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Automobile Accidents, Car Accidents

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What You Should About Auto 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.

bullet
Understand your health insurance and how it will work if you are injured in an automobile collision
bullet
Understand your automobile insurance
bullet
Review the declarations page to your auto insurance policy
bullet
Meet with your insurance agent to discuss available coverage alternatives
bullet
Meet with an attorney who specializes in auto insurance claims to review the adequacy of your coverage
bullet
Understand the types of coverage on your auto insurance policy
bullet
What does “full coverage” really mean?
bullet

Bodily injury?

bullet
Uninsured Motorist and Underinsured Motorist?
bullet
No-fault (a/k/a “P.I.P.”) coverage options?
bullet
Know the process for filing a claim with your insurance company.

back to faq's

Q:
I have been in an auto accident. What should I do?
A:

You should:

bullet
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.
bullet
Get injuries treated and report all problems to doctor(s) and/or hospital emergency room
bullet
Photograph the vehicle (interior and exterior)
bullet
Photograph visible injuries to any person (even if just bruises)
bullet
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.
bullet
Get written documentation of work disability and any need for household services or nurses’ aide services from a doctor
bullet
Get proof of wages and income
bullet
Document mileage for medical appointments and prescriptions
bullet
Document changes to life and lifestyle - PAIN DIARY

back to faq's

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. Hanflikat 1 (888) 905-4632.

 
 
Q:
Michigan Law for auto accident 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:

bullet
The first category provides you with reimbursement for reasonable and 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 insurance company without regard to your own fault in the accident.
bullet
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, how long am I entitled to receive no-fault benefits? If so, how long will benefits be paid?
A:

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

 

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 nurses’ 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 replacement 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.  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 Michigan 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 or not 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 several years, Michigan Courts have spent a considerable amount of time attempting to define what injuries are serious enough to meet the minimum “threshold”.  There is no single definition to answer this question.  However, the Courts will look at a variety of factors including the severity of the injury, the nature of the treatment needed to recover or rehabilitate from that injury, the length of time off work, and how the injury(s) has/have impacted your ability to lead the course and trajectory of your normal life.
 
Q:
How can I put a value on a personal injury claim from a car accident?
A:
You can't. 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 Auto Accident Resource Center of Michigan:
The Law Offices of Henry M. Hanflikat 1 (888) 905-4632
 
   

What You Should Know About Truck and Tractor-Trailer Accidents?

Q:
Michigan Law for trucks and tractor-trailer accidents is a "no-fault" law. What does that mean?
A:

Basically, the "no-fault" system separates your truck accident claim into one of two separate categories:

 

The first category provides you with reimbursement for reasonable and 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 specific amount allowed by stature). In addition, there are other benefits available under the "no-fault" portion of the claim. The payment of these benefits is made by your own insurance company without regard to your own fault in the accident.

 

The second category contains your rights 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" laws that must be met before the injured accident victim can collect any damages. The "thresholds" laws include death, permanent serious disfigurement of the body or serious impairment of a body function.

 
Q:
What should I do before an injury or claim occurs?
A:

Always keep your vehicle insured.

 

bullet
Understand your health insurance and how it will work if you are injured in an automobile collision.
bullet
Understand your truck and tractor-trailer insurance
bullet
Review the declarations page to your truck insurance policy
bullet

Meet with your insurance agent to discuss available coverage alternatives

bullet
Meet with an attorney who specializes in truck and tractor-trailer insurance claims to review the adequacy of your coverage
bullet

Understand the types of coverage on your truck 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.
 
Q:
Do I have a truck 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 Truck and Tractor-Trailer Resource Center of Michigan:

The Law Offices of Henry M. Hanflikat 1 (888) 905-4632

 
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. 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?
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 lost 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 nurses' 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 and replacement services?
A:
These are benefits paid to you or on your behalf if you have been severely injured in a truck or tractor-trailer crash and a health care professional state that you require personal care and supervision, including such tasks as bathing, dressing, and personal hygiene. 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 truck crash, but the police say that the crash was my fault. Does that have any impact on my no-fault benefits that I can receive after the truck crash?
A:
No. As the name "no-fault" implies, fault in the crash is irrelevant to whether or not 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 truck crash that was not my fault.  Describe these “thresholds” laws 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 "threshold". There is no single definition to answer this question. However, the Courts will look at a variety of factors including the severity of the injury, the nature of the treatment needed to recover or rehabilitate from that injury, the length of time off work, and how the injury(s) has/have impacted your ability to lead the course and trajectory of your normal life.
 
Q:
I have been in a trucking accident. What should I do?
A:

You should:

bullet
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.
bullet
Get injuries treated and report all problems to doctor(s) and/or hospital emergency room
bullet
Photograph the vehicle (interior and exterior)
bullet
Photograph visible injuries to any person (even if just bruises)
bullet
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.
bullet
Get written documentation of work disability and any need for household services or nurses’ aide services from a doctor
bullet
Get proof of wages and income
bullet
Document mileage for medical appointments and prescriptions
bullet
Document changes to life and lifestyle - PAIN DIARY
 
Q:
How can I put a value on a personal injury claim from a truck accident?
A:
You can't. 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 Truck and Tractor-Trailer Accident Resource Center of Michigan:
The Law Offices of Henry M. Hanflikat 1 (888) 905-4632
 

 

What You Should Know About Motorcycle Accidents?

Q:
What should I do before an injury or claim occurs?
A:
  1. Always carry PLPD, "Personal Liability and Property Damage Insurance"
  2. Understand your motorcycle insurance.
  3. Always comply with the helmet law and ride safely.
  4. Understand your health insurance and how it will work if you are injured in a motorcycle accident.
  5. Meet with an attorney who specializes in motorcycle insurance claims to review the adequacy of your coverage.
 
Q:
If I am injured in a motorcycle accident, am I eligible to receive lost wages and payment of my medical bills?
A:
Yes, you may be able to collect lost wages and receive payment of medical expenses under the Michigan no-fault law. Since a motorcycle is not considered a motor vehicle under Michigan law, motorcyclists are not required to carry no-fault insurance, but must carry PLPD to be eligible to collect no-fault benefits. However, in order to qualify to receive Michigan no-fault benefits, many insurance policies now require that there must be evidence, often physical contact, between the motorcycle and the motor vehicle that triggered the accident. If a motorcyclist is killed in a motorcycle accident, compensation may be available under the Michigan Wrongful Death Act.
 
Q:
Under Michigan law, whose insurance will pay my benefits?
A:

There is a specific order of priority as to who would pay Michigan no-fault benefits:

1st priority is to the insurer (insurance company) of the owner or registrant of the motor vehicle involved in the accident.

2nd priority is to the insurer of the operator of the motor vehicle involved in the accident.

3rd priority is to the insurer of the operator of the motorcycle involved in the accident.

4th priority is to the insurer of the owner or registrant of the motorcycle involved in the accident.

5th priority is to the Michigan Assigned Claims Facility.

Michigan motorcycle accident claims can be complicated. That is why you need to seek advise from an attorney who is knowledgeable in Michigan personal injury and Michigan no-fault law.

 
Q:
Under the no-fault system, how long am I entitled to receive no-fault benefits?
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 a crash. Other benefits, including medical coverage, mileage reimbursement, and nurses' aid 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 and replacement services?
A:
These are benefits paid to you or on your behalf if you have been severely injured in a truck or tractor-trailer crash and a health care professional state that you require personal care and supervision, including such tasks as bathing, dressing, and personal hygiene. 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 have been injured in a motorcycle accident. What should I do?
A:

You should:

bullet
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.
bullet
Get injuries treated and report all problems to doctor(s) and/or hospital emergency room
bullet
Photograph the vehicle (interior and exterior)
bullet
Photograph visible injuries to any person (even if just bruises)
bullet
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.
bullet
Get written documentation of work disability and any need for household services or nurses’ aide services from a doctor
bullet
Get proof of wages and income
bullet
Document mileage for medical appointments and prescriptions
bullet
Document changes to life and lifestyle - PAIN DIARY
 
Q:
Do I have a motorcycle 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 Motorcycle Resource Center of Michigan:

The Law Offices of  Henry M. Hanflik at 1 (888) 905-4632

   

What You Should Know About Medical Malpractice

Q:
What is medical malpractice?
A:

Medical Malpractice can arise in two general situations:

Either the failure to do something which a medical professional or hospital of ordinary learning, judgment, or skill in your community, would do; or

The doing of something which a medical professional or hospital of ordinary learning, judgment, or skill in your community, would not do under the same or similar circumstances.

 
Q:
I suspect that my doctor, hospital or clinic committed a malpractice, but I am not sure. How can I find out?
A:
One way is to consult a malpractice lawyer, whose knowledge of the law, experience in the field, and ready access to medical experts can help determine whether you have grounds for a malpractice claim.
 
Q:
What do I do when I decide to make a malpractice claim?
A:
Provide your lawyer with all the facts in the case and all the relevant documents in your possession, including the notes you made after each visit to or telephone conversation with your doctor. Answer all of your lawyer's questions honestly and to the best of your ability. Do not slant or embellish the facts.
 
Q:
How can I avoid being the victim of a medication error?*
A:

PERSONAL and HOME CARE

  • Maintain a list of prescription drugs, nonprescription drugs and other product, such as vitamins and minerals you are taking.
  • Take this list with your whenever you visit a health care provider and have him or her review it.
  • Be aware of where to find educational material related to your medication(s) in the local community and at reliable websites.

PHARMACY

  • Make sure the name of the drug (brand or generic) and the directions for use, received at the pharmacy, are the same as that written down by the prescriber.
  • Know that you can review your list of medications with the pharmacist for additional safety. You can ask your pharmacist to explain how to properly take the drug, the side effects of the drug and what to do if you experience side effects (just as you did you prescriber).
  • Ask for written information about the medication.

AMBULATORY CARE / OUT PATIENT CLINIC

  • Have the prescriber white down the name of the drug (brand and generic, if available), what it is for, its dosage, and how often to take it, or provide other written material with this information.
  • Have the prescriber explain how to use the drug properly.
  • Ask about the drug's side effects and what to do if your experience any side effects.

HOSPITAL INPATIENT CARE

  • Ask the doctor or nurse what drugs you are being given at the hospital.
  • Do not take a drug without being told the purpose for doing so.
  • Exercise your right to have a surrogate present whenever you are receiving medication and are unable to monitor the medication-use process yourself.
  • Prior to surgery, ask whether there are medications, especially prescription antibiotics, that you should take or any that you should stop taking preoperatively.
  • Prior to discharge, ask for the list of medications that you should be taking at home, have a provider review them with you and be sure you understand how these medications should be taken.

*Source: Committee for Identifying and Preventing Medication Errors, Institute of Michigan

 
   

What You Should Know About Premises Liability

Q:
What must I do to prove negligence in a premises liability case?
A:

You must prove that there was a dangerous condition, that the property owner was aware of that dangerous condition (or should have been aware), and that he or she did not take a reasonable action to remedy the situation. Note that a property owner has the duty to make his or her property reasonably safe, but he or she does not necessarily have to do everything possible to make the area safe. In short, a property owner has a duty to employ reasonable care to avoid any foreseeable accidents.

 
Q:
What does "foreseeable" mean?
A:

Foreseeable means, could a reasonable person foresee the possibility of an accident arising from a particular condition? In many cases, especially with businesses, there is a duty to inspect your property periodically to make sure there are no dangerous conditions and, if such conditions are found, to eliminate them.

 
Q:
If I am injured on someone else's property, what should I do?
A:

You should:

  • Seek immediate medical attention
  • Make a note of what you believe caused the accident
  • Take photographs of the area where the accident took place
  • Get the names of any witnesses
  • Contact our office
 
Q:
Since I fell on someone else’s property, I have heard about something called the “open and obvious” defense.  What is that and how does it effect my case?
A:

Over the past several years, Michigan Courts have increasingly been preventing persons who have been injured on someone else’s property from recovering any damages based upon this “open and obvious” defense.  As noted above, property owners are held by Michigan law to have certain duties to keep their property reasonably safe.  However, Michigan Courts have increasingly held that property owners are NOT required to protect you from dangers that are “open and obvious”.  This means that, if the Court feels that a “reasonable person of ordinary intelligence” would have discovered the condition that caused your injury, the property owner is entitled to assume that you would discover that condition as well and then take steps to protect yourself.  Therefore, if the dangerous condition that causes your injury is “open and obvious”, the Court will rule that the property owner owes no duty at all to protect you and your claim will fail.

 

Cruise Ship - FAQ's

Q:
I am planning to go on a cruise soon. What should I do if I am injured while on my cruise?
A:

There are a number of steps to take.

  1. Submit a written report of the incident to the ship's security department as soon as possible. Keep a copy of your written incident report for your records.
  2. Take photographs of the accidents or incident scene.
  3. Obtain the names, addresses, phone and email information of any witnesses to the accident.
  4. Seek medical treatment from the ship's medical staff and, if necessary, go to a shore side physician at the next port.
 
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 your cruise ship accident claim. Choose an attorney with a solid reputation in your community. Base your selection on the recommendations of other knowledgeable consumers, attorneys and judges. Look for an attorney with many years of experience in handling injury and death claims. The Law Offices of  Henry M. Hanflik have the resources, experience and commitment to win awards from well-financed corporations and insurance companies. We will obtain the maximum degree of justice for our clients.
 

Dog Attacks - FAQ's

Q:
I know it is impossible to prevent a dog attack from happening 100% of the time. But how can I protect my child from becoming a victim of an attack?
A:

It is important that parents and teachers work together to prevent dog attacks. Parents need to teach their children never to approach a dog without the supervision of an adult. Children must understand that it is unacceptable to pull a dog's tail, hug the dog around the neck or pet a dog that is eating. Contact with Pit Bulls and Rottweilers should be avoided by both children and adults. Schools should provide education to children about how to prevent an attack or bite, how to select a pet and the responsibilities of owning a dog.

 
Q:
How do I select the right law firm to represent me or a member of my family?
A:
Make no mistake about it: not all attorneys are equally qualified to handle your Michigan dog attack claim. Choose an attorney with a solid reputation in your community. Base your selection on the recommendations of other knowledgeable consumers, attorneys and judges. Look for an attorney with many years of experience in handling Michigan dog bite and death claims. The Law Offices of Henry M. Hanflik have the resources, experience and commitment to win awards from well-financed corporations and insurance companies. We will obtain the maximum degree of justice for our clients.
 

 

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. Hanflikhave 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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