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Personal Injury

Michigan Brain Injury Wrongful Death Amputation Attorney

Accidents happen suddenly and without warning.  They may leave you injured, in pain, or unable to work.  Not only is this frustrating, but it may leave you in fear of being able to provide for your family.   With the proper legal representation, you may receive the compensation your situation deserves.  Allow the staff of the Law Offices of Richard J. Stolcenberg to provide considerate and effective service to gain the results you desire.

Injuries can be devastating not only to the victim, but to the victim’s family as well.  If you have been injured in an auto, truck, or motorcycle accident, I can help secure the best possible recovery to ensure the future successes of your family.

Has a member of your family died as a result of an accident?  Do you believe someone else is liable for the death?  No one should have to pay, in more ways than one, for the careless actions of another.  Let me pursue the wrongful death case on your behalf.

Brain injuries, fractures, soft tissue and other catastrophic injuries can wreak havoc on your already hectic life.  You should not have to deal with issues arising from your accident on your own.  Let me help you sift through the paperwork and traverse the convoluted Michigan No-Fault laws.

I take physical limitations and permanent injuries resulting from preventable events very seriously.  Your life is changed in a moment and any recourse may seem out of reach.  They aren’t.  Reclaim your life and take one step closer to recovering from your injury.   

For more information, to schedule a free consultation, or to take one step toward a piece of mind, contact me as soon as possible.  Your unique situation and case are important to me.    

Commercial Truck Accidents

“The law should be a shield for the weak and powerless, not a club for the powerful.”- Roy Barnes

According to the National Transportation Safety Board, the majority of truck related accidents occur on straight, level, dry, paved roadways during typical workweeks. The majority of these accidents do not involve drugs or alcohol.  How then do these tragic and life changing accidents occur on such a frequent basis?  In many instances, they occur because truck drivers are pushed to drive when they are tired or distracted, they drive too fast, drive aggressively, or become desensitized to the grave perils they create for the average automobile occupants with whom they share the roadway.

If you are involved in a collision of any kind, the first and most important thing to do is call for medical and police assistance. Never leave the scene and it is best if you do not move your vehicle. If there are any disputes over the way the collision occurred, placement of the vehicles will often times assist the police and others in reconstructing the accident to determine exactly what happened. If you have a camera in your car, take pictures of the damage to the vehicles, and the position of the vehicles.

If you can, attempt to locate people who may have witnessed the collision. Get their name, address and telephone number. Exchange information with the other driver, such as insurance information and driver’s license information. Be sure you know which police department investigates the collision (i.e. City Police, County Sheriff or State Police) so you know from whom to request the police report. If the tractor or truck is not drivable from the scene of the crash, find out where it was taken since almost all of the “newer” semi-tractors have “Black Box” recording devices that will show what the unit was doing (speed and breaking) just before the crash.

What You Can Do

Any traffic accident involving a commercial truck is likely to result in serious physical injury and property damage. In the event that you or a loved one are involved in such an accident, you should consult an experienced attorney to ensure that your claim is properly assessed and your case adequately handled. Especially in light of legal deadlines for filing lawsuits, meeting with an attorney as soon as possible is the best way to protect your rights.

If you or a loved one are the victim of a large truck crash in Michigan and wondering what to do, I urge you to not wait another minute to get someone working on your behalf. The trucking company has already been at it for hours, if not days. We are here to help. Contact our office today.

Motorcycle Accidents

“The law should be a shield for the weak and powerless, not a club for the powerful.”- Roy Barnes

No Fault Claims

No-fault benefits are generally available to Michigan motorcycle accident victims. These are benefits for economic issues. No-Fault benefits for those injured in motorcycle accidents are designed to provide medical benefits, wage loss, attendant care and replacement services to those injured in a motorcycle accident. No-fault benefits allow for the economic survival of the seriously injured. Michigan law only allows one year to establish a proper claim for these benefits and to secure necessary payments.

Determining the proper insurance company responsible for paying No-fault benefits to a Michigan motorcycle accident victim can be complicated. An over simplified list of priorities is as follows:

1st Priority – is to the insurer of the owner of the motor vehicle involved in the Michigan motorcycle accident, if none then…

2nd Priority – is to the insurer of the operator of the motor vehicle involved in the Michigan motorcycle accident, if none then…

3rd Priority – is to the motor vehicle insurer of the operator of the motorcycle involved in the Michigan motorcycle accident, if none then …

4th Priority – is to the motor vehicle insurer of the owner of the motorcycle involved in the Michigan motorcycle accident, if none then …

5th Priority – is to the Assigned Claims Facility

Third Party Claims

The most obvious claim available to those seriously injured in a Michigan motorcycle accident is that arising from the negligence of the at-fault car or truck in the collision. Most Michigan motorcycle accidents are the fault of negligently driven automobiles.

Michigan law requires that a lawsuit against an at-fault driver/owner in a car or motorcycle collision be filed within 3 years of the date of the Michigan motorcycle accident. In Michigan, such a claim would be for non-economic damages such as pain and suffering if the injured individual’s injury results in a “serious impairment of an important body function” that affects that person’s ability to lead his/her normal life.

The Michigan law permits you to make a claim against the at-fault driver for these “human losses” (or non-economic losses) under limited circumstances. First, you must have been seriously injured. The law defines serious injury as “death” or the “serious impairment of an important body function” that affects a person’s “ability to lead his/her normal life” or “permanent serious disfigurement”. Second, i t is necessary for the injured party to demonstrate that the person being sued was “negligent” as defined by Michigan law. Finally, the injured party cannot be more than fifty percent (50%) at fault in the accident.

The extent of the physical limitations caused by your injury and the duration you will suffer with these limitations are important factors in deciding if your injury qualifies as a “serious impairment of a body function” under the No-fault statute. This is a complex determination that looks at how an injured person’s life has changed as result of the injuries from a crash. The extent to which the physical limitations have affected your life should be documented by your health care providers through written medical restrictions. The law in this area is constantly changing.

If you have suffered “serious injuries” and another person is 50% or more at fault in the crash, you should seek the help of an attorney experienced in Michigan No-fault law. This is the only way to make sure your rights will be protected. The Law Offices of Richard J. Stolcenberg has been protecting the rights of people who have been seriously injured or died in motorcycle and auto crashes and their families for more than twenty years.

Michigan Motorcycle Accident Law

500.3103 Owner or registrant of motorcycle; security required; offering security for payment of first-party medical benefits; rates, deductibles, and provisions.

Sec. 3103.

History: Add. 1975, Act 329, Eff. Mar. 31, 1976 ;--Am. 1977, Act 54, Imd. Eff. July 6, 1977 ;--Am. 1980, Act 445, Eff. Jan. 15, 1981 ;--Am. 1986, Act 173, Imd. Eff. July 7, 1986 .

Constitutionality: The legislative scheme which allows motorcyclists to receive no-fault benefits for personal injuries without requiring them to maintain no-fault security does not deny automobile drivers equal protection or due process of law. Underhill v. Safeco Insurance Company, 407 Mich. 175, 284 N.W.2d 463 (1979).

A. 3103(1); Mandatory Liability Insurance for Motorcycles

B. 3103(2); Optional No-Fault Insurance for Motorcycles

Events resulting from a Michigan motorcycle accident are often the subject of litigation. To protect your legal rights following a Michigan motorcycle accident resulting in injuries, it is generally wise to consult a Michigan motorcycle accident attorney who is experienced in such matters.

In Michigan, an experienced attorney will help "level the playing field" by providing motorcycle accident victims with information regarding the practical and legal aspects of Michigan personal injury law. The Law Offices of Richard J. Stolcenberg has been protecting the rights of individuals who have been seriously injured or died in motorcycle and auto crashes and their families for more than twenty years.