Ask the Michigan Lawyer.com

Jimmy Sturo asked:


Road safety rules are designed to control traffic and to ensure that vehicles do not collide against each other or go off the road. Ever since the invention of the automobile, the loss of life from auto accidents has been comparable to that caused by natural disasters.

According to the Auto Accident Law Center, a Michigan website, one person in the US dies in an automobile accident every 13 minutes, for an average or 40,000 deaths per year. The website also says that 6,909 deaths have occurred in Michigan alone for the period 1997 to 2001, 3 percent of the national total.

Auto accident laws are complex, as are the nature and cause of accidents. Auto accidents can be caused by direct collisions, roll-overs or vehicles going off the road. Some accidents involve bicycles or pedestrians. The above-mentioned causes are due to human faults and vehicle faults. Human faults include reckless driving or driving drunk. Vehicle faults can include the malfunctioning of any of the components.

The Michigan statutes mandate that those involved in accidents are compensated by the insurance company, no matter who is at fault. Hence, Michigan is a ‘no-fault’ state. The Michigan statutes states that ‘First party benefits’ are payable to anyone who suffers an injury arising out of the ownership, operation, maintenance or use of a motor vehicle, and assigns order of priority as to who will pay. Third party benefits are non-economic benefits sought for pain or suffering.

The complexity of the statutes means that you should hire a lawyer if you are involved in a Michigan personal injury case. Insurance companies will try to pay as little as possible, so it is wise to consult an attorney to make sure you get the compensation you deserve.

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Jimmy Sturo asked:


The United States of America, as a federation of fifty states, delegates powers to each of the states to enact laws for governance. The legislature of each state can enact laws to protect citizens, control law and order, and manage the economy and other aspects of governance. Hence, laws can vary from state to state.

Michigan, with its thirteen countries and a population of 10 million, enacts laws through the legislature. It protects its citizens from injuries caused by another party, defective products, or animals.

In the Michigan law, personal injury is defined as a physical, mental or psychological injury caused by another party. Personal injury cases are governed by ‘tort laws.’ According to the Michigan Judicial Institute Handbook of legal terms, a tort is defined as an injury or wrong committed against the person or property of another, arising out of violation of a duty established by law rather than by contract. The keyword in establishing the case for personal injury is ‘negligence’ in regards to a rule, procedure or a standard of code.

Personal injuries can be caused by auto accidents, birth injuries, dog bites, medical malpractice, product liability, on-the-job mishaps and more. Lawyers who are licensed to practice law in the state of Michigan by the state Bar of Michigan are allowed to take cases related to personal injury.

It should also be kept in mind that not all law firms and lawyers take personal injury cases. Among those who do, some restrict themselves to niche areas like medical malpractice. These lawyers take up the case with the objective to get maximum compensation for the injured.

There are cases where the lawyers have obtained millions of dollars for the injured from the defendants, usually, insurance companies or product manufacturing companies. The testimonies and credentials of lawyers can be obtained from the state bar of Michigan, from the websites of the respective law firms.

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Ken Marlborough asked:


Malpractice arises from a professional’s misconduct or failure to use sufficient levels of care, skill, or carefulness in the presentation of the professional duties that causes harm to another. Malpractice usually occurs if a professional fails to exercise his or her professional skills in an assignment he or she has accepted at the standard of care, skill, and learning applied circumstances by the average prudent reputable member of the profession in the given “community.”

Judgment of performance is based upon the standard of care for the professional in the “community,” what other professionals in the same field do for their clients who are located in the same area. Malpractice occurs in any area of the law and can take many forms such as simple negligence, gross negligence, negligence per se, breach of contract, or fraud.

Clients can be hurt by lawyers in many ways such as neglect, missing a act of limitation, failing to carry out and respond to discovery, failing to assign experts and/or proper witnesses, lawyer’s conflict of interest, putting the lawyer’s interests above a client’s or putting one client’s interest over another’s, drafting errors in papers and/or agreements.

Most legal malpractices occur through administrative errors, among them are, failure to calendar and clerical errors, or substantive errors such as failure to know the law, conflict of interest, client relations i.e. not following client instructions, improper withdrawal or intentional wrong doing such as libeled.

When the health care provider’s error results in an injury to the patient it is regarded as medical malpractice. The patient can pursue a medical malpractice claim. The best thing that a person can do when he suspects that his family member has suffered negligence at the hands of a medical professional is to consult with a Michigan medical malpractice lawyer right away. A common type of professional malpractice lawsuite is one where the client sues a former attorney for negligence.

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Jimmy Sturo asked:


In a civil society, the ability of the legislature to enact laws, the freedom of citizens to settle their grievances in court and the state infrastructure to enforce the law determines the maturity of the society. There are two types of laws: civil and criminal. Civil laws are to protect the rights of the citizens in various walks of life, while criminal laws are to protect citizens from the bad behavior of other citizens.

There are many laws and statutes, and they can be very complex. Therefore, citizens who wish to go to court often have to hire a lawyer with expert knowledge of the laws. Legal services are required to help a citizen understand the implication of a law and interpret the relevant laws in case of any action.

In the US, the federal government enacts certain laws, while state governments enact others. There are instances where a Supreme Court ruling is negated by state governments, and some laws which are applicable only in certain states.

In Michigan, the state legislature enacts laws to govern and protect the rights of citizens, corporations and non-government organizations. There are corporate laws, divorce laws, real estate laws, personal injury laws and malpractice laws. There are criminal laws to bring to trial murderers, thieves and other dangerous persons.

In Michigan, lawyers are licensed by the state to practice, and are associated with the state bar of Michigan. To locate a lawyer in Michigan, the state Bar Association can help. In addition, there are websites that locate law firms. These lawyers specialize in a particular field of law and their credentials can be obtained from the state Bar.

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Steve Gursten asked:


Finding and meeting the right lawyer can seem intimidating, especially for someone who has never hired an auto attorney.

So how do you go about finding the best auto accident attorney to handle your case? I recommend you do the following:

• Begin by talking with family, friends and co-workers to see if anyone they know was involved in a car accident lawsuit. Ask them about their experience and if they would recommend their auto attorney.

• Search the Internet for local attorneys who specialize in auto accidents. Review their Web sites for professional advice and a solid track record with cases. Beware of advertising materials and Web sites that contain self-proclaimed endorsements, such as ‘the best, the top, leading,’ that cannot be supported by fact or verified by recognized third parties.

• Avoid the Yellow Pages: The best auto accident attorneys don’t have to advertise heavily, they earn new clients from positive word of mouth or from other lawyer referrals.

Once you have identified a few potential auto attorneys, do some research before contacting their offices:

• Seek third-party verification of the law firm and the lawyer’s reputation by checking legal publications, such as Michigan Lawyers Weekly, for any positive or negative publicity about the lawyer or the cases that she has handled.

• Contact the State Bar of Michigan and Martindale-Hubbell, or visit those Web sites to find out whether the lawyer is in good standing. Martindale-Hubbell’s AV Rating is the highest for legal ability and ethics, though very few Michigan lawyers and law firms have been given this top rating.

• The auto accident attorney should be actively involved with Michigan legal organizations such as the Michigan Association for Justice, the American Association for Justice and the State Bar of Michigan; not just as members but as leaders familiar with the latest developments in Michigan no-fault insurance and auto negligence personal injury laws.

Once you have verified the quality of an auto attorney, call to set up an initial consultation. Some firms will charge a consultation fee to meet with you, but most Michigan auto accident attorneys offer free consultations to better inform potential clients, with no fee or obligation. Because car accident cases are very time-sensitive, you should expect the attorney to quickly respond to a phone or Internet request immediately.

The first meeting is very important in deciding whether an auto accident attorney or law firm is the right fit for you. Here are some ideas of questions to ask during the consultation that can help evaluate whether a particular lawyer will be the best fit for your case:

1. How easy will it be to get in touch with you?
2. What client references do you have that can comment on your skills and trustworthiness?
3. How many cases like mine have you handled in the last year?
4. Who else in the office will be working on my case?
5. How is payment for services handled? Are there any fees I will have to pay out of pocket during my case or at the end?
6. If my case is lost and no compensation is awarded, will I still owe you something for your time and effort? (Generally speaking, auto attorneys will charge for their services on a contingency fee basis, where the client pays the attorney 33 percent of what the attorney collects in a settlement or if the case goes to trial.)

After the consultation is over, ask yourself the following questions:

1. Did the auto accident attorney listen well?
2. Did the attorney explain legal topics to me in terms I was able to understand?
3. Did the auto attorney appear very knowledgeable about Michigan no-fault law and how the law applies to my specific case? Did he have to “research it” and get back to me?
4. Did the auto attorney seem to understand my medical injuries and offer to refer me to the best medical care?

Ultimately, you want to choose the auto accident lawyer that you believe will do the best job for you. Even if you choose not to hire an attorney or file a lawsuit, there is no harm in getting initial advice on steps you can take to immediately protect yourself after a serious injury from a Michigan auto accident.

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Ken Marlborough asked:


If you have suffered a personal injury due to someone else’s fault or negligence, then you should certainly consider the possibility of making a claim under law against the negligent person for all your injuries and sufferings. A claim is a demand for the compensation of all your physical and mental injuries suffered due to someone else’s carelessness or negligence. The person responsible for your suffering is liable to compensate you not only for the injuries caused or damages incurred, but also for your medical expenses, for the time lost at work due to the injury, etc.

If you have suffered a personal injury in Michigan, and if you are planning to file a claim for your damages, then as per the state law, you have only three years to file the lawsuit claiming for compensation. If your lawyer is not able to reach an agreement with any involved insurance company, then filing a lawsuit for a claim before the three-year statue of limitations runs out is the best option. The statue of limitations starts running from the day the claim accrues—that is the time when the injury is suffered. Sometimes, it is not reasonably possible to know the cause of the injury or even to know that the injury has occurred until the damage or loss is revealed at some point of time. For example, an error in a will cannot be noticed until the will is executed in its given time period. In such circumstances, the discovery rule of Michigan permits a suit to be filed within a certain limited period of time after the injury is discovered or reasonably should have been discovered.

When filing a personal injury claim, it has to be ensured that the damages claimed truly reflect the extent of the injury or loss. Personal injury claims can be very contentious; as such, it is important to find an experienced personal injury attorney to help you navigate this legal process.

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Jimmy Sturo asked:


A lawyer is a person who is licensed by the relevant statutory authorities to impart legal advice to clients in legal matters and represent them in courts of law. Most countries today require professional law advisors in their judicial systems.

The practicing lawyers in Michigan are usually members of the state bar of Michigan, and are licensed by the State of Michigan to practice law. Even though all the lawyers possess a law degree, they specialize in different fields of law and tend to deal with specific grievances, such as accidents, and divorce. Michigan personal injury lawyers usually handle lawsuits involving personal injury, insurance claims, class actions and other injuries such as those resulting from a truck accident.

A typical Michigan truck accident falls under the same type of litigation as any other vehicle accidents. A Michigan truck accident may be the result of manufacturers, distributors, suppliers, or retailers negligent acts. It is necessary to first identify the type of case. The Michigan truck accident lawyer can inform the person regarding the various types and set them on the right track.

With the increase in the number of trucks on Michigan highways, there is a corresponding increase in accidents that occur. A person who drives a vehicle negligently and causes a truck accident, may be liable for any damages to the property and/or injuries to the persons involved.

Depending on the parties involved, the extent and seriousness of the injuries, the lawyer will file a lawsuit in the court of Law, seeking damages for the injuries sustained by the person involved in the accident.

It is important to seek the help of a competent specialized lawyer as soon as possible after the accident. This is because the lawyer can guide the injured person to immediately take the necessary steps to record the evidence, file the suit in a court and conduct the legal proceedings as per the provisions and requirements of the law.

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Ken Marlborough asked:


Personal injuries caused by the negligent or careless act of others can often yield serious results. Personal injuries, if grave, can lead to serious physical disabilities, loss or damage of properties, and even death. In such circumstances, the victims depend upon the financial compensation awarded for the sufferings and the injuries. You might represent yourself and get compensated with some amount, but most often in grave situations, a personal injury lawyer is the best representative to help you in claiming well-deserved compensation not only for physical sufferings, but also for the emotional traumas.

With so many lawyers out there, it is not easy to find a lawyer who can suit your needs and guide you in the best direction. A lawyer with specialization and a proven track record in the field of personal injury cases and successful negotiations is the one who can help you to receive fair compensation. An experienced and expert personal injury lawyer can accurately assess the merits of a case, approximate its monetary value, and determine the best strategy for presenting the case.

Every state has its own laws and rules, and only the local and experienced lawyers are completely aware of the all rules and regulations; accordingly they can best present your case. It’s in your best interest to go for a well-experienced lawyer from the state where you have suffered injuries and where you are planning to file the litigation. For example, if you suffered personal injury in Michigan, the best course of action would be to look for a good local lawyer; only a personal injury lawyer in Michigan can provide you with the guidance and legal counsel to safeguard your rights and interests in case of injury in that state. As per the contingency plan of the state, you need to pay to the lawyer only when you have received your reimbursement. In Michigan, a personal lawyer takes care of all the requirements, right from the documentation to finding the best possible solution for securing the deserved compensation for you.

It is, therefore, important to choose a well-known and expert personal injury lawyer. You can get a list of personal lawyers in Michigan from Internet lawyer referral services or the yellow pages or from your friends, colleagues, and relatives.

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Jimmy Sturo asked:


The U.S. has the maximum number of immigrants in the world. Michigan immigration lawyers, like other immigration lawyers in the U.S., play an important role in protecting the rights of the immigrants. Immigration lawyers have gained importance because of the increase in the number of illegal immigrants. Many times they help the immigrants from communist countries gain asylum. They also help prevent the deportation of some immigrants, who are ignorant of their rights, especially those who are illiterate.

The United States Immigration and Nationality Act were created in 1952. Before 1952, a number of statutes governed the immigration laws. However, the statutes existed as parts of different acts and were not organized in one location. Therefore, with a view to create a unified law applicable to this important issue, the McCarran-Walter bill of 1952, Public Law No. 82-414, collected the applicable statutes, codified the existing provisions and reorganized the structure of immigration law.

Any individual or entity in the United States can choose to be represented by an attorney or accredited representative when filing applications or petitions with U.S. Citizenship and Immigration Services (USCIS).

Once chosen by an individual or entity, the representative has to inform the authority in a prescribed format, along with the application or petition. In matters filed within the United States, only attorneys and accredited representatives are allowed to communicate on behalf of the individual, to the USCIS and receive information from USCIS regarding the individual’s application or petition.

If the individual needs legal advice about an immigration matter but cannot afford to hire a lawyer, Michigan state bar association can provide assistance regarding the availability, of free or reduced cost legal services. Such legal advice can also be made available to persons seeking asylum under the U.N. Convention on Human Rights. The lawyer must be a member in good standing of the “bar” of Michigan State and should not be under any court order, restricting practice of law.

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Jimmy Sturo asked:


Marriage as an institution has become more of a legal contract than a religious ceremony. Since marriage is a contract, the involved parties, i.e. the spouses can decide to break the marriage and go their separate ways.

A divorce has many legal implications involving property ownership, child custody and other matters. The state gets involved since properties have to have legal titles and the proper care of children is another legitimate legal matter.

Separation can happen in many ways. It can be amicably settled between the spouses themselves, ‘in propria persona’ in legal terms. A mediator can help spouses negotiate an agreement. The mediator can be a lawyer, mental health professional or even an accountant. Unbundling is a term that allows partners, as general contractors, to negotiate between themselves, bringing in the services of experts only when needed. Alternatively, spouses can hire an individual lawyer to create a win-win situation. Finally, if nothing helps, the couples can go for a court trial where the division of property and custody of the children will be decided by a judge.

The role of lawyers is to help draft a separation agreement between the husband and wife. A separation agreement resolves issues related to alimony, child custody, child support and the division of property. Under the Michigan statute, a judge considers only the factors of standard of living and marital fault for deciding alimony. Similarly, for granting child custody, factors like statutory guidelines, children’s wishes, the health of the child and domestic violence are considered. The judge may employ custody evaluators. Also, child support is decided by factors like shared income, mandatory deduction for medical purposes and child care, college support and shared parenting.

A separation agreement is a binding contract, and therefore must be reviewed with care. Lawyers can be located through local bar associations and also websites. In choosing the lawyer, trust and credentials are very important to consider.

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