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What Is Strict Liability?

July 8, 2014 by Howard Slusky Leave a Comment

The State of Michigan is one of several states that have a strict liability dog bite statute. If you are a dog owner it is imperative that you understand Michigan’s dog bite laws. If you have been injured by a dog bite, or are the parent of a child who was injured by one, it is equally important that you understand what strict liability means as it applies to Michigan dog bite injury claims.

The area of the law that addresses injuries to people or property is known as “torts”. All personal injury accident lawsuits are a type of “tort”, including dog bite cases. A tort can be based on one of three types of “means rea”, or state of mind of the defendant. Those three are:

  • Intentional torts – an intentional tort is one committed “intentionally” or with pre-planning on the part of the defendant. Assault is an intentional tort. Though it may also be a criminal offense, assault can be the basis of a civil lawsuit for damages as well.
  • Negligent torts – most personal injury lawsuits are based on negligent torts. Negligence occurs when the defendant owed a duty of care to the victim and breached that duty of care causing injury to the victim. A car accident caused by a driver who was texting while driving is an example of negligence.
  • Strict liability torts – strict liability does not look at the defendant’s state of mind. In a strict liability tort the defendant is liable for damages regardless of any intention to harm on the defendant’s part or on any attempts to prevent harm by the defendant. In Michigan, dog bites are a strict liability tort.

Michigan’s dog bite law is found in Mich. Comp. Laws Ann., sec. 287.351, which states, in pertinent part:

“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.”

In essence, the statute makes the owner of a dog liable for injuries caused by the dog if the dog bites someone who did not provoke the dog and who was lawfully on the owner’s property or who was on public property at the time of the attack.

Contact an experienced Michigan dog bite attorney if you were injured by a dog bite or if you are the parent of a child who was injured by an attack.

What If You Are Partly Responsible for Your Injuries?

July 3, 2014 by John Walt Leave a Comment

What If You Are Partly Responsible for Your Injuries?

A personal injury accident often leaves the victim with serious injuries. Those injuries may be physical and/or emotional. A victim may also suffer financial hardship following a personal injury accident. If you have been injured in a Michigan personal injury accident that was caused by another party, the at-fault party may be responsible for compensating you for all your injuries. What happens though if you are partly responsible for your injuries? In Michigan, the other party may still be required to compensate you even if you were partial responsible for the accident that caused your injuries.

In a personal injury accident a victim is required to prove that another party was negligent (in most cases) in order to be entitled to compensation for damages. All too often, however, it is not clear exactly how an accident occurred and, therefore, exactly who is at fault. Questions can remain even after an investigation determines exactly how the accident occurred. Those questions mean that it is frequently impossible to place 100 percent of the blame on a single party. For this reason, the law uses either comparative negligence or contributory when deciding if a victim is entitled to recover anything for his or her injuries.

In a contributory negligence system a victim cannot recover anything if the victim contributed at all to the accident. In other words, if you are involved in a car accident and it is determined that the other driver was 99 percent to blame and you were one percent at fault you are entitled to nothing from the 99 percent at fault driver. Fortunately, only five jurisdictions in the United States use contributory negligence. Michigan is not one of those.

All other states use some form of comparative negligence. Comparative negligence apportions the fault among the parties involved and then compensates the victim accordingly. In Michigan’s modified comparative negligence rule you are entitled to compensation as long as you are not more than 50 percent at fault. The compensation to which you are entitled is then adjusted pursuant to the level of fault you share in the accident.

By way of illustration, assume that you are in a car accident and it is later determined that the other driver’s drunk driving was 90 percent responsible for the collision; however, your speeding was 10 percent responsible. Assume further that you had medical bills and lost wages totaling $30,000. You would potentially be entitled to $27,000, representing 90 percent of your total damages.

Navigating the legal system can be confusing for the victim of a personal injury accident. Contact an experienced Michigan personal injury attorney today for a consultation to find out how we can help you.

Should I Hire an Attorney for My Child’s Dog Bite?

July 1, 2014 by Howard Slusky Leave a Comment

Should I Hire an Attorney for My Child’s Dog Bite?

As a parent there is nothing worse than seeing your child injured. A child dog bite, therefore, can be a traumatic experience for both the child and the parent. If your child has recently suffered an dog bite attack you may be wondering “ should I hire an attorney for my child’s dog bite ?” The simple answer to that is that it is always a good idea consult with an attorney if you have suffered injuries in any type of personal injury accident. When the accident is a dog bite and the victim is a child it becomes even more important to talk to an attorney.

Any type of personal injury accident can cause serious physical injuries to the victim. A dog bite, however, also tends to cause serious emotional trauma to any victim. When the victim is a child, the emotional scars caused by the attack can last a lifetime. Even a relatively minor dog bite that causes only superficial physical injuries to a child can cause the child to fear dogs, and often all animals, for years to come. Often, a child dog bite victim requires years of therapy to try and erase the trauma caused by the attack. Therapy, of course, is expensive. As the parent, you should not be forced to shoulder the financial costs incurred in treating your child for a dog bite if the dog was not your dog. Fortunately, the Michigan legislators agree with this which is why the State of Michigan has a strict liability law that applies to dog bite injuries.

Mich. Comp. Laws Ann., sec. 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.”

In essence, the law means that if your child was lawfully on the property where the dog bite occurred your child (through you as the child’s guardian) is entitled to compensation for all of the injuries suffered in the dog bite attack, including emotional or mental injuries.

Although the law favors victims of dog bite cases in Michigan it is still a good idea to have an experienced Michigan dog bite attorney on your side to ensure that your child is fully and fairly compensated for both the physical injuries and the emotional trauma suffered in the attack.

Southfield Medical Malpractice – Should I Talk to the Insurance Company?

June 26, 2014 by John Walt Leave a Comment

southfield medical malpracticeWhen we visit a doctor or other healthcare provider we expect to leave feeling better, or at least with a treatment plan that will address the injury or illness that brought us to the office. In most cases that is precisely what occurs; however, sometimes a medical error is committed and a patient is actually harmed by the care the patient received from a doctor or other healthcare provider. When that happens the victim may be entitled to compensation for his or her injuries through a medical malpractice lawsuit. If you believe you are the victim of a medical error it is very important that you do not talk to the doctor’s (or other defendant’s) insurance company until you have first consulted with an experienced Michigan medical malpractice attorney.

Medical errors occur in the United States far more frequently than most people realize. Some medical errors only cause minor inconvenience or injury to the patient; however, many medical errors cause serious, even fatal, injuries to the victim. When a medical error is caused by the negligent acts or omissions of the healthcare provider, the victim may be entitled to compensation through a medical malpractice lawsuit. Once a healthcare provider has been alerted to the possibility of a lawsuit or medical malpractice claim, the provider typically alerts his or her medical malpractice insurer. This, in turn, often prompts a telephone call, or other attempt to communicate, from the insurance adjuster to the victim. If you are the victim of medical malpractice and an insurance adjuster tries to communicate with you do not speak to the adjuster for any reason without an experienced Southfield medical malpractice attorney by your side.

The insurance adjuster’s job is to limit the company’s liability. The easiest way to accomplish this is to get a potential plaintiff (you) to agree to resolve the issue in exchange for a token amount of compensation. All too often a victim ends up settling a valuable medical malpractice claim for a small amount of money, only to find out later that the injuries caused by the medical error will cause a lifetime of pain and suffering.

If you believe you are the victim of a medical error, contact an experienced Southfield medical malpractice attorney right away to determine what legal options you may have. If an insurance adjuster attempts to contact you advise the adjuster that you are seeking legal counsel and your attorney will be your voice from here on out.

Saginaw, Michigan Auto Accident – Is There a Time Limitation?

June 24, 2014 by Howard Slusky Leave a Comment

auto accidents in saginaw michiganAn auto accident can cause serious, even fatal, injuries to the victims involved in the collision. Sometimes those injuries are obvious immediately following the accident while in other cases the injuries (or the severity of the injuries) do not present themselves until weeks, even months, after the collision. If you have been injured in a Saginaw, Michigan auto accident, or you are the surviving family member of a victim who was fatally injured in a collision, you could be entitled to compensation for your injuries or loss. While the law provides a mechanism by which victims can be compensated by a negligent party, the law also limits the time within which victims of auto accidents must pursue that compensation. Failing to pursue compensation in the time frame allotted by law means a victim will forever lose the right to compensation.

Victims hesitate to pursue compensation to which they might be entitled for a variety of reasons. Sometimes it is because they don’t realize the extent of the injuries they suffered. Other times it is because a victim is too traumatized by the collision to focus on practical issues such as litigation and compensation while in still other situations a victim simply doesn’t understand that he or she is entitled to compensation. Regardless of the reason for the delay, failing to act in a timely manner after an auto accident can cause a victim to lose the right to compensation at all.

The law imposes time frames within which certain legal actions may be brought. Known as a “statute of limitations”, these time frames determine how long a litigant, or in the case of an auto accident a victim, has to begin a lawsuit. Note that the statute of limitations, or SOL, marks the date by which the lawsuit must be filed, not the date by which the lawsuit must be resolved or concluded.

In the State of Michigan, the SOL for most personal injury lawsuits is three years from the date of injury. A wrongful death action must also be brought within three years of the date of death. Although the time frames can get complicated in other types of litigation, such as a medical malpractice lawsuit, the SOL for an auto accident or w wrongful death based on an auto accident are fairly clear in Michigan. Even if it appears that you and the at-fault party are going to reach an out of court settlement that resolved the entire matter, it is crucial that a lawsuit be filed prior to the SOL running out or you will lose your right to compensation altogether.

If you have questions or concerns about how the SOL impacts your Saginaw, Michigan auto accident be sure to consult with an experienced Michigan personal injury attorney right away to ensure that your right to compensation is protected.

 

Flint Medical Malpractice: Can I Sue My Doctor?

June 17, 2014 by Howard Slusky Leave a Comment

flint medical malpracticeWhen you are sick or injured you go to a doctor with the expectation that the doctor will heal you. Unfortunately, the opposite sometimes happens – the doctor actually makes you sick or causes you injury. When that occurs, you may ask “Can I sue my doctor?” The simple answer to that question is “yes”, you can sue your doctor. Whether or not the lawsuit will be successful depends on a number of factors.

With good reason, those in the healthcare industry are held to a high standard of care. When that standard of care is breached, and a patient suffers as a result, the doctor (or other healthcare provider) can be held legally accountable for the damages suffered by the victim. Though most doctors are conscientious, hard working professionals, medical errors still occur at an alarming rate. Some of the more common medical errors include:

  • Surgical errors –operating on the wrong body part, leaving foreign objects inside the surgical site, failing to operate, operating on the wrong patient, causing infection at the surgical site.
  • Anesthesia errors – giving a patient too much or too little anesthesia, failing to recognize and anesthesia adverse reaction
  • Diagnosis errors – failing to diagnose, misdiagnoses, diagnosing the wrong disease/condition
  • Prescription errors –wrong dosage, prescribing a drug that is contraindicated, filling with the wrong drug
  • Treatment errors –failing to follow-up, not treating in time (ER)

If you or a loved one believe that a medical error has been committed, and you have suffered injuries as a result of the error, it is best to consult with an experienced Flint medical malpractice attorney as soon as possible. It is possible to file a lawsuit against a doctor based on a medical error; however, medical malpractice law is a highly specialized area of the law that can be very complicated to navigate. Not all errors amount to medical malpractice, for example. Doctors are human, meaning they make honest mistakes. For the error to be considered malpractice, the treatment provided by the doctor must fall below the accepted standard of care generally provided by the medical community. In other words, a doctor’s actions are judged by those of other doctors in similar circumstances. Only an experienced medical malpractice attorney can evaluate the facts and circumstances surrounding the error and determine if the error reaches the threshold necessary to form the basis of a medical malpractice lawsuit.

What Is the Difference Between SSI and SSDI in Southfield?

June 10, 2014 by John Walt Leave a Comment

ssdi in southfieldDisability can strike anyone at any time. If you suddenly find yourself unable to work because of a catastrophic accident or debilitating medical condition you may be entitled to financial assistance from either the Supplemental Security Income program (SSI), the Social Security Disability Insurance program (SSDI), or both. Understanding the difference between the two programs is essential if you plan to apply to either or both.

Both SSI and SSDI are federal benefit programs that provide a monthly monetary benefit to eligible participants. Both are funded and administered primarily by the Social Security Administration, or SSA. As such, both use the SSA definition of disabled which requires you  must not be able 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.

Because it is a “needs based” program, eligibility for the SSI program is also based on your income and resources. In other words, you cannot have income or countable assets over the program limits to be eligible for SSI benefits.

Eligibility for the SSDI program, on the other hand, is not based on your income or resources. Instead, it is based on your pervious work history. To be eligible for SSDI you must have earned enough “work credits” over your lifetime to qualify. A “work credit” is earned by earning a certain amount of money each quarter, $1200 as of 2014. Up to four credits can be earned each year. The number of credits you need to qualify for SSDI depends on your age when you apply for benefits.

As a general rule, monthly SSDI benefits are greater than SSI benefits. In addition, if you qualify for SSDI benefits, certain family members may also qualify based on your eligibility. Your spouse and children, for example, may also qualify to receive a monthly check if you are approved for SSDI.

Although both SSI and SSDI are intended to provide financial assistance to disabled individuals, the application process can be cumbersome and difficult to navigate which is why many initial applications are denied. If you have questions or wish assistance with your application for SSI and/or SSDI in Southfield, contact our injury and disability attorneys today.

Southfield Wrongful Death: Can I Sue the Person Who Caused the Injury or Death?

May 30, 2014 by John Walt Leave a Comment

southfield wrongful deathPeople are injured, even killed, every day in Michigan in what we refer to as an “accident”. These “accidents”, however, are often not truly accidents. Instead, they are frequently the result of negligence on the part of another party. When the negligent acts or omissions of another party are the cause, or a contributing factor, in an injury “accident” or a death, the injured party or the survivors may be entitled to sue the responsible party for damages.

Torts is the area of the law that addresses injuries to people or property. Within the broad area of “torts” is where we find personal injury accidents, premises liability accidents, dog bites, wrongful deaths, and any other scenario where a victim was injured or killed as a result of another party’s wrongful or negligent conduct.

Whether or not you have a valid basis for a lawsuit will depend on a number of factors. Most personal injury lawsuits are based on negligence. Negligence requires you to prove that the defendant had a duty of care to the victim and that the duty was breached by the defendant. A motorist who operates a vehicle on a public roadway, for example, has a duty of care to others sharing the roadway. If that motorist is texting while driving and causes a collision, the motorist has likely breached the duty of care owed to the victims who are injured in the collision.

Negligence, however, is not the only basis used for tort lawsuits. Some claims are based on strict liability or intentional conduct on the part of the defendant. Michigan, for example, has a strict liability statute that holds the owner of dog responsible for injuries caused when the dog bites someone under most circumstances. Intentional conduct, such as an assault, can also form the basis of a civil lawsuit for damages.

The same analysis is used in the case of a wrongful death. The primary difference is that a survivor files a wrongful death lawsuit instead of the person who was actually injured. In addition, the compensation available in a wrongful death lawsuit is a little different that the compensation available in a personal injury lawsuit.

If you believe that you are entitled to file a lawsuit as a result of injuries suffered in an “accident” or as a survivor in a wrongful death, consult with an experienced Southfield wrongful death attorney right away.

What Can I Sue for in a Southfield Auto Accident?

May 30, 2014 by Howard Slusky Leave a Comment

southfield auto accidentIf you have been injured in a motor vehicle accident in Southfield, Michigan, you may have suffered more than just physical injuries. Chances are good that you also suffered emotional trauma as well as financial hardship as a result of the accident if it was more than a fender-bender. Exactly what damages you are entitled to be compensated for will depend on a number of factors.

Michigan is a “no-fault” automobile insurance state. Although the no-fault laws are complex, in essence this means that your own insurance policy will be responsible for compensating you for your medical expenses and lost wages up to a point without regard for who was at fault in the collision. The idea behind no-fault laws is to reduce the number of actual lawsuits filed in motor vehicle accidents when the parties are not seriously injured. The advantage to no-fault insurance is that you do not need to prove fault on the part of another party to be entitled to compensation for certain damages. The disadvantage is that the type and extent of compensation available to you under no-fault insurance is limited. Specifically, compensation for pain and suffering is not available through no-fault insurance.

That does not mean pain and suffering damages are not available. It means that they are not available through your own no-fault insurance policy. Pain and suffering damages, as well as additional compensation for economic damages (medical bills, lost wages etc.) can be recovered through a traditional personal injury lawsuit; however, your injuries must meet the statutory threshold before you can pursue a traditional personal injury lawsuit against the at-fault driver. Michigan law restricts claims for pain and suffering unless the impairment has affected “the person’s general ability to lead his or her normal life.”

If you have been injured in a Southfield auto accident, consult with an experienced Southfield personal injury accident attorney as soon as possible. Only an experienced attorney can evaluate the unique facts and circumstances of your collision and subsequent injuries to determine if you meet the threshold required to pursue a traditional personal injury lawsuit. Your attorney can also help you file any relevant first party claims with your own no-fault insurance provider.

Social Security Disability Insurance in Southfield: Am I Eligible for Benefits?

May 30, 2014 by John Walt Leave a Comment

social security disability insurance in southfieldMost of us depend on our ability to work for a living in order to support ourselves and/or a family. What happens though, if you suddenly find yourself unable to work because of a debilitating injury or medical condition? Fortunately, in the United States there are several federal assistance programs that might be able to help. Social Security Disability Insurance, or SSDI, is one of those programs. Only an experienced SSDI attorney in Southfield can review your specific situation and provide you with an opinion as to your eligibility; however, a better understanding of Social Security Disability Insurance in Southfield and the basic eligibility guidelines is a good place to start.

The SSDI program is a federal program that is administered by the Social Security Administration, or SSA. The SSA also administers another similar program, Supplemental Security Income, or SSI. Although both programs offer monthly monetary benefits to eligible recipients, there are some significant differences in the programs. Most notably, SSDI typically provides a highly monthly benefit amount. Therefore, it makes sense to try and get an SSDI application approved before considering SSI.

To be eligible for SSDI you must meet the definition of “disabled” and you must have earned sufficient “work credits”, or be the spouse of someone who did. The SSA defines “disabled”, for purposes of eligibility for SSDI as:

  • You cannot do work that you did before;
  • We decide that you cannot adjust to other work because of your medical condition(s); and
  • Your disability has lasted or is expected to last for at least one year or to result in death.

Certain medical conditions presumptively meet the SSA definition of disabled while others require further analysis.

If your condition qualifies as “disabled” you must still have earned enough work credits to qualify for benefits. As a general guideline, you need 40 credits, at least 20 of which were earned within the last ten years. Up to four credits can be earned each year. As of 2014 you earn one work credit for every $1,200 of wages or self-employment income. If you are young when you apply for SSDI the number of work credits required to qualify may be less than the typical 40 required of older workers.

The amount of your monthly benefit will also depend on your work history up to a maximum of $2,642 a month as of 2014. If you qualify for SSDI, your spouse and/or dependent children may also qualify based on your eligibility.

Navigating the SSDI application system can be difficult and time consuming. If you think you may qualify for SSDI benefits, contact an experienced Southfield SSDI attorney right away to assist you with your application.

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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

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G-4030 Corunna Road Flint, MI 48532

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