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No-Fault News Feb 2021: New Fee Regulations under the Amended No-Fault Act
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How Can You Protect Yourself Against Wrong-Way Drivers?
As a driver, few things are scarier than seeing another driver speeding towards you, going the wrong direction. Unfortunately, wrong-way drivers are often responsible for car accidents that result in severe injury or even death.
So while you can’t do anything to prevent another driver from going the wrong way down a street, you can be pro-active when it comes to defending against one. The way to do this is first to understand a bit about the prevalence of these wrong-way accidents.
The Impact of Wrong-Way Drivers
A majority of wrong-way drivers are under the influence of drugs and/or alcohol. Those who are not are often distracted, rushing, and mistake the exit of a road or highway for an entrance. Although police officers that see wrong-way drivers will attempt to get their attention and stop them, they aren’t always successful. These wrong-way accidents are responsible for killing 300 to 400 people each year in the United States.
Always Be Proactive
To be proactive against wrong-way drivers is important that you follow a few different steps:
- Be sure to drive in the right lane whenever you are not passing someone. Since most drivers (including those going the wrong way) believe that they are staying in the right lane too, they are actually in the left lane, just driving the wrong direction.
- Always keep an eye on the surroundings and drivers around you – including those in the distance.
- Should you see a driver going the wrong way, immediately call 9-1-1 and inform them of the vehicle, its location, and the direction it’s driving. This can help to prevent a fatal collision.
In an effort to reduce the number of wrong-way accidents, Michigan, along with some other states, has created and implemented warning systems along off-ramps in an effort to get the driver’s attention before a crash occurs.
The Attorneys at Miller & Tischler, P.C. Can Help
If you or a loved one has been injured due to a wrong-way driver, 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 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!
New Fee Regulations Under the Amended No-Fault Act
Since May, 2019, the No-Fault provider community has been living under the Sword of Damocles and it is about to descend come July 1, 2021. How’s that for imagery? Well, it may be hyperbolic but many in the No-Fault community feel great apprehension with the advent of Fee Schedules and the new, uncertain world for accident victims and their service providers that Fee Schedules will bring.
The new regulations are a revolution in the No-Fault law and there is a lot to it, more than can be easily covered and digested in one article. Therefore, this article will serve as a basic introduction; intended to provide information about the fee regulations on the horizon and suggestions for your preparation. Other articles will follow.
Before we dive in, I have an important word or two here for you about the actual words used by the Legislature and the words I have chosen for this article. This topic is commonly referred to as fee “schedules” but the Legislature did not create fee schedules at all. Did I just blow your mind? I know, this sounds crazy because this topic has been widely discussed by many as the new fee schedules under the amended No-Fault Act. Here’s the thing: the Legislature did not create fee schedules, it created fee caps that regulate the amount you may receive for services, products or accommodations. So, the phrase fee “schedules” is actually a misnomer and what was created is more appropriately called regulations regarding fees or plainly, the fee caps.
1. What are the new fee regulations?
Fee caps are a key component of the amended No-Fault Act. They are found in a single section of the Act, that being MCL 500.3157 and are addressed in many subparts under that section. Specifically, you find the regulation regarding fees at: MCL 500.3157(2) – (14). While there are different fee caps dependent on the kind of provider (i.e., hospital, rehab hospital, Medicaid provider, etc), there are two significant fee caps that will affect many in the post-acute world.
The first, found at Section 3157(2), provides that a provider will receive at most 200% Medicare rate if the service has a corresponding Medicare rate on the Medicare fee schedule. The maximum percentage decreases to 195% in 2022, and 190% in 2023. In effect, if Medicare’s fee schedule provides an amount payable for the service you provide, you look to that Medicare fee schedule for your possible maximum recovery. You can find the Medicare fee schedule at https://www.cms.gov/apps/physician-fee-schedule/search/search-criteria.aspx. Be alert that you need a code (either CPT or HCPCS) to search for a possible, associated rate.
Some examples of common codes are:
| Physical Therapy | Occupational Therapy | Speech Therapy | Social Work | Home Care |
| 97163 Eval, high complexity | 97167 Eval, high complexity | 96125 Cog Eval | 90832 Indv Psychotherapy | 99509 ADL |
| 97164 Re-Eval | 97168 Re-Eval | 92507 Indv | 90837 Indv Psychotherapy | 99507 Cath Care |
| 97010 hot/cold packs | 97166 Eval, mod complexity | 92508 Group therapy | 90833 Psychotherapy eval | 99347-99350 Established Patient |
| 97032 Elec stimulation | 97165 Eval, low complexity | 92521 Eval fluency | 99341-99345 New Patient | |
| 97035 Ultrasound | 97110 Therapeutic exercise | 92522 Eval sound | 94005 Vent Assist | |
| 97110 Therapeutic exercise | 97150 Group Therapy | 92524 Eval voice | 90834 Indv Psychotherapy | 99503 Respiratory Therapy |
The Medicare fee schedule is code specific and when you search the Medicare fee schedule, you will see a search page that looks like this:
What if the Medicare fee schedule does not have a rate for the service you provide? You look to Section 3157(7)(a) for the second fee cap largely applicable to post-acute providers. This fee cap will apply when 3157(2) does not (there is no Medicare rate for your coded service or there is no code). This fee cap is referred to as the “55% schedule” because it provides that a provider will receive at most 55% of its 1/1/19 charge master for that same service. If no 1/1/19 charge master, you receive at most, 55% of your average charge as of 1/1/19 for that service. The maximum percentage decreases to 54% in 2022, and 52.5% in 2023. To be clear, this appears to mean that those whose services are not covered by Medicare, and those who were not in business as of 1/1/19, will be covered by NEITHER fee cap under the amended Act. This has extremely important potential for business planning. Stated another way: new businesses providing non-Medicare services appear to not be covered by the 55% fee cap.
Importantly, keep in mind that both “fee schedules” will operate as “fee caps” because the legislature essentially stated as such in both (2) and (7)(a) indicating that the schedules provide the most that is recoverable. So, 200% Medicare or 55% charge master/average charge is the maximum payment; it is not mandated as the actual payment amount. Thus, insurers may argue that less than 200% Medicare or less than 55% charge master/average charge is reasonable.
2. When do the new fee regulations go into effect?
Unless there is a legislative change, fee caps become effective on 7/1/21. Remarkably, for the first time in the history of No-Fault insurance, not only will there be fee caps other than “reasonable and customary” but one of them is linked to another system, Medicare, as discussed above.
3. What should you be doing now to prepare?
While it may be appealing, the “ostrich in the sand” approach is one I do not recommend when it comes to preparing for the advent of the new fee regulations. The fee caps will redefine the No-Fault landscape and the providers who are prepared to meet the administrative and financial challenges are the providers poised to weather the storm. So, right now, you should be evaluating whether your services may be coded and if those codes have associated Medicare rates. If not, you should determine if you had a charge master on 1/1/19. If no charge master, ask: what was your average charge for each service you provided on 1/1/19? Consider whether there are services you provide now that were not on a charge master and may be so new that there was no 1/1/19 average charge. Those services should be reimbursed under the general rule of MCL 500.3157(1): reasonable and customary charge.
Consider also these five things as you work to understand what may be your reimbursable rate maximum after 7/1/21:
a. If you have a coded service for which there is a Medicare associated rate, that rate should apply without limitation regarding Medicare rules. Section 3157(15) defines “Medicare” for purposes of the No-Fault Act to mean the fee for service without regard to Medicare’s limitations. Of course, there are new limitations under the No-Fault Act to contend with: the Utilization Review provision and the rules promulgated by DIFS.
b. Your reimbursement rate will fluctuate as the Medicare rate adjusts. Section 3157(8) addresses this point specifically. So, if your reimbursement is tied to Medicare, it will adjust as Medicare rates adjust. Also, be mindful that codes change, are deleted, and revised on an annual basis. What may not be coded today, may be coded next year. Likewise, there may be other codes that could apply to your services now or later, dependent on code changes promulgated by the American Medical Association or CMS.
c. 200% Medicare is not permitted to exceed your average charge on 1/1/19. Section 3157(8) makes this point. Thus, even if the Medicare fee schedule applies to your service, whether you provided that service on 1/1/19 is significant because the average charge for the service as of that date is a cap on reimbursement from the insurer.
d. Your charge master or average charge adjusts annually by the Medical care Component of the Consumer Price Index. If you are subject to the 55% fee cap, the percentage recovery decreases to 54% in 2022 and 52.5% in 2023 and thereafter. However, your charge master or average charge is also supposed to adjust annually by the percentage change in the Medical Care Component of the Consumer Price Index for the year preceding the adjustment.
e. Neither Medicare fee schedule nor 55% fee cap may apply to you. What fee regulation applies to your service on and after 7/1/21 when: there is no Medicare associated rate for your service, you had no charge master on 1/1/19, you had no average charge for the service on 1/1/19, and you were not in business on 1/1/19? In this situation, it appears that you default to the general rule of MCL 500.3157(1): reasonable and customary charge. For business planning purposes, this point may be particularly important as new businesses providing non-Medicare services appear to not be covered by the 55% fee cap.
As you move forward, know that Miller & Tischler stands ready to navigate the waters about the new fee regulations for your specific case and all matters. We welcome you contacting us with specific questions and to see how we can put our expertise to work for you.
Maureen H. Kinsella
Miller & Tischler, PC
mkinsella@msapc.net
M&T Newsletter – MI Auto No-Fault Law
Is There a Correlation Between Traumatic Brain Injury and PTSD?
When the brain is shaken inside of the skull, it can result in a traumatic brain injury (TBI). This commonly occurs when someone experiences a sudden movement or jolt to the head due to an acute trauma like an accident or a fall. A person doesn’t need to be hit by an object to experience a TBI; it doesn’t even have to involve contact to the head by another object. For example, a concussion can be the result of a rear-end collision that causes whiplash.
Traumatic Brain Injuries (TBI)
TBIs are a neurologic condition. TBIs can range from very mild to severe or even life-threatening. Mild TBIs are often referred to as “concussions.” About 80% of all TBIs are mild and will generally heal by themselves, similar to how a bruise heals on your body. This is because a bruise can actually form in the location where you hit your head (where the brain hits the skull). But while these physical injuries usually get better with a little time, there are other mental injuries or conditions that can show up a little bit later. One such condition is post-traumatic stress disorder, commonly referred to as PTSD.
What can be confusing about PTSD as a result of TBI is that many of the symptoms of both conditions are the same. Therefore it’s difficult to tell if someone is experiencing both conditions or just one. These shared symptoms include:
- Difficulty sleeping
- Problems with concentration
- Ongoing headaches
- Out-of-character mood swings
- Feelings of isolation
- Fatigue
- Depression
- Anxiety
But while these conditions can be related, sometimes they can be cause and effect. In other words, sometimes PTSD can be the result of a TBI rather than a co-occurrence.
What is Post-Traumatic Stress Disorder (PTSD)?
PTSD was once thought of as being a mental condition that commonly occurs after someone suffers from an intense trauma. However, the prevailing understanding these days is that PTSD is more than this. PTSD is now being understood as damage to certain brain organs and systems as a result of a flooding of neurochemicals to those brain organ/systems resulting from emotional and/or physical trauma. While soldiers who have experienced combat are known to be prone to PTSD, so too are those who have been victims of a catastrophic motor vehicle accident.
So what does PTSD really have to do with TBI? According to numerous studies, there is a causal link found between suffering a TBI and developing PTSD. Although they are not the same condition in any which way, they can both result from the same accident or event. But where one begins and the other ends can prove difficult to decipher. For this reason it’s in your best interest to seek medical attention as soon as possible. A knowledgeable and experienced physician can help you to care for your TBI and/or PTSD. Don’t delay in seeking treatment, as both of these conditions can become more serious when not treated.
The Attorneys at Miller & Tischler, P.C. Can Help
If you or a loved one has suffered a TBI or PTSD after a motor vehicle accident, it can have a widespread impact on your daily life. When these conditions have occurred as a result of someone else’s negligence, you should not have to pay the price.
The Michigan personal injury attorneys at Miller & Tischler, P.C. can help you to fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!
What You Should Know About Interrogatories
You may have heard of the word interrogatories before in the context of the legal process but don’t know exactly what it means. If so, you’re not alone. Many people often confuse the word as a synonym for interrogation. Unlike an interrogation, however, interrogatories are written questions that require answers under oath. It’s important to understand how to respond to interrogatories. That’s where a personal injury attorney can come into play.
Interrogatories occur during the discovery process of a lawsuit. They are served by the opposing party who wants to obtain information from you. A party’s answers to interrogatories are often used in that party’s deposition. A deposition is a process in which you are sworn in before being asked questions by an attorney (who usually represents the opposing party). The attorney may use your interrogatory answers as an outline for the deposition or use inconsistent answers you’ve given in your interrogatories to make you seem untruthful.
Identifying Useful Information
Interrogatories are very helpful in that they can identify information concerning a party to a lawsuit. By receiving answers to certain questions it can make the task of preparing for trial much easier.
While interrogatories are not all the same, there are common questions that you may be asked. Such questions usually pertain to your background:
- Your name
- Your address
- Your place of residence
- Your educational history
- Your work history
- Marital status
- Whether you have children
If the lawsuit seeks damages for injuries arising from a motor vehicle accident, other common questions include:
- Details surrounding the accident in question
- Injuries suffered from the accident
- The medical professional(s) who treated you
- The location of your treatment
- Any issues related to your injury or injuries
Answer or Object
There’s no doubt that interrogatories can be very intimidating. Unfortunately, however, you don’t have the option to ignore them. If you don’t respond to them within a certain amount of time, you can be ordered to do so. But if you still fail to comply with a judge’s orders you can be slapped with a fine or could even lose your case if a judge strikes your pleadings.
But while you can’t ignore interrogatories, you may be able to object to one or more interrogatories on several grounds. One ground is that an interrogatory may be “unduly burdensome.” This means generally that to enable you to give an answer to the question, it would entail investing an unreasonable amount of time, money, or other resources such that you shouldn’t have to answer. However, even if you find certain questions to be unduly burdensome, you are still obligated to answer those that are not. Usually your attorney will handle the objections.
In Michigan, you generally have 28 days after being served with the interrogatories to provide responses and any objections to the interrogatories.
Although you aren’t questioned in person, it’s just as important that you only provide truthful answers since you are still under oath. In fact, you can be found in contempt of court or can have your answers used to impeach you during trial should you be caught lying. Therefore, it is extremely important that you have an attorney who can guide you in answering interrogatories.
The Michigan Personal Injury Attorneys at Miller & Tischler, P.C. Can Help
At Miller & Tischler, P.C., our team of knowledgeable and experienced Michigan personal injury attorneys can help. We always have our clients’ best interest at heart and will help to fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!
Can I Pursue a Liability Claim for Injuries Caused by Roadway Defects?
Due to its rapidly changing weather, potholes and other roadway defects are an extremely common cause of accidents on Michigan roads. When you’ve been injured because of a roadway defect, you may have no choice but to sue the governmental entity responsible.
Sovereign Immunity
When we incur a personal injury, we wish to hold liable those who were negligent in causing the injury. In the case where a roadway defect may have caused the accident, liability may fall on the state or local governmental. That’s because the state or local government agencies are responsible for maintaining the roadway. However, holding the state or local government responsible is, unfortunately, often difficult. That’s because in a lot of cases, the government may be protected by sovereign immunity.
Under sovereign immunity, citizens are prevented from suing government agencies that are acting within their official functions. In other words, government agencies can generally not be named as parties in a lawsuit unless they consent. However, one exception to sovereign immunity is the maintenance of public highways exception. Under this exception, the government must ensure that all roads, highways, and streets that are available to the public are maintained “in reasonable repair so that [they are] reasonably safe and convenient for public travel.” Therefore, state and local governmental units responsible for this can be held negligent if they fail to do so.
In order for an individual to be successful in a negligence case such as this against the government agency, he or she must demonstrate that the government agency had notice of the defect but failed to correct it within a reasonable amount of time.
Roadway Defects
When it comes to bringing a road defect claim against the government, the road only includes that part of it that cars travels upon. So, it does not include the shoulder of the road. Subsequently, these defect claims only extend to uneven surfaces, potholes, and the like that are within the white fog lines. It’s important to note that for purposes of brining a claim, poor design of a roadway cannot be considered a roadway defect.
Notice
If you are injured by a roadway defect as described above and believe that you have a claim, it’s important to be aware that there are statutorily mandated notice requirements. An individual who is injured must first send a written notice to the governmental agency he or she believes is responsible for the part of the roadway in question. This notice must include several things:
- The injured individual’s name
- The injured individual’s injuries
- The specific location of the defect
- The nature of the defect
- Names of any known witnesses
In Michigan, an individual bringing a claim must notify the governmental agency within 120 days (except where the injured person is a minor) or else forfeit any right to collect for damages.
The Attorneys at Miller & Tischler, P.C. Can Help
If you or a loved one have been injured in a car accident caused by a poorly maintained roadway, it’s important that you contact a knowledgeable and experienced personal injury attorney as soon as possible.
The Michigan personal injury attorneys at Miller & Tischler, P.C. 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!
Be Aware of Delayed Symptoms After a Car Accident
After you’ve been involved in a car accident you may believe that you don’t have any injuries because there are no apparent injuries and you otherwise have no symptoms of injury. However, what you may not realize is that presentation of your injuries may just be delayed. Sometimes you may not feel any symptoms for a few days or even a couple of weeks. Although some of these symptoms may not be a big deal, the following are some symptoms that may indicate that you have a much more serious injury.
Abdominal Pain
While pain in your abdomen or torso may very well be nothing, sometimes it can indicate a life-threatening internal injury. Should you experience any pain of this type, it’s imperative that you seek medical attention right away.
Back Pain
Another common delayed symptom is back pain. Although it can be a result of whiplash, which is extremely common, sometimes it could be something more serious in nature such as a herniated disc. Also, be aware of any numbness (or tingling) in your back which may be due to a pinched nerve.
Numbness
Numbness, which can be indicative of a pinched nerve from whiplash, may also be associated with the spinal column. For this reason, it’s important to pay attention as to whether you experience any lack of sensation or any tingling in your arms and/or hands.
Neck & Shoulder Pain
Whiplash, which occurs upon impact, also often results in some bad neck and shoulder pain. If you experience any stiffness though, it can indicate a much more serious injury, such as a spinal injury.
Headaches
Perhaps the most common symptom after a car accident is a headache. Most headaches are harmless and will go away on their own in a relatively short period of time. However, sometimes they can be much more serious, indicating a brain injury or a blood clot. Headaches are extremely common after you have been involved in a car accident.
Behavioral Changes
Motor vehicle crashes are one of the top three most common causes of traumatic brain injury (TBI). Newly emerging issues with your vision, hearing, memory, or feelings of depression can indicate that you’ve experienced a TBI. Since changes in personality can also signify a TBI, it’s important that you ask others close to you to pay attention to whether your personality significantly changes.
PTSD
When we think about symptoms post-auto accident, we often think of severe physical injuries. However, one of the most invasive that can occur is a mental disorder called Post-Traumatic Stress Disorder (PTSD). Although this mental disorder may not seem too significant at first, PTSD commonly worsens over time if not treated. It can significantly impact your life so it is important to talk to your doctor to obtain the right course of treatment.
When in Doubt, Seek Medical Attention
Even minor pain post-car accident can be an indicator of a more significant injury. That’s why it’s best to seek immediate medical treatment if you experience any new symptoms after being involved in a car accident.
The Personal Injury Attorneys at Miller & Tischler, P.C. Can Help
If you or a loved one has been injured in a car accident due to someone else’s negligence, you should not have to pay for someone else’s mistakes. Injuries from crashes can be quite severe, often leading to chronic pain and long-lasting issues.
The Michigan car accident attorneys at Miller & Tischler, P.C. can help you to fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!
What Michigan Food Delivery Drivers Need to Know About Insurance Coverage
After experiencing quarantine during the beginning of the pandemic, more and more restaurants now offer delivery options (such as UberEats) to increase sales. Additionally, grocery stores are also providing delivery as a option. This demand has resulted in an increased need for delivery drivers.
The need for more delivery drivers has provided some with additional opportunities for income. However, many of these drivers may start their jobs before understanding the impact of what could happen should they find themselves involved in an accident.
Ordinarily, if you are driving your own personal vehicle and are in an accident, your car insurance carrier would pay for any economic damages for any personal injuries you sustain (such as medical expenses). Your insurer will do so regardless of whether you caused the accident.
If you were responsible for the accident, you may be liable to others who have suffered noneconomic damages as a result (i.e., pain and suffering). In that case, your car insurance carrier should provide you with an attorney in order to help defend yourself. But what happens if you are responsible for causing an accident when using your vehicle as a food delivery vehicle? It can certainly change many aspects of the outcome.
Exclusion in Your Policy
In fact, most insurance policies include an exclusion for those who use their car as a business. In other words, when a food delivery driver is responsible for an accident in Michigan, his or her insurance policy may not cover them because of a business-use exclusion in the policy. This is true regardless of whether they are an employee or an independent contractor.
Additionally, if you have failed to alert your auto insurance company as to your new food delivery service job, it can choose to deny your claim coverage all together. This would mean that you would be responsible for others’ injuries or damages caused by the accident.
Therefore, if you are using your personal car for food delivery, it’s important that you know whether there is a business-use exclusion in your personal auto insurance policy. If there is, you will want to see if the delivery service you work for provides additional coverage. If it does not, then you will want to obtain commercial auto insurance to ensure that you are adequately covered.
Were You “On the Clock?”
One of the biggest factors in determining who pays for damages is whether or not you were “on the clock” when the accident occurred. It’s easier to argue that a driver is on the clock if he or she is driving to a restaurant to pick up an order or driving to a residence to deliver the order. But what about in between? What about when you’re waiting to receive an order?
The food delivery service companies will not want to be responsible for any damages in the event of an accident. Therefore, they will try to argue that the accident occurred on your own personal time.
Those who own and use their vehicles for business are obligated to keep their vehicles in proper working condition. It’s also important to report your new job to your insurance company and purchase the additional insurance coverage to protect you accordingly.
The Attorneys at Miller & Tischler, P.C. Can Help
If you or a loved one has been injured in a ridesharing accident or with a food delivery service driver, you should not have to pay for someone else’s mistakes. Injuries can be quite severe, often leading to chronic pain and long-lasting issues.
The Michigan personal injury attorneys at Miller & Tischler, P.C. can help you to fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!
Witness Statements Can Greatly Impact Your Car Accident Claim
When two drivers are involved in a car accident, figuring out what transpired can be difficult since each driver sees things from his or her own perspective. This often leads drivers to miss certain factors. This is why having the observations of a third party witness can greatly help.
Depending upon what the witness recalls, having his or her statement can either help or hurt your car accident claim.
How Can You Obtain a Witness Statement?
If you believe that someone who witnessed the accident may be of help to your claim, you can ask him or her if they would be willing to write down what they remember about the accident. It’s important to note that witnesses are not legally obligated to remain at the scene or give any type of statement. However, if your potential witness agrees to speak with you and provide their account of what transpired, it’s important to retain their personal contact information, such as name, address, and even phone number.
Don’t worry about the legal formalities of collecting a witness statement. Simply ask the witness to sign and date each page of their statement. If you are recording their statement – whether audio or video – first you will want to ask their permission to do so. Then once you get home and are able, make a copy of the witness statement and provide it to your attorney.
Will A Witness Statement Help or Hurt Your Claim?
In order to recover in a lawsuit for injuries sustained in a car accident, you must be able to prove that the other driver’s negligence caused the accident. A witness can help to prove (or disprove) your case by sharing if the other driver was distracted, speeding, seemed intoxicated, or disobeyed any traffic laws at the time of the accident. What a witness did – and didn’t – see can ultimately change the outcome of your case. This is why it’s so important that your witness is credible.
Witness Credibility
Credibility goes far in court when it comes to any witness. If a witness is deemed very credible, what he or she says will be weighed heavily by the jury. If the witness has questionable credibility, what he or she says will likely not be given much weight at all.
There are a number of factors that help to establish the credibility of a witness. They include the following:
- Whether witness statements have remained consistent throughout the entire process
- Whether the witness’ testimony is believable
- Whether the witness lied about any part of his or her story
- The character of the witness
- Whether the witness had an unobstructed view of the scene of the accident
- Whether the witness has a criminal record
- Whether the witness has any bias towards how the claim is resolved
Your attorney may choose to cross-examine a witness who lacks credibility in order to bolster your claim.
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 pay for someone else’s mistakes. Such injuries can be catastrophic and have a long-lasting impact on numerous aspects of your life.
The Michigan car accident attorneys at Miller & Tischler, P.C. can help you to fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!