A recent dog bite incident in Royal Oak, Michigan has caused a small uproar. A Doberman Pinscher named Heidi may soon be put down by the authorities after it bite a Warren man outside a grocery store. The story made it online and now the dog’s plight has gone viral. Apparently, people from as far as away as China are demanding the dog be saved from Royal Oak animal control.

The dog’s owner was given two tickets and the city prosecutor is enforcing the vicious dog ordinance currently on the city’s books.  He has issued the fines and forced the owner to either have Heidi destroyed or placed into an obedience training program.

As the proud owner of a miniature dachshund named Eddie, I can sympathize with the hundreds of dog lovers trying to protect Heidi. Still, this was a violent act by the Doberman. According to the report, the victim’s nose was broken and he may face additional surgeries in the future. I can certainly sympathize with this dog bite victim as well.  Also, as an attorney who has represented Michigan dog bite victims in the past, I understand these dogs tend to become repeat offenders.  

Michigan dog bite attorneys have handled hundreds if not thousands of dog bite attacks.  Michigan dog bite law is very clear.  Unless the dog was provoked, if a dog bite occurs, the dog’s owner is strictly liable for any damages that accrue from the bite. This means the dog owner is responsible for any injuries, medical bills, pain and suffering and other compensation due to the dog bite victim – end of discussion.

Simply stated, the law says dog owners owe an absolute duty to the public in general to prevent their dog from attacking and biting without provocation while located in a public place.

The dog owner can also be held responsible even if no actual dog bite occurs. For example, if a dog attacks and pushes a person over causing injuries, the dog owner is responsible if she or she was negligent in not restraining the animal or knew the dog had a dangerous and vicious propensity to attack.

It is my hope Heidi gets the help she needs to be a responsible canine citizen here in Michigan.  It is also my hope the dog bite victim makes a speedy and safe recovery from this attack.  I look forward to hearing how this story ends.

Very often I meet with clients who have been involved in a Michigan car accident or Michigan truck accident but are not getting reimbursed for the prescription drugs they are purchasing to treat the pain they are going through. Under the Michigan no-fault law, the car insurance company is required to pay the reasonable and customary cost of any prescriptions drug. This is one of the many no-fault PIP benefits Michigan auto accident victims are entitled to.

Most people don’t realize this. Instead, they continue to pay hundreds of dollars or more out of their own pocket – sometimes skimping on medication refills or ignoring doctor’s orders to take medication in order to save money.

Under Michigan law, as long as you provide the auto insurance company with proof of the cost of the prescription drug as well as proof the prescription was purchased, or incurred, the cost can be recouped. Proof a prescription drug was purchased can be demonstrated as easily as providing a drug store receipt.

The unfortunate part of the law is the cost must be incurred first. In other words, the insurance company will not pre-pay for your prescription drugs – instead you have to purchase the prescription first and then seek reimbursement from the car insurance company. Understandably, this can be very difficult as many prescription drugs cost hundreds of dollars. Fortunately, many prescription drug service companies and drug stores will work closely with a customer and their car insurance company to streamline the process and make it more affordable.

Prescription drugs, including pain relievers are an important part of any pain management program for Michigan auto accident victims. If you or a loved one have any questions about this Michigan no-fault benefit, please contact one our Michigan auto accident attorneys at 1-800 LEE FREE.

So you’re involved in a Michigan car accident or truck accident.   You’ve contacted your insurance agent or the insurance company to let them know you have been injured or your car was damaged.  They then call back with follow up questions.  But what do you tell them?  This is a question I get asked quite often.

First you should know there are two types of insurance representatives, or insurance adjusters.  The first are No-Fault PIP (medical) adjusters.  They handle the payment of no-fault PIP benefits, such as medical expenses and wage loss benefits.  They are known as medical adjusters.  Often they are representatives from your own car insurance company.  The second type is bodily injury adjusters or BI adjusters.  They are usually representatives from the insurance company for the at-fault vehicle or person who caused the accident.  Usually they are handling the pain and suffering or negligence claim. 

At the outset I would recommend that you never discuss your case with the bodily injury adjuster.  As stated below, they are not there to help you.  They are there only to minimize the value of your claim so they pay you as little as possible.  Contact a lawyer immediately if this type of insurance adjuster attempts to contact you after a car accident or truck accident. 

Insurance adjusters contact car accident victims and their families pretty quickly after an accident occurs.  Very often they are attempting to get basic information, such as the amount of damage to the vehicle, where the accident occurred and if a police report was filed.  However, insurance adjusters are attempted to minimize their risk of loss from the very beginning.  By minimizing the risk of loss they are limiting what they will have to pay on a claim in the future.  To do this, insurance adjusters will attempt to get the accident victim to state that he or she was not that injured, didn’t require medical treatment immediately after the accident and/or doesn’t require treatment now, even if none of this is true.

 Very often, they will ask for a recorded statement from the accident victim.    More scrupulous adjusters – and there are many out there – will ask very leading questions to accident victims to get them to say “on the record” they are not injured or their injuries are limited in scope.  This is unfortunate because many people with neck injuries or back injuries from a car accident or truck accident don’t feel the full extent of the pain from the accident until days or weeks after the accident.  This is very common for spinal related injuries.  A person may tell an adjuster at State Farm or Allstate two days after the accident they feel okay when in fact a few days later they cannot even get out of bed.  However, good luck explaining this discrepancy to the adjuster at some point in the future.

So when the insurance representative or insurance adjuster calls what do you tell them?  The following are some good rules of thumb:

• First, ask what type of insurance adjuster are they.  If they are a medical adjuster, you may wish to talk to them but be careful what you say.  If they are a liability adjuster, don’t answer their questions and contact a lawyer immediately.

• Tell the truth.  Don’t lie.  If nothing is wrong with your body and you don’t feel any pain, tell them that.  

• If you do feel pain and were injured from the car accident, tell the adjuster what pain you are feeling and where it hurts.  Let them know you are seeking or have sought medical treatment.  

• If they ask, tell them what medical facilities you have been to and that you plan on returning if things don’t improve.

• If you are unsure of your exact diagnosis or ailment, tell them this but explain you are attempting to schedule an appointment with a medical professional to find out what exactly is ailing you.

• If you are unable to return to your job, tell them this and let them know a doctor has disabled you from work. 

Again, if you are unsure you should always contact a lawyer.  Even if representation is not needed, a few helpful hints can go a long way, especially after a car accident.

So you’re involved in a Michigan car accident or truck accident.   You’ve contacted your insurance agent or the insurance company to let them know you have been injured or your car was damaged.  They then call back with follow up questions.  But what do you tell them?  This is a question I get asked quite often.

First you should know there are two types of insurance representatives, or insurance adjusters.  The first are No-Fault PIP (medical) adjusters.  They handle the payment of no-fault PIP benefits, such as medical expenses and wage loss benefits.  They are known as medical adjusters.  Often they are representatives from your own car insurance company.  The second type is bodily injury adjusters or BI adjusters.  They are usually representatives from the insurance company for the at-fault vehicle or person who caused the accident.  Usually they are handling the pain and suffering or negligence claim. 

At the outset I would recommend that you never discuss your case with the bodily injury adjuster.  As stated below, they are not there to help you.  They are there only to minimize the value of your claim so they pay you as little as possible.  Contact a lawyer immediately if this type of insurance adjuster attempts to contact you after a car accident or truck accident. 

Insurance adjusters contact car accident victims and their families pretty quickly after an accident occurs.  Very often they are attempting to get basic information, such as the amount of damage to the vehicle, where the accident occurred and if a police report was filed.  However, insurance adjusters are attempted to minimize their risk of loss from the very beginning.  By minimizing the risk of loss they are limiting what they will have to pay on a claim in the future.  To do this, insurance adjusters will attempt to get the accident victim to state that he or she was not that injured, didn’t require medical treatment immediately after the accident and/or doesn’t require treatment now, even if none of this is true.

 Very often, they will ask for a recorded statement from the accident victim.    More scrupulous adjusters – and there are many out there – will ask very leading questions to accident victims to get them to say “on the record” they are not injured or their injuries are limited in scope.  This is unfortunate because many people with neck injuries or back injuries from a car accident or truck accident don’t feel the full extent of the pain from the accident until days or weeks after the accident.  This is very common for spinal related injuries.  A person may tell an adjuster at State Farm or Allstate two days after the accident they feel okay when in fact a few days later they cannot even get out of bed.  However, good luck explaining this discrepancy to the adjuster at some point in the future.

So when the insurance representative or insurance adjuster calls what do you tell them?  The following are some good rules of thumb:

• First, ask what type of insurance adjuster are they.  If they are a medical adjuster, you may wish to talk to them but be careful what you say.  If they are a liability adjuster, don’t answer their questions and contact a lawyer immediately.

• Tell the truth.  Don’t lie.  If nothing is wrong with your body and you don’t feel any pain, tell them that.  

• If you do feel pain and were injured from the car accident, tell the adjuster what pain you are feeling and where it hurts.  Let them know you are seeking or have sought medical treatment.  

• If they ask, tell them what medical facilities you have been to and that you plan on returning if things don’t improve.

• If you are unsure of your exact diagnosis or ailment, tell them this but explain you are attempting to schedule an appointment with a medical professional to find out what exactly is ailing you.

• If you are unable to return to your job, tell them this and let them know a doctor has disabled you from work. 

Again, if you are unsure you should always contact a lawyer.  Even if representation is not needed, a few helpful hints can go a long way, especially after a car accident.

I wanted to take this time to highlight the selection of two fine trial lawyers from the Law Offices of Lee Steinberg, P.C. as Michigan Super Lawyers for 2011. Super Lawyers is a rating service of outstanding lawyers from various practice areas who have achieved a high degree of professional achievement and peer recognition. Nominees are selected and votes are cast for the nominees by their peers – other lawyers. As a result, the winners truly are the most respected and highly regarded lawyers in their respective field.

According to its website, “The Super Lawyers selection process is a comprehensive, good-faith attempt to produce a list of lawyers that have attained high peer recognition, meet ethical standards, and have demonstrated some degree of achievement in their field.”

Franci Silver has been an attorney with the Law Offices of Lee Steinberg, P.C. for over twenty years.  Specializing in first-party automobile no-fault cases, premises cases and Social Security Disability claims, Ms. Silver represents clients throughout the entire state of Michigan obtaining the compensation her clients deserve. She has tried numerous cases to verdict and works diligently to understand what her clients are going through, addressing their concerns and helping them every step of the way.

Brian Bez has also been an attorney with the Law Offices of Lee Steinberg, P.C. for over twenty years. He specializes in third-party automobile negligence cases, helping clients all over the state of Michigan. Brian is well respected by plaintiff and defense attorneys. He works hard with clients, their treating physicians, family members and experts in presenting a compelling claim to insurance companies and their representatives on behalf of his clients.

Both Franci and Brian have a wonderful senses of humor and enjoy fighting for the rights of the underdog.  Just as important, they truly are Super Lawyers.

Congrats to Franci and Brian.

As a follow-up to a previous blog about what is a lawsuit, another question I get asked quite a bit is the following – What is a deposition? Probably because I’ve been an attorney involved in so many them I just assume everybody knows what a deposition is. However, my feelings are a bit presumptuous and so below is a quick description of is a deposition.

I’ve asked clients prior to filing a lawsuit on their behalf if they know what a deposition is. Many answer in the following way – it’s when a person who files a lawsuit goes to court and gets asked by the judge a bunch of questions about why they were injured.

To set the record straight, a deposition simply is the testimony of a party or a witness, taken under oath, in a civil or criminal proceeding taken before a trial. Depositions usually take place in an attorney’s office. In addition, they are conducted without the presence of a judge. They always involve a court reporter who takes down the testimony of the deponent (testifier) using a small stenotype machine.

What does a deposition entail?

During a deposition, a lawyer will ask a witness a wide range of questions. Usually, at first the witness will be asked background information, including the person’s address, educational background and employment history. The lawyer will then ask questions about the case. Obviously, the questions that will be asked differ from case to case. Depositions lengths vary, with some taking as little as twenty minutes and others taking many hours.

Michigan accident lawyers have taken literally thousands of depositions, ranging from fact witnesses to physicians and medical experts. We also help our clients prepare for their depositions prior the examination. This preparation is essential so our clients feel comfortable and at ease during questioning.

Is a dog bite case worth pursuing?

I get this question a lot. Often somebody who has been injured by a dog bite or dog attack calls our office and asks this question. Usually, the dog bite victim is concerned about the costs of pursuing the claim, how long will it take and the financial impact on the dog owner.

I want to address some of these concerns.

First off, I would never advocate somebody filing a claim against a dog owner unless there were real injuries sustained by the dog bite victim. However, dog bite injuries present themselves in various ways. A dog bite attack can result in physical pain and injury – think torn muscles and fractured bones. More often, dog bite attacks result in permanent scarring, whether it is to the leg or face. Permanent scarring can have a devastating effect on a person, and the medical costs can be extremely expensive. Surgeries to lessen or remove scarring can run into the thousands of dollars. In addition, these traumatic events can lead to severe anxiety, depression or post-traumatic stress disorder.

As for the cost of pursuing a dog bite claim, the answer is simple. At Michigan dog bite attorneys, there is no fee unless there is a recovery. This means you don’t get paid unless we obtain compensation on your behalf.

The time it takes to pursue a claim will vary. Now remember, just because you are opening a “claim” against a dog owner does not mean you are filing a lawsuit in court against the dog owner. A claim is very different than a lawsuit. A claim is merely an investigation between your attorney and an insurance adjuster working for the insurance company of the dog owner. It is not a formal civil action in a court.

Usually, most dog bite claims are settled at the claims stage. This means they are settled without having to go to court. Assuming this occurs, a dog bite claim can settle sometimes within six months of the dog attack. However, if a lawsuit is necessary, this will lengthen the time period – although even dog bite lawsuits can be resolved fairly quickly and smoothly.

Last, a concern I hear quite often from dog bite victims is the financial impact their claim will have on a dog owner. I can say our firm almost never takes a case unless the dog bite owner has homeowners insurance. Dog bite accidents are covered under homeowner’s insurance policies. If a settlement or verdict is obtained on behalf of our client, the money will come from the insurance company.

That way, you are not putting a dog owner in financial peril because of an honest mistake.

Medicare has become an important part of almost every single claim in our office, whether it is a car accident, truck accident or slip and fall accident.

First, there is the paperwork. Whether the client is on Medicare or not, the insurance company on the other side wants information pertaining to Medicare. Recently, a client in his mid 20s who was in great health until he was involved in a car accident was mailed seven pages of information pertaining to Medicare by his auto insurance company. My client is not on Medicare and hopefully will not be Medicare eligible for another forty years. Now often insurance companies send this documentation to obtain free information on the case that has nothing to do with Medicare. But most of the time they are just trying to abide by federal law. Still, the paperwork and time involved in just notifying Medicare of an open claim has gotten ridiculous.

Then there is the major headache. Paying Medicare the money it is owed. Under the Medicare Secondary Payer Act, the Medicare Trust Fund is entitled to recoup the money it has spent on behalf of a beneficiary injured from the liability of someone else. This makes sense. Medicare has paid the beneficiary’s medical bills for an accident that a private insurance company is responsible to pay. It wants its money back.

However, because the U.S. Department of Health and Human Services, which runs Medicare, so under staffs the Medicare department responsible for collections, it has become virtually impossible to find out the amount of Medicare’s lien and what charges Medicare has a lien for. As a result, our clients sit and wait for the compensation they deserve, even after the case has been resolved.

The problem is only getting worse. Wait time for the “final payment letter” from Medicare on our various Michigan car accident cases or Michigan no-fault cases now runs into the months and months. We have settlement checks in the six figures sitting in our office, unclaimed by our clients because under federal law, we cannot disburse the settlement money to the client until Medicare’s lien has been satisfied. Of course you cannot satisfy a Medicare lien unless you know what the final lien amount is in the first place!

Complaints to the various parties in the federal movement have been made. Kathleen Sebelius, the Secretary of the Department of Health and Human Services, a cabinet position, has been made aware of the vast under staffing in the Centers for Medicare & Medicaid Services (CMS). However, with calls to cut all forms of federal government spending being made daily by the Republican majority in the House of Representatives, it is unlikely new funding will be found to hire the people necessary to collect the money Medicare is owed.

Think about that for a second. You have hundreds of millions in accounts receivable outstanding. It will only cost a few million dollars to hire new staff and implement the infrastructure necessary to speed up the collections process. Sounds like a no brainer, right? Well, only time will tell. And hopefully the federal government will take the steps needed to speed this process up, both for the solvency of Medicare and our injured clients.

It’s interesting how rarely I am asked one of the most basic questions in the entire legal field.  What is a lawsuit?  It’s interesting because most clients never ask this question even as they are about to enter one as a named party. 

Most people think they understand what a lawsuit is, but many are incorrect.   I’ve had a number of clients who believe a “lawsuit” is simply asking a judge for money.   This is simply not true.  In a civil case for money damages, a lawsuit is an action brought in court that asks a judge or jury to award some type of relief or remedy, usually money damages, for a wrong that was committed against them.   This wrong can be known as a tort, where a violation of a legal duty occurred, or the wrong can be a breach of contract. 

In Michigan, a lawsuit is started by filing what’s called a Complaint in either District Court or Circuit Court.  If the size of the award the plaintiff (the person or entity asking for relief) is requesting is over $25,000, then the Complaint must be filed in Circuit Court.  Anything $25,000 or less must be filed in District Court.  In general, the Complaint is a statement of facts alleging why the conduct of the defendant entitles a plaintiff to recover relief. 

The Michigan Rules of Court set forth what a Complaint should look like and what must be plead.  MCR 2.111(B) states:

Statement of Claim. A complaint, counterclaim, cross-claim, or third-party complaint must contain the following:

(1)        A statement of the facts, without repetition, on which the pleader relies in stating the cause of action, with the specific allegations necessary reasonably to inform the adverse party of the nature of the claims the adverse party is called on to defend; and

(2)        A demand for judgment for the relief that the pleader seeks. If the pleader seeks an award of money, a specific amount must be stated if the claim is for a sum certain or a sum that can by computation be made certain, or if the amount sought is $25,000 or less. Otherwise, a specific amount may not be stated, and the pleading must include allegations that show that the claim is within the jurisdiction of the court. Declaratory relief may be claimed in cases of actual controversy. See MCR 2.605. Relief in the alternative or relief of several different types may be demanded.

Michigan is a “fact pleading” jurisdiction rather than a “notice pleading” jurisdiction.  In a notice pleading jurisdiction, the plaintiff only has to state its claim or claims in general terms without alleging detailed facts to support the claim.  Fact pleading is more specific and means the Complaint must state the actual facts he or she relies upon to inform the defendant of the nature of the claim it is defending. 

At the time the plaintiff’s Complaint is filed, a summons is issued and served on the defendant by an officer of the Court, usually a Deputy Sheriff or process server, informing the defendant that suit has been filed and that a response must be made within a given period of time or a judgment will be taken against him.  A Complaint must be filed with a summons.  Proof of service upon the defendant must usually then be filed with the court.  A summons expires after 91 days. 

Once the defendant is served with the Complaint, the defendant has 21 days to file an answer to the Complaint after it receives the Complaint and summons.  This answer must be filed with the court.  If the Defendant is not in Michigan, it has 28 days to file its answer to the Plaintiff’s Complaint. 

This is a brief overview of what a lawsuit is.  If you have any questions, don’t hesitate to contact us here at our offices throughout the state of Michigan by calling 1-800-LEE-FREE (533-3733).

The Michigan Court of Appeals came out with a new decision that clearly illustrates the frustration and uphill battle car accident and motor vehicle accident victims face in our state’s court system today. It also illustrates the despicable tactics various auto insurance companies take to ensure they pay the least amount of money possible to its policyholders.

In Dawson v. Farm Bureau Mutual Insurance Co. of Michigan, Timothy Dawson sustained horrible injuries as a passenger in a vehicle driven by Catrina Olinger when Ms. Olinger struck a bridge abutment. Mr. Dawson sued Ms. Olinger for negligence. Unfortunately, Ms. Olinger only had the state minimum $20,000 insurance policy. Mr. Dawson however had an auto insurance policy through Farm Bureau that contained an underinsured motorist provision (UIM) that allowed him to receive an additional $80,000 in damages from Farm Bureau. All was good for Mr. Dawson, or so it seemed.

Ms. Olinger’s insurance company wanted to settle the case for the entire $20,000 policy, however Farm Bureau required it approve any settlement in writing first and Farm Bureau refused to do so. Like most insurance contracts, the UIM carrier must provide written consent before the injured policyholder can accept settlement with the at-fault (Ms. Olinger) driver. Without this consent, the injured person can never gain access to the UIM benefit.

Farm Bureau used this simple statement in its insurance contract with Mr. Dawson as a sword to deny benefits. Mr. Dawson eventually received a $100,000 verdict in a jury trial that lasted 29 minutes, but Farm Bureau refused to pay because it never gave written consent to the judgment. Mr. Dawson countered that Farm Bureau was judicially prevented from denying UIM coverage because the issue of liability and damages was litigated at the trial. The trial judge agreed and ordered Farm Bureau to pay, but the Court of Appeals reversed.

In its decision, the three Court of Appeals judges, all of whom are very conservative, held that “contract is king” and because the insurance policy states Farm Bureau “will not be bound by any judgments for damages or settlements made without Farm Bureau’s written consent” it is not responsible to pay any of the $100,000 verdict. The Court went on to say that although the plaintiff tried to involve Farm Bureau in the litigation, and although Farm Bureau refused to participate, Farm Bureau still cannot be sued for UIM benefits unless and until other payments or judgments are exhausted. Basically, plaintiff’s trial verdict is meaningless as it pertains to Farm Bureau.

This line of reasoning is dangerous on a number of levels.

First, it assumes that all policyholders are educated participants in the contractual agreements they sign onto when they purchase car insurance. But everybody knows insurance contracts are contracts of adhesion – you are struck with what you got. Have you read your auto insurance policy? If you have, did you understand even half of what it says? Even if you do understand the policy language, have you ever called the insurance company to try to negotiate and change the terms? I’m sure the answers are no to all those questions. The insurance agent would laugh in your face.

In reality, people are struck with the terms in their auto insurance policy. For the Michigan Court of Appeals to state Mr. Dawson is bound by the terms of the contract he signed with Farm Bureau is disingenuous. Mr. Dawson didn’t know what he was signing, just like you and every other person who purchases car insurance. He was stuck with contract terms that only benefited the auto insurance company. If the terms are unreasonable, tough luck.

The Court of Appeal’s logic is also dangerous because it potentially prevents Mr. Dawson from ever being able to collect a single cent from the policy he was dutifully paying insurance premiums for. In legalese, his UIM benefits were “illusory” or imaginary. He was paying an extra premium for UIM benefits he would never be able to collect.

The reason is simple. Because no judgment (verdict or settlement) was entered against the negligent driver without Farm Bureau’s consent, Farm Bureau doesn’t have to pay. Even more frustrating, let’s say you do get past Farm Bureau’s ridiculous pre-conditions, it may be too late to sue them because the statute of limitations, or time limit to sue, has passed. Like Mr. Dawson, you care up the creek without a paddle. Heads you lose, tails they win.

This is why it is so important to contact a lawyer immediately after a car accident, truck accident or motorcycle accident. You never know what benefits you may be entitled to, and if underinsured motorist coverage (UIM) is available, there are very strict rules you must follow to ensure you get the coverage you paid for.