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Michigan Personal Injury Questions & Answers
3 Answers | Asked in Car Accidents and Personal Injury for Michigan on
Q: Car accident wage loss: are tax returns enough for insurance claim?

I was involved in a car accident and have experienced wage loss due to missed work. My own insurance company is handling the claim. I have already submitted my tax returns. Do I still need to submit my bank statements to prove wage loss, or is other documentation sufficient?

James Iafrate
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answered on Jun 9, 2025

Normally, the insurance company would send a wage verification form to your employer to provide your wage information and that would be sufficient with a disability slip from your doctor. Past wage check statements also are sometimes sufficient. Tax returns are normally not required unless you are... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Michigan on
Q: Impact of handling a car accident improperly on claims or legal issues.

I was involved in a car accident where I hit another vehicle's rear, causing it to flip. I moved my car to a parking lot rather than staying at the crash site and did not approach the other vehicle. I provided my account to the police but did not take photos or gather witness info. Could the... View More

Tim Akpinar
Tim Akpinar
answered on May 21, 2025

Photos would have been helpful. If the car is not yet repaired, you could look into the possibility of photos at this point. As far as moving the car, insurance carriers and attorneys realize that cars often do need to be moved from their original positions in the interest of restoring traffic... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for Michigan on
Q: Injury after colonoscopy fall: seeking liability advice

I was injured on March 24, 2025, after falling at Marquette General on the endoscopy floor right after my colonoscopy. I have a cut on my right eye and a broken right wrist, which will require surgery on April 4, 2025, at Bell Hospital. I'm also facing lost work time for at least three weeks.... View More

Mark K. Schwartz
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answered on Apr 1, 2025

Thank you for your question and I am sorry to hear about your injury. This is definitely something that should not have happened in that environment. As an important cautionary reminder, please remember that the patient advocate, despite that person's title, works with the hospital's... View More

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2 Answers | Asked in Legal Malpractice and Personal Injury for Michigan on
Q: Can I sue my attorney for pressuring me to settle and lack of communication?

I feel my attorney pressured me into settling my personal injury case. She would rush me off the phone, claimed the company had a lot against me, and said I wouldn't win if I went to court. I only spoke to her three times during my case—mostly through paralegals—and many of my calls and... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

Unlikely. I'm not sure what you expected as far as communication is concerned. She informed you of the offer and her opinion. You agreed to the settlement. Causing you to feel pressured is not malpractice; in fact, the opposite could very well be. Your lawyer's job is not to be a... View More

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3 Answers | Asked in Personal Injury and Contracts for Michigan on
Q: Why did my attorney get more of my personal injury settlement than me?

In my personal injury case, I agreed to a contingency fee where 1/3 of the settlement goes to my attorney. However, I'm concerned because the attorney ended up receiving more from the settlement than I did. Could you explain why this might happen, and what considerations or additional fees... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2025

I'm sorry about your frustration with the results of your case. There are a few common things to look at - terms of your retainer, out-of-pocket expenses, etc. You ask about considerations that could result in a reduction. A common one is liens, where a medical office may want money back if... View More

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3 Answers | Asked in Personal Injury and Contracts for Michigan on
Q: Why did my attorney get more of my personal injury settlement than me?

In my personal injury case, I agreed to a contingency fee where 1/3 of the settlement goes to my attorney. However, I'm concerned because the attorney ended up receiving more from the settlement than I did. Could you explain why this might happen, and what considerations or additional fees... View More

Aaron Israels
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answered on Mar 29, 2025

In Michigan, contingent fee agreements need to be in writing and will outline how fees are calculated and what 'out of pocket' costs are recoverable by the attorney. My guess is that your case didn't settle for a lot of money and that the costs created the discrepancy that you are... View More

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Q: Ex-husband lied about marital status affecting real estate deed, no compensation for houses.

I discovered that my ex-husband lied about his marital status during our divorce, and I was not included in the real estate deed despite being married to him at the time. The houses were not included in the divorce decree, and I believe the title companies did not use my divorce decree for... View More

David Soble
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David Soble
answered on Mar 28, 2025

Michigan had abolished 'dower rights' for spouses back in 2016. "Dower" was a legal right that gave a wife an interest in her husband's real property for her lifetime, usually up to a 1/3 interest in the real estate. So with regards to any real estate that your husband may... View More

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3 Answers | 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

James Iafrate
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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

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1 Answer | Asked in Personal Injury and Uncategorized for Michigan on
Q: Any lawsuit on Berlin and Farro due to cancer or medical issues?

My father had 2 different cancers, mother had cancer and kidney failure -both dying as a result. My sister has early stage kidney failure and my brother and I both have autoimmune causing signficant medical issues. After reading up on this it has come to my attention that Berlin and Farro, a toxic... View More

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2025

A Michigan attorney could advise best, but your question remains open for a month. I'm very sorry for the loss of your mother and father, and the ordeal you and your siblings have dealt with in terms of medical issues. The best way to answer your question about whether you have a case would be... View More

1 Answer | Asked in Estate Planning, Probate and Personal Injury for Michigan on
Q: Include Humane Society in Affidavit of Small Estate post-probate?

We received notice from a life insurance company after the probate was closed, asking us to file an Affidavit of Small Estate and provide a copy of the living trust that names us and The Humane Society as 50/50 beneficiaries. The Humane Society already received its share before probate closure.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 24, 2025

Something doesn’t ’add up’ here. If there was a trust there wouldn’t have been probate absent someone doing something wrong.

If the probate is closed you may need to reopen it but life insurance doesn’t usually go through probate at all unless there is a failure to name a...
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2 Answers | Asked in Real Estate Law, Contracts, Criminal Law and Personal Injury for Michigan on
Q: Legal actions for verbal house purchase and threats.

I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 19, 2025

If the conveyance was by a warranty deed, the seller breached one or more warranties and you could sue to enforce the warranties. There may be a claim for breach of contract as well.

The criminal matter should be referred to the police. You could sue him based upon the threats of arson...
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2 Answers | Asked in Real Estate Law, Contracts, Criminal Law and Personal Injury for Michigan on
Q: Legal actions for verbal house purchase and threats.

I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 19, 2025

OK -- what a mess. If you "bought" a house with a 'verbal agreement', you didn't really buy the house. A sale of Real Estate REQUIRES a written document. Did you even get a deed?

I concur to the extent there are threats of criminal activity, you need to contact the...
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2 Answers | Asked in Libel & Slander, Personal Injury and Internet Law for Michigan on
Q: Can I come out publicly against an ex for abuse if they put a no contact warning against you?

Let's say an ex had a cop gave you a no contact warning. You want to open up publicly about her verbal and emotional abuse. Can you legally do that if you don't use it to contact them or list any names?

Brent T. Geers
Brent T. Geers
answered on Jan 25, 2025

I get what you're saying, but what is the point? The people who know or care already have their opinion about you and her; people who don't know, probably also don't care, and you "coming out publicly" won't win you any allies.

Think about it: your best case...
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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?

James Iafrate
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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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2 Answers | Asked in Personal Injury for Michigan on
Q: If you're injured at someone's home and they don't want to share their insurance information, how can you get it?

I broke my foot while caring for a mentally disabled young adult. He was my employer but his parents own the home. Employer does not own the home, his parents do. Therefore, I wouldn't be suing an employer. I did receive workman's comp while I was off work and was not able to return to... View More

Michael J. Mandelbrot
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answered on Dec 9, 2024

Hi - the easiest way is to sue them first and then request the insurance information in discovery. Trust also that insurance companies often fight to deny coverage. So there are actually 2 questions - 1) Is there Insurance and 2) Is the insurance company handling the defense. Once you sue them,... View More

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1 Answer | Asked in Personal Injury and Legal Malpractice for Michigan on
Q: Can I sue my doctor for taking me off my blood pressure meds and then I had a stroke from high blood pressure

Been in the hospital for a month losing my car and can't pay my bills because I had a stroke

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

A Michigan attorney could advise best, but your question remains open for two weeks. The short answer is that based on such a cause and effect, it's possible you have the grounds for a case, simply on a textbook analysis. But from a practical standpoint, it's also possible that your... View More

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

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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