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Michigan Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Legal Malpractice for Michigan on
Q: Did my lawyer keep some of my settlement money from a severe personal injury claim ? He was not transparent with me...

The lawyer was expecting me to just trust him when he told me the settlement amount. I asked for documents/proof along the way and he ignored me, but pressured me to settle earlier than he had priorly recommended. When I asked about his prior recommendation to wait a longer period, he denied he had... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2024

The settlement checks are generally deposited in the attorney’s attorney-client trust account. The client is then given a check from the trust account. If the check was not from the trust account, it would be suspicious.

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Michigan on
Q: I was renting an apartment for nearly 10 years, it had toxic mold they refused to fix. I moved, they took SD, can they?

I didn’t pay the rent the month we were moving. My son had been displaced from our home due to the flooding of his room and mold since July. We moved in Oct bc they refused to do the proper remediation, or any at all, just patch work to cover the water damaged areas. I’ve spent the last 3 years... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 1, 2023

If I understand your facts correctly, you left

Without paying the final month of rent and they took your security deposit to pay that rent.

There is no law that prevents that.

Indeed they are even permitted to take past due rent without having to file a court case....
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2 Answers | Asked in Personal Injury and Landlord - Tenant for Michigan on
Q: I was renting an apartment for nearly 10 years, it had toxic mold they refused to fix. I moved, they took SD, can they?

I didn’t pay the rent the month we were moving. My son had been displaced from our home due to the flooding of his room and mold since July. We moved in Oct bc they refused to do the proper remediation, or any at all, just patch work to cover the water damaged areas. I’ve spent the last 3 years... View More

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2023

I'm sorry for your ordeal. I can only speak for the injury-related attributes of your question. You could consider reaching out to law firms to try to set up a free initial consult to discuss those health/mold issues in further detail. Unfortunately, they can be difficult cases, with many law... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Had a meningioma brain tumor surgery June 13, 2022. The surgery went okay. After care scratched his right eye now blind

My husband had the surgery. Somehow his eye got scratched. Now he can't see anything. Everything is blurry and double vision. We had to go to an eye specialist. They said there was a deep scratch in his eye. They had to sew it half shut because he can't close it all the way. We have to... View More

Dana B. Carron
Dana B. Carron
answered on Nov 15, 2023

You may have a good lawsuit, since the injury was not something that you were at risk to expect from the surgery. You will need to go into more details with an attorney, to allow them to review this matter before reaching a final conclusion to determine whether this matter can move forward and is... View More

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1 Answer | Asked in Personal Injury and Products Liability for Michigan on
Q: Inquiring about a law suit for failing to operate a electronic ankle monitor. As a result my child was shot.

The company failed to provide adequate services. We would like compensation.

Brent T. Geers
Brent T. Geers
answered on Oct 16, 2023

You'd have to expand, greatly, on how failing to operate an electronic ankle monitor somehow caused or contributed to your child being shot.

Very generally, civil liability (e.g. what you would be suing for) ends upon someone else's criminal activity. This is why you don't...
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1 Answer | Asked in Car Accidents, Personal Injury, Municipal Law and Gov & Administrative Law for Michigan on
Q: I live on a very busy road and requested to have a circle driveway. I want to drive out head first, we were denied.

My car was totaled in front of my home due to speeders. Two lane road and turn lane. Speed limit 35 most do 55. We were denied a circle driveway because our in and out driveway would not be 100: feet apart. I feel like it is a life and death, safety issue. Road commisssion says too bad and denied... View More

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

A Michigan attorney could advise best, but your question remains open for a week. One option may be to look into other agencies - whether on a state or other level. It's possible the process could need the support of someone with expertise in traffic engineering and possibly civil... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: How do how can I sue a hospital or doctor for malpractice

I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.

Joel Gary Selik
Joel Gary Selik
answered on Sep 20, 2023

The best way would be to consult with experienced medical malpractice attorneys in the State where this occurred.

For a malpractice case one almost always needs an expert doctor or other health care professional to testify the doctor acted below the standard of care and the malpractice...
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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: How do how can I sue a hospital or doctor for malpractice

I would like more information on how to move forward in building a legal case against two doctors for malpractice and negelct. Acknowledged health discrepancies without disclosure and resulting in long term health issues.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023

In Michigan, if you believe you've been a victim of medical malpractice, it's crucial to take a structured approach. Start by consulting with a specialized attorney who can assess the merits of your case. Before filing a lawsuit, you'll be required to provide each defendant a Notice... View More

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1 Answer | Asked in Civil Litigation and Personal Injury for Michigan on
Q: A friend visited my home and unknowingly dropped her glasses and my 7 month old puppy chewed them up. And wants me to re

Wants me to replace her glasses for $185.

Her husband is the one who sent me the message. And states if I don't contact him by 5pm he's going to have to file a lawsuit

I haven't admitted to anything nor have I contacted him back

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2023

For $185!? He's going to spend more than that filing a law suit.

How you move about this depends on how much you value the relationship with your friend. Although it sounds like maybe her husband is more of a problem here.

If it were me, I would be inclined not to let money...
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1 Answer | Asked in Personal Injury for Michigan on
Q: Could - mothers exposure to mercury at BD in Juncos, PR in late 1960sbe the cause of her children’s multiple myeloma?
Tim Akpinar
Tim Akpinar
answered on Aug 1, 2023

A Michigan or Puerto Rico attorney could advise best, but your question remains open for two weeks. I'm sorry for your mother's and your family's ordeal. But no one here could really answer meaningfully. It is a question that requires medical expertise. You could reach out to... View More

3 Answers | Asked in Personal Injury for Michigan on
Q: In Michigan a 96 year old falls and breaks his hip, dying three weeks later. Is this an accidental death?
Mark K. Schwartz
Mark K. Schwartz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

I need a little more context to answer your question.

Typically, the term "accidental death" refers to the manner of death as commonly found on a death certificate, where the choices would be something along the lines of: accidental, homicide, unknown, suicide, etc....
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3 Answers | Asked in Personal Injury for Michigan on
Q: In Michigan a 96 year old falls and breaks his hip, dying three weeks later. Is this an accidental death?
Tim Akpinar
Tim Akpinar
answered on Jul 14, 2023

Different analysis could be applied, depending on whether a given situation is a criminal matter or civil matter. Since this is posted under Personal Injury, one of the issues given consideration in tort law is the element of foreseeability, in terms of whether a particular outcome was foreseeable... View More

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1 Answer | Asked in Personal Injury, Car Accidents, Federal Crimes and Health Care Law for Michigan on
Q: Any lawyers in Michigan willing to take a case against Modivcare (Medicaid nemt transportation).

This case may end up in federal court

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2023

A Michigan attorney could advise best, but your question remains open for a week. It could be difficult for attorneys here to offer their services to you - the forum isn't set up like a referral service. The format is Q & A. If you've already been searching, you could supplement your... View More

1 Answer | Asked in Real Estate Law and Personal Injury for Michigan on
Q: Insurance and suing!

Hello! My name is Benjamin, and I am wondering if you can provide me some legal advice on insurance matters. I have just recently sold a house but yet still have insurance on the house. A fire happened right after I had sold the house. I made a claim to the insurance company and they are refusing... View More

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2023

Sue them for what? If the house was sold, you have no insurable interest in the property, even if you are still paying premiums on it. You would essentially double-dip if you already received the sale proceeds, and now you were to receive the insurance payout. That's like insuring your... View More

1 Answer | Asked in Personal Injury, Products Liability and Business Law for Michigan on
Q: Videographer creating ads for another company's safety product?

I am a videographer and run my own videography company. If I promote a safety product (film ads and take photos) for another company's product to be released on their social media, and that safety product ends up not being what is stated unbeknownst to me and it ends up failing and hurting... View More

Tim Akpinar
Tim Akpinar
answered on May 14, 2023

A Michigan attorney could advise best, but your question remains open for two weeks. In a setting like this, there are no guarantees as to who a potential plaintiff would name in a lawsuit. If someone is merely inserting a script that the client provided without knowledge, that would probably be... View More

3 Answers | Asked in Car Accidents and Personal Injury for Michigan on
Q: Does pip have anything to do with pain and suffering

if your in a car accident and the accident caused your pastemaker to move and caused you to have breathing problems and to be on oxygen and then to have surgery doesn't that qualify for pain and suffering

if a person who passes away before a deposition can't a family member... View More

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2023

A Michigan attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, pain and suffering is generally an element of a bodily injury claim. It would depend on demonstrating the fault of the other party. In terms of the connection... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Michigan on
Q: Does pip have anything to do with pain and suffering

if your in a car accident and the accident caused your pastemaker to move and caused you to have breathing problems and to be on oxygen and then to have surgery doesn't that qualify for pain and suffering

if a person who passes away before a deposition can't a family member... View More

Eric Scott Steinberg
Eric Scott Steinberg
answered on May 2, 2023

In Michigan, PIP is not the same as pain and suffering. PIP refers to "personal injury protection" benefits. PIP benefits include the payment of hospital bills, doctors' bills, 85% of lost wages, household replacement services, attendant (nursing) care and other benefits.... View More

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1 Answer | Asked in Personal Injury and Education Law for Michigan on
Q: I need a lawyer that will handle my case where my son was injured in school due to negligence
Tim Akpinar
Tim Akpinar
answered on Apr 13, 2023

A Michigan attorney could advise best, but your question remains open for a week. It's difficult for attorneys here to reach out to you if you're looking for an attorney, which your post indicates you are. The format is only quick Q & A - the site doesn't serve as a lawyer... View More

1 Answer | Asked in Personal Injury and Car Accidents for Michigan on
Q: In a pedestrian vs vehicle accident, who is typically responsible and how should insurance & medical bills be handled?

No long term medical issues occurred; however, basic emergency room costs amounted to ~$20k (~$5k after applied insurance). A campus police report is available but cannot be provided without request from insurance. We are currently awaiting word from BCBS subrogation dept.

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2023

Only a Michigan attorney could advise, since states could differ as to PIP (personal injury protection) benefits, depending on the type of jurisdiction. But your question remains open for a week, and it sounds like you may be trying to arrange immediate medical care. In no-fault jurisdictions, the... View More

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Michigan on
Q: I lived in a condo that had mold in each unit one floor had four units & common area Does the assoc have to post this

I believe there’s a law in Michigan that the condo association has the post that there is lad, our mold in the buildings in the common area

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 4, 2023

I believe you’re confusing rental property and condos. They are NOT the same thing, and the rules are distinct.

While there are FEDERAL rules about the disclosure of *LEAD* in both rentals and sales, there are no federal or state rules in Michigan about mold. For either condos or rental...
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