The Law Offices of Henry M. Hanflik specializes in Car Crashes, Michigan no fault Attorneys, Michigan No Fault Lawyers

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Car Accidents

 

Car Accident Resource Center of Michigan

 

Auto AccidentA Michigan car accident can be a life-changing event that may result in wrongful death, or permanent, serious injuries and disabilities to a driver, passengers or pedestrians. With more than twenty million car accidents occurring each year in the United States, many Michigan drivers will, at some time, be involved in a serious auto accident. It is important that Michigan car accident victims know their rights and are represented by an experienced Michigan car accident attorney. If you, a friend or a loved one have been injured in a car accident in Michigan or in another state, call the toll-free number 1 (888) 905-4632 of the Car Accident Resource Center of Michigan at The Law Offices of Henry M. Hanflik.

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What You Should Know About Auto Accidents - FAQ's
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What You Should Know About Car Accidents:

Q:
What should I do to protect my family and myself before an injury or claim from an auto accident occurs?
A:
Always keep your vehicle insured.
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Understand your health insurance and how it will work if you are injured in an automobile collision.
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Understand your automobile insurance.
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Review the declarations page to your auto insurance policy.
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Meet with your insurance agent to discuss available coverage alternatives.
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Meet with an attorney who specializes in auto insurance claims to review the adequacy of your coverage.
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Understand the types of coverage on your auto insurance policy:
 
  1. What does “full coverage” really mean?
  2. Bodily injury?
  3. Uninsured Motorist and Underinsured Motorist?
  4. No-fault (a/k/a “P.I.P.”) coverage options?
  5. Know the process for filing a claim with your insurance company.

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Q:
I have been in an auto accident. What should I do?
A:
You should:
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Report the accident to the police and obtain a copy of the police report when completed. Also obtain names, addresses, and phone numbers of any witnesses.
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Get injuries treated and report all problems to doctor(s) and/or hospital emergency room.
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Photograph the vehicle (interior and exterior).
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Photograph visible injuries to any person (even if just bruises).
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Contact your insurance company to report the claim and start the procedure for no-fault benefits. However, be careful in filling out these forms. Contact a lawyer specializing in personal injury claims if you are uncertain.
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Get written documentation of work disability and any need for household services or nurse's aide services from a doctor.
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Get proof of wages and income.
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Document mileage for medical appointments and prescriptions.
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Document changes to life and lifestyle - PAIN DIARY.
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Q:
Do I have an auto accident case?
A:

Because every case is unique, you should speak with an experienced personal injury attorney who will evaluate your case. For your free consultation, contact the injury specialists of the Auto Accident Resource Center of Michigan:
The Law Offices of Henry M. Hanflik at 1 (888) 905-4632.

 
 
Q:
Michigan Law for auto accidents is a "No-Fault" law. What does that mean?
A:

Basically, the “no-fault” system separates your auto accident claim into one of two separate categories:

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The first category provides you with reimbursement for reasonably necessary medical expenditures required to treat and rehabilitate your mind and body, as well as reimbursement for your loss of income during your disability (up to a specified amount allowed by statute). In addition, there are other benefits available under this “no-fault” portion of the claim. The payment of these benefits is made by your own, or possibly your employer's, insurance company without regard to your own fault in the accident.
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The second category contains your right to seek recovery (make a claim or sue) from the adverse party for pain and suffering and loss of income (in excess of that covered by no-fault). However, because of the availability of no-fault benefits, Michigan does not automatically allow the accident victim to seek recovery for pain and suffering and for disfigurement after every accident.

 

In Michigan, there are certain minimum “thresholds” established by law that the injured victim must meet before collecting any damages. The “thresholds” include death, permanent serious disfigurement of the body or serious impairment of a body function.

 
Q:
Under the no-fault system, does my insurance company make up for my lost wages?
A:

Yes, within limits. Payments are also reduced if you receive workers’ compensation or Social Security benefits and may be reduced if you have disability insurance. There is also a statutory cap, or limit, on the amount of lost wages that the insurance company must pay you each month.

 
Q.
Under the no-fault system, how long am I entitled to receive no-fault benefits? If so, how long will benefits be paid?
A.
The answer to this question can be complex and shows why you should contact a lawyer soon after a motor vehicle accident.  In short, certain benefits, including wage loss benefits and household service benefits, last up to three years after a crash, if a doctor says that you need those benefits as a result of injuries from the crash.  Other benefits, including medical coverage, mileage reimbursement, and nurse's aide or attendant care benefits, are lifetime benefits.  This means that those benefits are available to you, if needed, for the rest of your life.
 
Q:
What are attendant care or nurse's aide services?
A:
These are benefits paid to you or on your behalf if you have been severely injured in a car crash and a health care professional states that you require personal care and supervision, including such tasks as bathing, dressing, and personal hygiene, transport to a doctor, or assistance with walking, etc.  Either a professional outside agency can be hired to perform these services, or, at times, family members and/or friends can be hired and paid to provide those services.
 
Q:
I was seriously injured in a car crash, but the police say that the crash was my fault.  Does that have any impact on the no-fault benefits that I can receive after the car crash?
A:
No.  As the name “no-fault” implies, fault in the crash is irrelevant to whether you are entitled to receive no-fault benefits or how long you are entitled to receive no-fault benefits.
 
Q:
I was injured from a car crash that was not my fault.  Describe these “thresholds” that must be satisfied in order to receive pain and suffering damages?
A:

Over the past few years, Michigan Courts have spent a considerable amount of time attempting to define what injuries are serious enough to meet the minimum "thresholds." However, you must have sustained an injury that involves a serious impairment of an important bodily function, affecting your general ability to lead a normal life. There are three distinct requirements to this definition:

  1. Your ability must be objectively manifested, i.e., medically identifiable and have a physical basis. Pain must be medically substantiated to be considered an objectively manifested injury.
  2. Your impairment must involve an important bodily function. Some of the factors that the Courts will consider include: the severity of your injury, the nature of the treatment required, the duration of your disability, the extent of residual impairment and prognosis for your recovery.
  3. The impairment must have affected your ability to lead a normal life and constitute more than a minor interruption on your life. The impairment must have affected the course and trajectory of your entire normal life.

A trial court will objectively compare your lifestyle and activities prior to the accident to your lifestyle and activities after the accident. If some aspects of your entire like are not interrupted by the impairment, and your life has progressed on a normal course and trajectory, then the trial court will rule that your general ability to lead a normal life has not been affected and your injury does not meet the serious impairment of bodily function threshold.

 
Q:
How can I put a value on a personal injury claim from a car accident?
A:
Every claim is different. Many factors influence the value of each potential personal injury claim. To accurately assess the value of the potential personal injury claim, you should rely upon the knowledge and experience of your attorney. Contact the injury specialists of the Car Accident Resource Center of Michigan The Law Offices of Henry M. Hanflik at 1 (888) 905-4632.
 
   

What you should know about Negligence?

Q:
What is "negligence"?
A:
Negligence is a legal term for fault that simply means failing to act as a reasonably careful person or business would act under the same or similar circumstances.
 
Q:
Can both parties in a negligence lawsuit be negligent at the same time?
A:
Yes. If you are injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you are guilty of comparative negligence. You may also be guilty of a form of comparative negligence if you voluntarily expose yourself to danger - by riding a roller coaster without wearing a seat belt, or working with a neighbor's power saw or other dangerous tool if your are inexperienced or fail to use a safety guard.
 
Q:
If I am partially responsible for being injured as a result of somebody else's negligence, can I still claim damages?
A:
In Michigan, the courts apply the rule of comparative negligence, which holds that even if you are guilty of contributory negligence, you may recover damages reduced in proportion to the amount of negligence for which you are responsible. However, if you are more than 50 percent responsible, you may not be able to recover pain and suffering damages. The percentage of negligence is determined by the court and/or the jury.
 
Q:
How would the amount of an award in my negligence case be determined?
A:
The award would be determined by consideration of the victim's losses and the dollar value judged to adequately compensate for the victim's pain and suffering. The victim's losses can include the inability to work, the impact of the injuries upon the victim's life, and, in some cases, the amount of the medical costs needed to treat the victim's injuries. The total of these is known as damages. However, if the Defendant has shown flagrant disregard of the safety of the injured victim, additional damages may be recovered.
 
   

Not all Attorneys are Equally Qualified to Handle Personal Injury Cases.

Q:
How do I select the right law firm to represent me?
A:
Make no mistake about it: Not all attorneys are equally qualified to handle personal injury cases. Choose an attorney with a solid reputation in the community. Base your selection on the recommendation of other knowledgeable consumers, judges and attorneys. Look for an attorney with many years of experience in handling injury and death claims. The Law Offices of Henry M. Hanflik have the experience, resources and commitment to win awards from well-financed insurance companies and corporations. We will obtain the maximum degree of justice for our clients.
 
Q:
Do I need money to retain The Law Offices of Henry M. Hanflik in order to have my claim evaluated or processed?
A:
No. Virtually every claim handled by our office is handled on a contingency basis. This means that our office advances the costs necessary to handle your claim. Fees are charged only if a recovery is made on your behalf.
 
Q:
If I hire The Law Offices of Henry M. Hanflik to represent me, does that mean I automatically have a lawsuit against someone or some company?
A:
No. Each case requires careful analysis and evaluation. After we analyze the information we gather regarding your claim, we will discuss with you the best course of action to follow. Our firm rarely files a lawsuit soon after we begin work on a claim. Filing a lawsuit may not always be in the best interest of the client.
 
Q:
If a lawsuit is filed, does that mean I automatically have to go to court?
A:
Not usually. In our experience, the majority of lawsuits are resolved before the day of trial. However, we will thoroughly prepare your claim on the assumption that your case will go to trial. Sometimes, it is necessary to take a case to a trial. Attention to details helps to resolve claims prior to trial.
 
Q:
How long will my claim take?
A:
There is no specific time. Each case is unique and is treated as such by our office. Often, claims require several months or as long as several years to resolve, depending upon the complexity of the case.
 

 

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