Frequently Asked Questions
If you have any questions regarding your potential case, feel free to take a look below at some of our most Frequently Asked Questions. Our goal is to provide you with a clear understanding of your case so you never feel lost or left out. Also, you can take a look below at some of the external resources which we use to properly prepare for your case.
If you're looking for more information, feel free to contact our office today and we'll help you schedule your FREE consultation at your convenience.
What is the value of my personal injury case?
It is impossible for us to tell immediately how much money, if any, you will recover in connection with your case. There is no formula and each case is unique. In cases of serious injury, the ultimate recovery is often related to the amount of insurance coverage available, as well as the nature, extent, and duration of your injuries, along with an assessment of liability. As your attorneys, we feel it is our primary duty to obtain an amount of money which will fairly and justly compensate you for your injuries. We will make every effort to do this by locating all sources of recovery. We will advise you of our evaluation in this regard.
In general, most states allow recovery of damages for the following elements of damage:
- The nature and extent of injury, including whether the injury is permanent, and the
impact on your life.
- Medical expenses, both already incurred and reasonably certain to be incurred in the
- Wage loss (past and future)
- Pain and suffering.
- Loss of consortium (past and future) for your spouse
What are my fees?
- Social Security Disability Claims - The Social Security Administration regulates the fees of the attorneys or non-attorney representatives can charge. Typically the fee is 20% of the ast due benefits. These are capped currently at $6,000 of your case is won at the hearing level. If there are further appeals the cap comes off but nonetheless the Administrative Law Judge must approve the request for attorney fees
- Worker’s Compensation Claims - The State of Michigan regulates the fees that an attorney can charge in a worker’s compensation case. Generally in a case tried to completion or where benefits are voluntarily paid the fee is 30% of the “net” recovery. (Net recovery is the gross amount less reasonable expenses incurred in prosecuting the claim.) In a case tried to completion after which a redemption (settlement) is made the fee is 25% of the “net” recovery. In a disputed case involving a redemption (settlement) of liability 15% of the first $25,000 and 10% of any amount over $25,000 based upon the “net” recovery. In a case not in dispute involving a redemption (settlement) a fee of 10% of the “net” recovery.
- Personal injury including automobile accident claims - The maximum fee an attorney can charge is one-third (1/3) of the “net” recovery.
What does the Michigan Automobile No-Fault Insurance Act cover?
The Michigan No-Fault law provides certain benefits to a person who is injured arising from the operation, use or maintenance of a motor vehicle without regard as to who was at fault for the accident. These benefits are commonly called No-Fault Benefits or Personal Injury Protection Benefits (PIP) and consist of the following:
- Any expense reasonably incurred for medical care, treatment and/or rehabilitation (including reimbursement for mileage, going back and forth to the doctor, care in your own home (even by a family member), modification of your home, if reasonably ecessary, any medical appliance (for example a hospital bed or wheelchair) and even vocational retraining);
- Wage loss benefits (subject to certain limitations); and,
- Replacement services benefits (also subject to certain limitations).
It is important to note that an injured person is entitled to no-fault benefits regardless whether or not the injured person was in his/her own motor vehicle, someone else’s motor vehicle or was a pedestrian.
Should I follow my doctor's advice?
Be sure to do what your doctors tell you to. There is rarely a good reason or excuse to miss a doctor’s appointment. Not going to the doctor can be interpreted that you really aren’t hurt or in pain. This may harm your claim. It is important for your doctor to have up-to-date information on your condition and know how you are feeling. Each time you go to the doctor and report that you are still in pain, your doctor makes an entry in his or her records. Some clients get discouraged and do not see their doctor even though they are having pain.
In personal injury cases (including motor vehicle accidents) part of our job is to recover compensation for the pain and suffering that you have endured. Not going to the doctor is a good way to prove, instead, that you are not hurting. If you are in pain and you do not see a doctor, the insurance company and the jury will not believe that you are having pain. It is very important for you to work hard to get well and to go to all of your appointments.
What should I do if I'm injured?
If you are on the job, you should report the injury immediately to your employer or supervisor and seek the appropriate medical treatment. If benefits are not promptly paid, you should file a claim with the Workers’ Compensation Agency.
If you are injured in a motor vehicle accident you should provide notice of the accident to the appropriate insurance carrier. Typically you should notify your own insurance carrier of the date, time and location of the accident as well as providing information regarding your injuries. If you have been injured you should also seek to file an “Application for Benefits” with your insurance carrier.
In all cases you should contact a knowledgeable experienced attorney to understand your rights.