Personal Injury Matters: Employee Accidents Can Leave Employers Liable

Friday, February 12, 2010

Throughout the career of a hard-working Michigan personal injury lawyer, it is likely to see claims of accidents caused by drivers who are not paying the utmost attention to the road. However, the situation becomes increasingly complicated when the car that caused the accident was a company vehicle–then, not only is the driver at fault, but so is the driver’s employer.

In recent years, personal injury claimants, as well as their personal injury attorney, have been pursuing lawsuits against both the driver of the company car, as well as the employer. In 1999, a motorcyclist was killed by an attorney who was on his company cell phone discussing sensitive legal matters with another lawyer. Because the attorney driving the car was using company resources, the firm paid the $500,000 wrongful death lawsuit settlement. A more recent example occurred in 2007, when an International Paper employee rear-ended a woman resulting in the loss of her arm. As the driver who hit her was in a company car using his business cell phone at the time of the car accident, International Paper was responsible for the multi-million dollar payout

As seen by the few examples above, employers are often held liable for personal injury caused to another due to their employee’s negligence while on company business. However, this could also hold true if the employee who caused the car accident was in a company car or in a personal vehicle. The real test for the court is whether the driver was engaged in “distracting” company business matters when the accident occurred. Additionally, if the company encourages or expects this type of business activity while in the car, then it could increase the likelihood that the organization will be held liable.

Basic agency law maintains that an employer is responsible for the torts that are caused by its employees if the worker was acting within the scope of his or her employment at the time. Additionally, many personal injury attorneys successfully argue that the employer is directly responsible for the negligent activities of their employer because they failed to implement proper practices or training techniques to prohibit this dangerous behavior.

The Law Offices of Bredell and Bredell encourages all drivers to pay attention to the road while driving, and to not use cell phones. Distracted driving can cause car accidents resulting in severe personal injury or death. Devastating injuries such as these can be life changing and have irreverseable consequences. For the best legal advice and legal representation, it is important to contact Bredell and Bredell,  experienced Michigan personal injury attorneys.

Filed under: Auto, Truck, and Motorcycle Accidents, For Your Information, Insurance Matters, Safety Matters and Tips—Tags: , , , , , , , — Comments (0)

Tick Tock – The Time You Have to File A Claim is Running Out

Monday, January 4, 2010

When a personal injury accident occurs, many choose to file a claim in order to receive compensation for their losses–whatever those losses may be. However, there is a time limit as to how long the injured party has to file a claim. This is called the statute of limitations, and it varies by state, age of injured individual, and type of personal injury accident. It is important should you or a loved one be injured to immediately contact an experienced, hard-working, and trustworthy personal injury lawyer or personal injury attorney to fight for you. Waiting an extended period of time can only hurt your case, as it will be harded to gather sufficient evidence as time passes.

Filing a claim shortly following a personal injury accident is the optimal choice to receive the best outcome. The sooner a claim is filed, the easier it is for personal injury attorneys to gather evidence and information to help you. While the set statute of limitations in each state determine how long an individual has to file a claim, without viable evidence the entire case can be effected.   If you or a loved one has been hurt in a personal injury accident, we encourage you to contact us at The Law Offices of Bredell and Bredell immediately.

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You May Be Insured, But Are Your Pets?

Thursday, December 3, 2009

Whether you own or rent an apartment, home, or condominium, if you are a pet owner, it is important to carefully review your homeowner’s or renter’s insurance to make sure that there is not an animal exclusion clause under your current policy. It is now common for such contracts  with insurance companies to have  this type of clause, that would hold you responsible for any and all accidents that occur as a result of your pet. If someone is injured because your pet attacked, bit, and/or scratched a person, you would be held liable with no help from your insurance company.

When shopping for the best insurance rates, agents may try to convince you that dropping this coverage will save you money on your premiums. However, if you own a dog, cat, bird, snake, or another other household pet, this decision is unwise–regardless of how much money you will supposedly save. Before your insurance company can officially exclude animal coverage from your policy, they must advise you verbally that you are opting to reject this coverage, and will require your formal signature. It is possible that an unethical agent may neglect to fully explain what you are signing in waiving your rights to animal insurance coverage. It is important not to sign any legal papers that you have not fully read or understand.

If your pet does injure someone, they may file a claim with your homeowner’s or renters insurance company. If you agreed to exclude animal protection coverage in your policy, your insurance company will have the ability to deny you coverage for the claim, and may refuse to defend you against any lawsuit that may arise from the accident. Therefore, should someone be attacked by your animal and be injured, you could be fully responsible for all medical expenses, potentially for a number of months and/years. Additionally, you may be liable for any emotional damages or scarring that result because of the accident.

Although many household pets are very friendly and harmless, severe injury due to animals can happen. It is important to make sure that you are aware of your pet’s demeanor at all times, doing your part to maintain to the safety of all those who come into contact with the animal. And, talk with your insurance company. If you are a pet owner, it is important not to pass up on animal coverage. It could be the all the difference should someone be injured as a result of your pet.

However, if you or a loved one has sustained injury because of being bitten, scratched, or attacked by an animal it is important to find an attorney to represent you for your injuries. The Law Offices of Bredell and Bredell have years of experience fighting for those who have been injured in all types of accidents, and are here to help you. Do not hesitate to contact us should this apply to you.

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Loose Lips Can Put You In Hot Water With Your Insurance Company!

Wednesday, October 14, 2009

In the event of any sort of accident, watching the terminology that one uses is crucial to avoiding a long and drawn out battle with your insurance company. Over the past fifteen years or so, insurance companies have had a more corporate philosophy to not make payments to its customers. And, using the wrong words when dealing with auto, health care, and home insurance can give the companies reason to not pay up.

New Jersey resident Melissa Cruz was driving her four-door car behind a pickup truck when she had to quickly slam on the breaks. She was driving five miles per hour under the speed limit, while the driver of the pickup truck was clearly speeding. Cruz did everything right–she remained at the scene of the accident, and gathered her documents. However, when she got out of her car, she apologized to the truck driver. “I thought apologizing was the right thing to do no matter whose fault it was. It turned against me though,” she explains. Even though the truck driver was at fault, Cruz’s apology was taken as her taking responsibility for the accident. Because of this, she went into a lengthy battle with her insurance company to fix her vehicle. At first, they insisted that Cruz was partly at fault for the accident, even though she was not the one speeding. It took her four months to get her insurance check to fix her car.

Another example of misused terms is when homeowners use the word “flood.” As defined by insurance companies, a flood is when water reaches a home because of a lake, stream, or river overflow. Otherwise, it is not considered a flood. Many might be inclined to say “flood” should a pipe burst in the home and caused knee-high water levels. Flood insurance is complex–although private insurance companies write the policies, the coverage is guaranteed by the federal government. Therefore, the insurance companies have a very narrow definition of the word “flood.” Using it improperly could be considered an exaggeration or fraudulent claim.

Lastly, those looking for health insurance payments also want to watch what they say. Using the words “experimental,” “investigational,” or “clinical trial” when a needed medical treatment is not common. If the insurance companies do not believe that it is a necessary or valid procedure, they are likely to refuse coverage. Additionally, it is important to refrain from using the word “whiplash” to describe neck pain, unless it has been medically diagnosed. Like “flood,” using such terminology can be seen as falsifying an insurance claim.

According to Amy Danise, editor of the web site Insure.com, a few words can make a very big difference. She highlights the importance of not saying anything to delay your claim. In terms of auto accidents, apologizing in any way can be admitting fault. Instead, Danise suggests that drivers should be neutral and just attempt to describe the events to the best of their ability. It is confusing to insurance companies when one apologizes–the last thing that anyone wants to do is backtrack in order to explain what happened.

Being injured in any accident can be devastating to those involved. Insurance companies are meant to provide coverage when it is needed most, but have lately been backing out of their responsibilities. It seems as if any possible excuse is being looked for to avoid having to pay up–and, what you say can help them delay or deny your compensation. The Law Offices of Bredell and Bredell have years of experience fighting for insurance payments for those who have been injured in a variety of accidents. If you’ve been injured, please do not hesitate to contact us.

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Injured at Work? Florida Reminds Us of Our Rights

Wednesday, October 7, 2009

Usually, most Americans go to work each day and return injury-free. However, it is possible for work-related accidents to occur quickly and without warning. It is important to be prepared and knowledgeable about the proper steps, should you be injured in a work-related accident.

Your employer should have insurance and is required to report your injury within seven days. Under Florida statues, if your injury is not reported you have the right to do so yourself. Then, the insurance company is to provide a list of medical providers that they cover that is maintained by both the employer and the insurance company. However, if you are injured and do not wish to use one of the provided medical practitioners, you may request a one-time doctor change.

Unfortunately, under Florida law, your employer is not required to pay disability for the first seven days of missed work. However, the insurance company can pay you should you be disabled for longer than twenty-one days. And while employers are not required to hold jobs for injured employees, injured persons are protected under the Family Medical Leave Act. If, as a result of injuries sustained, you are not able to resume performing the same work as before, you are entitled to vocation counseling, job-skills analysis, job-placement, and/or on the job training under Florida’s workers compensation laws.

While workers compensation legislation in Michigan may differ slightly, both states can agree that if you are injured in an accident at work you have the right to an attorney. Hiring a workers compensation attorney can help you and your loved ones insure that you are justly compensated for your injuries. The Law Offices of Bredell and Bredell have years of experience fighting for the rights of those injured on the job. Should this apply to you or a loved one, please do not hesitate to contact us immediately.

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The Michigan House of Reps Take on Insurance Companies

Tuesday, September 29, 2009

In the state of Michigan, the wrongful denial of legitimate property, casualty, and health insurance is an occurrence that happens too often. In fact, the state is one of only four in the United States that has practically no consumer protection policies that will shield policyholders from being denied what is rightfully owed to them. Recently, the Michigan House of Representatives have passed legislation that puts pressure on insurance companies to uphold their contracts, or face fines and/or felonious convictions.

Michigan mother, Kecia Milliner witnessed her life change forever in September of 2003. As her five-year-old daughter was playing outside, she was hit and dragged by a speeding car. Although her daughter survived the accident, her life was never to be the same. Upon receiving medical attention from numerous doctors, the Milliners were informed that their daughter has sustained a classic traumatic brain injury. Immediately, Milliner contacted her insurance company, who promised to pay medical bills and honor their personal injury protection benefits. However, the insurance company has failed to do so, putting an enormous strain on the family. The Milliners have fallen behind on their bills, and their credit is ruined. They could also lose their home, all because their insurance company refused to help them.

The legislation, which is designed to battle a culture that puts more emphasis on monetary gain than honoring commitments, will hold the company liable if they deny coverage to policyholders. CEOs who knowingly create, honor, or encourage these bad-faith practices will be charged with a felony. Additionally, a whistle-blower campaign will be enacted to protect bold employees who report the wrongful denial of claims.

If, like the Milliner’s, coverage is denied and credit ratings are ruined, it will be responsibility of the insurance company to repair it. Currently, if an insurance company defrauds a customer, they are only charged with a minimal $500 fine. This is a form of fraud. Consumers who commit fraud in any other capacity are charged with a $50,000 fine and jail time. The existing rules are hypocritical and do not make sense. The new plan punishes insurance companies that deny claims to injured policyholders, by not only charging them $1 million in fines, but consumers will be rewarded their benefits in full.

Too often in this state policyholders are taken advantage of, and do not receive their promised benefits and coverage. Michigan needs to join the other forty-six states, and implement  consumer protection programs that will battle unjust insurance practices. The Law Offices of Bredell and Bredell have years of experience on the front lines against insurance companies, fighting for all promised benefits and coverage for injured parties. Should you or a loved one be injured in an accident, and are being denied insurance coverage, please do not hesitate to contact us immediately.

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Insurance Companies Fight Alternative Technologies for Speech-Impairments

Friday, September 25, 2009

Amyotrophic lateral sclerosis, or A.L.S., is a disease that attacks the muscles in the throat and mouth leaving its victims unable to speak. In order to help these people have a voice, Medicare approved devices are required. The machines are expensive computers that have programming that turns typed words into spoken word that she can communicate with her family, friends, and physicians.

The computers are made to run only speech functions, and according to governmental insurance policies, the makers of the PCs are required to disable all e-mail or web browsing programming. Many who are upset due to the computer’s limitations and expensive price tag turn to alternative devices to help them communicate.

New York resident and A.L.S. inflicted Kara Lynn has turned to an Apple iPhone 3G and its progressive applications to help her. The $300 phone and $150 text-to-speech software is far less expensive than the $8,000 she previously paid to procure one of the limited PCs. Additionally, she can wear the iPhone around her neck, allowing her to communicate with her young son, Aiden, who has down syndrome.

Despite the benefits the advanced technology provides Ms. Lynn, both Medicare and private health insurance companies refuse to assist with the costs, even though it is far cheaper by comparison. Both parties maintain that the only contribution they are willing to make is towards the costly, but limited personal computers. Their reasoning is that insurance is meant to cover medical devices only. Machines that can be used for non-medical purposes are not insured because they are useful for anyone, not just the ill or injured.

However, it might just take a minute for these organizations to come around. iPhones have only been in existence for the past few years, so it is not shocking that their usefulness has not been considered. The health care system is one of the slowest to catch up with Moore’s Law: the idea that while prices may fall, technology is ever-growing.

Because the public and private insurance companies refuse to cover these devices, it makes the lives of the millions of Americans with A.L.S., autism, strokes, and down syndrome much more difficult. Using popular devices, such as the iPhone can help ease social stigmas. Additionally, children who use them for that purpose love the iPhone–not only is it fun to use, but it possesses a cool factor for them.

A possible solution to this problem could be to have governmental set price limits, and let the patients find their own products. This would be mutually beneficial, as the government and private insurers are spending an extreme amount of money on ineffective machinery. Those who are ill and/or injured are entitled to assistance from their insurance company, not road blocks. The Law Offices of Bredell and Bredell have years of experience fighting for the help you deserve. If you or a loved one has been injured in an accident, please do not hesitate to contact us.

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Michigan Supreme Court Reconsiders 2004 Auto Injury Precedent

Friday, September 11, 2009

The changing of the tide in Lansing is long overdue for those injured in auto accidents.   This change began with the November  2008 victory of Justice Diane Hathaway, and the defeat of  the ultra conservative  Justice Clifford Taylor.    Now, the Michigan Supreme Court  appears to have set in motion the process of reversing a most unfortunate 2004 precedent that created a high legal hurdle as to who can receive damages for pain and suffering after being hurt in a car accident.

Last Friday, the Court decided 4-3 that  it would reopen the case of Rodney McCormick. The Flint auto plant worker endured a broken ankle when a co-worker backed a truck over it. He underwent two surgeries for his broken ankle, and still suffers from some pain as a result. Doctors however, did find evidence of degenerative joint disease in McCormick’s ankle which will affect him for the rest of his life. Last October,  prior to the elections, the Court had voted the opposite direction to deny his appeal.

This case is a means for the Justices to reexamine the Supreme Court ruling, which has been criticized by the AARP, medical groups, and personal injury lawyers since the decision. They claim that the ruling makes it far too difficult to sue the faulted party, and receive compensation and benefits for the injured party.  By reopening the case, the Michigan Supreme Court will  re-examine the legal standard  of serious impairment,  and thus who is entitled to compensation for pain and suffering.

 The 2004 ruling,  known as the Kreiner decision, added additional non-statutory language and hurdles for an injured person to have been deemed “seriously impaired”, and therefore able to recover damages for pain and suffering.   It ruled that not only must the injury affect a victim’s general ability to lead a normal life, but it must “affect the course” of the person’s life.  This means that only those who are severely injured or killed are able to receive non-economic damages.    Those who suffer serious injury, but then fully recover without the course of their life being affected,  do not meet the legal threshold and are barred from recovering for their pain and suffering.    Since 2004, 194 of 244 Kreiner-related cases have been dismissed by the Michigan Supreme Court, barring their claims.   

When one is injured in an auto accident, injuries will often times heal–but at a high price. Although it may eventually be possible to return to work, and some of the activities enjoyed prior to the accident, more likely than not the long-lasting pain and suffering experienced will remain far longer. The Michigan Supreme Court’s ruling in the Kreiner case has made it difficult for victims to be justly compensated for their injuries, that often last the remainder of their lives. When one is injured in such an accident, it is imperative that proper counsel and representation is sought out. The Law Offices of Bredell and Bredell have years of experience successfully fighting for the results injured persons deserve. If you or a loved one has been injured in an auto accident, please do not hesitate to contact us immediately.

Filed under: Auto, Truck, and Motorcycle Accidents, Catastropic Injuries, For Your Information, Insurance Matters—Tags: , , , , — Comments (0)

Buying auto insurance in Michigan

Thursday, July 16, 2009

Auto insurance is the only “product” that I can think of that is mandatory, if you own and drive a car. If you drive an uninsured car in Michigan, you will receive a ticket and if you fail to pay this ticket or continue to drive your uninsured car, you could actually spend time in jail for failing to buy auto insurance.   And, if you earn the minimum wage in Michigan, paying for auto insurance could cost upwards of 7% to 10% of your gross income. But in spite of the mandatory nature and high cost of auto insurance in Michigan, very few consumers understand what they are getting for their premium dollars.  Contact Bredell and Bredell for a free consultation as to your no-fault automobile insurance policy to make sure you  are fully covered.

Filed under: For Your Information, Insurance Matters—Comments (0)

Support the Effort to Stop Corporate Legal Games!

According to Harvard Medical School, it is estimated that over 100,000 people die each year from medical malpractice incidents, while hundreds or thousands more endure serious injury as a result of these mistakes. Unfortunately, it is currently too easy for those at fault for these devastating errors to escape their blunders without punishment.

In the state of Michigan, the insurance industry has become so powerful that they have made it incredibly difficult for those who are victims of malpractice to see justice. Furthermore, corporate lawyers have created several confusing legal forms such as “AOMs” and “POIs” as hurdles to purposely trip up the injured party. According to current law, something as simple as a stamp date error is enough to nullify agreements between the sufferer and the insurance company, regardless of the severity of the malpractice or if it resulted in a fatality.

HB4571 is new legislation that was introduced to the Michigan House of Representatives on March  12th, 2009. The bill, in an effort to reform the Revised Judicature Act, intends to restore the public’s right to safer health care. Penalties will be made more severe for those medical facilities and practitioners at fault. At the same time, House Bill 4571 will protect doctors, as is has the ability to detect false and/or weak claims earlier. The list of required documentation proving how the health facility surpassed the breach of standard health care procedures. This will prevent the loss of time, expertise, and finances.

It is important that the public is protected against negligent doctors and health care organizations. At the Law Offices of Bredell and Bredell, we pride ourselves on taking a firm stance against medical malpractice. With years of experience tackling tough cases in the name of malpractice victims, we encourage you to contact us immediately should you feel that you have a viable claim.

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