A Kalamazoo hit and run car accident has injured one man. The accident occurred on December 10, 2008 near West Michigan Avenue and Kenbrooke Court at around 1:00am. Police found a pedestrian who had suffered non-life-threatening injuries lying in a snow bank following the accident. Police are still looking for the hit and run driver, who is believed to be driving a white midsize car that is missing a passenger side mirror. Several large pieces of plastic were broken off its front bumper.
I am very sorry this accident occurred. I hope this man is able to experience a full recovery. The article makes it sound like his injuries are minor, but given the property damage to the car, the impact must have been very serious.
Even though the man that was injured was a pedestrian, he can still submit a claim through his car insurance for the injuries he has sustained in this accident. If he submits a claim to his Michigan No Fault insurance company, the insurance will pay for all of his medical expenses including his current hospital bills and any reasonable and necessary follow-up treatment caused by the accident. No Fault insurance will pay for a portion of his lost wages as well as other benefits depending on the severity of his injuries.
This man may be able to file a lawsuit against the hit and run driver for additional damages. Michigan law allows only those who are very seriously injured to sue a negligent driver, so this man should speak with a lawyer about his injuries to see if he has a case. If the man has uninsured motorist insurance coverage, he may be able to submit a claim to that insurance policy instead of suing the other driver. Again, he should talk to a lawyer to determine if he should do this.
It always seems that the number of reported Michigan drunk driving accidents rises every summer. This time of year is especially dangerous with the number of high school graduation parties, college graduation, summer barbeques, and outdoor partying in general. The liquor seems to flow freely and the inevitable result is an increase in the number of drunk driving car accidents and fatal Michigan car accidents.
When a drunk driver injures another in a car accident, the driver is clearly negligent and can be accountable for the injuries and damages caused in the accident. In some circumstances, the bar, liquor store, or restaurant that served the driver alcohol or beer can also be sued for civil damages. This is called a “Dram Shop” case. To win such a case, the evidence must show that the drunk driver was visibly intoxicated at the time of being served alcohol. This is often established by witness testimony and toxicologists who can look at a blood alcohol level, the physical characteristics of the intoxicated person, and other factors and then give an opinion as to essentially how the person would have acted at the time he was served the drink.
The establishment that served the drink will always argue that the person was not acting drunk and a jury will have to make that tough decision. It is important to hire a lawyer immediately after a Michigan car accident involving a drunk driver so that witnesses can be located to prove how the person was acting when served the alcohol. Statements regarding the person being clumsy, loud, stumbling, etc. can be used to prove the case.
A delay in hiring a lawyer often results in it being impossible later to identify and interview these witnesses, which then makes it impossible to win the case. There are also time deadlines to notify the bar of the claim, called the "Name and Retain Requirement." Anyone injured by a drunk driver should call me ASAP to start on their case or fill out our contact form.
My new book, "The Ultimate Michigan Dog Bite & Animal Attack Handbook" is now avaiilable and can be requested for free from our website. The book has important information on Michigan dog bite injury cases and a section that discusses the things that can destroy your Michigan dog bite case. Just go to the Library section of our website and fill out the order form. We'll send it out the same day.
A young Michigan woman who survived a serious brain injury is featured in a movie that will be shown to teens all over the country. It debuted the other night in Grand Rapids. The movie was made to alert the public, and especially teenagers, about the seriousness of brain injuries and how a careless moment behind the wheel can alter a life forever.
It is movies like this one that are needed to educate the public about traumatic brain injuries and the lifelong affects they can have on brain injury survivors. Most people simply have no concept of how a brain injury can completely alter a person's life and the tremendous struggle that it takes to attempt to return to a pre-injury condition.
Amusement parks, carnivals, and theme parks provide great thrills, fun, and entertainment for people of all ages. When you look at the rides and roller coasters, you cannot help but wonder how the rides are designed, built, and constructed to avoid accidents and injuries. Just the sheer speed and dynamics of the rides baffles the mind. Most amusement parks put a great emphasis on rider safety, but there are always some serious injuries and accidents that still occur. The question is whether the amusement park or carnival operator can be held legally accountable for those injuries? The answer is YES.
This, of course, depends on the type of accident, the reason for the accident, and the nature of the injuries claimed by the rider. Recently, an Oklahoma woman filed suit against Six Flags Over Texas for injuries that she suffered while riding the Texas Tornado ride back in 2006. She also sued the manufacturer of the ride. She claims to have suffered back and neck injuries due to the ride malfunctioning and attempted to resolve her claims with the park, but they were uncooperative and she filed her suit. The case will most likely pend for more than a year before we know the outcome.
As a service to the general public, we post a great deal of important information for Michigan car accident victims on our firm web site. This includes several very important No-Fault Insurance forms that can be downloaded for free, completed, and then sent to the insurance company for payment. I recently just added two forms that will assist injured persons in making claims for Household Services and these are the Household Service Statement and the Disability Certificate for Household Services. Use these forms to submit your claims to your adjuster.
If you are having trouble with the insurance company paying your Household Service expense, or any other benefit for that matter, just give me a call and we'll start working on your case immediately. Ask for Larry Buckfire at (800) 606-1717.
As a Michigan personal injury attorney, I often meet and speak with people with very good personal injury cases that have been ruined because of mistakes made by the injured person. These are almost always innocent mistakes, but they can sometimes be fatal to a lawsuit.
In my book, "The Ultimate Guide To Injury Cases In Michigan, I discuss personal injury cases in general and list The Biggest Mistakes That Can Ruin Your Case. I have pasted that section of the book below. You can request the book for free by completing the book order form.
THE BIGGEST MISTAKES THAT CAN YOUR CASE
Here are what I consider to be the BIGGEST MISTAKES that can ruin your personal injury claim. These sins are
based upon my experience and discussions with many judges and jurors.
1. Waiting Too Long To Contact the Best Lawyer For Your Case
While it is not necessary to call a lawyer immediately after you are injured, it is advisable to
contact a lawyer once you realize the seriousness of your injuries. Many people are reluctant to
call a lawyer at this time and decide to put it off for several months. The problem with waiting too
long is that it becomes much more difficult for your lawyer to find eyewitnesses, interview witnesses,
and to take photographs of damaged vehicles, broken sidewalks, and other hazardous conditions.
As you might guess, many witnesses move around or are in your area just temporarily and this can
make it difficult to interview them if you delay in calling a lawyer. Also, many damaged cars get
repaired, many scars heal, and many dangerous conditions are fixed before photographs can be
taken. Because photographs are often the most compelling evidence, it is important that they be
taken as soon as possible after you are injured.
Also, many types of cases have legal requirements and time deadlines for taking action against a
negligent person or business. This is especially true in filing insurance claims, suing drunk drivers
and liquor establishments, and governmental entities. Often, the failure to meet a required
deadline will destroy your case, even if you were seriously injured.
2. Hiding Past Accidents From Your Lawyer
Once you begin a case, the other side will be interested in knowing how many past accidents you
have been in. The reality is that they probably already know the answer or have easy access to
that information. All insurance companies subscribe to insurance databases and often the only
reason they ask you this question is to test your credibility. If you have been in other accidents,
your lawyer can investigate this and make a determination as to whether this is a valid problem i
n your case or not. If you do not tell your lawyer, however, and you misrepresent your accident
history to the insurance company, then it is almost guaranteed that you will lose your case.
3. Hiding Other Injuries
It goes without saying that you should be upfront and honest with your attorney about any injuries
that occurred before or after this accident. Again, if you saw a doctor or other healthcare provider,
then there is a record in existence that the insurance company will find. Your lawyer can deal with
this if he knows about it. If you lie about it, and the insurance company finds out, then your case is
4. Failing to Get Prompt Medical Attention
Many people do not recognize the seriousness of their injuries immediately after an accident or
simply believe that resting in bed for a few days will make the pain go away. While this may be
true, if a person claiming a serious injury waits too long to see a doctor or go to an
emergency department the insurance company will think they were not seriously hurt or that the
injury did not happen in the accident.
5. Missing Medical Appointments and Not Following Medical Advice
If you do not show up for your doctor’s visits or do not follow the recommendations of your doctors,
the insurance companies will assume that you were not seriously hurt and do not care enough
about getting better. They will assume that you have a small case, even if you have serious
injuries. Juries also do not like it when a person claims to have a serious injury but does not
go to scheduled medical appointments.
6. Misrepresenting Your Activity Level
Insurance companies routinely hire private investigators to conduct videotape surveillance. If you claim that you
cannot run, climb or stoop, and you get caught on videotape, your claim can be destroyed. It is very difficult to
overcome the eye of the camera.
Detroit, MI-Great news was recently reported for brain injury patients, their families, and the medical providers who treat them. The Department of Defense has awarded a group of Houston institutions $33 milllion to study mild traumatic brain injuries and concussions. The effects of these brain injuries can lead to serious long term and serious problems, much greater than previously thought.
Traumatic brain injuries are receiving considerable more attention in the past due to the number of U.S. soldiers in Iraq who have suffered these type of injuries in combat and from blasts. Our office handles a significant number of traumatic brain injury and closed head injury cases. These arise mostly from car accidents, motorcycle accidents, slip and faill cases, and other types of traumatic accidents.
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