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Downriver Injury and Auto Law
Michael Heilmann
2675 W. Jefferson Ave
Trenton, MI 48183
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Call (734) 307-3800
Downriver Injury and Auto Law
Attorney Michael Heilmann obtained a degree from the University of Michigan with honors in 1975. Attorney Heilmann graduated from the University of Detroit Law School in 1981. Mr. Heilmann is a member of the American Association of Justice, and the Michigan Association of Justice. Mr. Heilmann is a frequent lecturer to lawyers and a published author. Attorney Heilmann is licensed to practice in Michigan, Florida and Colorado. Attorney Heilmann has spoken to medical doctors on grand rounds at the University of Michigan Medical School. Mr. Heilmann received the State Bar of Michigan Writing Award. Attorney Heilmann served as a partner at Lopatin, Miller, PC for number of years before starting Counard & Heilmann, PLLC in Trenton, Michigan. Attorney Michael Heilmann then served in Municipal Government and the United States Senate as a regional representative.Answers
Can I sue when I got hit when crossing in a pedestrian lane?
A suit is dependent on the responsibility of the driver that hit you. If you crossed illegally, you will have a hard time.
What charges can you have when you hit a shopping cart and the cart hits a car?
it does not matter that there is no police report. There is still damage and responsibility.
How can I file for a worker’s compensation for a back and neck injury two years ago?
In most cases you have one year to bring a claim.
Who is liable when a licensed driver allows a learner permit driver to drive their vehicle with liability insurance?
In Michigan an owner of a car is liable for the actions of an individual who drives the car with permission. The driver may also be liable under their own policy.
Will the hospital wait for my personal injury case to be settled?
Yes, they can wait. If you have a serious injury, you need a lawyer to negotiate for you.
Does personal injury compensation include all medical expenses?
Yes all related expenses will be covered.
Do I have a chance of getting disability if I have bi-polar disorder?
Yes. But we must have all available medical records on file with Soc. Sec Adm. in order to have a shot at it.
How long does it take to get compensation?
Like fine wine, litigation takes time. Sorry there is nothing to speed it up.
What is the usual settlement amount?
Worker's Compensation does not settle a case as in an auto accident. The employer is responsible for lifetime medical care and wage loss during recovery period.
Is mental trauma considered under pain and suffering in personal injury?
Yes, provided you have sustained a serious impairment of bodily function, i.e. a physical injury.
What if I do not have insurance?
Yes, you are not entitled to any pain and suffering, you are only lost wages after three years.
What steps can I take after being mistreated after surgery, from mediation to a catheter mishap to release before ready?
IT is my view that the injury while painful to you will not merit a lawyer's involvement. Only 20% of all medical malpractice claims see any compensation because the legislature has made it so difficult to sue in Michigan. You will need a doctor and nurse to testify in the case and that is very expensive. The fact of the matter is that you need permanent injury to get any compensation. Good luck.
Can I sue my dentist and if so, how do I go about doing so?
In order to sue a dentist, one needs to file a medical malpractice case. These are very expensive to pursue because you need to hire an expert in the field to review the records and sign an affidavit of merit before you can sue. You must retain an attorney with expertise in the field. Good Luck. It would not hurt to discuss your bill with your old dentist.
What happens if I refuse to pay for someone's injuries after an accident?
You do not present enough information to determine if it is their fault or not. Turn this into to your insurance company for handling.
Am I liable for an employee who gets hurt on the sales floor?
You as a supervisor are not personally responsible. On the other hand, the employer is strictly liable for an employees injury.
Is my employer obliged to compensate me if I get hurt?
No if your employer has employees, he is liable for 100% of your medical bills.
Can I process a personal injury claim myself?
You can legally represent yourself. It is not a good idea because the insurance company wants to offer you the lowest possible amount. Would you ever consider doing surgery on yourself.
What if the insurance company offers me a settlement?
The insurance company is the business to offer you the lowest amount you will accept. The lawyer will get you the most that he can. His or her income depends on an adequate settlement.
Who assesses whether there is really a pesonal injury case?
A Judge or a jury. An insurance company will evaluate the claim in advance but will never offer you a fair amount. They are designed to make profits, not make people whole.
How should I file or start the personal injury claim process?
Our job as an attorney is to maximize your recovery. It is impossible for an individual to represent themselves adequately. The insurance company will always minimize your recovery.
What evidences do I need to show for personal injury?
Damages are the most important part of any personal injury case. Medical treatment and hospitalization are part of damages.
Do I have to pay for anything while filing a claim?
It cost 185 dollars to file lawsuit in Michigan.
Does getting injured by another party count for personal injury?
It only counts if they are legally responsible for your injury.
Do personal injury claims have a maximum amount?
Medical malpractice & products liability are limited. Other types of cases are only limited by the amount of insurance.
What types of income can be taxable?
This is not a leg question but an accounting question. Personal injury compensation is not taxable.
What is wrongful death in personal injury?
If the negligent conduct of a defendant causes death it is actionable as "wrongful death", consult an attorney to file suit.
Can I still file for personal injury if the incident is partly my fault?
Yes. You cannot be more than 50% at fault.
Can I estimate my own settlement and push for it?
There are caps on medical malpractice damages. No caps on most negligence cases. Insurance companies will attempt to short change you.
What should I do if an insurance adjuster offers a type of settlement?
You can negotiate. Their job is to pay you less than it is worth.
Is misdiagnosis considered a personal injury case?
Yes but you must have damages.
Are my medical bills covered once I filed for personal injury?
Medical bills are part of your request for compensation. They are not paid in advance.
Is there a limit to the amount of money you can claim for damages?
There are limits on medical malpractice but none on general negligence cases. Compensation is determined by the severity of the injury. Each case is different.
Should I have photo evidence of the accident for my case?
Yes, a picture tells a thousand words. Make sure it is high quality.
Is there an expiration date for when I am filing a claim?
In general it is 3 years but medical malpractice is 2 years. Consult a lawyer to be sure as it varies.
Is it an automatic personal injury claim if I was injured at work?
No you cannot sue your employer. Workers Compensation is your exclusive remedy.
Should I give all recorded documents that the insurance company wants?
No, contact a lawyer, insurance companies do not want to help you. They want a statement to hurt you.
Can I still file for personal injury?
You don't mention the injury, but in general, you need a permanent injury to prevail in a personal injury case.
Should I agree to a recorded medical statement?
In general, we do not give recorded statements. It gives them the opportunity to do two depostions.
Should I accept the money for my personal injury case?
Do not agree to any settlement that you are not happy with. You have three years in general to file suit.
Can I handle my claim on my own?
No one should have to hire an attorney, but you can't know as much as an attorney. As a consequence, you will never get as much as an attorney will get you.
Can I file for personal injury for my brother?
You need to file an estate On his behalf and file suit. We handle these types of cases all the time. You cannot settle the case on your own.
How is compensatory damages different from punitive?
Michigan does not permit punitive damages. Compensation is for pain suffering and economic damages.
What happens I was already involved in a dangerous activity?
We are not sure what you're asking about. If the danger was open and obvious you cannot sue. You should consult with a lawyer to determine your rights.
How much time do I have before I can file a personal injury case?
If the resort was in michigan you have 3 years.
Can I sue the grocery store?
This should have been blocked off. It is negligence and yes you can sue.
Can I hold the parents of my child’s classmate responsible for hurting and bullying my daughter?
If there is no physical injury there is no case. The school is immune from suit.
How much will be the total cost of filing a personal injury case?
It costs $185 to file a case. He should hire a lawyer.
What legal rights do I have over the owner of the dog who bit me?
You should file a law suit as the owner of the dog is responsible.
How long will it take for the settlement to claim?
You should call your lawyer and find out where the money is. This sounds like a long time.
Is it considered an accident if we injured someone at the office?
Yes. It was no accident. You meant the prank not the result. Good luck.
Can I sue my employer for injuring myself?
This would fall under a Workers Compensation claim. Good luck.
Can I stop my parents from suing my friend?
No. Look out for your own interest not the negligent boyfriend.
Who should I sue for my son's broken arm?
The school is immune from suit. The child can be sued but an intentional act by an individual is rarely covered by an insurance policy. There is a Med-Pay provisions in most policies of insurance that may pay for medical bills only. You would have to contact the child's parents to see if they will pay the bills.
How should I compute for a claim?
You may make a claim with the store or you may hire a lawyer who specializes in personal injury. It will be necessary to prove that the store had notice of the leakage prior to the fall. Damages are the out of pocket expenses and pain and suffering.
How long is the processing of a personal injury?
In order to file a suit, you will need a personal injury lawyer to handle it. Most cases take 13 months to resolve in Michigan. You will be required to attend your testimony and settlement conference depending on the jurisdiction that you may sue in.
How can I prove that I was emotional traumatized?
Emotional Injury without physical injury is not compensable in Michigan. You should seek treatment for the PTSD to get over this difficult situation. Good luck in your recovery.
Am I responsible for the injury of another person?
Turn it into your insurance company or you will pay.
How much do I have to pay a personal injury lawyer?
There is no "law" on much an attorney will charge. Lawyers charge a contingent fee that is contingent upon winning or settling.
Can my brother be help responsible for hitting a thief?
It sounds like he not only is responsible for hitting him with a bat, he hit a home run! Tell your brother to call his homeowners insurance.
Is my neighbor responsible fo my kid's injury?
No insurance company will pay money for a bruise. Count your blessings and chalk it up to growing up. Next time don't relent.
Can I file a personal injury case?
This is a medical malpractice case. You must hire an expert in order to pursue it.
Can the owner of the bowling alley pay me for injury caused?
You don't state why you broke your arm. If it was because you fell, you need to prove that the owner was negligent. You have not stated a claim yet.
How much can I sue for personal injury?
You must be able to prove that the restaurant had knowledge of the puddle.
Should I pay for my neighbor's medical bills?
Call your homeowners insurance to settle this case. If you don't believe your dog did it, why pay.
Can my son still be sued for personal injury?
The statute of limitations in Michigan is three years, BUT a child has until their 19th birthday to bring a suit. Call your homeowners insurance and their attorney will handle it.
How do I go about suing a restaurant for serving bad chicken?
Yes a photo is good, but insurance companies don't put much value in these cases because there is no permanent damage.
Slipped and fell
First you need to prove that they are responsible. A governmental unit may be immune for suit. Collect your medicals and put them on notice in accord with the statutory requirement.
How long should I want to hear back from an adjuster for a claim?
First of all the statute of limitations in Michigan is three years not two. Second, if you are waiting for economic security from a person who is trained to chest you, you will have a long wait. Did they tell you how much insurance the at fault driver has? If not, they are not trustworthy. Insurance companies are not in the sympathy business, they are in the money business. Your insurance company would pay the lien not the at fault driver. They are yanking your chain until you blow the statute of limitations We have helped hundreds of folks who left their future in the good hands people only to find that the insurance company had their hands in your pocket. Call today.
Where can I get help to pay for medical bills after a slip and fall?
In order to get the bills paid, it would be necessary to file suit. Water in a store is an unsafe condition that will expose the store to liability for injury.
How is negligence determined in personal injury cases?
Yes, but you must also establish that it caused the injury.
How should I receive compensation from a car accident?
No, the owner of the car is limited to the Michigan no-fault mini tort damages of 750.00 regardless of fault. You may recover this in small claims Court.
Should I sue because of the accident?
Every truck is required to carry $1,000,000.00 property damage insurance to cover events such as this. It is NOT a personal Injury case. You should write a letter with a repair estimate and send it to the defendant. You maybe able to settle without an attorney. If they don't settle, then you will need an attorney.
Who is legally responsible if a minor gets into a car accident?
In Michigan, the owner is responsible for the vehicle. If it is the minor's car, it is the minor's responsibility. The failure to carry auto insurance is a crime in the State of Michigan as it is mandatory. You do not mention if there was personal injury or not. The minor would be responsible for the personal injury if any.
Can I sue after being involved in a house fire?
Any compensation is directly related to the injury that you unfortunately sustained in the house fire. We would be glad to represent you if you have sustained a serious injury as a result of a contractor's negligence.
Can I sue the hospital if I was injured during child birth?
Yes you can sue. There are strict time and notice requirements in MI.
Would the groomer be responsible for the vet bill?
Yes, whether or not the groomer will pay is another question.
Are you responsible for damages if an accident happened on private property?
In order to be protected by the MI no-fault law, one must have insurance. She cannot avail herself of no-fault immunity. Private property has nothing to do with it. She is 100% responsible. You should sue her in small claims court in the city where she resides.
Disclaimer: The responses above do not form an attorney-client relationship, nor are they intended to be anything other than the educated opinions of the author. They should not be relied upon as legal advice.