few other situations where an attorney can help including when you are told to return to work when it is clearly obvious that you are not ready or capable without subjecting your injury to further damage. Another scenario injured workers often face is when they are denied for disability even though the evidence shows otherwise.
You may think that you have a good relationship with your company and/or employer, but there are still certain things you need to watch out for. Most employers have been in and out of the workers comp process and are very knowledgeable how the law works. Injured workers on the other hand usually have no experience with workers comp and don’t really know the specifics of how the laws work in their state. If your employer tries to get you return to the job with a “custom created position” then you should immediately have red flags going off in your head. Let’s say that you take this position that was created just for you since you’re not able to return to your normal position yet. You may find out a month from now that this new “position” is no longer necessary and they are getting rid of it. Now you find yourself unable to sue for the workers comp benefits you should have been receiving all along. While this certainly doesn’t happen in every occurrence, it happens often enough that you should call an attorney experienced in these types of matters. Another warning sign is if your employer sends injured workers to the same doctor and he has a “reputation” of misdiagnosing his patients. Many times these unethical doctors are more worried about a good business relationship with the employer instead of objectively diagnosing injuries.
About The Author: David M. Clark is a leading workers compensation lawyer in Lansing, Michigan with 30 years litigation experience. He is the lead attorney and founder of The Clark Law Office.
Have You Been Injured Due to Another Driver Running a Red Light or Stop Sign?
Red lights and stop lights are designed to manage traffic and keep drivers safe. Most drivers adhere to the rules of red lights and stop signs, but those who don’t can end up causing serious injuries and sometimes even fatalities. Unfortunately, many drivers disregard their own safety and the safety of others simply because they are in a hurry to get somewhere or they are distracted while driving and don’t even realize they failed to stop at an intersection. Just about everyone has run a red light or a stop sign on accident before, but some drivers that are speeding excessively or driving recklessly speed up during a yellow light and end up causing a major accident. Most accidents where a driver speeds up to avoid stopping at a red light are severe and cause serious injuries to both parties.
How Dangerous Are Car Accidents Caused By Running a Red Light or Stop Sign?
The Federal Highway Administrations claims that roughly 45% of car collisions take place at a road intersection and the cause is usually related to running a stop sign or running a stop light. This means tens of thousands of car accidents occur because a driver fails to stop at a red light or stop light and collides with another motor vehicle in the United States every year. With more and more people driving, we are dependent on red lights to keep us safe, and it only takes one mistake to cause a serious injury or fatality. Regardless of the reason for running a light, if you have been injured in a car accident due to another person’s negligence, you should talk with a Michigan auto accident attorney to make sure that justice is served and you receive the compensation that you rightfully deserve.
We Can Investigate The Accident and Preserve The Evidence
The insurance company for the negligent driver often denies any fault whatsoever, so it’s important that you contact a Michigan personal injury lawyer who routinely deals with insurance companies and will work hard to help you receive payment for your mounting bills related to the injuries you have sustained. These insurance companies have not become rich by happily writing you a check for your injuries; they fight tooth and nail to keep the money they have made, and you need an experienced attorney who knows their tricks and strategies well. The faster you retain a lawyer, the better chance we have at preserving evidence and strengthening your claim. We can hire reconstruction experts and investigators to make sure the truth is found and use this to your advantage during trial. Questioning witnesses, reconstructing the accident, and analyzing all the documents corresponding to the accident can help you get a favorable result for your case.
Get The Compensation You Rightfully Deserve
We understand that medical expenses, wage loss, and other costs related to the car accident can put you in a tough financial position and sometimes can even lead to bankruptcy if the accident was serious. You can trust us to make sure the driver does not go unpunished and that you get the compensation that you need and deserve.
States across the country have all different types of auto insurance systems, but the main 2 include what are commonly referred as the no-fault system and the tort system. I have dealt with both types of systems as my career as a personal injury lawyer since I have practiced in both Michigan (no-fault) and South Carolina (tort system). In order to give you a better idea of how the two differ, here is a made-up example to help clarify the intricacies of the laws. I feel this is the best way to express the concepts without making it too difficult to understand or becoming too confusing.
Let’s assume that there is a simple auto collision between two parties. For simplicity sakes, the two driver’s names are John and Steve. Steve is completely at fault for the accident and this is obvious to anyone at the scene including both drivers. To make this example even better, Steve’s car was not only at fault for the accident, but his car happened to damage a building/home of a third party, let’s call the owner of the building Mark. Mark was just sitting in his home when he watches Steve and his car knock through his kitchen wall. So how would no-fault law treat this incident? How would the tort-system treat this incident? First let’s establish certain losses/injuries in which you can bring a recovery and then I’ll give a short explanation of how they are treated under both types of auto insurance laws.
About the Author: David M. Clark is a practicing auto accident attorney for over 30 years. David is the lead attorney and founder of The Clark Law Office which has locations in Okemos and Lansing, Michigan.
Discovery that follows a Michigan truck accident is important to strengthen your case. Discovery is a process where lawyers obtain information from the other parties involved and can then use this information during the trial or settlement. Usually, discovery is used to collect important documents and interview key witnesses. If you have been involved in a serious truck accident, you should immediately call an experienced Michigan auto accident attorney who frequently handles cases that pertain to trucks. Truck law is much different than regular auto accident law and it is important to have an attorney who knows these differences and can handle your case uniquely.
There are many more documents that will be used during trial in a truck accident case compared to an auto accident case. Truck drivers are held to a higher standard of care compared to regular residents driving an automobile. Truck drivers are only allowed to drive so many hours during the day in order to keep fresh and make sure that their driving ability is not lowered due to lack of sleep or being tired. Many good attorneys will also try to get cell phone records for the driver in question along with all types of fuel bills, freight bills, delivery receipts, and other invoices. Many of these documents will help determine if the truck driver followed proper procedures and safety regulations. As most people know, trucks must also follow law that requires the truck to be weighed frequently. Weigh stations are located along all highways and most trucks are required to stop. A good Michigan auto accident attorney will also look into the driver history and find information that may have led to driver misconduct. Some truck companies routinely use international travel and a good defense lawyer can request access to the border crossing reports from Michigan to Canada. This can help determine the time of the accident as well as how many hours the driver has really been driving regardless of what he may say or testify to. Make sure that when you hire an attorney, he knows the intricacies of trucking accident law in addition to Michigan auto accident law.
There are many complexities dealing with a serious Michigan truck accident. Sometimes it is difficult to determine which insurance policy will actually be covering the truck driver after an accident occurs. For this reason, you should contact a Michigan truck accident attorney who routinely deals with truck accidents. It is also important to find all the corresponding insurance that will end up protecting the victim of the accident.
Truck drivers are usually contracted by multiple companies and the insurance policies for each of these companies are usually much different. Simply finding the auto insurance policy for the truck driver can be a daunting task. Looking at the background history of the trucking line can also be helpful to determine how safe their drivers really are and if they have any lawsuits against them in their previous history. You should also ask the driver if he has ever been involved in a serious truck accident before. Another good question to ask is whether the trucking company has a set of safety standards and how closely they are adhered to. A good truck accident attorney will also look into the company’s hiring policy, safety regulations, training of the driver, compensation of the driver, and how many hours he has been driving leading up to the accident. Many times, a deposition is required to gain access to the information from the trucking company.
If you would like to find some information for yourself about the particular company, you can always use the Internet to do a little investigative research. Simply visit their website or other review sites that could possibly give you insights into how they run their business. Truck accident injuries are usually severe or even result in death because of the sheer size and force of many of the trucks colliding with smaller vehicles. It is vital that you receive your proper medical expenses and any other compensation that you are deserved. Don’t let the trucking company get away with negligence; make sure that you do everything within your power to strengthen your case against the trucking company. For more information visit our page dedicated to truck accidents.
Michigan is one of 12 states in the country that have adopted a no-fault auto insurance system. This means that in most cases you end up suing your own insurance company to cover your medical expenses and other out of pocket costs. Most people assume that you are able to simply sue the negligent driver who caused the auto accident. In most states this is true, but not so in Michigan.
Many people come to us and can’t believe they have to sue their own insurance company, so we realize there is still some confusion out there on what type of cases you can bring following your auto accident. This infographic is meant to inform the reader about the different potential cases types under Michigan No-Fault Law and help residents realize how important purchasing auto insurance really is. If you found this useful please share this infographic with your friends and colleagues! For more information regarding no-fault law in Michigan, please visit our auto accident page.
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Just when you thought the Michigan Marijuana Laws couldn’t get any worse or more confusing, lawmakers gave their approval on 4 different bills which will clearly have a large impact on current card holders as well as new applicants. The bills were aimed to increase regulations surrounding the law and to “clarify” some points which many have been unclear. These bills have been going through the legislation process for months and had input from parties on all sides.
The four bills which were approved include HB 4834, HB 4851, HB 4853, and HB 4856. If you are a cardholder or thinking about becoming a patient or caregiver, I recommend taking a few minutes and looking these bills over individually. There are some major legal impacts which you need to be aware of and it’s important to keep yourself informed. Here is an outline or summary of what the major two bills cover and how they might effect you. I plan on putting up another blog post about the other two bills in the next week or so.
The first Bill which I will discuss is HB 4834. Essentially this bill deals with the logistics of applying and reapplying for a medical marijuana card. The state of Michigan has found that their current process for reviewing applicants is too slow and as a result there is a major backlog of applications which is causing some major headaches. To resolve this issue, the state now will require a driver’s license or some form of identification provided by the state of Michigan. They are also changing the term limits of application. It used to be that you have to apply every year and they are now only requiring it once every two years to reduce the amount of paperwork/labor. The two most controversial points include allowing the state to sub-contract to private firms which will take the load off of processing medical marijuana cards. On top of this, this bill also allows the Dept. of Licensing and Regulatory affairs access to the marijuana registry. The instructions include giving out information to police in order to verify whether someone is a cardholder. Seems like the more people with access to this list the less private it really becomes, but that’s probably the goal anyways.
The other major bill (HB 4851) makes changes to the patient-doctor relationship by requiring a “bona-fide” relationship. This language is confusing in itself and once I again I recommend reading the bill closely as this topic requires another blog post in itself. This also makes changes to how medical marijuana should and has to be enclosed. I have no problem with the enclosure portion of the bill as long as the police and authorities stay consistent. It’s not that hard to make sure it’s locked and only authorized people have access. Now here’s the kicker. If you have been convicted of any type in the past decade or been convicted of a drug felony…..ever, you are no longer legally able to become a caregiver. So what happens the currently registered users who now fall under this new category? Unfortunately, you are not grandfathered in and you must stop providing for your patients regardless of the conditions of your patients and situation.
David M. Clark has been practicing law in the State of Michigan for over 30 years. The Clark Law Office has been helping protect the medical marijuana community since it’s inception. If you have been charged with a marijuana crime in Michigan, give our medical marijuana attorneys a call today for a free consultation by calling (517) 347-6900 today.
Michigan is a no-fault state, but it also provides what is called limited property damage for all drivers in Michigan. This limited property damage is also referred to as a mini tort claim. The purpose of this loophole is to help drivers pay for damage done to your own vehicle, but unfortunately this protection is extremely limited in nature. As you probably already know, your own insurance company is responsible for paying your first party benefits which include wage loss, medical expenses, attendant care, medical mileage, and replacement services. But what about the damage sustained to your vehicle? Who is going to pay that? The mini tort is a way for drivers to recoup a small amount from a negligent driver’s insurance coverage to pay for damage done to your vehicle, up to a maximum of $1000.00.
If you are less than fifty percent at fault for the accident, you are able to file a mini tort claim against the driver is more than 50% at fault. This claim can be made by a driver who is not at fault for the vehicle accident in Michigan. There are a few restrictions and conditions which you must meet in order to bring this claim successfully. These conditions include
Many drivers are confused by all the requirements and conditions, so here is an example to make this easier to understand. For example, imagine that you were involved in a semi-serious auto collision which damages your vehicle substantially. It is determined that the other driver is 80% at fault for the accident, this is just a simple example; proving the other driver is at-fault can sometimes be difficult. The first thing you would be required to do is prove how much actual damage was done. This can be done by an adjuster or of course a car mechanic. Let’s say you take your car to a repair facility and they determine the total amount of damage is $2500.00. Finding the amount you can recover is now pretty straightforward. Simply take the amount of damage and multiply it by the percentage the other driver is at fault. In this case you take the $2500 and multiply that by 80%. That amount comes to $2000 which you are entitled to. Unfortunately, the maximum allowable amount that you can recover is $1000. Even though you should be given $2000, you will only collect $1000 in these set of circumstances. Many drivers feel this is unfair, but it’s just the reality of the no-fault law which has been established. For more information about auto accidents in Michigan, check out this page. If you need help with your mini-tort claim, contact us today for a completely free consultation.
In Michigan, a third party case is against the driver that was negligent in causing the accident and the injuries that were sustained during the accident. 3rd party benefits are referred to as a non-economic loss. However, because we have a no-fault law in our state, not every driver is entitled to sue the person who caused the accident. There are additional jumps and hurdles which must be met in order to even bring a case for your non-economic losses. Most other states without no-fault law don’t have such strict standards and thresholds.
In order to sue the person that was at fault for the accident and receive pain and suffering compensation and other 3rd party benefits, Michigan law states that your injuries have to meet a certain threshold. The threshold that your injuries have to meet is what is called a serious impairment of an important body function. Additionally, a serious permanent disfigurement meets the threshold along with the uncommon result of death.
While serious permanent disfigurement and death are easy to define, serious impairment of an important bodily function is much more difficult to prove. Proving this concept is usually the most important argument made on your behalf. There are several factors that courts use to determine whether an injury is a serious impairment of bodily function.
As you can see, sometimes it can be difficult to determine whether an injury meets this threshold. Every case and every injury is different. Whether your injury resulted in a broken bone, a back problem, ligament tear, knee or shoulder injury, or a more serious condition, it is important to figure out what your rights are and whether your injury meets this threshold for Michigan third party benefits. To determine whether your injury meets this threshold, contact one of our Lansing accident lawyers at The Clark Law Office and arrange a completely free initial consultation by calling (517) 347-6900. We charge no fees unless you win!
As mentioned in our No-Fault page, first party benefits are paid for by your respective insurance provider and cover the personal protection or no fault insurance. The best way to think of first and third party benefits is economic and non-economic loss. 1st party benefits are an economic loss and 3rd party benefits are a non-economic loss. Most if not all auto accident cases that occur in Michigan include first party benefits. The state of Michigan has certain medical expenses and services that they allow injured victims if they qualify for first party benefits.
Attendant Care Under No-Fault
Under Michigan No-Fault Law, a person injured in a Michigan auto accident can receive benefits for attendant care. What is attendant care? It is essentially what can be referred to as nursing care. Many times, after a serious car accident, the injured person requires medical attention throughout the day that would require nursing services to make sure they are properly treated for and taken care of. Generally, there must be a prescription or some medical reason and authorization for these types of services. Some of these medical services include giving medication daily, dressing the patient’s wounds, bathing the injured victim, assistance when walking, grooming the injured person, and driving the patient, etc.
Medical Expenses Also Fall Under The Category of First Party Benefits
Michigan has one of the broadest and most comprehensive no-fault laws in the country. An injured person is entitled to recover allowable medical expenses when they are injured as a result of a Michigan auto accident. In order to qualify, one must purchase no-fault insurance from their insurance company before the accident occurs. Allowable expenses include all reasonable medical costs for things that were required to care for the injured person properly throughout the entire process of treatment and rehab. This can include various medical procedures, other medical expenses, and products. These expenses are payable for life and without a limit on the amount that can be paid. Do You Need Help Paying Your Michigan Medical Expenses? If you have received injuries as a result of an accident and need treatment, rehabilitation, or surgeries, then your no-fault provider should pay for all of these expenses!
What About Everyday Tasks I Can No Longer Perform?
In Michigan, when you have sustained injuries as a result of an accident, you may be entitled to certain household and domestic services such as things you did for yourself before the injury took place, but can no longer perform and require somebody else’s assistance. It can be very frustrating not being able to perform menial everyday tasks, and somebody must help in order for you to retain your quality of life. Some of these services include making meals for yourself, child care, housekeeping, lawn maintenance, etc. Usually you need to hire someone to help you perform these replacement services. What Is The Maximum Amount For Replacement Services? Under the Michigan No-Fault law, these replacement cost services cannot exceed $20 per day and are only payable for three years from the date of the accident
Do First Party Benefits Help Reimburse Me For Lost Wages?
First party benefits also account for wage loss as a result of an injury sustained in an automobile accident. Many victims are unable to work because of their injuries, these workers are entitled to compensation for their inability to work and earn a living. These wage loss benefits are payable up to a maximum of the first three years following the date of the injury. There are some limitations on the amount of income you can receive and this amount is adjusted annually to reflect and keep pace with the rising cost of living. If you are injured between October 1st, 2010 and September 30th, 2011, the maximum wage loss you are entitled to is $4,929 per month for the first three years. If you have sustained injuries resulting in work-loss, you should contact your insurance company. Often, the insurance company refuses to pay for your wage loss.
Contact Us Today For A Free Consultation
If you need helping collecting your first party benefits following an auto accident, call us free at (517) 347-6900 or contact us through the website. We charge you no fees unless you win your case.