Negligence

The defendant truck driver has to be extra careful. If the driver is not paying attention, a simple rear end collision can cause major injuries. A truck can weigh twenty times more than an automobile. A bus is similar.
In addition, truck drivers cannot drive too many over the road hours within a 24 hour period. They are restricted for safety purposes.

Injury

Due to the sheer size and weight of trucks, they usually cause severe injuries or even death. Sometimes, the truck has minor damage and the driver of the automobile sustains a major injury like a torn rotator cuff or needs a spinal fusion surgery.

Insurance

Over the road trucks are required to carry a minimum of one million dollars, however larger corporations often carry much more in liability insurance coverage.

Negligence

In Michigan, owners of dogs are strictly liable for a bite caused by their dog. What does that mean? An injured person does not generally have to prove negligence because the owner is strictly liable pursuant to MCL 287.351. There are defenses to strict liability such as provocation or trespassing.
In addition to strict liability, a dog bite incident can give rise to common law negligence. It is harder to prove. An injured person must demonstrate that the owner knew of the dog’s dangerous propensities and failed to warn the injured person.

Injury

The most obvious injury is a dog bite leaving a permanent scar. Many other injuries can occur. For example, a person could get knocked down during the bite and tear cartilage or ligaments in a knee. Some breeds of dogs refuse to release their bite grip and can tear muscles or tendons.

Insurance

The dog owner’s homeowners insurance usually provides coverage.
People renting property often do not have a policy of insurance to cover their dog.

Injury

Death. Once a person dies, the law no longer recognizes the person as being able to bring a lawsuit. A probate estate has to be opened to obtain damages on behalf of the deceased. Damages include the conscious pain and suffering the person endured leading up to their demise.
In addition, a large component of damages can be economic losses. For example, a 45 year old that earns $80,000 per year that dies could have 20 years of lost income which would total $1,600,000.00 in economic losses. The economic losses are in addition to the conscious pain and suffering.

Negligence

A wrongful death case could arise out of a number of incidents. Death could be caused by: medical malpractice; a trucking collision; a plane crash; a pedestrian hit by a vehicle; mesothelioma; or a motorcycle collision.

Insurance

The insurance would depend on the type of case causing death. See negligence above.

No-Fault Claims

These are claims for economic losses arising out of an automobile, truck, bus, motorcycle or other collision with a motorized vehicle. Pursuant to the No-Fault Act, these economic losses can include:
1. Payment of medical bills. It is defined as treatment for the care, recovery or rehabilitation of an injured individual. This is very broad. It includes: hospitalizations, medical testing, physical therapy, medical braces/devices, and visits to a health care provider. Practice tip: No-Fault automobile insurance policies issued prior to July 1, 2020 provided lifetime unlimited medical coverage.
2. Wage Loss. The first three years of wages following a collision if the injured person is disabled from performing their work duties. A physician must determine that the injured person is unable to perform their work duties. Practice tip: Only the first three years of wages following a collision are covered by the No-Fault Act. If an injured person is disabled for the remainder of their life, the excess economic claim can become part of the 3rd party claim against the negligent driver.
3. Household services. An injured person is entitled to up to $20 per day for house cleaning services the injured person performed prior to the collision. Again, a physician usually needs to disable the person from performing the cleaning chores. Practice tip: Only the first three years of household services following a collision are covered by the No-Fault Act.
4. Attendant Care. This is care for an injured person’s personal needs. It is often thought of as things a nurse might perform. It can include assistance for: bathing; getting dressed; taking medications; preparing meals; and other things.
5. Medical mileage. An injured person is entitled to reimbursement for mileage to and from health care visits. A severely injured person may require a transportation service.
6. Prescriptions. An injured person can be reimbursed for medications necessary for treatment or pain relief.

Insurance

Let’s start here since it is the most important. Owners of automobiles are required to carry automobile insurance. The first place to look for No-Fault coverage is through your own automobile insurance carrier. The next place to look is through a policy of insurance maintained by a resident relative.
After this, it gets more complicated. See below:
Pedestrian struck by an automobile.
Motorcycles. They are different than automobiles. Why? Insurance companies generally do not write No-Fault policies for motorcycles.
Passengers in vehicle.
You should consult an attorney to determine, the order of priorities and where to look for No-Fault coverage. The law changed in July of 2020. Some injured people will end up seeking No-Fault benefits through the Assigned Claims fund.

Negligence

This one is easy. Michigan is a No-fault state so you do not have to prove negligence to obtain benefits. For example, a vehicle that slides off the highway and strikes a tree will still allow the injured driver to obtain No-Fault benefits.

Injuries

Any treatment related to the collision can be covered. Remember it is economic losses as described above.

Negligence

When a plane crashes, the National Transportation Safety Board conducts an investigation. The flight recorder is examined. So are the flight logs and transmissions. Usually the NTSB aids in the determination if the airline and/or pilot could have prevented the plane crash.

Injury

Most plane crashes result in death. The jet fuel is highly flammable as well as the speed the plane is traveling often make for tragic results. The estate of the decedent has a claim for conscious pain and suffering. In addition, the dependants of the person that lost their life to the plane crash have a claim for economic losses such as loss of financial support. For example, a 35 year old earning $60,000 per year could have thirty years of lost wages totaling $1,800,000.00 in economic losses in addition to the conscious pain and suffering.

Insurance

Most injury cases involve the recovery of insurance coverage. Insurance is sometimes controlled by the negligent defendant. For example, a negligent truck driver could be employed by a trucking company which may have $1,000,000 policy for an over the road truck. The state minimum for automobile liability insurance in Michigan was $20,000 which increased to $250,000 in liability coverage for a policy renewed after July 1st, 2020.

Negligence

Mesothelioma is cancer caused by exposure to asbestos. The asbestos was so toxic that it continues to cause harm to people including the development of mesothelioma.
The manufacturers of asbestos have established a large settlement fund to compensate those exposed to asbestos.

Injury

Unfortunately, mesothelioma usually results in death.
A claimant must prove where and when they were subject to asbestos exposure. It could be at work, a school, a shipyard or any other place.
Some claimants never worked with asbestos. It is so toxic that a parent that came home with asbestos on their clothes, could have put their clothes in the wash unknowingly exposing their entire household to mesothelioma.

Insurance

As mentioned above, the manufacturers of asbestos have established a large settlement fund to compensate individuals with mesothelioma.

Negligence

In medical malpractice, the negligence is more complicated. The injured person must demonstrate that the medical care and treatment received was beneath the standard of care.
How does an injured person demonstrate that? Through expert testimony which is one doctor testifying against another.
Additionally, there are a myriad of other obstacles to suing doctors: notices of intent, affidavits of merit, shorter statutes of limitation; and expert testimony to name a few.

Injury

The injury must be caused by the breach of the standard of care. The easiest example, a doctor operated on the left leg instead of the right. Usually, the injury is less obvious. Many times, the defendant doctor will contend, the person’s injury was a known complication.
There can also be economic damages. Additional surgeries to repair what the negligent doctor did to the patient. Or if the patient is disabled from their job, there could be economic wage losses.

Insurance

Most doctors carry malpractice insurance. Some have been sued so many times, they “go bare” and do not maintain insurance. Additionally, sometimes the hospital can also be responsible and have an additional policy of insurance.