Michigan

Who Ultimately Decides the Amount for my Injuries?

Published on: September 7, 2016 | By Davis Law Center

One of the tricks the insurance company tries to play with an injured person is to convince the person that the insurance company isn’t liable. They try to convince the injured person that they were actually at fault for injuries and they won’t get anything from a jury. The may try to use this argument to bully the injured person into accepting a low-ball settlement offer, telling the person to “take it or leave it.” Ultimately, the jury has the final say in who is at fault and just how much the other party should get (if anything). A personal injury lawyer can fight to get you the money you need and work to convince a jury that the other party was negligent.

This right to a jury trial is actually included in the Bill of Rights. This is how important our Founding Fathers saw this right. Were it not for the right to a trial by jury, injured parties and those of limited means would get steamrolled by the rich and by big corporations. The civil justice system provides an equal playing field for all parties involved, allowing a jury of our peers to ultimately decide the merits of a particular case.

If the insurance company has denied responsibilities for your injuries or is trying to bully you into accepting a low settlement, a personal injury lawyer can fight to get you the money you deserve. Before allowing yourself to be bullied after your car crash, slip and fall, or other negligent injury, work with an attorney who will fight for the money you deserve.

The Importance of Uninsured Motorist Coverage in Michigan

Published on: August 22, 2016 | By Davis Law Center

When a person is struck by a motorist without insurance, it can cause serious problems for the injured party. The injured person can sue the at-fault driver and, if a judgment is rendered against them their license is suspended until they pay. Unfortunately, people who flout the law by driving without insurance might have no issue driving with a suspended license, leaving the injured party the bear the full cost of their injuries.

In order to prevent this from happening, Michigan drivers should consider adding Uninsured Motorist Coverage (UM) to their auto insurance. This is generally an inexpensive addition to a policy but provides significant assistance to the injured person. With UM coverage, the insured party will have coverage up to their own limits when they are injured by an uninsured driver. They can then submit a first party claim to their insurance company to cover their damages.

Another addition that people may also want to consider is Underinsured Motorist Coverage (UIM). With this coverage, if they at-fault party’s insurance coverage is insufficient to cover damages, the injured person can submit a first party claim under their UIM coverage. Again, this is generally low cost coverage that can be extremely valuable after an accident. If you do not currently carry these two types of coverage, it may be a good idea to speak to insurance agent about adding them.

Can a Personal Injury Attorney Guarantee Success in a Case?

Published on: August 17, 2016 | By Davis Law Center

When someone is injured in an accident, they understandably want some assurances that they will definitely get the money they need. Unfortunately, no personal injury attorney can ever guarantee success in a case. This is frustrating for an injured person, but it is the only honest, ethical answer a lawyer can give. What the law firm can do, however, is make sure that they do everything possible to achieve a positive outcome for a particular client.

This means that an attorney will conduct a proper investigation of a particular accident and a thorough analysis of a person’s injuries. When investigating an accident, the attorney might have a private investigator get witness statements, take pictures of where the injury occurred, and reconstruct a particular accident to prove the injury was their fault. This is essential in getting the money you need – in order to recover compensation, you will have to prove that the other party was at least 51% responsible for your injuries.

Evaluating injuries is also vitally important because it is the only way to ensure that a person gets full compensation for their injuries. Since a personal injury settlement or verdict will need to cover a person for the rest of their life, it is important to ensure that future medical is accounted for. For example, if back surgery will be needed to repair a herniated disc, then they money for that surgery needs to be included in this settlement.

Finding Closure with a Detroit Wrongful Death Lawyer

Published on: July 29, 2016 | By Davis Law Center

When a loved one suffers an untimely death, the last thing on a family’s mind is money. They are stricken with grief, forced to adjust to a new life without the love and companionship of their loved one. This loss often leaves a void, especially when the death is due to the negligence of another. While money can never replace this person, it can help a family find closure during this difficult time. A Detroit wrongful death lawyer can review your case and explain how they can help. Together, you and your attorney can work through this difficult time.

An example of a common wrongful death is a death caused by a car accident. In many cases, there aren’t criminal charges to hold the party responsible. For instance, if someone just didn’t notice the motorcycle coming, pulled out in front of them, and killed them. This death is extremely tragic, but there’s nothing inherently illegal about this accident.

The only way to hold the responsible party accountable is through the civil court system. There, a jury can assign fault and give a monetary award to help the family with the loss they have suffered. While the money is certainly helpful, perhaps more important is just hearing the jury assign fault. When a jury of your peers helps to hold someone accountable, it can help provide closure to the family. Eventually, they can move on from this tragic loss.

Be Careful When Backing a Car Around Children

Published on: July 9, 2016 | By Davis Law Center

Children need to be monitored at all times around vehicles, especially when a car is backing out. Children can run quickly and, because the driver has limited sight in their mirrors, the driver may not see the child until it is too late. According to safety advocates KidsandCars.com, approximately 48 children are injured ever week from backover accidents. As a Detroit injury attorney, safety is my primary concern. Therefore all drivers should be careful when backing up in places where there may be children playing.

The biggest problem is that mirrors can create a false sense of security that the area behind a driver is clear, when in reality there is a child playing right behind it. In most cases, these accidents occur in a driveway and involve a family or friend of the child. Therefore if a child is in the yard playing, the driver needs to know exactly where the child is before they back out. If a driver can’t see the child, they should make sure that the child is not behind the vehicle.

Parents also should be diligent in teaching their children not to play in or around vehicles. Children are naturally drawn to cars because they are large machines that pique the child’s interest. They need to be aware that these vehicles are not toys and they need to stay away from them if they are not a passenger. Still, children being children, it is impossible to predict what a child might do. Therefore, ultimate responsibility falls on the adult driver in keeping children safe and preventing injury.

How Much is my Personal Injury Case Worth?

Published on: June 29, 2016 | By Davis Law Center

During their initial free consultation, many clients want to know how much money they can expect for their injuries. They hope that a personal injury lawyer can give them an estimate of what to expect from a settlement or a verdict. While this is an understandable question, there is unfortunately no way to provide an estimate for what a case may be worth. Ultimately, the settlement or verdict you potentially receive will be based on the specific facts of your case and your specific injuries.

It is important for clients to understand exactly what a personal injury case is – it is an attempt to make someone as whole as possible after the have suffered injuries due to another person’s negligence. In other words, the goal is to return you to the state you were in before the injuries. Obviously, turning back the clock is impossible and with certain life-changing injuries, such a wrongful death, money is wholly inadequate for replacing what you have lost. But this is the only way we have to help those who have suffered an injury.

This means that it is important for a client to understand the injuries they have suffered and what they can expect to recover for them. Economic damages are relatively easy to value. These include medical bills, lost wages, future medical, etc. Since they are quantifiable, it is relatively straightforward to add them up when seeking recompense. Non-economic damages, while no less important, are somewhat more difficult to value. These include things such as pain and suffering, loss of enjoyment of life, loss of consortium, etc. An experienced injury attorney can help you identify these damages and give you some ideas on how to value them. While it may be difficult to put an exact number of these injuries, it is possible to evaluate claims based on the totality of your injuries.

Detroit Personal Injury Lawyer: What is Underinsured Motorist Coverage?

Published on: June 16, 2016 | By Davis Law Center

An option available on most auto insurance policies is known as Underinsured Motorist Coverage (UIM). This coverage exists for people who have been seriously injured in a car accident and who find that the at-fault party’s insurance coverage does not make them whole. As a Detroit Personal Injury Lawyer, it is a good idea to speak with your insurance agent about adding this coverage. It is often relatively inexpensive and can be a major help for an injured person.

In Michigan, a person is required to carry at least $20,000/$40,000 worth of coverage. This provides $20,000 worth of coverage for a single person, $40,000 worth of coverage for a single accident. As anyone who has spent a night in the hospital can tell you, $20,000 will barely cover that hospital stay. This leaves almost nothing left for future medical and other costs associated with an injury.

UIM coverage can supplement this coverage, giving an injured person an opportunity to be made whole by their own insurance company. A Detroit Personal Injury Lawyer can help with this first-party claim. Before settling with the at-fault party’s insurance company, speak with an attorney who can make sure you are taking the steps necessary in order to preserve your right to make this claim.

Detroit Personal Injury Attorney on the Stigma of a Lawsuit

Published on: May 30, 2016 | By Davis Law Center

Some people hesitate to contact a Detroit Personal Injury Attorney because they worry about the stigma of a lawsuit. They worry that people will think less of them for seeking help after an accident, assuming that their friends or family might accuse of them of seeking a handout. The truth is, the vast majority of people who file personal injury lawsuits only want what is fair. They aren’t looking for a handout — they only want to be made whole after an injury. If you are worried that people might look down on you for filing a lawsuit, this fear is unfounded.

One reason there’s a stigma with personal injury cases is that we hear about “frivolous lawsuits” constantly. We are told these lawsuits drive up insurance costs because it costs so much money to litigate. In reality, if a case is truly without merit, it is often dismissed right away. There are mechanisms in place to help the defense dismiss these cases and judges have little tolerance for cases blatantly without merit.

The reason there is so much animosity towards these lawsuits is that insurance companies and corporations want as few as possible. They know that if they can prevent people from contacting a Detroit Personal Injury Attorney, they can save substantial amounts of money. By preventing people from pursuing what is rightfully theirs, these corporations can continue padding their bottom line.

Summer Road Trip Safety from a Detroit Car Accident Lawyer

Published on: May 21, 2016 | By Davis Law Center

It may be easy to become complacent while traveling on the road. Most people drive so often, they may forget basic steps to keep them and their loved ones safe. As an experienced Detroit car accident lawyer, I know too well the tragedies that may occur when proper safety measures are not followed.

Oftentimes the summer months mark an increase in accidents across the country. Many people set off for family vacations and road trips. Prevention and proper planning help reduce the number of accidents and serious injuries from driving on the road.

These tips from the National Highway Traffic Safety Administration can help ensure you and your loved ones are safe.

The Importance of Credibility from a Detroit Personal Injury Attorney

Published on: May 14, 2016 | By Davis Law Center

Personal injury lawyers have a negative reputation in some circles. Commonly called “ambulance chasers” and other derogatory terms, these attorneys and their clients are sometimes viewed as a person out looking for a quick buck. While this isn’t the case in most instances, it is a relatively common perception. Therefore, it is important for an injured person to always tell the truth and remain as credible throughout the process. By being honest with your Detroit Personal Injury Attorney about the details of the accident, prior injuries, and all information that may be relevant to your case, you can be sure to protect this credibility.

It is natural for injured people to want to downplay any mitigating circumstances that could impact their case. For instance, a person may not have been wearing their seat belt at the time of the injury and they worry that this may cause them to lose any possibility of recovery. Fortunately, this is not the case. While it might cause a jury to assign some blame to you, it will not immediately prevent you from recovering damages.

What will torpedo your claim even faster is lying or attempting to cover up certain facts. Once an insurance adjuster finds out that a person has lied, they will immediately begin playing hardball and will do everything possible to prevent you and your Detroit Personal Injury Attorney from recovering anything. If the case eventually goes to trial, they will point out this inconsistency and paint you as someone who just wants an easy paycheck and isn’t really hurt. A lawyer can deal with issues in the case, but losing credibility is extremely difficult to overcome. Therefore, always be honest about the facts of your case, lest you wind up significantly harming your chances of getting the money you need.