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Michigan Personal Injury Questions & Answers
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

James Iafrate
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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

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Malpractice claim against a hospital but cannot afford expert testimony fees. Guidance on how to proceed is requested.

My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?

Brent T. Geers
Brent T. Geers
answered on Jul 5, 2024

If you are an attorney, I would suggest seeking co-counsel who can afford the cost of litigation, or refer the case out to a firm who can. Otherwise, there are loan companies who help finance litigation.

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Malpractice claim against a hospital but cannot afford expert testimony fees. Guidance on how to proceed is requested.

My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

You're talking about an Affidavit of Merit. That's going to involve a review of the file. It may not end there. If you go to trial, that could also involve retaining medical experts, which don't come cheap. Med mal firms often front such costs and take them off the gross award at the... View More

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2 Answers | Asked in Personal Injury, Traffic Tickets and Car Accidents for Michigan on
Q: Seeking Legal Advice After Traffic Accident

Last week, my wife was involved in a car accident where she was going straight and collided with a vehicle turning left. She asserts she was moving on a yellow light, whereas the other driver claims he waited for a red light to turn green and then moved. Following the incident, the police issued my... View More

Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

I think you'll find yourself coming out the same or better without hiring an attorney. The ticket isn't going to be significantly outcome determinate here. Your wife can ask for a formal hearing on it, and try negotiating for a zero point ticket for what it's worth. The insurance... View More

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2 Answers | Asked in Personal Injury, Traffic Tickets and Car Accidents for Michigan on
Q: Seeking Legal Advice After Traffic Accident

Last week, my wife was involved in a car accident where she was going straight and collided with a vehicle turning left. She asserts she was moving on a yellow light, whereas the other driver claims he waited for a red light to turn green and then moved. Following the incident, the police issued my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2024

One of your options might be to try to arrange a free initial consult with an attorney. I hope you wife is okay. Depending on whether she has the basis to move forward with a claim for her hand injuries, the determination of liability could be important in a comparative negligence setting with the... View More

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1 Answer | Asked in Civil Litigation and Personal Injury for Michigan on
Q: I tripped on a public sidewalk that's all destroyed. I usually don't walk what should I do now? I'm injured.
Tim Akpinar
Tim Akpinar
answered on Jun 11, 2024

A Michigan attorney could advise best, but you posted last week, and time may be of the essence in your matter. This is because it's possible your case could involve of notice of claim requirements, if it involves a public setting (which seems to be the case from your description). A Michigan... View More

2 Answers | Asked in Personal Injury and Car Accidents for Michigan on
Q: Neurologists won't treat me until I provide proof of release from auto insurance policy from over 20 years ago

My old insurance only verifies or keeps records going back 7 years ( experience letter?) What can I do?

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2024

A Michigan attorney could advise best, but your question remains open for a week. It isn't clear why neurologists want proof of a release from 20 years ago. If you've been involved in a recent accident, the symptoms and test results would be new, and not necessarily related to the... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Michigan on
Q: Neurologists won't treat me until I provide proof of release from auto insurance policy from over 20 years ago

My old insurance only verifies or keeps records going back 7 years ( experience letter?) What can I do?

Tim Akpinar
Tim Akpinar
answered on May 8, 2024

Addendum - in thinking further about your question, one possibility, depending on the way the release was drafted, is that the neurologists may have concerns whether it permits reimbursement for medical treatment, known or unknown, which could preclude coverage for subsequent neurological testing?... View More

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1 Answer | Asked in Personal Injury and Products Liability for Michigan on
Q: Will MI statue of limitations allow me to go forward with a legal case?

I had a few different Bard Powerports Implanted as a minor, in 2011, 2014, 2015. I also believe I had one earlier than 2011. Each had to be surgically removed in emergency surgeries due to multiple blood clots, sepsis multiple times, numerous other infections, and damage to my skin tissue where the... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A Michigan attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. The best way to get an answer would be to reach out to attorneys to discuss. Try to arrange a free, initial/no-obligation consult. Nationwide, many jurisdictions allow for tolling... View More

2 Answers | Asked in Personal Injury for Michigan on
Q: How do I find out information pertaining to a lawsuit on a personal injury claim?
James L. Arrasmith
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answered on Mar 30, 2024

To find information on a lawsuit related to a personal injury claim, it's beneficial to start by checking public court records. Most jurisdictions maintain an online database where you can search for cases by name, case number, or involved parties. You might also find relevant details on the... View More

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1 Answer | Asked in Personal Injury and Landlord - Tenant for Michigan on
Q: I need legal help with 1943copper pennys took from me

I made a report an it's going on a year an my pennys sold for 300000 on Heritage an I can't find any one to help me

James L. Arrasmith
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answered on Mar 30, 2024

I understand that you're dealing with a challenging situation regarding your 1943 copper pennies. It's important to act swiftly in legal matters, especially when significant assets are involved. Given that your pennies have already been sold, the urgency to address this matter is even... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: My surgeon broke 3 drills putting this screw in my si joint now my hip keeps locking up is this breach of care

I have constant pain and want the screw removed

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2024

A Michigan attorney could advise best, but your question remains open for a week. But any attorney who answers your question would probably need to consult with a medical professional. They would want to learn more about the procedure and the full scope of damage (drill bits or other components... View More

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
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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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