Howard Slusky, Author at Slusky & Walt

Free Report: Michigan Medical Malpractice – The Basics

September 20, 2014 by Howard Slusky Leave a Comment

Not all mistakes made by a healthcare professional amount to medical negligence; however, when a medical error does qualify as medical negligence the victim, or survivors in the case of a fatal error, may be entitled to compensation for the resulting injuries.

Topics covered in this report include:

Medical Errors in the United States
Common Medical Errors
What Is Medical Negligence?
Proving Medical Negligence — Why Medical Malpractice Lawsuits are Different
Compensation in a Michigan Medical Malpractice Lawsuit

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

Hours of Service Rules for Truck Drivers

September 16, 2014 by Howard Slusky Leave a Comment

In the United States we continue to depend heavily on the trucking industry to move goods and merchandise from point A to point B. As a result, the nation’s highways and roadways are typically saturated with tractor-trailers at any given time of the day or night. Unfortunately, this also means that large trucks are frequently involved in collisions – often with tragic results. One common cause of trucking accidents is driver fatigue. Despite the Hours of Service Rules, or HOS rules, for truck drivers imposed by the U.S. federal government, truck drivers often continue to drive when they are too tired to be behind the wheel. If you have been injured in a Michigan trucking accident, or have lost a loved one to one, a better understanding of the HOS rules may help you determine if the defendant was in violation of those rules and, if so, if that violation contributed to the collision.

Truck drivers make their living behind the wheel. Frequently, they are paid by the load or by the mile driven. This provides an incentive to drive more and drive farther. As far back as the early 1940s efforts were made to try and limit the number of hours a truck driver could drive without a sufficient rest period. Since then, various schemes have been implemented by the Federal Motor Carrier Safety Administration, or FMCSA, to ensure that truck drivers aren’t driving while drowsy. The FMCSA is the federal agency responsible for promulgating and enforcing safety rules for the trucking industry in the U.S. The goal of the HOS rules is to ensure that truck drivers don’t drive for too long at one time and don’t spend too many cumulative hours behind the wheel each week. The most recent changes to the HOS rules took effect in July of 2013 and include the following provisions:

Limiting the maximum average work week for truck drivers to 70 hours, a decrease from the previous maximum of 82 hours;
Allowing truck drivers who reach the maximum 70 hours of driving within a week to resume if they rest for 34 consecutive hours, including at least two nights when their body clock demands sleep the most – from 1-5 a.m., and;
Requiring truck drivers to take a 30-minute break during the first eight hours of a shift.

Truck drivers who violate the HOS rules can be fined and/or have their Commercial Driver’s License (CDL) suspended or revoked for multiple violations. Trucking companies that allow, or even encourage, drivers to ignore the HOS rules can also be fined or lose their license to operate.

A violation of the HOS rules is not, per se, proof of negligence on the part of a truck driver involved in a collision; however, it can certainly be evidence that the driver was driving while fatigued which may have caused, or contributed to, the collision.

If you have been injured, or lost a loved one, in a Michigan trucking accident, contact an experienced Michigan trucking accident attorney right away to determine what legal options you may have.

What Is a Contingent Fee?

September 11, 2014 by Howard Slusky Leave a Comment

For the average person, one of the biggest concerns they have when faced with a legal problem is how to afford the services of an attorney. After all, experienced and skilled legal representation is not usually free. Fortunately, for certain types of legal matters attorneys routinely accept payment in the form of a contingent fee instead of charging a flat fee or charging by the hour. Understanding what a contingent fee is and how it applies to your case is important if your attorney is accepting a contingent fee as payment.

Attorneys typically collect their fees using one of three methods – flat fee, hourly rate, or a contingent fee. A flat fee payment arrangement means that the attorneys has agreed to represent you for the duration of a case, or to complete a legal matter, for a pre-determined fee that will not change regardless of the time it takes to conclude the matter. An attorney might, for example, charge you X dollars to prepare a Last Will and Testament or to represent you in a criminal prosecution. You may be required to pay the entire fee upfront or be allowed to make payments.

When an attorney charges you an hourly rate it means the attorney will keep track of all the time your attorney as well as his or her staff spends on your legal matter. You are then charged for that time at the agreed upon hourly rate. Typically, when you are charged by the hour you will be required to pay a retainer fee up front. Time spent on your case is then charged against the retainer fee until it runs out at which point you will need to replenish the fee fund. Most civil litigation is charged using an hourly rate fee.

In both the flat fee and hourly rate arrangements a client must have money up front for the attorney. When an attorney’s fee is based on a contingency fee arrangement, however, the client is not required to pay anything up front. Personal injury cases, for example, usually use a contingency fee. Instead of paying anything up front you agree to give the attorney a percentage of the settlement or award money if the attorney is successful. For example, imagine that you were in a car accident and you hired an attorney to sue the at fault driver. The attorney is able to negotiate a settlement for $80,000. Your contingency fee arrangement calls for the attorney to earn 30 percent, or $24,000. Keep in mind, however, that doctor bills and other expenses may need to be paid first.

Contingency fee arrangements are also common in workers’ compensation cases and federal benefit cases, such as SSI and SSDI. Although the rate cannot change once it has been agreed upon, it is not unusual for an attorney to charge a higher percentage if the case goes to trial or is appealed to a higher court. If you enter into a contingency fee arrangement with a Michigan personal injury attorney be sure that you understand the terms before moving forward.

What Should I Do to Ensure My Rights are Protected in a Michigan Personal Injury Accident?

September 4, 2014 by Howard Slusky Leave a Comment

If you have suffered injuries as a result of a personal injury accident in Michigan you could be entitled to compensation for your injuries. Although we commonly use the word “accident”, the reality is that all too often the injuries were caused by a true accident but by the intentional, negligent, or wrongful conduct of another party. When that is the case, the victim could be entitled to both economic and non-economic damages. If you are a victim, there are a number of steps you should take to ensure that your rights are protected in a Michigan personal injury accident.

Submit to a thorough medical examination. Victims often refuse medical treatment at the scene of the accident. Not only does this increase the risk of serious, even life-threatening, injuries going unnoticed and untreated, but it also puts your right to compensation at risk. By going directly to the hospital for an examination, you might uncover a serious injury, such as a traumatic brain injury, that shows no outward signs or symptoms. In addition, a medical examination right after the accident provides a legal connection between the injuries you suffered and the accident.

Do not speak to the defendant’s insurance company. Never speak to the at-fault party’s insurance company until you have consulted with an attorney. The conversation will be recorded and you could easily say something that could be misinterpreted or that could place some of the blame for the accident on you instead of the defendant.

Document the accident. When you are able, get contact information for the at-fault party and any witnesses. Take pictures of the scene of the accident and anything else relevant. Also, keep a daily pain journal that details how you felt each day after the accident. This can be helpful when arguing for non-economic damages (pain and suffering).

Consult with an attorney. The best way to ensure that your rights are protected after a Michigan personal injury accident is to consult with an experienced Michigan personal injury attorney right away.

Injuries suffered in a personal injury accident can have long-lasting consequences. To ensure that you and your rights are protected and that you are fully and fairly compensated for those injuries, contact an experienced Michigan personal injury attorney as soon as possible.

Auto Accidents – Where Do I Start?

September 2, 2014 by Howard Slusky Leave a Comment

Experts tell us that we all stand at least a 25 percent chance of being involved in an auto accident at some point in our lifetime. We all know it is a possibility; yet, no one plans to be involved in a collision. Therefore, if you suddenly find yourself involved on a motor vehicle accident you may be asking yourself “ Where do I start? ” While each auto accident presents a unique set of facts and circumstances, there are some common steps that any victim should take in the minutes, hours, and days after a collision.

Secure the scene and call the police. If you are able, move yourself to a safe location. If the collision occurred in the middle of a busy roadway, get to the shoulder if you are able to do so to prevent being further injured in a secondary collision. Call the police even if the accident appears to be minor. Contacting the police is the safe thing to do and serves to document the time and place of the crash.

Obtain contact information if possible. If your injuries do not prevent you from moving and speaking, get the contact information for others involved in the crash and any witnesses to the crash. Thought he police report should have all this information, a surprising percentage of accident reports are lacking in vital information.

Submit to a thorough medical examination. Many serious injuries do not present obvious outward signs. A potentially fatal traumatic brain injury, for example, can only be diagnosed by the use of sophisticated equipment found at a hospital. Going directly to the hospital also serves to provide a clear nexus between the accident and any injuries you claim when the time comes to negotiate a settlement.

Contact your insurance company. Let your insurance company know what happened. In theory, your insurance company is on your side; however, in reality it really is best to speak to an attorney before talking to your own insurance company as well.

Do NOT talk to the other driver’s insurance company. Never agree to discuss what happened with another driver’s insurance company. Always speak to an attorney first. Victims routinely lose compensation to which they are entitled because they said the wrong thing, or phrased something the wrong way, during a “we just want to get your version of events” conversation with the other driver’s insurance company.

Contact an experienced Michigan personal injury attorney. If you haven’t already done so, contact an experienced Michigan auto accident attorney at this point. This ensures that your rights will be protected and allows you to concentrate on healing.

Follow up with all medical treatment. While the initial evaluation was necessary it is not sufficient. Always follow up with any recommended treatment. This is best for your health and for any claim you pursue against an at-fault driver.

For specific questions about your Michigan auto accident, contact an experienced Michigan motor vehicle accident attorney right away.

Steps to Take Following a Michigan Dog Bite

August 26, 2014 by Howard Slusky Leave a Comment

A dog bite attack can be a terrifying experience for anyone. If the victim is a child, the terror caused by the attack is likely to be magnified and extended well into adulthood. Because of this, many states, including the State of Michigan, have taken a strict liability approach to dog bite cases. Basically, this makes the owner of the dog liable for your injuries regardless of the circumstances of the attack in most cases. Because you are unlikely to be thinking clearly at the time should you find yourself (or a child) to be the victim of a dog bite, it helps to know now what steps to take following a Michigan dog bite.

Michigan law relating to dog attacks is fairly clear and places the blame, or liability, directly on the owner of the dog. Michigan Compiled Laws Annotated 287.351 states:

“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.”

Although every animal attack occurs under a unique set of facts and circumstances, the following steps are common steps to take after a dog bite occurs:

Prevent further injury. Dogs can be unpredictable. If the attack seems to be over, don’t assume it is. Remove yourself (or the victim) from a vulnerable position to prevent further harm.

Call for help. Call the police. This serves numerous purposes. First, it helps secure the scene and will summon medical help. Second, it may help identify the responsible dog if you don’t know whose it was. Finally, it will create an official record of the incident should one be needed for litigation purposes.

Identify the dog. Unless the dog is known to you, you may only have a short period of time to figure out where it lives. Of course, medical treatment is more important; however, if you have someone who can pursue the identification of the dog while you seek medical treatment that may be a good idea before the dog completely disappears. You can also check with animal control at a later time to see if the dog was captured.

Seek medical treatment. Always go to the hospital for an examination and treatment. Dog bites can be serious and are prone to infection, even if the dog was not carrying any serious diseases.

Consult with an attorney. The law is clear. In most cases, the owner of a dog is responsible for injuries if the dog bites someone. Though the physical wound may heal relatively fast, the emotional wound may be much slower to heal. All of those injuries are potentially compensable. Consulting with an experienced attorney is the best place to start when pursuing compensation.

As the victim, or parent of a victim, in a Michigan dog bite case you are likely entitled to compensation for both your physical and emotional injuries caused by the attack. Consult with an experienced Michigan dog bite attorney as soon after the attack as possible to determine how best to proceed.

What Happens If a Workers’ Compensation Claim Is Denied in Michigan?

August 19, 2014 by Howard Slusky Leave a Comment

If you have suffered a workplace accident or illness in Michigan you may be entitled to benefits from the Michigan workers’ compensation system. In theory, filing for benefits and getting that application approved should be easy. In reality, however, navigating the workers’ compensation system can be difficult, particularly if your original claim for benefits is denied. It is always in your best interests to consult with an experienced Michigan workers ‘compensation attorney to discuss the specifics of your case; however, a basic understanding of what happens if a workers’ compensation claim is denied in Michigan may be helpful in the meantime.

If you are injured on the job, or believe you are suffering a job related illness, you should report your injury or illness to your employer immediately. Typically, your employer then files a claim for benefits with the employer’s workers’ compensation insurance carrier. If your employer does not file a claim for you it may become necessary to file one yourself with the Michigan Workers’ Compensation Agency. Shortly after your claim is filed you should receive either an approval or a denial. A claim may be denied for a number of reasons, including, but not limited to:

Employer claims you are not a covered worker
Employer claims your injury/illness is not job related
Employer claims it is a pre-existing condition
Employer claims the illness/injury is not covered
Technicalities (insufficient information, form missing etc.)

If you receive a Notice of Denial you have the right to appeal the denial. To do so you must notify the Agency of your intention to appeal. Some appeals go directly to mediation, including the following:

Your claim concerns a definite period of time and you have returned to work.
Your claim is for medical benefits only.
You are not represented by an attorney.
The Agency determines that the dispute may be resolved by mediation.

Claims that do not meet the above criteria will go directly to the Michigan Workers’ Compensation Appellate Commission, or MWAC. In addition, if you went through mediation and do not agree with the decisions reached during mediation you may also appeal to the MWAC. At the MWAC stage your case will be heard by a magistrate, someone who is similar to a judge. A trial will occur during which you may present evidence in support of your claim for benefits. Likewise, your employer will present evidence in support of the denial of benefits. If the magistrate upholds the denial, you then have the right to appeal to the Michigan Court of Appeals and the Michigan Supreme Court.

Getting a claim approved becomes more difficult the farther you climb up the appeals ladder. For this reason, it is best to consult with an experienced Michigan workers’ compensation attorney early on in the process.

Free Report: Michigan Workers’ Compensation: A Basic Guide

August 13, 2014 by Howard Slusky Leave a Comment

If you are like most workers, you go to work each day without being overly concerned about being involved in a workplace accident or suffering from an illness related to your work. Unfortunately, however, workplace accidents and illness happen far more frequently than most people realize.

Topics covered in this report include:

What Is Workers’ Compensation in Michigan?
Are you a Covered Worker?
Michigan Workers’ Compensation Benefits
Applying for Michigan Workers’ Compensation Benefits

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

How Is the Worth of a Personal Injury Claim Calculated?

August 12, 2014 by Howard Slusky Leave a Comment

If you have been injured in a personal injury accident you are likely suffering both physical and emotional injuries as well as financial hardship as a result of the accident. If another party caused, or contributed to, the accident you could be entitled to compensation for the injuries you have suffered. Understandably, you may wish to know how the worth of a personal injury claim is calculated. Although a universal formula for calculating the worth of a claim does not exist, there are some common factors used when determining the value of a personal injury claim. A better understanding of those factors may provide some insight into your claim.

In a personal injury accident, the victim often suffers actual physical injuries as well as emotional trauma. With this in mind, the law allows a victim to pursue both economic and non-economic damages. Economic damages are easily quantifiable and include things such as the cost of repairs to your vehicle or other personal property, medical bills, and lost wages. Economic damages are out of pocket expenses and are, therefore, fairly easy to calculate. Although the defendant could bicker over the amount of a bill, at least you will have actual proof of the economic damages you incurred as a result of the defendant’s negligence.

Non-economic damages are what most people refer to as “pain and suffering” and are intended to compensate a victim for the emotional trauma the defendant’s negligence caused. Non-economic damages are much harder to quantify because you do not have bills or statements showing the value of the non-economic portion of a claim. When evaluating the non-economic portion of a claim, the following factors may be considered:

Type of physical injuries
Extent of the physical injuries
Number of physical injuries
Age of victim
Victim’s career and/or education
Health of victim prior to the accident
Disfiguration, scarring, permanent damage
Future prognosis

Along with determining the value or your economic and non-economic damages, any fault on your part must also be factored into the value of the claim. If you were 10 percent at fault, for example, the value of your claim must be adjusted accordingly. Imagine that your claim was worth $50,000 but you were 10 percent at fault. Your claim would then only be worth $45,000 ($50,000 – $5,000 (0.10 percent) = $45.000).

Each personal injury accident claim includes a unique set of facts and circumstances. Only an experienced Michigan personal injury attorney can evaluate the facts and circumstances of your case and determine what the case may be worth. Ultimately, the decision to accept a settlement or not is yours alone to make; however, having an experienced personal injury attorney on your side ensures that your interests are protected throughout the lawsuit.

How Long Does It Take to Get Social Security Disability Insurance Approved?

August 5, 2014 by Howard Slusky Leave a Comment

If you are suffering from an illness, condition, or injury that prevents you from working you could be entitled to Social Security Disability Insurance, or SSDI. If you are approved for SSDI you (and your dependents in some cases) will receive a monthly monetary benefit. While the SSDI program provides much needed benefits to disabled individuals and their families, getting an application approved can be a complex and lengthy process. Getting Social Security Disability Insurance approved can take anywhere from several months to several years, depending on many factors.

The SSDI program is a federally funded and program that is administered by the Social Security Administration, or SSA. Although the programs are similar, it is important to distinguish SSDI from the Supplemental Security Income program, or SSI. Both the SSI and the SSDI program use the SSA definition of disabled which requires you to be unable to engage in any substantial gainful activity because of a medically-determinable physical or mental impairment(s):

That is expected to result in death OR
That has lasted or is expected to last for a continuous period of at least 12 months.

The primary difference between the programs is that eligibility for SSDI is based on your past work history whereas SSI eligibility is determined by your income and assets.

Unfortunately, statistically speaking you only have a one in three chance of getting your application for SSDI approved at the initial application level. Furthermore, it typically takes a minimum of three to four months to receive an initial determination from the SSA. It is far from uncommon for an application to take over six months to be evaluated and a decision made as to eligibility. The good news is that is that of you application if approved you will receive retroactive benefits from the date of your application. You may even qualify for benefits for the time pre-dating your application date. Of course, those benefits don’t do you any good while you are waiting for the application to be processed and have no source of income due to your disability. Worse still, if your initial application is denied it could ultimately take over a year to get your application approved through the appeal process.

If you believe that you qualify for SSDI, consulting with an experienced Michigan SSDI attorney before you begin the application process will ensure that the application is properly filled out, thereby increasing your odds of getting the application approved without the need to appeal a denial.

Free Report: Michigan Medical Malpractice – The Basics

Hours of Service Rules for Truck Drivers

What Should I Do to Ensure My Rights are Protected in a Michigan Personal Injury Accident?

Auto Accidents – Where Do I Start?

Steps to Take Following a Michigan Dog Bite

What Happens If a Workers’ Compensation Claim Is Denied in Michigan?

Free Report: Michigan Workers’ Compensation: A Basic Guide

How Is the Worth of a Personal Injury Claim Calculated?

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