Lansing Personal Injury Lawyer - Michigan

Proposed Legislation Would Protect Consumers, Hold Insurance Companies Accountable

David Mittleman — Wed, 02 Dec 2009 16:42:55 GMT

Earlier this week, Democrats in the Michigan House of Representatives introduced a package of bills that would strengthen consumer protection and prevent auto insurance companies from engaging in unfair trade practices. The proposed law, which is made up of ten separate bills, represents a significant step toward safeguarding consumers' interests.

Under the current law, insurance companies can consider someone's credit history, education, and occupation when setting insurance rates. The new law would prohibit this practice, as well as prevent auto insurance companies from raising an individual's rate following an accident if he or she was not at fault. In addition, the state insurance commissioner would have to sign off on any potential rate increases.

The new bill package essentially adopts the recommendations put forth by consumer advocates in February of this year. Despite its brutal economic climate, Michigan ranks in the top quarter of all states in terms of total auto insurance premiums.

Until now, auto insurance companies have been able to fix rates based on irrelevant and discriminatory information. Hopefully, that is about to change and consumers will be able to enjoy a fair and reasonable method of determining auto premiums.

Originally posted at InjuryBoard by David Mittleman

Pair of Holiday-Weekend Accidents Result in Death, Injury

David Mittleman — Sun, 29 Nov 2009 20:16:28 GMT

Two young Lansing, Michigan residents fell victim to car crashes over the Thanksgiving holiday - a sobering reminder of the hazards of one of the busiest travel seasons of the year.

Christy Luckett, 30, died Thursday morning, one day after a two-vehicle crash at the intersection of Waverly Road and Phoenix Drive in Lansing. The driver and one passenger in the other vehicle were also treated for injuries. The collision is still under investigation.

Some 50 miles away in Oceola Township, Zachery Warren was injured when he swerved to avoid a pickup truck driven by Clem Plowman on M-59 in Livingston County. Warren, a 23-year-old Lansing man, is still receiving treatment at University of Michigan Medical Center in Ann Arbor.

Remember to use extreme caution when driving. Careful driving behaviors should be a year-long habit, but they become especially important during periods of heavy travel.

Originally posted at InjuryBoard by David Mittleman

Deer Involved in Lansing 2 Car Crash

Devon Glass — Wed, 25 Nov 2009 10:39:28 GMT

With deer hunting season officially open in Michigan for nearly 2 weeks, most of the talk about deer has to do with how big a buck you shot or taking your children for their first hunt. I'm pretty sure that opening day for deer hunting is one of the biggest holidays in Michigan. Sometimes, however, the deer are out to get you and not the other way around.

Just this morning a car near Jolly and Waverly in Lansing hit another car after a deer came onto the road. According to the police, just after 6 am the driver of a Chevy Impala was either hit by a deer or swerved to miss hitting a deer and crashed into a van. The driver of the Impala was ejected from her car during the crash. Both drivers and one passenger were transported to the hospital for treatment.

Here are some tips from the Michigan State Police to keep you safe if you encounter a deer and how to avoid them. Have a safe and happy holiday.

Michigan State Police Troopers remind you to Don't Wreck Your Life! Keep your eyes on the road, never drink and drive, always wear your safety belt, and consider the following tips to help you avoid a car-deer collision:

Use special caution in those areas marked with deer crossing signs.

If you see one deer, expect there will be others. Slow down and be alert.

Do not swerve your vehicle to avoid striking a deer. It is better to strike a deer than another vehicle or a fixed object.

Continually scan the fields and area adjacent to the roadway for deer. Often you can see them approaching the roadway and can slow down.

During hours of darkness use your bright lights when no traffic is approaching. The high beams will illuminate the eyes of deer on the roadway or approaching the roadway much sooner, allowing a greater reaction time.

Always drive at a safe and prudent speed.

Originally posted at InjuryBoard by Devon Glass

Car Crash in Oneida Township Kills DeWitt Teenager

Devon Glass — Wed, 25 Nov 2009 09:51:50 GMT

Travis Rademacher, a 19 year old DeWitt teenager, was killed in a car accident last Saturday in Oneida Township when his vehicle collided with another car driven by Matthew Merrill of Lansing. The crash occurred after Mr. Rademacher stopped at a stop sign on St. Joseph Highway before turning onto M-100. Both Mr. Rademacher and his passenger were wearing their seatbelts at the time of the crash. Mr. Rademacher was transported to a Lansing area hospital, but unfortunately he passed away a short time after the crash.

It's not entirely clear what caused this crash. Darkness could have played a factor in the crash since it happened after sunset. Another factor could have been the speed of the car traveling on M-100. Or it could be that both drivers are inexperienced, given they were both under the age of 20, and also not paying attention to the other cars on the road. Our blog has talked a number of times about the dangers of distracted driving, most recently concerning text messaging.

While we don't know what caused this crash to occur, we should nonetheless be mindful of the potential causes of accidents and do our best to be attentive drivers. Please be careful when driving this holiday season so you can make it home safe and sound.

Originally posted at InjuryBoard by Devon Glass

Recent Michigan Taser Incidents Cause Concern for Safety, Use of Force

David Mittleman — Tue, 17 Nov 2009 17:11:31 GMT

Two recent incidents involving the use of Tasers have grabbed headlines throughout Michigan and around the country, again raising doubts about the safety of the product and its use by law enforcement officials. Generally considered a "less-lethal" way of subduing unruly suspects, the use of Tasers has engendered serious controversy in recent months.

Earlier today, a young man in East Grand Rapids, Michigan, died in police custody after being Tasered. Early reports suggest that Matthew Bolick, 30, was Tasered twice during a struggle with local police officers.

Late last week, a Lansing, Michigan, police officer was reprimanded for Tasering a suspect who had already been handcuffed. Rocky Allred, 43, fell to the ground after the weapon was used on him, fracturing his jaw, chipping a tooth, and requiring eight stitches. The incident occurred back in August, and charges against Allred have been dismissed. The officer has been suspended for two weeks without pay for the appalling violation of police policy.

In late October, police in Traverse City, Michigan Tasered a 17-year-old girl following a traffic stop.

The recent spate of Taser-related injuries and deaths is by no means limited to Michigan. Injuries stemming from the use of the device have been reported across the country.

Originally posted at InjuryBoard by David Mittleman

Michigan Supreme Court’s New Policy Enhances Credibility, Avoids Conflicts

David Mittleman — Tue, 17 Nov 2009 15:15:04 GMT

Earlier this month, Michigan’s Supreme Court adopted a fair and reasonable new policy to govern the disqualification of justices in the event of a potential conflict of interest. By a 4-3 vote, Michigan’s Gang of Justice approved rules that will, in some cases, take the decision out of the potentially conflicted justice’s hands.

Judicial disqualification, also known as recusal, is an incredibly important component of the impartiality and integrity of the legal system. Under the old, unwritten tradition, each individual justice essentially had the final say on whether or not to step aside on a given case due to a conflict of interest. While most judges and justices do the right thing and step aside when they face a conflict of interest, the few who do not can seriously undermine the public’s trust.

A stunning and well–known example can be found in West Virginia, where a state Supreme Court justice was elected to the state’s highest court with the help of $3 million donated by the chairman of Massey Energy Company. That justice later decided in favor of Massey in two key decisions, despite calls for his disqualification.

The new rules adopted by the Michigan Supreme Court will help avoid any actual or perceived injustice. Now, a party whose request for disqualification is refused by an individual justice can appeal to the entire seven-member Court for a ruling.

An excellent editorial by the Lansing State Journal underscores the importance of the change in policy, especially in this era of big-money judicial campaigns. The four justices who voted in favor of the measure - Justices Hathaway, Cavanagh, Weaver, and Chief Justice Kelly - clearly understand the importance of fairness and impartiality. The minority, on the other hand, would prefer the old way of doing things.

Justice Robert Young, who in the past almost always voted with the “Sleeping Judge” Cliff Taylor, was among the dissenters. Last year the people of Michigan voted Taylor off the bench. In 2010, voters will get to have their say about Justice Young.

Originally posted at InjuryBoard by David Mittleman

Theft and Joyriding Lead to Pursuit and Death in Oak Park, MI

Devon Glass — Mon, 16 Nov 2009 14:30:27 GMT

15-year-old Desean Murrell Fant died after crashing a stolen car into a tree in the early morning hours of November 10, 2009 in Oak Park, MI. Desean and another 15-year-old child had allegedly stolen a 1999 Saturn that belonged to a 24-year-old Oak Park resident.

After locating the vehicle, Oak Park police ensued on a car chase. The boys were not wearing seat belts when they lost control of the vehicle. The police had been pursuing the boys for several blocks and Michigan State Police are reconstructing the crash to learn more about the boys' speed at the time of collision.

Local residents noted that the speeding car was zooming. It is unfortunate and tragic that the need to go on a joyride or steal property would lead to taking such dangerous risks. The risks were not only to their own lives, but to the lives of any other pedestrian or driver.

It is also unfortunate that death is the price that was paid by these kids for stealing a car. If these kids had been caught and arrested, I don't think anyone would find death a reasonable punishment for the crime they committed, but that's the sentence they received when the situation escalated. Did the police really need to engage in a high speed pursuit to catch these kids for stealing a car?

Originally posted at InjuryBoard by Devon Glass

Michigan's Wrongful Death Act Provides Compensation, Closure for Families

David Mittleman — Fri, 13 Nov 2009 12:31:00 GMT

It is always difficult when a family member dies. When a loved one passes away, it is quite common to feel grief and loss. Those feelings can be even worse when someone is taken out of our lives due to the carelessness or negligence of another.

Nothing can ever truly replace a relative lost forever. However, Michigan law does allow family members to receive fair and reasonable compensation when an individual dies as a result of injuries caused by someone else. Michigan's Wrongful Death Act permits the following people to recover certain damages:

The decedent's spouse
The decedent's children (and their descendants)
The decedent's parents and grandparents
The decedent's brothers and/or sisters
People entitled to recover a portion of the decedent's estate under law
People entitled to recover a portion of the estate under a will

Instead of compensating the decedent, the Wrongful Death Act is designed to compensate the surviving relatives and the estate for damages they have suffered. Therefore, damages are typically limited to:

Reasonable medical, hospital, funeral, and burial expenses
Conscious pain and suffering suffered by the decedent
Loss of financial support
Loss of society and companionship

The law also permits a jury or judge to award any other damages considered "fair and equitable under the circumstances."

Michigan's Wrongful Death Act is very complicated and detailed. It includes numerous procedural requirements that must be strictly observed. Our firm regularly handles this type of claim, and we may be able to help you if you have lost a family member due to the negligence of someone else.

Originally posted at InjuryBoard by David Mittleman

Lower Car Insurance Rates One Step Closer to Reality in Michigan

David Mittleman — Tue, 10 Nov 2009 15:00:59 GMT

Most motorists will likely tell you that their car insurance rates are simply too high. With the economy in Michigan the way it currently is, any effort to save consumers' money is worth a serious look. Yesterday, a state election panel approved a petition form for a 2010 ballot proposal that would would cut auto insurance rates by 20 percent.

The action by the panel means that lower insurance rates could be coming to Michigan. Next, backers of the proposal must gather over 300,000 signatures. If the effort is successful, the proposal will appear on the ballot in the 2010 election.

The proposal does more than simply lower rates. According to supporters, it helps ensure that consumers are protected against unfair trade practices and to promote competitive, affordable coverage for everyone.

Insurance companies, on the other hand, insist that they could become insolvent if the proposal were to become law. This claim seems somewhat farfetched, however. In 2008, the top four insurance companies in the country made hundreds of millions of dollars in profit, and State Farm made over $5 billion.

Auto insurance reform in Michigan is now in the hands of the voters. If enough concerned citizens sign the ballot proposal petition, you will have the chance to make your voice heard in the crucial 2010 election.

Originally posted at InjuryBoard by David Mittleman

Michigan Medical Malpractice Claims Fraught With Obstacles

David Mittleman — Wed, 04 Nov 2009 15:58:00 GMT

Most of us know little or nothing about the practice of medicine. When we go to our doctors, for everything from a routine checkup to a serious emergency, we trust in them to conduct a proper and thorough examination and to formulate an adequate plan of care. Sometimes, as a result of the carelessness or inattention of the physician or other medical provider, a patient is harmed rather than healed.

Doctors and other medical providers have a legal duty to provide patients with treatment that meets the "standard of care." In layman's terms, the standard of care is what an ordinary and prudent doctor should do in a given situation. If a doctor breaches the standard of care, and the patient is injured as a result, the doctor has committed medical malpractice.

Medical malpractice is more than just a breach of duty, it is a betrayal of trust. However, Michigan law can make it very difficult and expensive for victims to hold the at-fault doctors accountable. There are numerous procedural requirements demanded by law that must be strictly followed. Failure to follow these rules precisely could (and often does) result in the dismissal of an otherwise valid medical malpractice claim. Injured victims have only two years to bring a claim for malpractice, while victims of other types of negligence have three years. Moreover, the victim is required to procure the testimony of other doctors in order to prove his or her case. This is an expensive requirement, and the injured person's doctors must have exactly the same credentials as the at-fault doctor or the claim may be dismissed.

In Michigan, even if a victim of medical malpractice can satisfy all the procedural requirements and prevail in court, their level of compensation may be limited. Medical malpractice damage caps operate to prevent severely hurt patients from fully recovering for their injuries.

Our office handles medical malpractice claims regularly, and our attorneys have extensive experience navigating Michigan's legal obstacle course. If you suspect that you or a loved one is a victim of medical malpractice, contact our office to see if we can put our expertise to work for you.

Originally posted at InjuryBoard by David Mittleman