Detroit

How is Future Medical Calculated?

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

One of the most difficult damages to calculate for an injured person is future medical. Because people aren’t experts at calculating damages, this is an area where a person can leave money on the table if they try to negotiate a settlement on their own. This is bad because there is no second bite at the apple once you’ve settled your case. An experienced car accident lawyer will make sure that future medical treatments are identified and compensated.

The only way to calculate future medical treatments is to have a doctor testify about their necessity. For example, a person may have injured their back in a way that will eventually require surgery for a herniated disk. Because the person might want to see if their back improves with rest, they put off the surgery for as long as possible. But a doctor will testify that, eventually, a person will need surgery to correct their back issue.

Once the doctor has testified to the necessity of the treatments, the car accident lawyer will introduce evidence about the cost of these treatments. This might include testimony from an economist about the cost of treatment, medical bills from previous surgeries, etc. This gives the jury an idea of what to award in order to properly compensate the injured person.

What is a Gap in Treatment?

Published on: January 8, 2016 | By Davis Law Center

When a person is injured in an accident, it is very important to see a doctor right away and continue seeing that doctor until you have reached maximum medical improvement. This continuity makes it very easy for a personal injury lawyer to prove causation and show that the injuries were related to the accident in question. If a person waits too long or routinely skips doctor’s visits, the insurance company will use that as ammunition to deny your claim. These gaps in treatment can cause problems down the road, so be sure to see a doctor right away and continue seeing him or her.

The two biggest causes of gaps in treatment are not seeking out a doctor’s advice immediately after injury and not following up once the person begins to feel better. In the first case, a person may not think they need help because they feel OK immediately after the accident. But in the days or weeks that follow, they begin to feel progressively worse. Some people wait for months hoping the pain heals on its own. Time may not be enough – see a doctor immediately, even if you think your injuries are minor after a car accident.

In the second case, they may think their injuries are healing so they blow off doctor’s visits. Taking time out of your day is not convenient, but it is necessary to preserve your case. If, after a few months, things begin to hurt again, the insurance company may try to claim that because the injured stopped treating, this pain was caused by a subsequent injury. By following a doctor’s advice until you have been released from his or her care, you can be sure that your injuries are being properly treated and documented.

The Frustration of a Slip and Fall Injury

Published on: November 5, 2015 | By Davis Law Center

One of the most frustrating injuries a person can face involves slip and falls. Sometimes, a person slips and the only injury is to their ego. They get up, brush themselves off, and after a bit of embarrassment, they go on with their day. But sometimes, the injury is much more severe. A personal injury attorney can discuss your slip and fall and learn the factors of your case.

The most serious slip and falls involve someone who strikes their head on the ground. When this happens, a person can suffer a concussion or other brain injury. It may not be immediately apparent on the outside, but this is perhaps the most serious type of injury they can face. These injuries often take significant time to heal, if it heals at all. If not, it requires a lifetime of medical care that demands proper compensation. A personal injury attorney can get you the compensation you need.

Another serious injury involves tearing the ligaments in the knee. Knee injuries are notoriously difficult to treat and they never really heal properly. A person will suffer from pain the rest of their life. This requires a proper case evaluation to determine the severity of your injuries. An experienced attorney can provide just such an evaluation and ensure that you are made as whole as possible after your accident.

What does “Made Whole” Mean?

Published on: September 12, 2015 | By Davis Law Center

In every personal injury case, the goal is to make the injured person as whole as possible after an injury. But what exactly does “made whole” mean? Specifically, it means to return a person to the state they were in before an accident occurred. Since we don’t have a time machine to take a person back to prevent an accident, we use money to compensate people for their injuries. It is not perfect, but it is the only tool available to help someone after an injury accident.

As an example, let’s imagine a person is struck by a drunk driver. This person is very fortunate and only suffers damage to their vehicle but doesn’t suffer any injuries. They walk away completely unharmed save for the property damage to their case. To make this person whole, the at-fault driver’s insurance company will only need to cover the damage to the vehicle.

If, however, the driver above suffered serious injuries from the drunk driver, the monetary amount would be much greater. This injured person would need to be made whole from the immediate treatment the received from the paramedics and the emergency room doctors. There would then be follow up visits to their primary care physician, specialists to look at specific parts of the body, and physical therapists needed to help them rebuild strength. These damages would be substantially more since there was a greater loss.

What are Hours of Service Requirements for Truckers?

Published on: September 4, 2015 | By Davis Law Center

Truckers have strict limits on how much they can drive consecutively and strict requirements on how long their breaks must be. This is because time is literally money in the trucking industry, causing some truckers to push the bounds of safety and drive on little sleep. This can have serious implications for drivers of passenger vehicles because the truck is so much larger. An experienced truck accident attorney can examine the facts of your case to determine if hours of service requirements were violated. If so, they will aggressively fight to see that your properly compensated.

Drivers are required to maintain an accurate log of time spend driving, resting, and sleeping. If these books are falsified, it can have criminal consequences for the trucker. Truckers are allowed to drive for 11 hours of driving after 10 consecutive hours off. These 11 hours must be completed within a 14 hour period. In other words, if a driver starts at 5 AM, their 11 hours must be completed no later than 7 PM. At that time, they have to take another break. This allows drivers some extra time to refuel, eat, and take breaks without impacting their time behind the wheel.

It is actually required that truckers take certain breaks. There must be a 30 minute break after 8 hours have passed since their last break. In other words, in the example above, the trucker could drive until 1 PM, he or she would need to take a 30 minute break before continuing. There are some exceptions to this rule for short haul truckers.

Does Homeowner’s Insurance Pay for Dog Bites?

Published on: June 26, 2015 | By Davis Law Center

Dogs are some of the best friends we can have. They are fiercely loyal and loving, making them a wonderful addition to any family. Unfortunately, dogs can get scared and cause injuries to other people. Generally, homeowner’s insurance pays for the injuries caused by dog bites. If you have suffered such an injury, a dog bite attorney can find any insurance that may exist and work to make you whole from your damages.

Some people assume that only certain breeds are dangerous or can cause injury. Breeds like pit bulls, Doberman pinchers, Rottweilers, and other breeds face restrictions because they are perceived to be more dangerous. The truth is that any dog has the ability to cause damages. Even small dogs like chihuahas and yorkies can puncture the skin, leaving permanent scars.

Dog bites are especially serious when they occur in young children. Many children love animals and try to play close to a dog’s face. The dog, not realizing the child is only playing, might instinctively snap and bite a child in the face. This can leave permanent scars on a child’s face that require follow-up surgeries and more to correct.

Understanding Michigan’s Car Seat Laws

Published on: June 5, 2015 | By Davis Law Center

As a Detroit injury attorney, too often we see cases where a terrible accident is made much worse because the people involved were not secured in proper safety belts or devices. This may be especially true with children. It may also be quite confusing to truly know when children should be restrained and what seat is truly appropriate for the child’s age and weight.

From the time you bring your child home from the hospital until they are in grade school, he or she must be properly restrained with an age and weight-appropriate device while riding in any motor vehicle. Here is an overview of the general car seat laws and recommendations from Michigan’s department of motor vehicles’ web site:

Experts recommend a baby or toddler ride rear-facing until he or she is two years old or until he or she reaches the highest weight or the highest height allowed by the car seat.

Largest Airbag Recall in History Underway

Published on: May 21, 2015 | By Davis Law Center

Almost 34 million vehicles are being recalled due to defects in the airbag. Takata, one of the largest suppliers of airbags in the world, has issued this recall that impacts one in seven vehicles currently on the road. This is the first time Takata has admitted that its airbags are causing injuries, even though injuries had been reported for years. If you have been injured by an airbag, a personal injury lawyer can fight to get you the money you deserve.

The issue with this airbags is that, when they deploy, they can release shrapnel and other sharp objects into the passenger compartment. More than 100 people have been injured in this way, with six people dying. Obviously, airbags are meant protect people, not cause them serious, life-changing injuries. With this recall, hopefully the problem will be fixed and lives can be saved.

Some of these injuries likely could have been prevented had the National Highway Transportation and Safety Administration acted sooner and forced a recall. In 2009, the agency began investigating claims that these airbags were causing injuries. They closed the investigation after six months citing “insufficient evidence.” Consumer advocates accused the agency of being far too easy on the industry it was supposed to regulate, putting industry interests over the safety of the public. Fortunately, it appears that this attitude is changing.

The Dangers of Vaginal Mesh

Published on: May 7, 2015 | By Davis Law Center

Vaginal mesh has been used to treatment who has suffered pelvic organ prolapse and incontinence. Essentially it worked by placing a small net within a woman when she had suffered problems with her bladder, rectum, or uterus. This is a serious problem in middle aged and older women, but unfortunately the vaginal mesh caused serious health problems on its own. If you had a vaginal mesh implanted and now suffer serious health problems as a result, contact an injury attorney to discuss your case.

The FDA has actually issued a recall of transvaginal mesh due to the number of women who have suffered health problems as a result of their implementation. The biggest problem is that this mesh is almost impossible to completely remove. Even after undergoing surgery, many women find that small pieces are still in their body, causing extreme pain and discomfort. Unfortunately, there is little doctors can do to help with other than to continue performing surgery after surgery. And even then, there is no guarantee that the mesh will be removed.

Women can also suffer problems from infection, bleeding, damage to nearby organs, and protrusion of the soft tissue. Approximately 10% of patients report erosion of the mesh or other health issues that require a follow up surgery. On average, women require two surgeries to get as much of the mesh out as possible. These health problems and the resultant surgeries are damages that should be compensated by the manufacturer.

What Constitutes a Dangerous Condition in a Premises Liability Case?

Published on: April 23, 2015 | By Davis Law Center

When a person is injured on another’s property, they will often need to show that there was a dangerous condition that caused their injury. A dangerous condition is a condition that a reasonable person would work to correct or warn about as quickly as possible. There is not necessarily a set of standards for these conditions and they are instead identified on a case by case basis.

One example of a dangerous condition might be a leaky refrigerator in a grocery store. A reasonable person would understand that the water on the ground creates a chance for a slip and fall, so they should correct this condition immediately. At the very least, they should take steps to clean up the water and put up a sign warning of this danger.

It is important to note, however, that in the above instance, simply cleaning up the water and warning of the leak is a temporary solution. The store owner will need to fix that leak as soon as they are able. It is understandable that a plumber may not immediately be available, but it should be corrected in a few days. If it is found that an owner failed to fix that leak for months, it could have a major impact on your case.