Legal Question in Personal Injury in Michigan
auto accident
my wife and I were stopped in a construction zone on one of the interstates in michigan. as we were waiting in our suv, another suv failed to stop and rear ended us. my suv was totaled. the other driver was ticketed for the mishap. my wife sustained injuries and was transported to a local hospital. a cat scan revealed she may have suffered a bruse on the brain. as a result of the accident she received a black eye, brusing, back ache, etc. and is experiencing frequent headaches, and dizzyness. She is scheduled for another cat scan in the future. I'm experiencing lower back pain, emotional problems such as anxiety, depression, and am having trouble sleeping. I've scheduled an appointment with my doctor for a follow up visit. What kind of legal case do I have?
2 Answers from Attorneys
Re: auto accident
With regard to the other driver, you may have a claim against that party IF you have what is called a "threshold injury." Threshold injuries are those which the injured suffer a serious impairment of a bodily function, or a serious disfigurement.
From the description you provide of your injuries, your wife may have a claim as it sounds as if she may have a serious impairement. Your injuries sound less so. Either way, its hard to say from the description you give. Unfortunately, the climant here in Michigan is more and more hostile to injury claims.
Nevertheless, I would be please to conference with you to discuss this further. You would have to file a lawsuit here in Michigan, in the county in which the accident occured.
734-433-0816
Don Darnell
Re: auto accident
As of last year, you would have had a tremendous case against the other driver. However, the Michigan Supreme Court, in their quest to favor the insurance industry,has made it more difficult to successfully sue the other driver. It now requires that the injuries have had a substantial impact upon the quality of your life. The courts look to the inability to work as well as the inability to participate in important activites that you formerly were involved in. Permanency of the injuries, while not required, is important in establishing the seriousness of the injury. If you are in the Wayne, Oakland or Macomb county area, please call me at 248-353-9400. I have been practicing for 29 years, have achieved the highest rating by the Martindale-Hubbell attorney rating organization and am a Sustaining Member of the Michigan Trial Lawyers Association. I believe that I can marshall your facts to give you the greatest potential for a successful recovery. William S. Stern 248-353-9400
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