Legal Question in Personal Injury in Michigan

Re: assualt and battery

The answer to your question is maybe. If it was an intentional act maybe not not. If it was negligence, absolutely yes. While I do not personally practice in the area of personal injury, my partner, Ronald Barron has for over 35 years. He is excellent and a great guy. You can check his bio and our firm at these web addresses. Firm www.brmmlaw.com and his bio at http://www.brmmlaw.com/rbarron.html.

Feel free to call him and pick his brain, he will be available on Tuesday 248-641-7070.

PS he was responsible for having train gates installed at the Chrysler plant on Van Horn Road.

Good Luck.

Re: assualt and battery

Did you press assault charges against that woman? Were the police involved?

I would report it to the homeowners insurance company, but it's likely they won't cover it if they determine it was an intentional act (which it sounds like it was); that's why sometimes attorneys and plaintiffs try to phrase the description of their injury and how it occurred with as many negligence terms as possible (i.e., making it sound more accidental than intentional).

Nevertheless, the homeowners ins. company probably won't cover it, because if there was a police report showing an assault, they'll acquire it.

Certainly, you could just accept the ins. company denying the claim and still "go after" the woman herself--i.e., bypass the insurance company and sue that woman--but if your brother's wife lives in a trailer, it may be indicative of the fact that this woman is not collectible (i.e., doesn't have any money in the first place). BUT: you can still sue her and get a judgment against her that will hang over her head; you can then garnish her wages and even get the sheriff to take some of her personal property away to give to you to satisfy the judgment (revenge is sweet).

Steve Afton

248-745-8555