Legal Question in Personal Injury in Michigan

auto accident injury

I was in a vehicle accident,not my fault and have a hand injury being treated now for over a year.Do I have to be released from my Doctor before I can--name removed--to see if the injury heals or not, to collect anything?This injury will be ongoing for 2 yrs. as of this May 2003.I have had therapy,surgery,therapy and almost 2 yrs. of pain and suffering.Does the law state I have to have a perminent injury to collect?


Asked on 1/21/03, 10:24 am

5 Answers from Attorneys

John C. Talpos Talpos & Arnold

Re: auto accident injury

Hello, I have received a copy of your posting regarding the injury to your hand. Michigan law requires that you sustain a "serious impairment of body function." It sounds to me as if you have such an injury. You need to consult an attorney about protecting your interests. Michigan has a 3 year statute of limitations in most injury cases. That means you need to file suit within that time or forego it completely. Feel free to call our offices to discuss your options. Personal injury matters are one of our areas of concentration. John C. Talpos (248) 743-6800 (http://www.Mich-Lawyer.com)

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Answered on 1/21/03, 11:48 pm
Mathew Schwartz LegalGenius.com

Re: auto accident injury

Michigan law doesn't require a permanent injury, rather, a serious impairment. Depending on the diagnosis of the hand injury, you may meet the serious impairment threshold. You must have an objective diagnosis and the injury must result in a material change in your life. Two years of physical therapy may be enough of an impediment in your life to be considered a "change."

We are interested in discussing this case with you in more detail. You may contact our office toll free at (800) 209-4000 at your convenience.

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Answered on 1/21/03, 10:35 am
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: auto accident injury

You don't need a perm injury, just a serious impairment of a body function (i.e. life changing injury). Please contact my office and we can set up a free initial consultation for you come in and discuss your matter further. (248) 737-7000 or toll free (866) MICHDUI.

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Answered on 1/21/03, 11:23 am
Don Darnell Darnell & Lulgjuraj, P.C.

Re: auto accident injury

Michigan law requires that you have a serious impairment of a bodily function - which an injury such as you describe may well be. You may contact me directly to discuss this in more detail.

Don Darnell

734/544-7676

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Answered on 1/21/03, 12:29 pm
Andrew Prine Andrew W. Prine, P.C.

Re: auto accident injury

As the first three replies indicate, a permanent injury is not required, but the injury must qualify as a "serious impairment of body function" or "permanent, serious disfigurement" as defined by the no-fault act to sucessfully sue the other driver.

There is no requirement that you complete treatment in order to bring a claim or a lawsuit.

Finally, people who have been in auto accidents often do not receive the full benefits that they are entitled to from their own insurance company, and you should investigate this with any attorney you speak with.

I would be interested in speaking with you, and regularly practice in Northern Michigan from my office in Saginaw, and do not charge mileage as a client cost in contingency fee cases. If you would like to speak with a lawyer a little closer to home, please check out my web site at www.prine.biz, and then contact me at our toll free number, 888-221-0844, and ask for Andy or my legal assistant, Chris.

I look forward to hearing from you.

Andy Prine

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Answered on 1/21/03, 6:41 pm


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