Auto Accident Law May Be Changed: Know Your Rights

November 30th, 2011

As Michigan car crash lawyers, we encourage all of our clients and friends to educate themselves on Michigan accident law, especially when it comes to car, bus, truck, semi and motorcycle accidents.

If you are seriously injured in a crash or accident, the level of care you receive and how your medical bills will be paid is extremely important.

This article posted today by Michigan Radio takes a look at some of the issues surrounding potential changes to Michigan No Fault Insurance.

As always, feel free to call a Mindell, Malin, Kutinsky firm attorney at any time with any questions or concerns you may have about an injury, car or truck crash, or accident in Michigan.

800-963-5595

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Mindell, Malin, Kutinsky Attorney scores Michigan Court of Appeals victory

September 28th, 2011

Attorney Glenn H. Oliver has worked for many years to protect victim’s rights in the State of Michigan.

When you are seriously injured in a car crash or automobile accident, your attorney fights to make sure you get your day in court.  In the case of Joseph Paletta, who was involved in a terrible motorcycle accident, this is what Mr. Oliver did.

Paletta was involved in an accident in White Lake Township when his motorcycle slid on a patch of loose gravel, which was a hazard created by the negligence of the road commission. The road services contractor improperly scraped the road’s shoulder, causing Paletta’s accident and a very serious injury including broken bones and dislocations, fractured leg, torn rotator cuff and herniated disc and multiple surgeries.

The Road Commission for Oakland County asked Oakland Circuit Court Judge Wendy Potts to dismiss the case, but Potts declined. The Road Commission filed an appeal to the Michigan Court of Appeals and sought to overturn the Judge’s decision. Oliver argued to allow his client to have his day in court, and won.

The case will next be reviewed by the Michigan Supreme Court.

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Brian Kutinsky named Michigan Super Lawyer 2011

September 27th, 2011

Attorney Brian A. Kutinsky was named a 2011 Super Lawyer.

Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research. Rising Stars names the state’s top up-and-coming attorneys.

Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.

Mr. Kutinsky handles all types of Michigan personal injury claims, car accidents, auto crashes, truck accidents, motorcycle incidents and other types of negligence that caused serious injuries.

For more information, contact our firm at 800-963-5595.

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Mindell, Malin, Kutinsky SUPER LAWYERS 2011

September 27th, 2011


Since 2007, Attorney Jeffrey D. Malin has been selected as a Michigan Super Lawyer in the field of personal injury.

Bar associations and courts across the country have recognized the legitimacy of the Super Lawyers selection process. Most recently, the New Jersey Supreme Court upheld the findings of a Special Master assigned by the court to, among other things, examine the details of our process. In his July 2008 report, the Special Master lauded our lawyer-rating process, stating:

“[The Super Lawyers selection process] is a comprehensive, good-faith and detailed attempt to produce a list of lawyers that have attained high peer recognition, meet ethical standards, and have demonstrated some degree of achievement in their field.”

“Suffice to say, the selection procedures employed by [Super Lawyers] are very sophisticated, comprehensive and complex.”

“It is absolutely clear from this record that [Super Lawyers does] not permit a lawyer to buy one’s way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of one’s inclusion in the lists.”

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Trucker Cell Phone Ban Will Keep You Safer

September 15th, 2011

At its meeting yesterday, the National Transportation Safety Board recommended banning all cell phone use while driving for commercial drivers and requiring highways with high commercial traffic have medians that mitigate trucks from crossing the road.

The NTSB recommended not allowing truck and bus drivers to use cell phones, even if hands-free technology is used, except for emergencies.

The agency endorsed the ban during a hearing in Washington after ruling that a truck driver on his phone caused a crash that killed 11 people on a Kentucky interstate in 2010. The board said the ban should include use of hands-free devices.

Investigator David Rayburn said the trucker panicked and hit the brakes but didn’t try to steer his tractor-trailer out of the median. The 38-ton truck drove into the oncoming lanes and smashed head-on into a van carrying a Mennonite family and friends to a wedding in Iowa.

The driver and 10 people in the van were killed in the fiery crash. Two young children in safety seats were the only survivors.

The NTSB was told that truck driver Kenneth Laymon, 45,  had been talking and texting dozens of times in the hours leading up to the early morning crash. He made his last call just moments before causing the horrific accident.

The proposed ban would cover commercial driver’s license holders while they operate vehicles such as tractor-trailers, buses or tanker trucks. The federal Bureau of Labor Statistics estimated in 2008 that there were about 2.8 million commercial truckers.

The NTSB voted to accept its investigators’ conclusion that Laymon, distracted by his phone, caused the deadly wreck.

Federal authorities said the trucker left Lansing, Mich., at about 4 p.m. on March 25, 2010. The wreck happened roughly 13 hours and 437 miles after he left. Autopsy tests on Laymon came back negative for alcohol or drug use.

The trucker had 69 calls and text messages in the 24 hours before the accident and the last call coincided with the time the truck departed the highway.

If you or someone you love has been seriously injured in an accident involving a truck, you should contact our offices. We are experienced car crash attorneys and auto accident attorneys including truck accidents. We offer a free consultation for accident victims, so call our toll-free number today.

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Study: Insurance cap bad idea

September 6th, 2011
We want our clients and our friends to be informed about their rights as citizens.  If you have any concerns, are injured in a car crash or truck or motorcycle accident, call us at 800-963-5595.
From today’s DETROIT NEWS:

Last Updated: September 06. 2011 1:00AM

Study: Insurance cap bad idea

State Senate bill would limit injury benefit in auto policy

Paul Egan/ Detroit News Lansing Bureau

Lansing— Allowing personal injury benefits to be capped under Michigan’s no-fault auto insurance law would have “potentially disastrous economic impacts,” according to a study to be released today.

The Coalition Protecting Auto No-Fault is to release a study prepared by the Anderson Economic Group that examines the potential impact of a bill with bipartisan support before the Michigan Senate.

Sponsored by Sens. Joe Hune, R-Whitmore Lake, and Virgil Smith, D-Detroit, the bill would allow drivers to cap injury and rehabilitation benefits at levels as low as $50,000. Today’s coverage provides for unlimited benefits.

“It’s a major shift in cost to taxpayers, because it shifts the cost to Medicaid,” said John Truscott of Truscott Rossman, which represents the group.

The change also would be bad for nursing homes that provide long-term medical care, Truscott said.

Peter Kuhnmuench, executive director of the Insurance Institute of Michigan, said the bill allowing for caps and a companion bill that would subject medical services to a fee schedule would allow for reduced premiums.

“Their concern is its impact on the health care delivery system, because it’s going to put some cost constraints in the system,” Kuhnmuench said.

He said only 6 percent of claims involve personal injury benefits greater than $50,000, and an even smaller percentage would involve Medicaid because many of those claimants would have other insurance that could be used once the cap was reached. Still, the institute would support a cap somewhat higher than $50,000 if that’s what lawmakers want, he said.

Gov. Rick Snyder recently said any repeal of Michigan’s motorcycle helmet law should be considered in combination with other possible tweaks to the no-fault system.

The governor’s spokeswoman, Sara Wurfel, could not say Friday whether Snyder supports the proposed benefits cap.

pegan@detnews.com

(517) 371-3660

From The Detroit News: http://detnews.com/article/20110906/BIZ/109060319/Study–Insurance-cap-bad-idea#ixzz1XCpkZ7sm

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Should Michigan Eliminate Mandatory No-fault Auto Coverage??

August 31st, 2011

Michigan Radio ran a story this week about an issue that is important to all Michigan citizens.

The Michigan legislature is considering bills to end the state’s mandatory no-fault auto insurance.

While its supporters say it will give consumers more choices and help reduce cost of auto insurance, opponents argue it’s a misguided effort that will have very little effect on insurance rates and could mean people who suffer injuries won’t get the help they need to fully recover.

We believe that all Michiganders should educate themselves and be informed on this issue, and they could significantly impact YOU and your family.

Read or listen to the story HERE and let us know what you think.

Visit us on Facebook and “like” our page to keep informed.

https://www.facebook.com/MichiganCarCrashAttorneys

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How do I know if I have a case?

August 16th, 2011

“Do I have a case?”

This is one of the most commonly asked questions by our clients.

The answer is not simple. First, our car crash attorneys carefully examine how an auto accident injury alters your lifestyle and ability to carry out the same life that they had before the accident. Our Michigan auto accident lawyers look at the effect on such things as employment; hobbies; family life; social life; recreational life; personal life; and home life. Over time, we can make a professional evaluation of how your auto accident has impacted your lifestyle.

As a client, one of the most important thing that you can do is keep track of all your medical appointments, and their effect on your daily condition. Our car accident injury attorneys will provide you with a memo book which you can use to describe the effects of the auto accident.

Our personal injury lawyers are aware that the full effect of an auto accident injury cannot always be recognized immediately. As a result, it often takes some time before a doctor can give a final diagnosis and prognosis, and there is often a delayed reaction to one’s lifestyle following a serious auto accident.

Call our offices today, for a free evaluation of your case.


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Hot Coffee, a documentary

June 28th, 2011

tort reform - justice for victims

Car accident victim.  Hurt in a slip/trip and fall.  Injured by an uninsured motorist.  In Michigan, accident victims are regularly deprived of their Constitutional rights.  It is not fair and it is not just. You need a good car crash lawyer in Michigan to help you through this difficult time.

The McDonalds coffee case is one of the most famous instances of a personal injury lawsuit. People think they know what happened, but most don’t know the true story. They think it’s about frivolous lawsuits and our litigious society, but it’s not. Once people understand the extent of the injuries innocent victims suffer they start to think about things very differently.

the movie will be airing on HBO starting this week.

From the movie’s website:

Seinfeld mocked it. Letterman ranked it in his top ten list. And more than fifteen years later, its infamy continues. Everyone knows the McDonald’s coffee case. It has been routinely cited as an example of how citizens have taken advantage of America’s legal system, but is that a fair rendition of the facts?

The new documentary Hot Coffee reveals what really happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s, while exploring how and why the case garnered so much media attention, who funded the effort and to what end. After seeing this film, you will decide who really profited from spilling hot coffee.

check out the movie’s website here:  http://hotcoffeethemovie.com/

Filmmaker Susan Saladoff tells HBO why she decided to make a movie about an injured victim.

“I practiced law for 25 years and knew that most people had a completely distorted view of our civil justice system. People are voting against their own self-interest or signing contracts without knowing what’s in them, and I wanted to make sure they knew what they were doing.”

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Your Rights as an Injured Car Crash Victim under Michigan Law

June 8th, 2011

When you are involved in a car accident, you often need representation of a car crash lawyer in Michigan. Our office will work with you to make sure your case is aggressively handled and presented.

At the Mindell firm, your Michigan accident lawyer handles your case on an individual basis. Since the law continues to change and affect the rights of innocent victims you need a personal injury lawyer in Michigan to work with you and evaluate your situation.

You are also entitled to receive valuable No-Fault benefits whether or not you have a personal injury claim, with which our car crash attorneys will be able to advise and assist you.

The Michigan No-Fault Law, as it was originally passed, required that car accident victims prove that the car crash caused an injury which resulted in either a serious impairment of body function or a permanent, serious disfigurement.

The law however, did not define those terms and a jury determined if an injury was serious enough to entitle the victim to be compensated and if so, the amount.

More than ten years ago, the Republican-led State legislature changed Michigan law to take away your rights to a jury trial. A judge now decides whether your injury is serious or not, instead of a jury of your peers. We think this situation is unfair to accident victims. To make sure your rights are protected, contact the car accident lawyers at the Mindell law firm.

Our office of car accident lawyers in Michigan has in the past fought against these unfair changes and will continue fighting into the future. When you are thinking of lawyers in Michigan, call the Mindell law firm for a free consultation.

1-800-963-5595.

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