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Unable to Work?

October 18, 2014 by Howard Slusky Leave a Comment

Do you have a disability that has not allowed you to return back to work? If so, our social security lawyers at Slusky & Walt are here to assist you. With our assistance, we are sure we can help you to receive SSDI, if you meet all of the requirements. If you don’t know already, be aware of what social security disability insurance is. You can find online that almost every website defines it as the same thing, “providing assistance to those with disabilities.” Does SSDI sound like something you should be fighting for?

Don’t be discouraged if your application for SSDI is denied, it is why you’re here in the first place! Many applications are denied on a daily basis. If you need help appealing your request for SSDI, trust our social security attorney here at Slusky & Walt. We can help you prove that you are worthy of SSDI in the Southfield or Flint, MI areas. Be sure that you know you must qualify for SSDI. Here are some of those qualifications you must reach:

  • You cannot work
  • Because of medical conditions, you therefore cannot find work that suits you
  • Has your condition or disability lasted for longer than a year in length or even resulted in death?

Have the above three qualifications been met? We invite you to visit us online now and get the help you need to receive SSDI once and for all. Our lawyers and attorneys are here for you and can answer all of your unanswered questions! Learn more when you visit us online today.

 

What Is Michigan’s Dog Bite Law?

October 16, 2014 by Howard Slusky Leave a Comment

What Is Michigan's Dog Bite Law?

You decide to have a gathering at your house with people you and your dog know well. Suddenly, your dog becomes spooked or threatened, and bites someone! The dog has caused the person to have a mark on their body, or worse, they require medical attention. Suddenly your party becomes the site of a lawsuit. How can you protect yourself and your dog? In Michigan, the law is very clear, and unfortunately, there is not much room for argument. Contacting a lawyer is imperative to a successful lawsuit of this nature.

The dog bite statute, Mich. Comp. Laws Ann., sec. 287.351, is as follows:

287.351 Person bitten by dog; liability of owner.

Sec. 1. (1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.

(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner’s property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner’s property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.

 

Michigan’s dog bite law is a strict liability law, meaning a dog owner is usually liable for injuries caused by a dog bite regardless of any attempts by the dog’s owner to prevent harm from occurring. Accordingly, claiming that the dog has never attacked anyone, has never showed aggression, or even that the dog did not know the person well (as with postal workers or groundskeepers), will not exempt the owner from liability. This does not, however, mean that there is never a defense in a dog bite case. Strict liability applies, for example, when no provocation occurred and when the victim was lawfully on the owner’s property. Therefore, if the dog was provoked and/or the victim was a trespasser you may have a defense.

 

The financial consequences of a dog bite lawsuit can be considerable. If you have been sued because your dog allegedly attacked someone, contacting a Michigan dog bite attorney immediately is your best course of action.

Are Trucking Companies Regulated by the Federal Government?

October 7, 2014 by Howard Slusky Leave a Comment

Are Trucking Companies Regulated by the Federal Government?

Any motor vehicle accident can have tragic results; however, a collision with a tractor-trailer or other large truck is more likely than most to cause serious injuries to the occupants of the vehicles involved in the crash. With this in mind, the United States federal government heavily regulates the trucking industry. If you are injured in a trucking accident it may be helpful to your lawsuit to know if the truck involved in the accident was in violation of any of these trucking rules and regulations.

In the U.S., the Federal Motor Carrier Administration, or FMCA, is responsible for making safety rules and regulations that apply to large trucks and busses and enforcing those rules. As part of the Department of Transportation, the FMSA, works hard to try and keep America’s roadways as safe as possible for those who travel those roads. FMCA rules and regulations are voluminous and cover everything from required safety inspections to eligibility to hold a commercial driver’s license to Hours of Service rules that dictate how long a truck driver is allowed to remain behind the wheel without a rest period. To stay in business, trucking companies must abide by the FMCA rules. Likewise, to hold a commercial driver’s license, or CDL, a driver must also abide by the rules. A driver and/or trucking company found to be in violation of the FMCA rules and regulations faces anything from a fine to being taken out of commission.

When a tractor-trailer is involved in an accident, negligence, or fault, must be determined. Not all accidents involving a large truck are caused by the driver of the truck. For an injured motorist or passenger to be entitled to compensation after a trucking accident though, the injured party must prove that someone else caused, or contributed to, the accident. Violating a federal safety rule does not alone prove that a truck driver or trucking company was at fault in an accident; however, it is often an indicator of negligence, or fault, in an accident. For example, if the truck driver was in violation of the “Hours of Service” rules it could indicate that the driver was driving drowsy, a common contributing factor in trucking accidents.

If you suffered injuries in a Michigan trucking accident and you believe the truck was at fault in the accident, contact an experienced Michigan trucking accident attorney right away.

Compensation in Michigan: Personal Injury Accident

October 3, 2014 by Howard Slusky Leave a Comment

Compensation in Michigan: Personal Injury Accident from Howard Slusky
As a general rule, Michigan does not allow punitive damages in personal injury accident lawsuits.
Learn more about Personal Injury Accident in Michigan in this presentation.

 

Medical Malpractice in Michigan: The Basics

October 2, 2014 by Howard Slusky Leave a Comment

Medical Malpractice in Michigan: The Basics from Howard Slusky

A victim of medical malpractice may be entitled to both economic and non-economic damages in the State of Michigan. Economic damages are out of pocket expenses such as medical bills and lost wages

Learn more about Medical Malpractice in Michigan in this presentation.

 

Compensation in a Michigan Personal Injury Accident

September 30, 2014 by Howard Slusky Leave a Comment

Compensation in a Michigan Personal Injury Accident from Howard Slusky

The first step in determining if you are entitled to compensation is deciding if another party is legally responsible for causing, or contributing to, the accident. Learn more about compensation in a Michigan personal injury accident in this presentation.

Do I Have A Valid Michigan Workers’ Compensation Claim?

September 30, 2014 by Howard Slusky Leave a Comment

Do I Have A Valid Michigan Workers’ Compensation Claim?

Workplace accidents and work related illnesses occur far more often than most people realize. Sometimes the injuries are minor and the illness not serious; however, all too often a worker suffers serious injuries or a debilitating illness as a result of his or her employment. If you sustain injuries in a Michigan workplace accident, or you believe your illness is a result of your employment, you could be entitled to benefits from the Michigan workers’ compensation system. First, you must determine if you have a valid Michigan workers’ compensation claim.

The Michigan workers’ compensation system provides benefits to workers who are suffering a workplace injury or illness. The benefits available include medical treatment, wage loss replacement, and even things such as rehabilitation or death benefits when appropriate. The first step in determining if you have a valid claim is to determine if you are a covered worker.

Most, but not all, workers in Michigan are covered by the Michigan workers’ compensation system. Some common situations where you may be exempted from workers’  compensation include:

  • Workers covered by the federal workers’ compensation
  • Workers who work for a very small company
  • Agricultural workers
  • Some family members
  • Independent contractors

Next, you must ask yourself if your injury or illness “arose out of and in the course of the employment”. Only injuries and illnesses that satisfy that test are covered by workers’ compensation. For the most part, injuries sustained while at work are clearly work related; however, there are some common situations where it is not so clear. For example, if you were driving to work in the morning and you were involved in a car accident, the injuries clearly did not “arise out of and in the course of the employment” and are not eligible for workers’ compensation benefits. If, however, your boss called you and asked you to stop and pick up some office supplies on the way to work, would the injuries sustained in the car accident be covered by workers’ compensation? These scenarios are harder to analyze; however, there is a good chance you would be covered.

Because it can be complicated to navigate the Michigan workers’ compensation system it is best to consult with an experienced Michigan workers’ compensation attorney right away if you believe you have suffered a compensable injury or illness.

How Long Does It Take to Resolve a Personal Injury Case?

September 25, 2014 by Howard Slusky Leave a Comment

How Long Does It Take to Resolve a Personal Injury Case?

If you are injured in an accident in Michigan you may be entitled to compensation if another party caused, or contributed to, your injuries. The law allows a victim to pursue damages from an at-fault party if the injuries were the result of a personal injury accident. Understandably, one of the most frequent questions we are asked by victims of a personal injury accident is “ How long does it take to resolve a personal injury case? ” Because of the unique nature of a personal injury case it is impossible to provide a simple answer to that question; however, understanding the factors that go into determining how long it takes to resolve a case may be helpful.

 

  • Type of case – various types of “accidents” fall under the purview of personal injury law. Some are easier to litigate than others. A simple car accident case, for example, tends to be easier to resolve than a complicated product liability case involving an auto manufacturer.
  • Extent of injuries – before the parties can even begin to negotiate a settlement your injuries must have reached a point referred to as “maximum medical improvement”. Essentially, this means that although you may not be back to where you were before the accident you have reached a point at which the doctors do not anticipate you will improve much more. Only then can negotiations begin. Therefore, the more serious your injuries the longer it will take to settle your case or prepare for trial.
  • Determining fault – for a victim to be entitled to damages (compensation) the defendant must first be found to have been at fault. This requires the plaintiff (injured party) to prove the defendant was negligent, intentionally injured the plaintiff, or that strict liability applies. If the defendant denies fault, it can take much longer to resolve a personal injury case.
  • Defendant’s willingness to settle – most personal injury cases are settled without the need for a trial. This, however, depends on the defendant’s (or the defendant’s liability insurance carrier) willingness to settle the case. If the defendant is not willing to settle it will typically take months, even years, to get a case to trial.
  • Plaintiff’s expectations – along with the defendant’s willingness to settle the plaintiff must also have realistic expectations when it comes to settling a case. Holding out for a large sum of money if the injuries do not warrant it can cause a simple case to drag on unnecessarily.

 

If you have been injured in a personal injury accident in the State of Michigan, consulting with an experienced Michigan personal injury attorney is the best way to get an idea how long your case will take to settle.

When Are You Considered Disabled for Social Security Disability Insurance (SSDI)?

September 24, 2014 by Howard Slusky Leave a Comment

When Are You Considered Disabled for Social Security Disability Insurance (SSDI)?

At some point in your life you may suddenly find yourself unable to work because of a disability. The sudden, unexpected inability to provide for you and your family may be frightening. Fortunately, help may be available through the Social Security Disability Insurance, or SSDI, program. Administered by the Social Security Administration, or SSA, the SSDI program is a federally funded program that pays benefits to people who are unable to work because of a medical condition that is expected to last at least one year or that is expected to result in death; however, there are certain basic criteria that must be met to qualify for SSDI. Determining your eligibility for benefits begins with filling out the SSDI application.

 

Applying for SSDI benefits can be a lengthy and complicated process, requiring much supporting medical evidence and paperwork. Time for a decision may take up to 5 months. Many applicants choose to work with an experienced SSDI attorney to increase the odds of being approved without the need to appeal. To begin you must meet earning requirements. There is a “recent work” test, which calculates the amount you earned in relation to the time of your diagnosis and a “duration of work” test, which calculates how long you have contributed to Social Security through employment. If these criteria are met, the remainder of the decision is based on your medical condition. In addition to the basic application for disability benefits, there are other forms you will need to fill out. One form collects information about your medical condition and how it affects your ability to work while others provide doctors, hospitals and other health care professionals who have treated you permission to send information to the SSA to help evaluate your application.

Once your application has been filed, it will be reviewed to determine if you have met the basic income requirements. Then it will be forwarded to the Disability Determination Services office in your state. This agency is the one that determines your disability based on information from agency doctors and disability specialists and reports back to the SSA. Information that may be collected from your doctors includes:

  • What your medical condition is;
  • When your medical condition began;
  • How your medical condition limits your activities;
  • What the medical tests have shown; and
  • What treatment you have received.

It is important to note that the agency, not your doctors, decides who is disabled. According to the SSA, the decision is based on 5 questions:

  1. Are you working?

If you earn more than you would receive in SSDI benefits, then you are not eligible. If not, then your medical condition is considered.

  1. Is your medical condition severe?

Your condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year, and/or will result in death.

  1. Is your medical condition on the list of impairments?

If the severity of your medical condition meets or equals that of a listed impairment, which is a list of severe conditions per law, the state agency will decide that you are disabled. If not then step 4 is considered.

  1. Can you do the work you did before?

If yes, your benefits are denied. If no, then step 5 is considered.

  1. Can you do any other type of work?

The agency evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you are able to work, you are not disabled; if you cannot work, you are disabled.

Once all of the information is considered, a decision will be made. A letter will be sent to you stating your application was denied and explaining why, or an approval along with a benefit summary. If you feel the agency should not have denied your application you have a right to appeal the denial. Because the application and appeals process is complicated, the assistance of an experienced Michigan Social Security benefits attorney can be invaluable when navigating the system.

Free Report: Compensation in a Michigan Personal Injury Accident

September 24, 2014 by Howard Slusky Leave a Comment

Compensation in a Michigan Personal Injury Accident

As the victim of a personal injury accident in Michigan you may be entitled to economic and non-economic damages in most cases. Economic damages are usually out of pocket expenses such as lost wages, medical bills, or property damages. These are typically easily quantifiable as you will have a bill, receipt, or statement showing the amount.

Topics covered in this report include:

  1. Are My Injuries the Result of a Personal Injury Accident?
  2. Establishing Fault
  3. Economic, Non-Economic and Punitive Damages
  4. Special Considerations

Click here to read the whole article or download the PDF.

 

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Slusky & Walt, P.C.

Attorneys at Law
248-559-9100

Southfield

17515 West Nine Mile Road, Suite 400 Southfield, MI 48075

Flint

G-4030 Corunna Road Flint, MI 48532

Saginaw

1024 N. Michigan Ave. Saginaw, MI 48602

Romulus

36830 Goddard Road Romulus, MI 48174

East Side Location

25501 Van Dyke Centerline, MI 48015

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Slusky & Walt

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