We can answer all of your personal injury FAQ
1. “I’ve been injured in an automobile collision. What do I need to do to protect my rights?”
Consult with an experienced attorney immediately. It is very important that a police report is created and that photographs of the vehicles and the scene are taken as soon as possible. All too often, insurance companies fail to advise their policyholders what benefits they’re entitled to receive after being injured in an automobile collision. You need to know what benefits are available and for how long. Michigan law provides that your own insurance company is responsible to cover many expenses that arise from the collision. If you have private medical insurance, your insurer is responsible to cover those medical expenses that fall outside such private coverage and may be responsible for more coverage, as well. Also, your insurer should be reimbursing you for your mileage expenses which are incurred for travel to necessary medical or physical therapy treatment and for “replacement service expenses” for providing help around the house. More importantly, your own insurance company is responsible for paying 85 percent of your lost wages (tax free) for up to three years following the collision. Let our firm make sure that you get all the benefits that you paid for through your own insurance premiums by helping you correctly make a timely claim.
2. “Can I get damages for my pain and suffering from the person who caused my auto accident?”
Again, to correctly answer this question you need the assistance of an experienced personal injury attorney. Michigan law provides that when you’re injured in a collision by another person’s negligence, as a driver, a passenger or even a pedestrian, you may be entitled to receive compensation for your physical pain and mental anguish, or “non-economic damages,” if you have suffered a “serious bodily injury.” Unless a family member has died or you have suffered a permanent and serious disfigurement or “a serious impairment of body function,” Michigan law states that you cannot recover for emotional non-economic damages, including pain and suffering. Let our firm’s experience in this area of law allow you to concentrate on getting better, knowing that the complexities of your personal injury case are being investigated and evaluated properly. Our approach is to document how your injuries have truly affected your ability to lead your normal life. Don’t let an insurance adjuster tell you why you aren’t entitled to some measure of relief; let us help you collect the compensation you may be entitled to receive.
3. “I’ve been injured in a fall, and I think that the owner of the property is responsible. Can you help?”
Michigan law provides that landowners and those in control of property have a duty to protect those upon the premises from certain dangers. What level of protection depends on your reason for being on the property. For example, a store owner owes a customer a different level of protection than a homeowner owes a social guest. This can be a very complicated area of law, and how any court may rule is hard to predict these days. If the defect or condition on the property was created by a building code violation, hidden or somehow not recognizable, the landowner or those in control may be responsible for compensating you for your injuries. Again, get photographs of the surrounding area and attempt to identify any witnesses. Most importantly, don’t get hurt twice; consult with our attorneys at Barberi Law and obtain an experienced and knowledgeable opinion on whether you have a compensable case. The evolution of what is now referred to as “the open and obvious doctrine” has made recovery in these types of cases very difficult.
4. “My child was bitten by a neighborhood dog and has scars on her face and hands. The dog had never bit anyone before, but I am concerned about my child’s future medical expenses. Should I talk to an attorney?”
Yes! Michigan does not require that a dog, even a family pet, have a history of vicious or biting behavior in order to provide a remedy for those injured. It is important to get an attorney involved early to determine the facts leading up to the bite and the availability of insurance coverage. Scarring, especially to the face or to young children, is something that should be carefully documented. Take pictures immediately, and as the wound(s) heals. Report the bite to your local Animal Control officer and follow through to make sure that the animal is quarantined to ensure it is otherwise healthy. Also, take care to note any changes in your loved one’s physical condition, behaviors and willingness to interact with dogs. These are important factors that any experienced personal injury attorney will evaluate in determining the value of your child’s damages.