In many personal injury cases, the need for medical assistance after a car accident, slip and fall, or dog bite injury is clear. The injured person may have a broken bone, fracture or require stitches and the need for immediate medical assistance is obvious. In other cases, the accident victim may be unsure whether they need to see a doctor and spend the time and incur the associated costs.
Exercise Care this Memorial Day Weekend. With so many people on the road, the potential for dangerous auto accidents is high. Take extra caution while driving. Particularly allow for more space between vehicles and time to stop. Have a wonderful, but safe, weekend!
Whether you have a Michigan car accident case, slip and fall case, dog bite case, medical malpractice case or other personal injury case, it is likely you will experience case evaluation. In most circuit court cases requesting money damages, the parties will submit to case evaluation or a mediation conference.
If you are involved in a Michigan auto accident, you are entitled to receive personal injury protection (PIP) benefits from the responsible no-fault insurer (usually this is your own insurance company). However, you should be aware that your auto insurance policy may have a high deductible that applies when you submit a claim for PIP benefits.
Under the Michigan No-Fault Act, personal injury protection (PIP) benefits are available to anyone who sustains an injury “arising out of the ownership, operation, maintenance or use of a motor vehicle.” MCL 500.3105. In most situations, the injured person receives no-fault benefits from his or her own insurance company. However, even if you do not have a car, you can still be injured in an auto accident. A passenger or pedestrian is still entitled to no-fault benefits regardless of whether he or she was the owner, driver or even an occupant of the motor vehicle involved in the accident.
Aside from putting you at risk for serious injuries if involved in a car accident, failing to wear your seat belt could make your responsible for a civil infraction. It could also constitute negligence and reduce your tort recovery in a subsequent motor vehicle negligence case against the at-fault driver.
The Statute of Limitations sets forth the maximum time after an event in which legal proceedings can be initiated. After the statute of limitations expires, unless a legal exception applies, the injured party loses the right to file a lawsuit. Don't wait until the time period for filing your claim expires to get compensation for your injuries.
Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception to this general rule exists when a officer, agent, or employee of a governmental agency negligently operates a motor vehicle for which the governmental agency owns.