Detroit Personal Injury Lawyer - lawsuit

Underinsured Motorist Insurance Advice

Daniel Buckfire — Sat, 13 Dec 2008 16:36:00 GMT

As a lawyer whose firm represents clients injured in motorcycle accidents, my clients and other individuals often ask me about types of insurance they should buy for their motorcycles. I am always happy to review someone’s insurance policy and give them my recommendation.

Underinsured motorist (UIM) coverage is one of the most important, but least understood, parts of any insurance package. UIM insurance is similar to uninsured motorist insurance in that both types of policies fills in gaps left open by the failure of another person to fully insure their own negligence.

Underinsured motorist insurance is used when a motorcyclist is involved in an accident with an insured vehicle, but the insurance coverage is minimal or insufficient to fully compensate the injured motorcyclist for injuries sustained in the accident. As with uninsured motorist coverage, the injured motorcyclist files a claim with his or her own insurance company to make up for the other driver’s shortfall.

For example, in Michigan, many drivers only have $20,000 minimum in insurance coverage, which is the minimum amount required by law. Suppose a motorcyclist was involved in an accident with someone who has only $20,000 in coverage and that unfortunately, the motorcyclist’s medical bills alone cost over $45,000 and the motorcyclist had to miss work for 6 months while undergoing rehabilitation and physical therapy. Without UIM coverage, that motorcyclist could only receive up to $20,000 in compensation for his or her injuries and would have to bear the additional cost of the injuries without any help. But if the motorcyclist had purchased a UIM policy for $500,000, then he or she could claim the difference between their UIM policy’s limit and the amount that was covered by the other driver’s insurance. In this example, that would be up to an extra $480,000.

Underinsured motorist coverage is very inexpensive and, as this example shows, is an extremely important part of an insurance package. I always recommend that people purchase a very large amount of UIM insurance since some policies offer $500,000 of coverage for around $80 per year and since there are so many drivers with only the bare minimum level of insurance. If your insurance company does not offer Underinsured Motorists coverage, I strongly suggest that you change to a company that offers UIM insurance. This is often the difference between a fair settlement or a minimal settlement.

Every biker in Michigan should request and read our FREE Michigan Motorcycle Insurance Report before getting on his or her bike. It is important to buy the proper insurance coverage before you get into an accident. Once you are in accident, you are stuck with what you were sold, even if you thought you were getting the best coverage at the time.

Originally posted at InjuryBoard by Daniel Buckfire

Uninsured Motorist Insurance Advice

Daniel Buckfire — Fri, 12 Dec 2008 16:30:00 GMT

My friends and my clients often ask me about types of insurance they should buy for their motorcycles. I am always happy to review someone’s insurance policy and give them my recommendation.

Many people do not have uninsured motorist (UM) coverage because it is not required by law and is deemed “optional.” This is very unfortunate because uninsured motorist insurance is extremely important and necessary to fill gaps left by the legally required insurance. To see why, think about what happens when you are involved in an accident.

When a motorcyclist is involved in an accident with a car, the motorcyclist would submit a claim to his insurance company for medical expenses, lost wages, household replacement services, and other benefits. In an accident in which the motorcyclist is severely injured, the biker would want to sue for additional damages. For example, let’s say his insurance company will pay lost wages for the first three years after an accident, but that the accident was so bad that the biker is permanently disabled and cannot work. He would want to sue the driver for his lost wages for the rest of his life after those three years. Normally, the driver’s insurance company would defend this lawsuit and pay for the settlement or judgment, but what happens if the driver does not have insurance?

This is where UM insurance comes in. If a motorcyclist is involved in an accident with an uninsured motorist, then the motorcyclist can file a UM claim with his or her own insurance company to collect the damages not covered under a regular policy and they may be able to collect an amount up to the limit of the UM policy they purchased.

Because of this, I always recommend bikers purchase the maximum UM coverage available. UM coverage is some of the cheapest kind of insurance available, but it is one of the most important policies you can buy.

Originally posted at InjuryBoard by Daniel Buckfire

Medical Payment Insurance Advice | Michigan Motorcycle Lawyers

Daniel Buckfire — Thu, 11 Dec 2008 16:28:00 GMT

My friends and my clients often ask me about types of insurance they should buy for their motorcycles. I am always happy to review someone’s insurance policy and give them my recommendation.

One question I am frequently asked is whether a biker should purchase Medical Payment insurance. This type of insurance is commonly known as MED PAY. MED PAY pays for medical expenses if you are involved in many types of accidents, including the following:

An accident with another motorcycle
An accident with no other vehicle, also called a single-bike accident
An accident caused by a road defect

It is important to note that MED PAY does not pay for medical expenses incurred in an accident between a motorcycle and another motor vehicle like a car or truck. But, in this type of accident, both the driver and the motorcyclist would be able to collect No Fault insurance benefits, which would pay all their medical expenses.

MED PAY insurance policies can usually be bought in increments of $5,000.00, up to $25,000.00 in coverage. I recommend bikers purchase as much of this insurance as they can afford to pay. The reason I make this recommendation is because of how the insurance normally works.

Typically, MED PAY coverage is the primary insurance for a motorcycle accident, meaning it will pay benefits before your regular health insurance starts to pay. It pays up to the MED PAY policy limit and then your regular health insurance kicks in.

Since most people have health insurance through their employer, a sudden layoff or downsizing could leave you with little or even no insurance to cover the cost of your medical bills if you are involved in an accident. If you do not have insurance coverage, you will be personally responsible for paying all of your medical bills. However, MED PAY policies are relatively inexpensive compared to the cost of healthcare.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Motorcycle Insurance Advice | PLPD

Daniel Buckfire — Wed, 10 Dec 2008 16:26:00 GMT

People often ask me about the types of insurance someone who is considering buying a motorcycle should buy. I also frequently review insurance policies for my friends, and my clients, and I advise them about their insurance coverage. I am always happy to review someone’s insurance policy and give them my recommendation.

The most important thing to know about motorcycle insurance is that it is different from the insurance for your car. Car insurance is called No Fault insurance, and it is governed by the Michigan No Fault Law. The No Fault Law sets rules and limits on insurance for “motor vehicles” but that law’s definition of the term “motor vehicle” does not include motorcycles. A lot of bikers do not realize this and think because they have No Fault insurance, they are fully covered if they get into an accident. Too often, they only find out about their lack of coverage after they have been injured in an accident.

To register your motorcycle, you will need to provide proof of insurance for at least $20,000/$40,000 public liability and $10,000 property damage coverage (PLPD). Having PLPD means your insurance company will defend you for any claims for personal injury or property damage caused by your negligence. Your insurance company will defend you against these claims and will pay any settlements or judgments against the policy.

These amounts are the minimum amounts required by law. Failing to have these minimums can mean significantly more than risking a ticket if you are pulled over by the police. Failing to have PLPD means your insurance company will not defend claims made against you for your negligence and will mean you cannot collect benefits if you are the victim of someone else’s negligence. That means you will be on your own to pay for costly medical bills and lost wages. These expenses have forced many uninsured bikers into personal bankruptcy.

Whenever people ask me about PLPD, I always encourage them to make sure to insure their motorcycles. I also always recommend that they purchase a policy that adequately protects their assets. For almost everyone, this means purchasing a policy for higher than the minimum amounts required by law. Most people should purchase $100,000/$300,000 coverage since the cost of purchasing the additional coverage is relatively inexpensive as compared to the cost of purchasing the required $20,000/$40,000 policy. With a policy like that, you can sure you will be fairly compensated for your injuries and not left facing significant medical expenses for your treatment.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Motorcycle Insurance Questions

Daniel Buckfire — Tue, 09 Dec 2008 16:23:48 GMT

For Michigan motorcyclists, being involved in a motorcycle accident is a very serious challenge. The number of motorcycle accidents in Michigan has been rising in recent years, and the laws governing motorcycles are complicated. After being treated for any injuries and making a police report, the most important things an injured biker or family member can do is begin submitting claims to the insurance company and deciding whether to pursue a lawsuit. It is important to do these things quickly since insurance companies have filing deadlines after which they can deny benefits and since lawsuits must be filed by the state’s statute of limitations.

My law firms represents people who have been injured in motorcycle accidents, and I often meet people who are unsure of whether a lawyer can help them. Here are answers to some common questions

Can I file a lawsuit against an errant and negligent driver if I get involved in a motorcycle crash, and my vehicle is not insured, though I own it? – Michigan law permits you to file a lawsuit against this negligent driver. Many people think they cannot because under the Michigan No Fault Act, the driver of an uninsured car cannot sue a negligent driver. Michigan law treats motorcyclists differently from car drivers in this respect. So, even if your bike was not insured, you could still file a lawsuit.
I have often heard about the term Uninsured Motorist Coverage. What does it mean? – When the accident is caused by a driver who does not have insurance or by a hit and run driver, whose identity is unknown and there is no information available regarding his insurance coverage, Michigan law allows you to recover cost of damages from your own insurance policy if you have uninsured motorist coverage. This means that it makes sense to carry uninsured coverage, to receive protection from your insurance policy, in case you get involved in situations like these. Check back later this week for more about Uninsured Motorist Coverage.
What is the difference between uninsured motorist coverage and underinsured motorist coverage? – Both types of insurance are very important to add to your policy. Uninsured motorist coverage covers you when the negligent driver has no insurance or when his or her identify is unknown. Underinsured motorist coverage fills in the difference between the costs of your injuries and the maximum amount covered by the negligent driver’s insurance policy when he or she does in fact have insurance. Check back later this week for more about Underinsured Motorist Coverage.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Medical Malpractice Lawyers | Infectious Diseases

Daniel Buckfire — Fri, 31 Oct 2008 16:58:00 GMT

Medical malpractice can be caused by a failure to diagnose an infectious disease. Doctors and other medical providers have unprecedented ability to recognize and treat the overwhelming majority of infectious diseases. In many cases, treatment of an infectious disease is effective in limiting the duration and severity of an illness, with the result that the patient eventually gets better. However, when an infectious disease is not diagnosed, the infection festers, which can lead to prolonged illness and in some cases even death.

Newborn babies are especially vulnerable to infection because they have not yet built up immunities to many infectious diseases. This is especially true during childbirth when an infection can easily be passed from the mother to the baby. Modern medicine has given us the knowledge and ability to check the mother for infections and to treat her infectious disease prior to childbirth. Failure to check and treat an infectious disease in these circumstances is often a clear-cut example of medical malpractice.

Other examples of frequent medical malpractice include failing to monitor for infectious diseases following surgery and failing to prescribe or administer the correct antibiotics when an infectious disease is diagnosed.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Medical Malpractice Lawyers | Failure to Diagnose Cancer

Daniel Buckfire — Thu, 30 Oct 2008 16:52:00 GMT

Many forms of cancer are extremely treatable and we have been told thousands of times that “early detection is the key” to catching cancer while treatment remains likely to spare the patient a prolonged and energy-sapping battle. Too often, however, doctors commit medical malpractice by failing to recognize signs that cancer is present and needs to be treated.

To be clear, you do not have a medical malpractice lawsuit just because someone has fought with cancer. But when warning signs are present and a doctor negligently fails to diagnose cancer, the law gives that person certain rights. They are entitled to compensation for what they have to suffer through as a result of the medical malpractice.

Common examples of medical malpractice relating to failure to diagnose cancer include:

Failing to perform simple and routine tests, such as a prostate exam, during a scheduled appointment;
Failing to properly document the results of a test, such as failing to document changes indicative of breast cancer following a mammogram;
Ordering a test for something that could be cancerous, but failing to send the sample to the lab, or failing to follow up with the lab to make sure the test results are sent back.

Originally posted at InjuryBoard by Daniel Buckfire

Breast Cancer Malpractice Statistics | Michigan Medical Malpractice Lawyers

Daniel Buckfire — Wed, 29 Oct 2008 16:47:00 GMT

Breast cancer is an increasingly common problem that affects hundreds of thousands of women and their families each year. In 2004, for example, over 186,000 women were diagnosed with breast cancer. Of these, 40,954 women died from breast cancer.

More than one in ten women in the U.S. will be diagnosed with breast cancer at some point in their lives. Yet despite the great familiarity doctors must have with the increasingly common disease, misdiagnosis or mistreatment of breast cancer is the cause of more medical malpractice claims than any other disease.

Breast cancer responds well to early detection and early treatment. Unfortunately, too often doctors and other medical professionals fail to order tests, misdiagnose, and fail to treat breast cancer. Such errors can give rise to successful medical malpractice claims. Common errors include:

Failure to identify an obvious lump during a breast exam
Failure to perform a breast exam while treating a patient for other reasons
Failure to arrange a mammogram, x-ray, CT scan, MRI, etc
Failure to classify a tumor as malignant
Failure to evaluate properly test results when tests are performed
Failure to notify patient of test results
Failure to order future tests
Failure to recognize common symptoms

Originally posted at InjuryBoard by Daniel Buckfire

Esophageal Cancer Malpractice | Michigan Medical Malpractice Lawyers

Daniel Buckfire — Tue, 28 Oct 2008 16:36:00 GMT

Esohageal cancer develops in the esophagus, which is the tube that connects the throat with the stomach. It is often slow to grow and symptoms may not present themselves until relatively late stages. The National Cancer Institute predicts that over 15,500 new cases of esophageal cancer in the U.S. alone during 2008. Deaths from esophageal cancer are projected to exceed 14,500.

Esophageal cancer remains rare, but as the cancer with the highest rate of increase in the U.S., doctors are increasingly familiar with it. As a consequence, misdiagnosis or mistreatment of esophageal cancer is a growing cause of medical malpractice claims.

Esophageal cancer may respond well to early detection and treatment, but unfortunately, too often doctors and other medical professionals fail to order tests, misdiagnose, and fail to treat esophageal cancer. Such errors can give rise to successful medical malpractice claims.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Stroke Treatment Malpractice Lawyers | Michigan Medical Malpractice Lawyers

Daniel Buckfire — Sat, 25 Oct 2008 15:53:00 GMT

A stroke occurs when a blood clot blocks an artery or a blood vessel breaks and the flow of blood to the brain is interrupted. Lack of oxygen from your blood causes brain damage as brain cells die. This can cause symptoms as light as weakness in an arm or leg or as severe as paralysis, mental disability, and even death. Although some people can recover from strokes, the fact is the overwhelming majority either will die or will be left with some form of disability. Strokes are the third leading cause of death in American and are the number one cause of adult disability.

Although strokes are very dangerous, a large number of people do in fact survive their stroke. Once a stroke has occurred and the patient’s condition has stabilized to the point where survival has been assured, the medical focus should shift to treating a stroke. Unfortunately, due to negligence, stroke victims often fail to receive the treatment they should. This can lead to more severe and prolonged disability, aggravated conditions, and failure to recover as fully as the patient would have if he or she had received proper medical care. This negligence can be medical malpractice.

Treatment for strokes typically includes one or more of the following:

Rehabilitation unit in the hospital for early treatment following a stroke
Subacute treatment unit
Rehabilitation hospital
Home therapy
Outpatient therapy
Long-term care facility that can provide onsite treatment or nursing care

Originally posted at InjuryBoard by Daniel Buckfire