M&T Newsletter Summer 2022 Edition

While the summer winds down, all eyes are on the Court of Appeals as we await the decision in the Andary case. The main issue in Andary of course is whether the non-Medicare fee caps under the new law can be applied to injuries that arose before the effective date of the new law (June 11, 2019). 

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speeding car

Speeding in Michigan

You just looked at the time and realize that you are running late for an appointment. You have to be at the office in 15 minutes but live 20 minutes away. Maybe if you just go a little bit fast you can get there on time, so you speed, only to be pulled over shortly thereafter. For many of us, we know what it is like. Though it may be tempting to speed, there are risks and penalties involved.

Common Reasons for Speeding

There are several factors that often lead to aggressive driving such as speeding. These include:

  • Anonymity
  • Disregard for others/the law
  • Running Late
  • Traffic

The Consequences of Speeding

Aside from the dangers of injury and death associated with speeding and car crashes, the major risk involved with speeding is receiving a ticket – often with a hefty fee. The price of a speeding ticket in Michigan is equal to the prepaid amount of the ticket, court costs, and the increase in your insurance premium. Reckless driving is not pre-payable however, and there are additional penalties for drivers speeding in a school zone, work zone, or residential area. Maybe you don’t mind paying for the ticket, but chances are you will mind when you are paying hundreds more in insurance – or for medical expenses since speeding is often correlated with accidents. 

According to the National Highway Traffic Safety Administration (NHTSA), in 2017, speeding killed 9,717 people, which accounted for more than a quarter (26 percent) of all traffic fatalities for that year. It is also necessary to remember that even drivers who are going the speed limit could be going too fast for weather conditions should they be inclement. 

The “Lookback” Period

Most insurance companies will use a “lookback” period in order to determine insurance premiums. For most insurance companies that period is usually five to ten years and looks at any accidents that have occurred. 

According to a study of six major insurance carriers, the fee will go up immensely. Because of the increase in your premium, it is not unlikely that you will end up paying thousands of dollars more over the course of three to ten years.  That may make you rethink having to pay a much, much less expensive appointment cancellation fee. 

Other Consequences

There are many consequences that can result from speeding other than receiving a ticket. These include:

  • Economic implications;
  • Greater potential for loss of vehicle control;
  • Increased degree of crash severity, which leads to more serious injuries;
  • Increased fuel consumption/cost;
  • Increased stopping distance after the driver has perceived a danger; and
  • Reduced effectiveness of occupant protection equipment.

Miller & Tischler Can Help

If you or a loved one has been in a car accident in the state of Michigan, it can have an immense impact on your life. That is why it is so important to seek out a knowledgeable and experienced automobile accident attorney, who understands the intricacies of the law and all that is associated with car accidents in Michigan. At Miller & Tischler, we understand how just one accident can negatively impact most aspects of your life: your physical, mental, emotional, and even financial wellbeing. To learn more about how Miller & Tischler can help you to get back what you deserve or to schedule a free consultation, contact us today!

left turn stoplight

Is It Ever Legal to Turn Left on a Red Light in Michigan?

While we know that turning right on a red light in Michigan depends on the intersection and signage, you may be wondering if there is ever a time when it’s legal to turn left on a red light? Yes, under certain circumstances. 

Under What Circumstances Are You Allowed to Turn Left on a Red Light in MI?

You are allowed to turn left on a red light in Michigan under certain circumstances:

You can turn left on a red light in Michigan if you are turning from a one-way or two-way street onto a one-way street and the traffic that you would be turning onto is going the same direction as your left turn. You are prohibited from turning left on a red light when the street that you would be turning onto goes two ways. 

You must also stop before entering the intersection. 

Remember You Never Have the Right of Way

However, it’s extremely important to remember that when turning left on a red light you never have the right of way. That belongs to pedestrians, bicyclists, and other drivers who are using the street at the time. 

If there are any pedestrians or bicyclists who are legally in the crosswalk on the street that you would be making a left onto, you must yield to the, as well as other vehicles that are driving on the street you are turning onto. 

If you are at an intersection that has a sign, signal, light, marking, or any other device that says making a left on red is prohibited, you may not do so. This sign must be located above or adjacent to the traffic control signal or as close as possible to the point where the turn is made (or in both directions). Put simply, it’s important that at least one of these signs is visible to the driver who would be turning. 

The Attorneys at Miller & Tischler, P.C. Can Help

If you or a loved one has been injured in a car accident as a driver, bicyclist, or pedestrian, you should not have to be bear the burden alone. When you are already dealing with so much, the last thing that you want to do is to have to worry about tackling the legalities of your situation.

The Michigan car accident attorneys at Miller & Tischler, P.C. can help you to fight for the compensation that you deserve. We understand the seriousness of your injury and the physical, emotional, and financial hardships that you have endured and will continue to endure. We can help you to gather the necessary evidence and build a case to help you receive the most optimal outcome. We’ll help you fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!

brain bleed

What to Know About Brain Bleeds After a Car Accident

When you’re involved in a car accident you can end up with very serious injuries. One such injury is a brain bleed. Brain bleeds can result in permanent damage or even death. A brain bleed occurs when blood vessels in the head rupture and put pressure on an individual’s brain. The difficulty of a brain bleed injury is that you may not notice anything immediately after a car accident. In fact, you may be under the impression that you haven’t suffered any injuries. 

Possible Results of a Brain Bleed

This is why it’s so important to seek immediate medical attention after a car accident. While you may not know that anything serious is going on, your treating medical team can run various diagnostic tests and scans to determine a serious internal injury. The sooner you can discover what is going on, the better chance you have of stopping any further damage. Left untreated, brain bleeds left untreated can end up causing you to go unconscious, go into a coma, stop breathing, suffer serious traumatic brain injury (TBI) or even die.  

Brain bleeds that occur from car accidents are usually the result of an individual’s cerebrum whipping back and forth and violently striking the skull. This movement can cause blood vessels to rupture and subsequently blood to collect in between the skull and the brain creating pressure. 

Symptoms of a Brain Bleed

While it’s best to seek immediate medical attention after an accident regardless of whether or not you feel okay, it’s imperative that you seek immediate treatment if you notice any of the following symptoms:

  • Severe headache (generally sudden and located near the back of the head)
  • Loss of feeling
  • Loss of or difficulty with movement
  • Stiff neck
  • Slurred speech
  • Nausea
  • Vomiting
  • Confusing
  • Sudden loss of or decreased consciousness
  • Changes to mood or personality
  • Seizure
  • Vision issues
  • Aching muscles
  • Sensitivity to light 

If you experience any of these symptoms following a car accident, be sure to do the following:

  1. Seek immediate medical attention (and receive diagnostic testing)
  2. Inform you auto insurance company about the accident
  3. Refuse to sign any waivers, releases, or settlements as once you do you can no longer receive any more money that you may need

The Attorneys at Miller & Tischler, P.C. Can Help

If you or a loved one has suffered a brain bleed in a motor vehicle accident, you should not have to bear the burden alone. When you are already dealing with so much, the last thing that you want to do is to have to worry about tackling the legalities of your situation.

The Michigan personal injury attorneys at Miller & Tischler, P.C. can help you to fight for the compensation that you deserve. We understand the seriousness of your injury and the physical, emotional, and financial hardships that you and your loved ones have endured (and will continue to endure). We will gather the necessary evidence and build a case to help you receive the most optimal outcome. We’ll fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!

spinal cord injury

Questions to Think About After Your Spinal Cord Injury

Any type of injury can greatly impact your life. A spinal cord injury (SCI), however, can be extraordinarily devastating. With such a life-altering injury you may find yourself struggling not only physically, but also mentally, emotionally, and financially. You may be unable to work due to your pain and suffering resulting in a loss of income. Moreover, your medical needs (and therefore expenses) will be significant. In other words, a spinal cord injury can leave you struggling to afford even your most basic needs. If you or a loved one has suffered a SCI in a motor vehicle accident, knowing the following information will be helpful.

What compensation can I get?

It’s important to know the compensation and damages to which you are entitled if you sustained a SCI arising out of a motor vehicle accident. Michigan is a no-fault state. That means that if you were injured due to a car accident, you will be entitled to no-fault personal injury protection (PIP) benefits regardless of whether you were at fault for the accident. There are some instances, however, in which you could be disqualified from receiving no-fault PIP benefits. One such instance is if you were driving your own car at the time of the accident and failed to insure your car with the mandatory insurance coverages. Also, most non-residents of Michigan will be disqualified from receiving Michigan no-fault benefits if they are injured in a car accident in Michigan. Generally, you will claim these benefits from your own automobile insurer. There are some situations, however, in which another person’s insurer will be responsible to pay for your no-fault PIP benefits.

If you are entitled to no-fault benefits, there are several benefits which you may receive. As noted, if you’ve sustained a SCI, your medical expenses will no doubt be significant. One no-fault benefit is payment of medical expenses for medical services you required due to your accident-related injuries (including payment for initial hospitalization, rehabilitative therapies, personal attendant care, etc.). You will also be entitled to compensation for work loss resulting from your car accident. Another benefit is the payment of household “replacement” services. If someone has been completing household chores that you completed before you were njured, that person is entitled to receive $20.00/day in compensation.

It’s important to know that there may be a limit to your no-fault benefits due to amendments in Michigan’s no-fault law that became effective June 11, 2019. Whereas Michigan used to mandate lifetime, unlimited PIP coverage, Michiganders are now permitted to choose lower PIP coverage levels. If you’ve chosen less than unlimited PIP coverage, you will be left with significant medical expenses.

If you were not at fault for the accident, you may be able to sue for pain and suffering damages (as well as for any excess economic loss beyond your PIP coverage). This is known as an automobile negligence or “third-party” claim. These claims are made to the liability insurer of the person who was responsible for causing the car accident. In order to make a third-party claim, your injury needs to rise to one of three “thresholds“: serious impairment of body function, permanent serious disfigurement, or death. Most automobile negligence claims are brought under the serious impairment of body function threshold. If you’ve suffered a SCI in a car accident, you will probably be able to meet this threshold.

When should I file a claim?

Like any personal injury claim, you only have a limited amount of time to do so. This is called a statute of limitations. Most insurers will require that you give them notice of your injury within a year of the accident. Moreover, if you need to file a lawsuit against the responsible no-fault insurer for payment of PIP benefits, know that you will only be permitted to recover benefits a year back from the date you file your lawsuit. So it’s extremely important that if you are having issues with your insurer paying benefits, that you take action sooner rather than later.

As for your automobile negligence or “third-party” claim, you have a three-year statute of limitations to file a lawsuit under Michigan law. Since it take a bit of time to collect evidence, conduct research, and get everything together, it’s best to begin the process as soon as possible. 

Proving your claim.

One of the most important things that you need in order to successfully prove your spinal cord injury case is evidence. Without evidence supporting your claim, it can be difficult for the court to agree to your damages. 

Documentation that you’ll want to have as evidence includes anything that can show:

  1. The extent of your injury
  2. The car accident caused your injury
  3. Your damages that have resulted from your injury (including your medical expenses, work loss, and how your post-accident life is different from your pre-accident life)
  4. Evidence to demonstrate that the accused is responsible for your injury

A variety of things can be used as evidence:

  • Photos
  • Videos
  • Witness statements
  • Bills
  • Medical records
  • Expert testimony (from your treating medical team)

The Attorneys at Miller & Tischler, P.C. Can Help

If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, you should not have to be bear the burden alone. When you are already dealing with so much, the last thing that you want to do is to have to worry about tackling the legalities of your situation.

The Michigan personal injury attorneys at Miller & Tischler, P.C. will fight for the compensation that you deserve. We understand the seriousness of your injury and the physical, emotional, and financial hardships that you have endured (and will continue to endure). We will gather the necessary evidence and build a case to help you receive the most optimal outcome. We’ll fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!

cars on a tow truck bed

Determining Fault in a Michigan Multi-Car Chain-Reaction Accident

Determining liability for car accidents can be extremely messy. When you add multiple vehicles into the mix, it can become even tougher. Multi-vehicle accidents are those in which more than two vehicles are involved in a crash. Often multi-vehicle accidents begin with a chain-reaction. In other words, one vehicle crashes into another, which crashes into another, so on and so forth. 

Chain-reaction accidents typically occur on highways and at stopped traffic (as vehicles in such situations are closer together). Since it can be difficult to determine who actually started the chain-reaction, assigning liability in such accidents can prove to be tough. And sometimes, multiple parties may even be to blame.

Contributing Factors

While it may seem like a no-brainer that the driver who caused the very first crash would be responsible for the whole situation, there may be other contributing factors. For instance, while one driver may have started the accident in motion, other drivers may have also been negligent (e.g. following too closely or speeding). 

Alternately, if the situation involved dangerous road conditions or improper traffic signs, a governmental agency may also bear the burden of responsibility. Most chain-reaction accidents involve negligence of at least one, if not multiple, drivers. However, there are still rare instances in which inclement weather or some other type of natural danger started the events. Nevertheless, negligence may be shown even where the weather contributed to an accident. That’s because drivers have a duty to alter their driving according to the weather.

Serious Consequences

Since accidents with two motor vehicles are inherently dangerous, adding more than two vehicles into an accident makes it significantly more dangerous. Such accidents often result in catastrophic injuries. Additionally, when one accident has taken place on a busy road, it increases the risk of another one transpiring until it is fully cleaned up. 

As you can imagine, multi-car, chain-reaction accidents are often very complicated. Therefore, such accidents require thorough investigation from professionals. This includes the assistance of a qualified Michigan personal injury attorney who can help to review medical documents, evidence, establish fault and liability, and help you to recover any damages to which you are entitled. 

The Attorneys at Miller & Tischler, P.C. Can Help

If you or a loved one has been injured in a motor vehicle accident, you should not have to be bear the burden alone. When you are already dealing with so much, the last thing that you want to do is to have to worry about tackling the legalities of your situation.

The Michigan personal injury attorneys at Miller & Tischler, P.C. can help you to fight for the compensation that you deserve. We understand the seriousness of your injury and the physical, emotional, and financial hardships that you have endured (and will continue to endure). We will gather the necessary evidence and build a case to help you receive the most optimal outcome. We’ll help you fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!

pregnant woman in a car

In a Car Accident While Pregnant? Here’s What to Know

Car accidents can be extremely scary. No matter who you are, your level of experience, or your length of time behind the wheel, you can be involved in one. But while anyone and everyone is susceptible to a car accident, some groups of people are at greater risk of injury than others: pregnant women. Whether you are the driver or a passenger, when you are in a car accident while pregnant, it’s very important to understand your legal rights, potential insurance claims, and that which is best for you and your unborn child. 

The Increased Danger of Risk for Pregnant Car Accident Victims

Car accidents can cause sudden movements and serious bodily injury due to the force often involved. However, serious injury is not exclusive to serious accidents. People can be seriously injured in a car accident that didn’t seem “that bad.” Compounding the situation is the fact that sometime injuries do not become apparent until days or even weeks after the accident. Because of this, many people refrain from seeking medical attention right away. But that’s why anyone involved in an accident should receive medical care – regardless of how minor they may believe it to have been. 

Pregnant women and their unborn children are at an increased risk of suffering serious or even life-threatening injuries after a car accident. Such injuries include:

  • Pre-term labor
  • Beginning of high-risk pregnancy
  • Internal bleeding
  • Miscarriage
  • Placental abruption
  • Birth defects

Because of this, pregnant women will likely be transported via ambulance to the nearest emergency department. Unfortunately, this does not mean that she will be seen by an obstetrician. Regardless of how she feels, a pregnant woman should always receive a complete exam after an accident. This care would likely include fetal monitoring and additional appointments with specialists. This is so important, as finding complications earlier can be extremely helpful in saving the lives of the mother and baby. 

While you can’t always prevent a car accident, there are a few things that you can do to protect your rights and the rights of your unborn child after one:

  • Obtain adequate Personal Injury Protection (PIP) insurance coverage
  • Always seek medical care (even if you feel “ok”–just to be safe)
  • Immediately notify your insurance company of the accident and file a no-fault claim to cover any medical bills incurred (and other benefits if you are seriously injured).

The Attorneys at Miller & Tischler, P.C. Can Help

If you or a loved one has been injured in a car accident, you should not have to be bear the burden alone. When you are already dealing with so much, the last thing that you want to do is to have to worry about tackling the legalities of your situation.

The Michigan personal injury attorneys at Miller & Tischler, P.C. can help you to fight for the compensation that you deserve. We understand the seriousness of an injury to you and your unborn child, as well as the emotional, and financial hardships that you have endured (and will continue to endure). We will gather the necessary evidence and build a case to help you receive the most optimal outcome. We’ll help you fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!