A CAR ACCIDENT CHECKLIST: KEEP THIS IN YOUR GLOVEBOX

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A Car Accident Checklist: Keep This in Your Glovebox

Posted on | September 14, 2010 | No Comments

If you have been involved in a motor vehicle accident, you may be uncertain what steps to take to best protect your rights. Simply being in an accident can cause stress, anxiety or panic, causing you to lose focus on what you need to do to safeguard your interests. This article provides a resource to help you ensure that you have followed the procedures necessary to help you get full and fair compensation for your injuries.

Step One: Assess the extent of any injuries to you or your passengers. Determine if everyone in your car is conscious and able to move under their own power. If someone is unconscious, leave them where they are until medical assistance arrives. If anyone has an injury that has rendered them unconscious or unable to move, call 911 immediately.

Step Two: Move your vehicle out of the way of traffic, if possible. Leaving your vehicle in traffic can expose you to the risk of further injury. Your safety is paramount—the accident can be reconstructed later. If you cannot move your vehicle, turn on emergency lights, set up road flares and take action to warn oncoming vehicles.

Step Three: Contact the police and file a report. Call 911 to report the accident. Wait until the police officers arrive and provide them with an accurate account of what happened. Before they leave, obtain their names, badge numbers and the jurisdiction in which they work.

Step Four: Gather information from other drivers. Ask any other drivers involved in the accident to provide you with the following information
• name
• address
• telephone number
• auto insurance provider
• auto insurance policy number

Also note the following information:

• the date and time of the accident
• the make, model, year and color of the other vehicle
• the license plate number for any other vehicle involved

Step Five: Take Pictures of the Accident Scene. If you have a camera on your phone, use it to take pictures of all vehicles involved in the accident. Also take pictures of the scene of the accident, making certain to include traffic signs or signals, skid marks and any property damage.

Step 6: Keep a Tight Lip. Often, in the aftermath of an accident, you can have a lot of nervous energy and find yourself wanting to tell your story to anyone who will listen. Don’t do that. Answer the questions asked by police officers clearly and succinctly, but don’t volunteer any information. Anything you say may be brought into evidence and could be damaging to your case.

Step 7: Get the Medical Care You Need. When you leave the scene of the accident, you may want to go immediately to the hospital or to a clinic to have your injuries evaluated. If your injuries don’t appear to be serious, you may want to schedule an appointment with your doctor. You should do so immediately, so that you have documented evidence of all injuries.

Step 8: Contact an Experienced Personal Injury Attorney. Even before you talk with your insurance company, you should contact a lawyer, if at all possible. Insurance companies have a vested interest in paying as little as possible to settle your claim. An attorney will work directly with insurers to help you get all the benefits you paid for and deserve.

Step 9: Contact Your Insurance Provider. Notify your automobile insurance provider of the accident.

Michigan Car Accident Preparation

An car accident is a very serious and emotional experience. Nobody foresees being involved in an auto accident however there are over twenty million accidents in the United States each and every year. Of course, even the most cautious drivers cannot avoid a car accident and that is why it is most important if you find yourself involved in a Michigan car accident that you be prepared. It is important to remember that you have many legal rights and you should immediately contact a lawyer at The Michigan Legal Team before you ever speak with the insurance company of the person at fault or even your own insurance company. Of course the last thing you should do is sign any paperwork before discussing the matter with an experienced lawyer. It is most important as there are certain time limitations in which an injured Michigan car accident victim has to take action. Your legal rights and the rights of the injured person begin to run from the date of the accident thus work needs to be started right away. Please see our video page for explanation on what to do after an auto accident.

If you or someone you care deeply about has been involved in a Michigan auto accident please contact us or call our office at (248) 353-3600 for a FREE CONSULTATION because our lawyers want you to have the team on your side so we can be your champion in the courtroom.

Lawyers at The Michigan Legal Team provide legal advice and representation for clients in personal injury cases such as auto accidents an injury from a dog bite, divorce law and family law / child custody, criminal law including Michigan traffic tickets and DUI OWI OUIL in Detroit, MI, Southfield, Farmington, Novi, Commerce, Wixom, Troy, Bloomfield, Ferndale, Royal Oak, Waterford, Madison Heights, Dearborn, Romulus, Taylor, Plymouth, Sterling Heights, Warren, Shelby Township, Michigan and nearby communities.

COMMON BANKRUPTCY QUESTIONS

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Common Bankruptcy Questions

Posted on | September 13, 2010 | No Comments

You may be considering filing for bankruptcy protection, but be unfamiliar with the process, with its benefits and consequences. As a result, you may need to have some basic questions answered before you can decide if the process is right for you. This page is designed to answer common questions people have when considering bankruptcy as an alternative.

1. Question: What are my options in a personal bankruptcy filing?
Answer: Most consumers file under either Chapter 7 or Chapter 13. A Chapter 7 bankruptcy petition allows you to permanently discharge debt in exchange for the sale of non-exempt assets. A Chapter 13 bankruptcy allows you to enter into new payment arrangements with your creditors, often for less than the full amount due. In either situation, you get the immediate benefit of the automatic stay (see below).
If you are a family farmer or fisherman, you may reorganize debt under Chapter 12. Chapter 12 takes into account the seasonal inconsistencies of these types of businesses.

2.  Question: What are the immediate benefits of filing for bankruptcy?
Answer: When you file for bankruptcy protection, an automatic stay immediately goes into effect. The automatic stay prohibits your creditors from calling, writing or taking any other action outside of the bankruptcy proceeding to collect a debt. Accordingly, a bankruptcy petition will suspend all legal action, including attempts to garnish, repossess or foreclose on property.

3. Question: Can I get rid of all my debts?
Answer: No. There are certain debts that are generally not dischargeable in a Chapter 7 proceeding. These include student loans, child support arrearages and certain tax obligations.

4. Question: What property, if any, can I keep?
Answer: Exempt property is determined by state law. In most states, you are allowed to keep a certain amount of equity in your home, as well as a motor vehicle. You can also exclude some personal items from sale, up to a certain dollar amount.

5. Question: How will a bankruptcy filing affect my ability to get credit in the future?
Answer: Though you will have to give up any credit cards that are not paid in full at the time of your bankruptcy, and you may be unable to obtain credit immediately after your petition is complete, there are programs to help you reestablish your credit. Many banks offer secured credit cards as a way to start rebuilding your credit. In addition, most lenders and credit card companies will be more interested in what you do after your bankruptcy. For some, the simple fact that you filed for bankruptcy makes you a better credit risk, because you have a clean slate.

6. Question: Who will know that I have filed?
Answer: Though bankruptcy records are available to the public, few people will know that you have filed for bankruptcy. More than likely, those who will be checking the records will be creditors, who must be notified anyway as a part of the bankruptcy process.

7. Question: How much will it cost?
Answer: The filing fee for a Chapter 7 is $300. Your attorney fees can run anywhere from $750 to $2,000, depending on complications. Most bankruptcy lawyers will offer you a free initial consultation. You can minimize costs by doing a good job of organizing any documents required. You may also be able to attend some meetings on your own.

Personalized Service

At The Michigan Legal Team we provide you with the legal care and individualized service you deserve. Our lawyers will be straightforward with you, keeping you updated on the status of your case. All calls are returned as soon as possible. You will have direct contact with your lawyer who will answer your questions and provide explanations to dispel any confusion and ensure that you have an accurate understanding of the legal process.

Our Legal Approach

As attorneys, we take a very holistic approach to cases, that is to say, we consider the law from a comprehensive perspective and what will be best for the client. Based on this approach, we are able set proper expectations for cases, while relentlessly pursuing favorable outcomes. Thorough case preparation allows us to devise effective case strategies, and we recognize what may serve one particular client well does not necessarily do so for another. In that regard we tailor our legal approach for each case. For some clients, negotiating a settlement quickly after filing a claim best serves their interests. For others, it may be more appropriate to file a claim and then a lawsuit. With yet other clients, carrying litigation through to trial by judge or jury may more effectively suit their objectives.

Our Mission

At The Michigan Legal Team, our mission is to provide a high standard of legal care with an emphasis on client satisfaction.

Arrange a Consultation

We invite you to arrange a consultation to discuss your legal issues. Please E-Mail Us or call our office at 248-353-3600, or toll free at (877) 353-3600. We will schedule an appointment for you to speak with a lawyer.

We represent individuals and families in Southfield, Farmington, Novi, Commerce, Troy, Bloomfield, Clarkston, Westland, Lincoln Park, Taylor, Monroe, and Lansing, MI.

MOVING TOWARDS A BETTER LAW FOR CAR ACCIDENT VICTIMS

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Kreiner v. Fischer – A Set Back for Car Accident Injury Victims

The 2004 decision in Kreiner v. Fischer introduced certain restrictions in determining compensatory damages in automobile accident cases. Prior to Kreiner, compensable non- economic damages were understood as a function of “serious impairment of body function,” or “permanent serious disfigurement.” In Kreiner, however, the standard invoked for the “serious impairment” threshold included the “course or trajectory” of an injury and its affect on an “entire normal life.” The practical consequence of Kreiner required long periods of temporal disability after an auto accident before an injury could be considered compensable.

While the insurance companies welcomed the decision in Kreiner, it made it more difficult for car accident injury victims to recover compensation for medical bills, lost wages, and diminished quality of life.

McCormick v. Carrier – A Move in the Right Direction

In August of 2010, the Michigan Supreme Court issued its decision and struck down the standard set by Kreiner. Rodney McCormick suffered a serious fracture resulting in two surgeries and a year away from work. Following the law as interpreted in Kreiner would have left Mr. McCormick without any compensation, while creating an almost insurmountable barrier for other car accident victims seeking damages in auto accident cases.

However, in Rodney McCormick v. Larry Carrier and Allied Automotive Group, Indemnitor of General Motors Corp., the Court removed the prohibitive requirements set forth in Kreiner. Although the McCormick decision is a victory in this sense, it simply has the practical effect of returning the law to what it was prior to Kreiner. As a result, McCormick reinstitutes what the Michigan Legislature enacted in 1995 after being lobbied heavily by the insurance industry. It this connection, it’s important to note that after enacting these accident thresholds in 1995, there was a 54% decrease in auto accident claims.

What McCormick Means for those Injured in Car Accidents

While McCormick simply restores what was already one of the nation’s most restrictive body of auto accident compensatory accident thresholds, it does represent a move in the right direction. Now, people suffering from herniated discs, head injuries, spinal cord injuries, broken bones, and amputations can seek damages under Michigan’s no-fault insurance system. Under Kreiner, it’s not clear how many of these kinds of cases would have succeeded or even had a chance to be heard. After all, if Rodney McCormick’s serious injuries and year of missed work wasn’t enough to justify a personal injury recovery under the law, where would people suffering from less severe but still serious injuries be left to turn to?

Contact Southfield Car Accident Attorneys at the Michigan Legal Team

Michigan’s no-fault insurance system can be confusing, especially in cases involving uninsured or underinsured drivers. If you’ve been injured in a car, truck, motorcycle, or bicycle accident, contact Southfield, Michigan auto accident lawyers at the Michigan Legal Team today, 1-877-353-3600.

THE MICHIGAN LEGAL TEAM P.C. – FIRM OVERVIEW

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Distinguished Lawyers serving the Detroit & Tri-County Communities

Located in Southfield, Michigan, The Michigan Legal Team, P.C. provides legal advice and representation for clients throughout the tri-county area, including Oakland, Wayne and Macomb counties.

Our lawyers concentrate on legal services in the following areas:

If you have questions about our areas of practice or the legal services our Southfield & Westland Michigan Law Firm offers, please contact us by filling out our online intake form or call our office at 248-353-3600 or our toll free number at 877- MICH-TEAM (877-642-4832). We look forward to being of assistance.