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In Michigan, understanding the legal framework surrounding personal injury cases is crucial for protecting your rights and seeking compensation after an accident. One specific law that significantly impacts personal injury claims is Michigan’s No-Fault Insurance Law. This article provides an in-depth overview of this law, and its implications for personal injury cases, and highlights how a personal injury lawyer can help navigate this complex legal landscape.

Understanding Michigan’s No-Fault Insurance Law:

Michigan’s No-Fault Insurance Law requires all vehicle owners to carry no-fault insurance, which provides coverage for certain economic losses regardless of who is at fault in an accident. This law aims to ensure that accident victims receive prompt medical treatment and financial support.

Michigan’s car accident laws have a significant impact on the rights and compensation available to accident victims. One of the key statutes that govern car accident cases in the state is Michigan’s No-Fault Car Insurance Law. Understanding this law is crucial for anyone involved in a car accident in Michigan.

Understanding Michigan’s No-Fault Car Insurance Law

Michigan’s No-Fault Car Insurance Law, also known as the Michigan No-Fault Act, is found in the Michigan Compiled Laws under MCL 500.3101 et seq. This law requires all drivers to carry no-fault insurance coverage, which provides certain benefits regardless of who was at fault for the accident.

lady-justice-statue-wallpapers-1024x768-1-300x225About one in three working age adults has a criminal record—about the same number of Americans that have a four-year college degree. Employers put great emphasis on both factors, and the absence of one or existence of the other can severely impede the ability to find gainful employment. Michigan has just passed a package of bills called “Clean Slate.” Under Clean Slate, a vast number of convictions will be removed from the public registry.

For decades, being ‘tough on crime’ was synonymous with good governance. When someone was convicted of a crime, a permanent record was made of the event that would follow that individual for the rest of their life. The underlying reasoning, aside from punishing the offender, was to help employers avoid hiring someone that could threaten their business.

While change is slow, DUI/drug courts, mental health intervention, and other pretrial interventions are being implemented across Michigan. Studies show that such programs are more effective at reducing recidivism that incarceration. Moreover, they cost less than placing people in jail. The other side of the equation is to place the diverted individuals into good jobs that pay a livable wage.

melons-65652_1920-300x225On October 6, 2020, Meijer announced a recall of whole cantaloupe and cut cantaloupe fruit trays and bowls sold between September 26, 3030, and October 5, 2020. The recall was necessary because Michigan inspectors detected salmonella, a type of bacteria that can cause serious and sometimes fatal infections, in the produce. The recall affects Meijer stores in Michigan, Ohio, Indiana, Illinois, Kentucky and Wisconsin according to the company’s press release. Neumann Law Group is aware that at least one potential instance of illness is being investigated; however, there could be many more potential injuries

Salmonella is one of the most common food borne illnesses in the United States. The infection is very serious—approximately 22% of cases require hospitalization. Salmonella is responsible for about 30% of all food borne illness related deaths each year.

Anyone who contracts food borne illness from consuming the recalled cantaloupe may have a legal claim and be entitled to financial compensation. There are several legal standards imposed on grocery stores to ensure consumer safety. Grocery stores are strictly liable when they sell produce that causes harm (Product Liability). Moreover, they have a duty to use reasonable care to ensure the safety of the food they are selling (Negligence). Finally, the law implies a promise that the food they sell is fit for consumption (Warranty).

0001-232x300On May 3, 2020, Harbor Freight Tools, a discount tool and equipment retailer headquartered in Calabasas, California, issued a recall of over 1.2 million jack stands. Jack stands are a device placed under a vehicle—or other large piece of equipment— to keep it in an elevated position after it is lifted using a jack. The recall warned that the ‘pawl,’ a circular saw blade shaped piece of metal that is part of the assembly which ratchets the jack into place, was flawed, causing inconsistency in the engagement of the ratchet teeth. The ratchet teeth could disengage, dropping the load to the ground. This potential is an obvious and serious danger to anyone working under or around the vehicle. The recall affected the ‘Pittsburgh Automotive 3 Ton Heavy Duty Steel Jack Stands’, sold throughout Harbor Freight Tools’ 1,000 retail stores as well as its robust mail-order and e-commerce business.

After the initial recall, Harbor Freight Tools began to systematically test all of its jack stand products, as all of the Pittsburg Automotive jack stand product had been manufactured by the same company, Jiaxing Golden Roc Tools Co., Ltd. Seven days later, the company issued an additional recall of 454,000 Pittsburgh Automotive 6 Ton Heavy Duty Steel Jack Stands, for the same reason. Harbor Freight Tools laid blame at the feet of the manufacturer, alleging that aging of production tooling was the cause of the flaw. To minimize the damage to the retailer’s brand image, the company sent replacement jacks customers that purchased the defective product.

Astoundingly, on July 7, 2020, Harbor Freight Tools had to issue a third recall, this time because it “identified a welding defect” in the jack stands sent to replace the previously recalled product. ” Although the company recalled all 454,000 replacement jack stands, it claimed the defect was only present in a “small number” of the units. Harbor Freight Tool’s CEO and founder, Eric Schmidt, said the company was “disappointed and embarrassed’ about the entire situation.

Cottage-225x300Northern Michigan has been a beloved vacationing destination for many years. Families develop annual traditions, with each generation introducing the next to the beautiful countryside and artistic spirit found throughout the region. Frequently, a member or several members of the family decide to purchase a cottage, preserving the summer tradition for all the generations to come.

The family cottage has invaluable sentimental value; however, oftentimes it appreciates in financial value over the years. Over the last 40 years, the greater Grand Traverse region has become a premier national vacation destination. The local real estate market has seen near constant appreciation, which has accelerated to sometime outrageous rates since the housing bubble collapsed in 2008. It is not uncommon for a modest cabin, purchased or built in the 1960s, to now be worth in high six, or even seven figures, if it has a significant amount of frontage on the right lake. Finally, the vacation rental industry has exploded into a major economic factor. The family cottage may not only be an appreciable asset, it can become a significant source of revenue, if the owners so desire.

The significant value associated with a family cottage can become problematic after its ownership has been distributed amongst a number of family members after the death of the first generation. Subsequent generations may have less attachment to the Cottage. In some cases, new owners may financial constraints on how much they can contribute to the maintenance of the property. Other owners may see the property as an investment, rather than a vacation destination.

Trust-300x225The trust. For many people, trusts are an intimidating legal construct they don’t want to be bothered with, perhaps feeling as though it is a needless complication created by lawyers to make money. Although having a trust may not be appropriate for some families, it can be a stable platform with which to address a number of problems outside of a courtroom, ultimately saving money and heartache. Consequently, it has become central to most. Below, I touch on several common trusts, but please note, these descriptions are far from exhaustive on the subject.

But first, what is a trust? Well, imagine that the concept of ownership isn’t one right, it is a bundle of rights. If I own a piece of real estate, I have the right to sell it, to develop it, to live on it. These rights can be split from one another. For instance, I can rent the property to someone, so I no longer have the right to live on the property, but I still own it. I can transfer my right to sell the property by selling someone an exclusive option to purchase it, but still maintain possession of the property. This concept of fractured ownership rights is important to a trust.

The trust itself can be viewed as a separate, individual person. It can open a bank account, purchase land, invest in the stock market, etc. But of course, someone must direct it to do so. This person is the trustee. The trustee has the authority to direct the trust and to act on its behalf, which is the “ownership interest.” However, unless the trustee is also a beneficiary, he or she cannot use any of the trust assets for his or her personal benefit.

Child-199x300Every parent wants to provide the very best they can for their children, directly or indirectly dedicating most of their waking hours towards building a safe and happy home life, and part of the beautiful innocence of little children is their complete ignorance of their parents’ hard work and sacrifice dedicated to providing a home. The child feels safe because of the mother’s and father’s mere presence.

Sadly, we live in a world of not only childish innocence, but one of tragedy and loss. Although a parent would gladly trade places with his or her child in the event of disease or physical trauma, we are never given that choice. Yet sometimes, children do have their parents torn from them at a young age. Losing a parent at a young age is one of the most devastating life events a human can experience. Not only is there a terrible sense of loss, the child’s future is suddenly uncertain. Who will raise the child? How will they pay for the child’s needs? Will there be a family fight to determine both?

Under Michigan law, a minor that loses his or her parents will either be placed with friends or family, or in the absence of a willing caregiver, be placed into the foster care system. As parents, we do not want our bereaved children to go through any unnecessary distress or uncertainty. Consequently, it’s a parent’s responsibility to have an estate plan that nominates the children’s caretakers in the event of their death. To learn more about estate planning, you will find an article discussing the basics here.

road-man-broken-car-6078-300x200Buying a car is typically a stressful, yet exciting experience for most people. That sense of excitement can quickly turn to frustration when the vehicle purchased begins having mechanical trouble. Frustration can devolve into anger when the dealer repeatedly makes ineffective repairs, sometimes delaying action or denying responsibility all together.

Each state and the federal government have enacted “lemon laws” to provide redress where a purchaser is saddled with a vehicle that doesn’t meet quality and performance standards. Unfortunately, not all situations are covered by a lemon law; moreover, every state’s, as well as the federal, version of the law is different.

Generally, lemon laws protect purchasers of new motor vehicles from defects or conditions that substantially impair the value of the vehicle and where the manufacturer has failed to resolve the problem after been given a reasonable opportunity to perform repairs. However, various jurisdictions define “new motor vehicles,” “substantial impairment,” and “reasonable opportunity to repair” in a number of ways. There are also a number of variations in the scope and breadth of relief available.

hospital bed

Photo Credit: Stokkete / Shutterstock.com

A catheter is a medical device, essentially a tube, used in a wide range of medical procedures.

Certain catheters are designed to access veins and arteries. Vascular catheterization allows a physician to perform certain diagnostics that are otherwise impossible, such as sampling blood directly from the heart; measuring blood flow in the heart’s chambers; or evaluating blockages or abnormalities in the blood vessels outside the heart, such as the arms and legs.

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