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What You Should Know About Winter Driving Accidents in Michigan

Sun, 23 Feb 2025 20:02:32 GMT

Winter in Plymouth, Michigan, brings snow-covered roads, icy intersections, and unpredictable driving conditions. While the season has its beauty, it also increases the risk of accidents. Snow, sleet, and freezing rain create hazards that drivers must take seriously to reduce the chances of a crash.

At the Law Office of Kurt M. Schultz PLLC, we understand how devastating accidents in these conditions often are. If you or a loved one has been injured in a winter driving accident, knowing your legal rights is essential.

Michigan’s unique no-fault insurance system impacts how personal injury claims are handled after an accident. Understanding liability, insurance coverage, and how to pursue compensation can make all the difference in recovering from an accident.

Why Winter Driving Accidents Are So Common in Michigan

Winter weather presents challenges that increase the likelihood of accidents. Snow and ice reduce tire traction, making it harder to stop or change direction. Black ice is especially dangerous because drivers often don’t see it until they lose control.

Additionally, visibility can be severely reduced due to blowing snow or freezing rain. These factors contribute to an increase in collisions, particularly on highways, bridges, and overpasses where ice tends to form more quickly.

In Michigan, drivers are expected to adjust their behavior to account for hazardous weather. That means slowing down, increasing the following distance, and using extra caution at intersections.

When drivers fail to take necessary precautions, they put themselves and others at risk. Personal injury claims often arise when reckless or careless driving causes preventable accidents.

Michigan’s No-Fault Insurance and Winter Accidents

Michigan follows a no-fault insurance system, which means that after an accident, your own insurance company covers medical expenses and certain economic losses, regardless of who was at fault. This coverage, known as Personal Injury Protection (PIP), includes medical bills, lost wages, and rehabilitation costs.

However, no-fault benefits do not cover pain and suffering. To recover damages beyond what PIP provides, a personal injury claim must meet Michigan’s threshold for serious injury.

If an accident leads to significant impairment of a body function, disfigurement, or death, the injured party may pursue additional compensation from the at-fault driver. This is where understanding liability becomes critical in winter accident cases.

Who Is Liable for a Winter Driving Accident?

Although Michigan’s no-fault laws affect how claims are handled, liability still plays a role in recovering damages beyond PIP benefits. In a winter accident, multiple factors can contribute to liability, including:

Driver negligence: If a driver was speeding, following too closely, or failed to clear snow and ice from their vehicle, they may be held responsible. Even though winter weather makes driving more difficult, drivers are still expected to operate their vehicles safely.
Municipal responsibility: Local governments have a duty to maintain roads, but Michigan law provides governmental immunity in many cases. However, if a city or county fails to address hazardous conditions within a reasonable time, they may be liable for injuries resulting from unsafe roadways.
Commercial vehicles: Truck drivers and companies must take extra precautions in winter weather. If a commercial driver fails to exercise caution and causes an accident, the trucking company may share liability.

Determining liability in winter accidents often requires an investigation into road conditions, driver actions, and whether all parties exercised reasonable care under the circumstances. As personal injury attorneys, we evaluate these factors to help clients determine whether they have grounds for a claim beyond no-fault benefits.

Common Injuries in Winter Accidents

Winter collisions often result in serious injuries due to the impact of crashes on slippery roads. Some of the most common injuries include:

Whiplash and neck injuries: Sudden impacts can cause strain on the neck and spine, leading to long-term pain.
Head and brain injuries: Slippery conditions increase the risk of high-impact collisions, which can lead to concussions or traumatic brain injuries.
Fractures and broken bones: The force of a winter crash can lead to broken bones, especially in side-impact or rear-end collisions.
Back and spinal cord injuries: Even at lower speeds, winter accidents can result in significant back injuries that require extensive medical treatment.

If an accident leads to serious injuries, victims may have the right to pursue a personal injury claim beyond the no-fault system. Medical records, witness statements, and accident reports are crucial in proving the extent of injuries and their impact on daily life.

Steps to Take After a Winter Driving Accident

If you are involved in a winter accident, the actions you take immediately afterward can affect your ability to seek compensation. While the aftermath of a crash can be overwhelming, following these steps can help protect your rights:

Seek medical attention: Even if injuries seem minor, it’s important to get checked by a medical professional. Some injuries take time to develop, and medical records play a key role in personal injury claims.
Document the scene: If possible, take photos of the accident, road conditions, and vehicle damage. Snow and ice can quickly change, so gathering evidence at the scene is crucial.
Exchange information: Obtain contact and insurance details from the other driver, as well as names and phone numbers of any witnesses.
Report the accident: Michigan law requires that accidents involving injury, death, or significant property damage be reported to the police. An official report can serve as valuable evidence.
Notify your insurance company: Contact your insurer to begin the no-fault claims process. However, be cautious about giving recorded statements before speaking with a personal injury attorney.

Taking these steps can strengthen your case if you later pursue additional compensation for serious injuries.

How We Help Victims of Winter Accidents

At the Law Office of Kurt M. Schultz PLLC, we represent individuals who have been injured in winter driving accidents. While Michigan’s no-fault system provides immediate benefits, it does not always cover the full extent of an accident’s impact.

When injuries are severe, or another driver’s negligence played a significant role, pursuing additional compensation may be necessary.

Our work involves investigating the cause of the accident, reviewing medical records, and negotiating with insurance companies to secure fair compensation. Personal injury cases involving winter conditions can be challenging because insurers often try to shift blame onto the weather rather than the driver’s actions.

However, Michigan law makes it clear that drivers must adjust their behavior based on road conditions, and failure to do so can result in liability.

How Michigan’s Comparative Fault Rule Affects Winter Accident Claims

Michigan follows a comparative fault rule, which can impact the amount of compensation an injured party receives. Under this rule, if a driver is partially responsible for an accident, their compensation may be reduced by their percentage of fault.

For example, if a driver is found to be 20% responsible for a crash due to speeding on an icy road, any damages they recover would be reduced by that percentage.

However, if a driver is found to be more than 50% at fault, they are barred from recovering non-economic damages such as pain and suffering. This means that in personal injury cases, proving that the other driver was primarily responsible for the crash is crucial.

Insurance companies often try to argue that poor road conditions, rather than their policyholder’s negligence, caused the accident. Having strong evidence—such as police reports, witness statements, and accident reconstructions—can help counter these arguments.

Winter accidents often involve multiple vehicles, making liability even more difficult to establish. If more than one driver is found at fault, compensation may be divided based on each driver’s degree of responsibility. That’s why it is critical to document the scene and seek legal advice if an insurance company tries to unfairly shift blame.

Preventing Winter Accidents

While Michigan drivers cannot control the weather, they can take precautions to reduce the risk of winter accidents. Defensive driving is especially important in icy and snowy conditions, where reaction times are slower, and braking distances are longer. Some key safety measures include:

Reducing speed: Speed limits are set for ideal conditions. In winter weather, driving below the posted limit is often necessary to maintain control.
Leaving extra space: Tailgating is particularly dangerous on icy roads. Leaving at least three times the normal following distance can help prevent rear-end collisions.
Using proper tires: Winter tires provide better traction than all-season tires and can significantly reduce the likelihood of sliding on ice.
Clearing snow and ice: Drivers should remove snow from their vehicles before hitting the road, as ice chunks and snowdrifts can impair visibility and create hazards for other motorists.
Avoiding sudden movements: Slamming on the brakes or making sharp turns can lead to skidding. Drivers should apply brakes gently and steer smoothly to maintain control.

Even the safest drivers can still be involved in accidents due to the negligence of others. When a winter crash occurs, knowing how to protect your personal injury claim can make a significant difference in securing fair compensation.

The Next Steps

At the Law Office of Kurt M. Schultz PLLC, we are committed to helping those injured in winter accidents and making the legal process as painless as possible.

We are proud to serve Plymouth, Michigan, and the surrounding areas of Wayne County, Washtenaw County, Oakland County, Detroit, Southfield, Ann Arbor, Canton, Livonia, and Redford. Call us today to take the next steps.

The Car Accidents Claims Process in Michigan

Wed, 28 Aug 2024 20:02:32 GMT

When it comes to navigating the aftermath of car accidents in Michigan, the process can be overwhelming and confusing. As a team of legal professionals who have helped countless clients through this challenging time, we understand just how stressful it can be to deal with the insurance claims process while also recovering from injuries and dealing with the emotional fallout of an accident. Our goal with this guide is to walk you through every step of the car accident claims process in Michigan, helping you understand your rights, responsibilities, and what to expect along the way.

Understanding Michigan’s No-Fault Insurance System

Before diving into the claims process, it’s essential to understand Michigan’s unique no-fault insurance system. Michigan is one of the few states that operates under a no-fault insurance model, which means that after a car accident, your own insurance company is responsible for covering your medical expenses, lost wages, and other out-of-pocket costs, regardless of who was at fault for the accident. This system was designed to make sure that accident victims receive prompt payment for their injuries and losses without the need for lengthy litigation.

However, this doesn’t mean that fault is irrelevant. In cases where someone suffers serious injuries or the total damages exceed the personal injury protection (PIP) coverage, the injured party may still be able to file a claim against the at-fault driver. Understanding how this system works is crucial when filing a claim, as it determines the types of benefits you can receive and the steps you need to take.

Step 1: Seeking Medical Attention

The first and most important step after a car accident is to seek medical attention. Even if you feel fine or believe your injuries are minor, it’s essential to see a doctor as soon as possible. Many injuries, such as whiplash or concussions, may not be immediately apparent but can worsen over time. Additionally, having a medical professional document your injuries right after the accident will be crucial when it comes to filing your insurance claim.

Make sure to keep all records related to your medical treatment, including doctor’s notes, hospital bills, prescription receipts, and any other documentation related to your care. This information will be necessary to prove the extent of your injuries and the associated costs when you file your claim.

Step 2: Reporting the Accident to Your Insurance Company

Once you’ve received medical attention, the next step is to report the accident to your insurance company. In Michigan, you’re required to notify your insurer of the accident within a reasonable amount of time, which Bankrate found is typically interpreted as within 24 hours to a few days, depending on the circumstances.

When reporting the accident, it’s important to provide your insurance company with accurate and detailed information. Be prepared to share the following:

Date, time, and location of the accident.
Description of how the accident occurred.
Contact information for any other drivers involved.
Contact information for any witnesses to the accident.
Details about your injuries and any medical treatment you’ve received so far.

Remember that when speaking with your insurance company, it’s crucial to stick to the facts and avoid making any statements that could be interpreted as admitting fault. While Michigan is a no-fault state, your words can still impact your claim, especially if there’s a possibility of filing a third-party claim against the at-fault driver later on.

Step 3: Filing Your Personal Injury Protection (PIP) Claim

As we mentioned earlier, Michigan’s no-fault system means that your first avenue for compensation after a car accident is your own insurance company through your Personal Injury Protection (PIP) coverage. PIP benefits are designed to cover a wide range of expenses related to your injuries, including:

Medical Expenses: PIP covers all necessary medical treatment related to your injuries, including surgeries, hospital stays, doctor visits, rehabilitation, and medication.
Lost Wages: If your injuries prevent you from working, PIP can cover a portion of your lost wages, typically up to 85% of your gross income, for up to three years, accordion to Forbes.
Replacement Services: If you need help with daily tasks, such as housekeeping or childcare, PIP can provide compensation for hiring someone to assist you.
Attendant Care: If your injuries require in-home care, PIP can cover the cost of hiring a caregiver, or it can compensate a family member who provides care.

To file a PIP claim, you’ll need to submit a formal claim with your insurance company, along with all relevant documentation, such as medical records, proof of lost wages, and receipts for any out-of-pocket expenses. It’s crucial to keep thorough records and submit your claim as soon as possible, as there are strict deadlines for filing PIP claims in Michigan.

Step 4: Handling Property Damage Claims

In addition to your PIP claim, you’ll also need to address the damage to your vehicle. Michigan’s no-fault system covers your injuries and certain expenses, but it doesn’t cover the damage to your car. Instead, you’ll need to file a separate property damage claim.

If you have collision coverage on your insurance policy, your own insurance company will cover the cost of repairing or replacing your vehicle, minus your deductible. If you don’t have collision coverage, you may need to pursue a claim against the at-fault driver’s insurance to cover the costs of repairs. However, keep in mind that Michigan’s mini-tort law limits the amount you can recover for vehicle damage from the at-fault driver.

When dealing with property damage claims, it’s essential to obtain estimates from reputable repair shops and provide your insurance company with all necessary documentation. The sooner you file your claim, the sooner you can get your vehicle repaired and back on the road.

Step 5: Navigating Serious Injury Claims

While Michigan’s no-fault system is designed to handle most car accidents, there are situations where you may need to step outside of this system and file a third-party claim against the at-fault driver. This typically occurs when you’ve suffered a “serious impairment of body function” or “permanent serious disfigurement,” as defined by Michigan law. These types of injuries often lead to significant medical expenses, long-term disability, and other damages that exceed the limits of your PIP coverage.

In such cases, you can file a personal injury lawsuit against the at-fault driver to seek compensation for pain and suffering, excess medical expenses, lost wages beyond the three-year limit, and other non-economic damages. However, pursuing a third-party claim can be difficult and requires a thorough understanding of Michigan’s car accident laws.

Step 6: Working with an Attorney

Navigating the car accidents claims process in Michigan can be challenging, especially if you’re dealing with serious injuries, insurance issues, or an uncooperative insurance company. That’s why it’s often in your best interest to work with an experienced personal injury attorney who can guide you through the process and help you secure the compensation you deserve.

An attorney can assist you with every aspect of your claim, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. They can also help you understand your rights under Michigan law and make sure that you meet all deadlines and requirements for filing your claims.

When choosing an attorney, it’s important to select someone with experience in handling car accidents cases, particularly in Michigan. They should be familiar with the state’s no-fault insurance system, as well as the specific challenges that arise in serious injury cases. A skilled attorney will work tirelessly to protect your interests and maximize your compensation.

Step 7: Settling Your Claim

Most car accident claims in Michigan are settled out of court, meaning that you and your insurance company (or the at-fault driver’s insurance company) reach an agreement on the amount of compensation without going to trial. Settling your claim can be a quicker and less stressful option than litigation, but it’s essential to approach settlement negotiations with caution.

Before agreeing to a settlement, it’s crucial to have a clear understanding of the full extent of your injuries, as well as the long-term impact on your health, ability to work, and quality of life. Once you accept a settlement, you typically forfeit the right to pursue additional compensation in the future, so it’s vital to make sure that the settlement amount is sufficient to cover all of your current and future needs.

Working with an attorney can be particularly beneficial during settlement negotiations. An attorney can help you evaluate the offer, negotiate for a higher amount if necessary, and see that your rights are protected throughout the process.

Step 8: The Litigation Process

If you’re unable to reach a fair settlement with the insurance company, you may need to pursue your claim through litigation. Filing a lawsuit can be a lengthy and intricate process, but it may be the best option if you’re dealing with a serious injury or if the insurance company is refusing to pay what you’re owed.

The litigation process begins with filing a complaint in the appropriate court, followed by a period of discovery, during which both sides gather evidence and prepare their cases. This may involve depositions, expert testimony, and the exchange of documents. If the case doesn’t settle during discovery, it will proceed to trial, where a judge or jury will determine the outcome.

Litigation can be intimidating, but with the right legal representation, you can confidently navigate the process and fight for the compensation you deserve.

Enlist the Legal support of an Attorney

Car accidents in Michigan can be life-altering events, but understanding the claims process and knowing your rights can make a significant difference in your recovery. From filing a PIP claim and handling property damage to navigating serious injury claims and working with an attorney, each step of the process requires careful attention and timely action.

While Michigan’s no-fault insurance system is designed to simplify the process, the reality is that dealing with insurance companies and recovering from injuries can still be challenging. That’s why we recommend working with a skilled personal injury attorney who can guide you through the process, advocate on your behalf, and help you navigate the law. If this is something that you need, don’t hesitate to reach out to Law Office of Kurt M. Schultz PLLC as soon as possible. We service Plymouth, Michigan as well as the surrounding areas of Wayne County, Washtenaw County, Oakland County, Detroit, Southfield, Ann Arbor, Canton, Livonia, and Redford. Our team looks forward to assisting you!

T-Bone Car Accidents

Tue, 16 Jul 2024 20:02:32 GMT

We’ve all experienced those heart-stopping moments at intersections. You’re driving cautiously when, out of nowhere, another car slams into the side of your vehicle. This type of collision, known as a T-bone accident, can be incredibly dangerous.

At the Law Office of Kurt M. Schultz PLLC, we are here with everything you need to know about T-bone car accidents, from causes and impacts to legal steps you can take if you find yourself involved in one.

What Is a T-Bone Car Accident?

A T-bone car accident occurs when the front of one vehicle crashes into the side of another, forming a “T” shape. These accidents are common at intersections where one driver fails to yield the right-of-way. The crumpling of metal and the force of the impact can lead to severe injuries for those involved.

Common Causes of T-Bone Accidents

Understanding what leads to T-bone accidents can help prevent them. Here are some of the most common causes:

Running red lights: Drivers who speed through red lights put everyone at risk. This reckless behavior is a leading cause of T-bone collisions.
Failure to yield: Intersections can be confusing, and not everyone follows the rules. Failing to yield to oncoming traffic often results in devastating side-impact crashes.
Distracted driving: Modern technology, while convenient, can be a major distraction. Texting, eating, or even adjusting the radio can divert attention long enough to cause a serious accident.
Drunk driving: Drivers under the influence of alcohol or drugs have impaired judgment, reaction times, and coordination, significantly increasing the likelihood of causing a T-bone accident.

Speeding: Excessive speed reduces a driver's ability to react to changes in road conditions or traffic signals. Speeding through an intersection increases the risk of serious collisions, including T-bone accidents.

Consequences of T-Bone Accidents

The aftermath of a T-bone accident can be life-changing.

Physical Injuries: The side of a vehicle offers less protection than the front or rear. This means occupants are more vulnerable to injury, including broken bones, traumatic brain injuries, and spinal cord damage.
Emotional Trauma: The emotional toll of being involved in a T-bone accident can be immense. Victims may experience anxiety, depression, or PTSD long after the crash.
Financial Impact: Medical bills, vehicle repairs, and possible loss of income can create a financial burden that’s hard to overcome. Understanding your legal rights can help mitigate these costs.
Legal Repercussions: Involvement in a T-bone accident can lead to significant legal challenges. Determining fault is often complicated, and both parties may face litigation. Legal battles can be time-consuming, emotionally draining, and costly, and they often require experienced legal representation.
Long-Term Rehabilitation: Injuries sustained in a T-bone accident may require extensive rehabilitation. Physical therapy, ongoing medical treatments, and mental health support are often necessary for a full recovery. These long-term care needs can be physically exhausting and add to the overall financial strain caused by the accident.

What to Do After a T-Bone Accident

Stay calm and follow these steps to protect your health and legal rights in the chaotic aftermath of an accident:

Safety first: Make sure you and your passengers are safe. If possible, move to a safe location and check for injuries. Call emergency services immediately if anyone is hurt.
Gather information: Collect as much information as possible at the scene. Take photos of the vehicles, the intersection, and any visible injuries. Exchange contact and insurance information with the other driver.
Get medical attention: See a doctor even if you feel fine. Some injuries, like whiplash, may not be immediately apparent but can cause long-term issues.
Contact law enforcement: Report the accident to the police. An official police report can be important for insurance claims and determining fault in a legal case.
Notify your insurance company: Report the accident to your insurer and provide them with accurate information about the incident to facilitate the claims process.

Michigan Laws for Car Accidents

Understanding local laws is necessary if you have been involved in a car accident in Michigan. Here's a brief overview of key regulations.

No-Fault Insurance: Under Michigan’s No-Fault law, your insurance will cover medical expenses and lost wages, regardless of who caused the accident. This can simplify the claims process but also means you need to understand your policy thoroughly.
Comparative Negligence: Michigan follows a comparative negligence rule. This means that if both parties are found to be partially at fault, compensation will be adjusted accordingly. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.
Statute of Limitations: In Michigan, you have three years from the date of the accident to file a personal injury lawsuit. Failure to adhere to this deadline can take away your right to claim compensation. Prompt action can preserve evidence and strengthen your case.
Seat Belt Laws: Michigan law requires all drivers and passengers to wear a seat belt. Failure to comply with this law can affect your compensation claim. If it is found that you were not wearing a seat belt at the time of the T-bone accident, your compensation could be reduced due to contributory negligence, as it may be argued that your injuries were more severe due to non-compliance with seat belt regulations.
Reporting Requirements: In Michigan, any car accident that results in injury, death, or property damage over $1,000 must be reported to the police immediately. Failing to report can result in penalties and complicate insurance claims.

Need Legal Help?

At the Law Office of Kurt M. Schultz PLLC, we provide personalized service and direct access to an attorney. Our goal is to make the legal process as painless as possible for you. Whether you have been in a car accident or experienced another kind of injury, we are here to help you get compensation.

If you or a loved one has been involved in a T-Bone accident in Plymouth, Wayne County, Washtenaw County, Oakland County, Detroit, Southfield, Ann Arbor, Canton, Livonia, and Redford, contact the Law Office of Kurt M. Schultz PLLC, located in Plymouth, Michigan, and take the first step toward recovery.

Michigan No Fault Act

Tue, 28 Jun 2022 20:02:32 GMT

If you have been involved in an auto accident (including as a passenger or even a pedestrian), you probably feel a little confused about your rights. You are not alone. The laws are complex and change on a daily basis. Allow us to explain your legal rights to you, and help you submit claims for the benefits you are entitled to. Some of the available benefits include:

Medical expenses
Replacement services (payment for daily assistance around your home)
Lost wages
Attendant care (payment for assistance with taking care of yourself)
Medical mileage
Out-of-pocket expenses
Pain and suffering

You may be entitled to these benefits even if you have no automobile insurance!

Since the state of Michigan has “no-fault” insurance, the benefits listed above are available even if you caused the accident.

If the accident was caused by the negligence of someone else, you may be entitled to money damages for your pain and suffering.

Lastly, I would caution anyone involved in a car accident to be extremely careful what you say to any insurance company representative. If you are intending to make benefit claims and/or pursue a pain and suffering claim, you may want to let an attorney speak for you.

Make Sure You Are Covered

Call us to reach a lawyer at the Law Offices of Kurt M. Schultz, PLLC, in Plymouth, or contact us by email.

Steps to Take After an Accident

Tue, 28 Jun 2022 20:02:32 GMT

What to Do After a Car Accident

Nobody expects to be in an accident. Emotions often run high at the scene of a truck accident, car crash or after a slip-and-fall accident. At the same time, our bodies are programmed to react to sudden events to protect us. The so-called fight-or-flight responses can mask some injuries. For instance, adrenaline released into the body, which can mask pain in the immediate aftermath of an accident.

In other situations, symptoms of serious injuries can be delayed for days or longer such as a damaged disc in the spine or a soft-tissue injury. Many accident victims are left with the false impression that they are okay for a period of time — until the other shoe drops as the pain begins to emerge. In more serious situations, injuries may be far too obvious.

Protect Your Rights and Claim After an Accident

What you do in the moments and days after an accident can be important in protecting your rights. For direct answers to your questions and strategic guidance, call us. At the Law Offices of Kurt M. Schultz, PLLC, in Plymouth, I understand how chaotic and confusing motor vehicle accident scenes can be. For that reason, I have compiled a short list of some important steps you can take after an accident:

Stay at the scene: It is important to remain at the scene of any car accident. Calling police and gathering insurance and identity information of any other drivers is important for any insurance claims. This is also a good time to get the names of any potential witnesses or bystanders.
Check for injuries: If you are able to move around, check on passengers in your vehicle, if any, and anyone else who may have been injured in the accident.
Cooperate with police: Police do not come to every accident scene unless an ambulance is necessary, especially in the Detroit metro. It is still important to call 911 to report the accident. While cooperating with law enforcement, it is important to understand your surroundings. Do not admit fault, and understand that you may have injuries — even if you feel all right in the immediate aftermath of the wreck.
Document evidence: Most people have cellphones with a camera. If it is safe to do so, take photographs of the scene before anything is moved, including the relative positions of vehicles and property damage.
Get medical attention: Going to the doctor to get checked out after a motor vehicle accident or suffering an injury on someone else’s property is important for your well-being as well as any potential insurance claim. A delay in getting checked out can give the insurance companies a reason to later challenge a valid claim.
Contact a personal injury attorney: Insurance adjusters are trained to gather evidence against you to reduce or deny your claim. A lawyer can provide you with guidance on how to deal with the insurance companies. An experienced lawyer can also evaluate your case and start building a strong case from the outset.
Notify your insurance agent: You need to put your own insurance company on notice that you have been injured in an accident. Do not admit fault. Moreover, if an adjuster from the other driver’s insurance company (or property owner’s provider in a premises liability claim) contacts you, you should speak with a lawyer and let your attorney deal with the adjusters.

Get a Free Case Evaluation with A Lawyer Who Is Willing to Do the Hard Work

If you or a loved one has suffered injury due to the negligence of another, you do not have to face the system alone. I offer free initial consultations, and clients pay no fees unless and until I obtain compensation on their behalf.

To arrange a no-pressure case evaluation, contact us or call us. The Law Offices of Kurt M. Schultz, PLLC, is based in Plymouth, and I have successfully represented clients throughout southeastern Michigan for more than 20 years.

Explosion Potentially Caused by Faulty Stove or Installation

Wed, 18 May 2022 20:02:32 GMT

When we buy new appliances and have them installed, we expect them to be safe. We expect the installation to be professional and the appliance to work. Unfortunately, this is not always the case, as one Michigander may have experienced first-hand.

The Accident

The 66-year-old woman died in her mobile home on Aug. 20. She was killed by a fire that likely resulted from a gas explosion. The Taylor Fire Department stated that explosion appeared to have happened near the woman’s gas stove. She is survived several siblings, a daughter and grandchildren.

The Cause?

The TFD stated that the gas stove that exploded was new. It was recently installed by a third-party contractor that was hired through an unnamed home improvement store.

According to the woman’s brother, she recently received a cancer diagnosis and started chemotherapy. Loss of smell is a common side effect of chemotherapy, and prior to the explosion, the woman’s neighbors reported smelling natural gas. Crews could find no other possible gas leaks in the surrounding area.

While officials have deemed the explosion accidental, meaning, not purposeful, the investigation is ongoing. The companies involved are also investigating to see if a recall is warranted for the stove.

Options After an Appliance Explosion

Of course, the cause of the explosion is not official yet. However, the fact speak volumes as the possible causes, which include both the instillation of the gas stove and the stove itself. After all, a strong natural gas smell was smelled prior to the explosion and no other source was found.

As such, the surviving family members should contact an attorney immediately. If the install was caused by a faulting installation, the family could file a type of personal injury lawsuit called a wrongful death lawsuit. This would hold the installer, third-party installer, third-party installation company and the home improvement company responsible for this woman’s death. If, on the other hand, it is found that the explosion was caused by the product, a wrongful death lawsuit or products liability lawsuit could be filed.

Regardless of the eventual finding though, a call with an attorney can help frame what is needed. It can also give the grieving family some hope for justice.

What Is the Impact of A Traumatic Brain Injury?

Wed, 18 May 2022 20:02:32 GMT

Traumatic brain injuries are a type of injury that can occur in car accidents. Traumatic brain injuries (TBI) occur when a bump, blow or jolt to the head disrupts the brain’s normal function. Car accidents are the second-leading cause of traumatic brain injuries. Car accidents victims should be on the lookout for symptoms of brain injuries and how personal injury legal protections can help them.

Symptoms of Traumatic Brain Injuries

The symptoms of a traumatic brain injury may not be obvious immediately following a car accident but it can be costly and difficult to treat symptoms over time including:

Physical symptoms – physical symptoms of traumatic brain injuries can include headaches and impaired movement.
Sensory symptoms – sensory symptoms of traumatic brain injuries include impairments related to vision and hearing.
Cognitive symptoms – cognitive symptoms of traumatic brain injuries can include problems with thinking, focusing and memory.
Emotional symptoms – emotional symptoms of traumatic brain injuries can include mood disruptions, personality changes and depression.

Help with TBI Damages

Because TBIs can have a lasting, if not lifelong, impact on victims, victims may need help with their medical care, lost wages, pain and suffering, as well as future medical care needs and lost-earning capacity. A traumatic brain injury can make normal daily activities impossible for some victims. Victims can also be unrecognizable to family members. For that reason, victims of TBIs and their families should be familiar with the remedies available to them when they or their loved one has been injured by a negligent driver in a car accident and suffered a traumatic brain injury. A personal injury claim for damages may be able to help victims recover compensation for their physical, financial and emotional damages.

Seven Children Injured in Motor Vehicle Accident

Wed, 18 May 2022 20:02:32 GMT

We live in the Motor City area, and we love our vehicles. Whether it is getting to work, going out or whatever the destination, we all make heavy use of our roads and highways. After all, we live where the auto industry was born. Unfortunately, since our beloved roadways are often congested, accidents do happen, often causing injuries, sometimes, severely. One such accident occurred in nearby Romulus last week.

The Accident

The motor vehicle accident occurred at Eureka Road and Brandt Street Tuesday evening between a white Chevy Impala and gold Chevy Equinox. As a result of the collision, nine people were taken to an area hospital. This includes seven children.

Unfortunately, the details of the accident are still under investigation. And, the Romulus Police Department is still looking for witnesses or anyone who may have caught the accident on their dash camera.

The Consequences

While the investigation has not been completed yet, those injured should still contact an attorney immediately. Especially in those Michigan cases where the cause of the accident is not determined by police, an attorney-led investigation will likely be needed to determine fault (i.e., which driver drove negligently).

Determining negligence and fault is extremely important for those injured in car accidents because, just because one is in the hospital, does not mean the bills stop. And, if one is unable to work, they are unable to earn money, further causing financial stress. This is what a personal injury lawsuit is designed to solve. It gives Plymouth victims a path back to financial freedom and some sense of normalcy.

How Can I Maximize My Recoverable Compensation?

Wed, 18 May 2022 20:02:32 GMT

Has your life been turned upside down by a car accident? If so, then you’re probably desperately looking for a way to make ends meet and secure the medical care you need. While filing a personal injury lawsuit might be in your best interests, it’s only as helpful as the compensation you get out of it. In other words, a judgment of liability against the driver who caused your injuries doesn’t mean much if you’re not awarded adequate compensation to cover your damages. So what can you do to maximize your potential recovery? We have some ideas for you below.

Maximize Your Potential Recovery

Your personal injury claim needs to be well thought out and diligently prepared if you want to recover the full extent of your damages. Here are some steps you can take to do that:

Calculate accumulated losses: Look at your pay stubs and calculate your lost wages based on how much work you’ve missed. Also, keep records of all of your medical expenses.
Consult with an expert: Putting a price on expected medical expenses and lost wages can be difficult for jurors and even attorneys. That’s why it’s often helpful to speak to a medical professional, for example, who can give you, and the jury, a realistic picture of how much financial loss you’re going to face even after your lawsuit is decided. You might be able to do the same for your future lost income if it looks like you’re going to be out of work for a while or you’ll be unable to return to a similar paying profession.
Take a close look at how your life has changed: By pursuing a personal injury lawsuit, you might be able to recover noneconomic damages, such as pain and suffering. It’s very hard to put a value on these losses, but you can do so by painting a picture that shows exactly what your accident injuries have taken from you.
Limit your fault: Any award of compensation may be diminished by the percentage of fault allocated to you. So you need to be prepared to defend yourself against allegations of comparative fault.

While putting forth evidence of your damages can increase your chances of convincing a jury to award you an appropriate amount of compensation, it can also serve as a starting point for settlement negotiations. The point is, your case probably isn’t going anywhere if you haven’t prepared it. That’s why it’s probably in your best interests to work with an attorney who will know how to put in the work your case deserves to maximize your chances of success.

Premises Liability Protections for Victims

Wed, 18 May 2022 20:02:32 GMT

With the winter months coming, victims of slip and fall accidents should be familiar with the legal protections available to them. Slip and fall accidents can happen on icy sidewalks, snow-covered parking lots or in a store with puddling water in the aisles. However the slip and fall accident is caused, it can cause serious injuries for the victims.

Liability for A Slip And Fall Accident

Liability for slip and fall accidents depends on several factors. Factors include that the owner or possessor the property created the dangerous or hazardous property condition; the owner or possessor of property knew the dangerous or hazardous property condition existed and was negligent in failing to remedy it; or the dangerous or hazardous property condition existed for a period of time that made is so the owner or possessor or property should have known about it and corrected it. In addition, the owner or possessor of property can be liable for a failure to warn of a known dangerous or hazardous property condition or one that they should have known about.

Damages for A Slip and Fall Accident

Potential damages for slip and fall accidents include compensation for the victim’s physical, financial and emotional injuries. This can include compensation for medical expenses, lost wages or pain and suffering damages. A personal injury claim for damages can help victims of a slip and fall accident pursue compensation of their damages from a negligent property owner or possessor.

Premises liability laws protect victims who have been injured on the property of another. Victims should be familiar with these protections and how they can help them with their physical, financial and emotional damages.