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Questions Answered by James Iafrate
1 Answer | Asked in Car Accidents, Civil Litigation and Personal Injury for Michigan on
Q: Relative injured in auto accident, declined settlement offers, considering court. What are the options?

One of my relatives was involved in a horrific auto accident three years ago, which was not their fault. As a result, they have undergone several surgeries and will walk with a limp for life. Earlier this year, they were offered a settlement in the low 6-figure range, which they declined. They... View More

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answered on Mar 17, 2025

They have an attorney so they should discuss their legal options with their attorney who will make recommendations. If they are not satisfied with the offer, they could simply file a lawsuit and seek a jury trial. Some insurance companies will not make a reasonable offer until a lawsuit is filed.... View More

2 Answers | Asked in Car Accidents and Civil Litigation for Michigan on
Q: What is a protective order for child's settlement money?

What is a protective order concerning my 7-year-old son's car accident settlement money? I am his mother, and I'm unsure about its implications and would like to understand more about it.

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answered on Feb 17, 2025

This most likely means that there is some type of protective order issued by the Court protecting the proceeds of the settlement from being spent until the minor reaches the of 18. Although it could mean some other type of protection related to the settlement proceeds. The purpose of a protective... View More

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1 Answer | Asked in Car Accidents for Michigan on
Q: I have a mini tort claim. Can the at fault drivers insurance total my car?

Damages are $6000 insurance said they would pay out the max $3000 under mini tort. They said I had to settle with the total loss department to receive my claim. They would determine value and possibly total the car. I thought the value of the car held no merit in this type of claim only damages as... View More

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answered on Feb 5, 2025

Normally with a mini- tort claim, you send the other drivers insurance company the police report showing that the other driver was more than 50% at fault, and 2 estimates showing the damages to your vehicle. If the damage exceeds $3000, they owe you 3,000.They do not have the right to total your... View More

2 Answers | Asked in Car Accidents for Michigan on
Q: While uber driving was hit and run. Offered 15k for spinal stenosis and cervical disk displacement. Take it?

While uber driving was hit and run. Offered 15k for spinal stenosis and cervical disk displacement. I have been fuppy disabled 6 months and counting. Should I accept or can you get me more?

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answered on Jan 28, 2025

There are many factors that go into determining a fair settlement value of a personal injury case. Without having more information, it would be difficult to determine if the offer is reasonable. For example, was the other party determined to be at fault, do you have medical expenses and income... View More

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1 Answer | Asked in Personal Injury for Michigan on
Q: if I opt out of PIP, am driving my own vehicle and am in an accid can I receive wage loss benefits from the at fault dri

I have no PIP coverage but I have liability insurance. I am in an accident that is not my fault. Can I receive PIP benefits such as wage loss from the at fault drivers insurance company? I have privet health insurance. Does the MACP apply to me?

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answered on Dec 20, 2024

Hi,

You would still be eligible for wage loss benefits from your auto insurer even though you opted out of medical coverage under your policy. The only exception would be if you were older and opted out of wage loss coverage. Usually this would apply to individuals who are retired and are...
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1 Answer | Asked in Personal Injury and Business Law for Michigan on
Q: We are an s-corp LLC being sued by a customer for "incomplete project and job services" and "secondary loss"

We completed drywall repairs and painting for a 3000 plus sq ft home for a customer that amounted to over $9000.00 (materials included)

We also provided extra services outside of the scope of the estimate and did not charge the customer and we also had to move their personal items out of... View More

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answered on Sep 26, 2024

Small claims court in Michigan involves cases in which the amount in controversy is less than $7,000.00 so that is the maximum amount they could sue your business under the rules. There is no reason why you could not file a counter-lawsuit seeking damages for the additional services that you... View More

1 Answer | Asked in Car Accidents for Michigan on
Q: What are my options. A garbage company hit my parked car while I was at work. I don't have insurance

I need to know what the garbage company has to pay? Or if they have to cover it at all. The vehicle was at my place of work on private property

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answered on Dec 13, 2024

The insurance company for the garbage company should pay for the damage if your vehicle was lawfully parked. You should get an estimate for the damage and also submit photographs. The insurance company may also require a police report be filed. You should report the incident to the garbage company... View More

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