After being bitten by a dog, you might feel unlucky or one in a million. However, this kind of injury is fairly common—approximately 17,000 dog bite claims are filed in the US each year.
Getting bitten by a dog, or any type of domestic animal, can be very serious. Therefore, anyone who suffers significant injury or distress deserves to be compensated.
Dog bite compensation can be complex depending on the situation. However, with the help of a skilled dog bite lawyer, you can rest easy knowing you or your child will get the justice you deserve.
Below, we outline everything you need to know about Michigan dog bite laws, injury compensation amounts, how liability is determined, and what you need to do next (before time runs out).
How Are Settlements Decided?
All dog bite cases are unique, and there are many factors that contribute to determining the size of a settlement. These settlements can range anywhere from $1,000 to $1 million.
Settlements are dependent upon factors including, but not limited to:
- Size, location, and severeness of scars, cuts, or disfigurements
- Medical treatment or surgery needed
- Psychological and/or emotional damages
- Permanency of injuries
- Amount of lost wages from time off work
- City or state where the dog bite occurred
Because of all these factors, it’s hard to gauge a true average. However, it typically lands somewhere between $30,000 and $50,000.
Who Is Responsible, According to Michigan Dog Bite Laws?
There are a couple ways to determine who is responsible in dog bites incidents, and how much compensation, if any, a victim receives.
If The Dog Was Provoked
One defense that the owner can use is provocation. If you were bitten after provoking the dog, then you may not be compensated. An example of intentional provocation would be hitting or tormenting the dog.
Provocation doesn’t always have to be done intentionally, however. In other words, one may anger the dog accidentally—like stepping on its tail, for example.
If the action would cause a “normal” dog to bite, then it may be considered provocation under Michigan law; automatically dismissing your case.
If The Victim Trespassed
According to Michigan dog bite laws, a dog bite victim may not recover damages if they were unlawfully on private property.
So, even if the victim suffers injury, if they were on someone’s property without their permission and bitten by their dog, the owner may not be liable. However, extenuating circumstances include if the victim was a child, whether or not their fencing is up to city-code, leaving their back gate open, etc.
In Any Other Case, The Owner is Liable
Some states have a “one-bite” rule that relinquishes the owner from liability the first time a dog bites someone. However, Michigan does not.
That means that the dog’s past nature is irrelevant. The dog could’ve been well-behaved its entire life before biting someone. Under this statute, the first bite could result in liability.
In a nutshell: Owners are responsible for dog bite incidents, unless the victim provokes the dog, or has trespassed on private property.
In Michigan, there is a limit for the amount of time a dog bite victim has to file a lawsuit against the owner if they are bitten/injured. The victim must file their claim within three (3) years of the date of the injury.
It’s worth noting that you may plead multiple legal theories for holding the defendant liable in a dog bite claim—you aren’t limited to just one. For example; if a dog comes into your backyard and bites you on your private property, you may plead liability and trespassing.
Additionally, if the dog is known to have previously shown violent behavior, you may also plead negligence. This cites that the owner was clearly displaying carelessness by owning a dog of violent nature.
Dog Bites Are Serious; Get Help From An Experienced Attorney
Getting bitten by someone’s dog is scary, and the added complexities of Michigan dog bite laws make it even more stressful. That’s why you need a skilled, experienced, and compassionate lawyer to help you navigate your case and explain your rights.
If you’ve been bitten by a dog and want compensation, don’t wait for time to run out. Contact the team at Wigod & Falzon today.
Don’t forget; we work on a contingency fee basis, which means no recovery = no fee.
After an injury, you may feel anxious to receive your compensation. However, personal injury settlements can get quite complex. Understanding the process for getting justice and putting the case behind you can make it a little easier.
Keep reading to understand, “how are personal injury settlements paid out?”
How Are Personal Injury Settlements Paid Out?
1. Signing a Release Form
Once your attorneys and insurance company have agreed to a settlement amount, it’s time to sign on the dotted line. You’ll most likely sign several documents, but the most important one is the release.
The release form is a legal agreement between two parties in which one party waives the right to hold the other responsible for damages. This form also releases the at-fault party/insurance company from any future liability or damages.
In some cases, all parties may have a hard time agreeing on the terms of the release, even after they’ve agreed on the settlement amount—this can cause delays in paying out a settlement.
2. Writing and Depositing The Check
Once the signed release goes to the at-fault party’s insurer, they will write a check. Then, the check is made out to you and your attorney and sent to the law firm.
Your settlement money is now in the hands of your legal team. Before you get your money, however, they will deposit it into their legal trust account.
3. Negotiation of Your Debts
It’s fairly common for injured people to owe portions of their settlement to third parties. Often referred to as “liens,” these debts can be negotiated, and your attorney will fight tirelessly to reduce the amount you owe.
Liens against a personal injury settlement often come from:
- Healthcare providers: Health insurance typically won’t cover medical expenses entirely. In cases of serious injuries or long-term care, the costs add up quickly.
- Government health insurance programs: Sometimes, the state has the power to pursue compensation. For example– if Medicaid paid your bills, they have rights to the final settlement, and even to file a claim if the injured person doesn’t pay.
- Group health insurance carriers: If your insurance provider covered your medical bills and filed a lien, you may have to reimburse them for the amount they paid.
Once all liens are agreed upon, your attorney will pay the lienholders out of the settlement funds. It’s worth noting that there can be a large amount of back-and-forth in this step of the process, and it may extend the time it takes to complete the settlement.
4. Receive Your Money
Once all debts, fees, and other expenses are finalized, you will meet with your attorney to finish your case. They will provide a settlement packet, where you’ll find a copy of your release and all of your paid expenses. Then, you’ll review all documents and sign the last of your paperwork.
After that, you will receive your check! This can be done in person or, with the option to have the law firm deposit the insurance check and send you your portion in the mail.
The final step is to relax, and find peace in the fact that you’ve gotten the money and justice you deserve after an injury.
Need Help With a Personal Injury Settlement? Contact Us Today
Now that you know how personal injury settlements are paid out, our attorneys at Wigod & Falzon stand ready to get you what you need and deserve.
We work on a contingency fee basis, which means no recovery = no fee. Rest assured that you’ll be in great hands with an attorney that truly cares about you and your case. Contact us today!
As many as 250,000 people die yearly, and some 370,000 suffer harm because they are misdiagnosed in the emergency room, with doctors failing to identify serious medical conditions like stroke, sepsis, and pneumonia; according to a 2022 analysis from the federal government. And that’s just in the ER!
Medical misdiagnosis occurs when a medical professional fails to correctly diagnose a patient’s condition, leading to incorrect or delayed treatment. This can result in serious harm to the patient, including prolonged pain and suffering, permanent disability, or even death.
In some cases, a medical misdiagnosis can lead to unnecessary treatments or surgeries, which can further harm the patient.
If you or a loved one has been the victim of a medical misdiagnosis, it’s vital to seek legal representation to hold the responsible parties accountable and to get the compensation you deserve for your losses.
A skilled Michigan personal injury attorney with experience in medical misdiagnosis and medical malpractice cases can help you navigate the complex legal process, build a strong case, and fight for your rights.
Types of Medical Misdiagnosis Cases
Medical misdiagnosis cases can be categorized into three main types:
- Total misdiagnosis
- Wrongful misdiagnosis
- Delayed misdiagnosis
Total misdiagnosis occurs when a physician fails to identify the patient’s condition, resulting in a complete lack of treatment.
Wrongful misdiagnosis happens when a physician identifies a condition that the patient does not have, resulting in unnecessary treatments or surgeries that can cause harm to the patient.
Delayed misdiagnosis occurs when a physician fails to identify the patient’s condition in a timely manner, resulting in delayed treatment that can worsen the patient’s condition and cause serious harm. This is especially common in patients with cancer, heart attack, stroke, and other diseases.
In any of these scenarios, medical malpractice has occurred, and a personal injury attorney with experience in medical misdiagnosis cases can help you pursue equitable compensation.
When to Act if You’ve Been Misdiagnosed
Medical misdiagnosis cases can be complex and challenging, and pursuing legal action can be overwhelming. However, seeking representation from a skilled personal injury attorney with experience in medical misdiagnosis cases can help you navigate the legal system and build a strong case.
If you or a loved one has been the victim of a medical misdiagnosis, you should contact a personal injury attorney as soon as possible. There are deadlines for filing a medical malpractice claim, so acting quickly to protect your legal rights is essential. A qualified attorney can help you understand your legal options, gather evidence, and pursue the compensation you deserve.
Examples of the recoverable damages you can expect include but aren’t limited to:
- Current and future medical expenses
- Lost wages or income
- Pain and suffering
- Mental and emotional anguish
- Loss of consortium
- Loss of enjoyment of life
- Scarring or disfigurement
- Wrongful death of a family member
Experienced Michigan Medical Misdiagnosis Lawyers
At Wigod & Falzon, we understand the devastating impact that medical misdiagnosis can have on your life. Our experienced attorneys are here to help you understand the legal system and fight for the compensation you deserve.
With years of experience handling medical misdiagnosis cases, we have the knowledge and expertise to hold negligent medical professionals accountable for their actions.
If you or a loved one has been the victim of medical misdiagnosis in Michigan, don’t hesitate to contact us for a free consultation. We’re here to help you get your life back on track.
From 1953 to 1987, United States service members living at Camp Lejeune in North Carolina were drinking and bathing in water containing toxic chemicals.
According to recent estimates, approximately 1 million people have been exposed to chemicals such as industrial solvents, benzene, and vinyl chloride, among others. All of these substances are known cancer-causing chemicals, and are extremely dangerous to human health.
If you or a loved one has been exposed to contaminated water at Camp Lejeune, you may be able to file a lawsuit to seek compensation. You may be asking yourself, “do I need a lawyer for Camp Lejeune water contamination?”
Luckily, our expert veteran’s disability team can guide you throughout the entire complex process.
Illness and Conditions Caused By Contaminated Water
Exposure to contaminated water, including chemicals such as the ones detected at Camp Lejeune, has inflicted very serious side effects in generations of people.
Side effects include, but are not limited to:
- Adult leukemia
- Aplastic anemia and other myelodysplastic syndromes
- Bladder cancer
- Kidney cancer
- Liver cancer
- Multiple myeloma
- Non-Hodgkin’s lymphoma
- Parkinson’s disease
Currently, these conditions are the only ones for which there is sufficient medical evidence to support presumptions. However, the Veterans Association continues to add new diseases as evidence becomes available.
Camp Lejeune veterans who are experiencing these or other health conditions are encouraged to seek help from a physician, and to file a claim.
*If you’ve been exposed to contaminated water, but don’t have any symptoms indicating potential illness, take the extra step–get a check-up from your doctor to get ahead of any potential health abnormalities.
Who Can File A Lawsuit?
The qualifications for filing a Camp Lejeune water contamination lawsuit are as follows:
Under the law, anyone who “resided, worked, or was otherwise exposed” to Camp Lejeune drinking water for 30 days or more between August 1, 1953, and December 31, 1987, may be eligible to file a claim for damages. This includes:
- Military veterans who served at Camp Lejeune during the above period
- Family members of veterans who lived on the base
- Civilians workers who lived or worked on the base
What is the Process for Getting Benefits?
In order to qualify for compensation, you first need to file a claim. This requires some evidence via documentation. The proper documentation is as follows, depending on how you were affected.
- A document proving your relationship to the veteran who served on active duty for at least 30 days at Camp Lejeune (i.e. a marriage license, birth certificate, or adoption papers)
- A document proving that you lived at Camp Lejeune or MCAS New River for at least 30 days from August, 1953 through December, 1987 (i.e. utility bills, base housing records, military orders, or tax forms)
- Medical records that show you have one of the conditions listed above. *These records also need to include the date of your diagnosis, and that you’re being treated or have been treated in the past for this illness.
Additionally, you’ll need to provide evidence that you paid health care expenses for your condition during one of the time periods listed below:
- Between January 1, 1957, and December 31, 1987. *If you lived on Camp Lejeune during this time period, you can be reimbursed for care received on or after August 6, 2012, and up to 2 years before the date of your application.
- Between August 1, 1953, and December 31, 1956. *If you lived on Camp Lejeune during this time period, you can be reimbursed for care received on or after December 16, 2014, and up to 2 years before the date you apply for benefits.
If You’ve Been Affected by the Camp Lejeune Water Contamination, Contact Us Today
You’ve served our country; now let us serve you. If the Camp Lejeune water contamination has affected the health of yourself or a loved one, contact us today.
We’ll guide you through the rigorous claims and documentation process, and help you navigate both the legal system and the Veterans Affairs Department, to get you the compensation you and your family deserve.
Wondering what to look for in a personal injury lawyer? Finding the correct representation for a personal injury case can be tough, when there are so many options out there. In fact, there are currently over 62,000 personal injury law firms in the U.S.— an increase of over 4% from 2022.
It’s important to find the right lawyer for your case, as you need someone who understands your rights and can help you get the compensation you deserve. Plus, you need to hire a lawyer who works on a contingency fee basis, which means that they don’t get paid until you do.
Below, we highlight the typical responsibilities of a personal injury lawyer, and what to keep in mind when looking to hire one.
What Types Of Cases Do These Attorneys Typically Handle?
Typically, a qualified personal injury attorney should handle the following types of cases:
- Automobile accidents, including car accidents, truck accidents, motorcycle accidents, and pedestrian accidents
- No-fault medical provider collection
- Social security disability
- Personal injury, including slip and fall accidents, dog bites, and assigned claims cases
- Wrongful death
- General civil litigation
- Veterans injury cases
Through all of these different cases, a skilled personal injury attorney should provide guidance, investigate claims, gather evidence, negotiate with insurance companies, and more.
How Much Does It Cost To Hire A Personal Injury Lawyer?
Nothing! Unless they win your case.
Let’s not sugarcoat it; personal injury cases are expensive. It’s difficult for most people to come up with the money for lawyers, court fees, expert witness fees, and more.
Before signing any contracts or agreements, make sure you understand the costs of your case—and don’t be afraid to ask your attorney what each fee is for!
This is why our team works under a contingency fee agreement. This means that we require no money from a client to start a case. Instead, we take a percentage of the client’s final settlement or court award as their payment, and nothing if the client doesn’t win a settlement or jury verdict.
Simply put, no recovery = NO FEE.
Top Tips For Hiring A Personal Injury Lawyer
There are several things to consider when looking for the right personal injury lawyer. Here are just a few tips:
- Make sure they have experience with cases like yours, and that they’re licensed to practice law in your state. Making sure your lawyer is experienced and qualified is vital.
- Get referrals from friends or family members, or look at online reviews. Asking around to get the opinions and experiences of others can help move your decision in the right direction.
- Be sure to contact several lawyers before making a decision. It’s good to hear from different lawyers to get a variety of opinions, tactics, and processes for your justice.
- Most importantly; ask questions. Finding the right lawyer to fight for you is a big deal. Don’t be afraid to ask questions! The right lawyer will be happy to help give you any information you need to get you through the process, and they should make you feel comfortable working with them.
Call Us—We’ll Get You Justice
Since 1997, our experienced personal injury attorneys work every day to protect victims of injury accidents and fight for their rightful benefits, settlements, and judgments in compensation for the injuries they have suffered.
Plus, we work on a contingency fee basis. This means the attorney fee and costs of handling the case will be paid with a percentage of the settlement or judgment the client receives from their personal injury case.
Simply put, no recovery = NO FEE.
Reach out to our expert legal team today for a free, no-commitment consultation.
Ever wonder, “what does a personal injury lawyer do?”
Most people think that personal injury attorneys only represent clients who have been injured. However, personal injury law includes all aspects of law designed to protect individuals from harm or injustice due to negligent or intentional acts by other parties.
This could include an auto accident, a workplace injury, medical malpractice, premises liability, slip and fall, or animal bites and attacks. In addition, a personal injury attorney can help you get compensation for medical bills, lost wages, pain and suffering, and more.
You benefit from their legal expertise and experience when you hire a personal injury lawyer. An experienced attorney will be familiar with the state laws, insurance policies, and procedures that govern personal injury claims.
This can help them create a strong case on your behalf, negotiate settlements with insurers, and take your case to court if necessary.
What Does a Personal Injury Lawyer Do?
Working with a personal injury attorney can provide you with the guidance and legal expertise necessary to handle your case correctly and efficiently.
Experienced personal injury lawyers offer valuable insight into the best course of action for your particular case. Furthermore, they can protect your rights and help you get the justice and compensation you deserve.
Depending on the type of case and area of law, personal injury attorneys help with several activities, including:
Personal injury attorneys help their clients navigate the legal process following an accident or injury. They explain to the clients their rights and the potential outcomes of their case, as well as the compensation they may be entitled to.
Investigating Claims and Gathering Evidence
Personal injury attorneys conduct a thorough examination of the accident or injury that their client has suffered. This includes gathering any police reports, medical records, and witness statements related to the incident.
They may also visit the scene of the accident to gather additional evidence, such as photographs and physical evidence. Additionally, they may retain experts, such as accident reconstructionists, to help build their client’s case.
File a Claim
Filing a claim is the process of making a formal request for compensation following an accident or injury. A personal injury attorney will provide the client with the necessary forms and instructions, and assist them with gathering the necessary evidence and documentation to support the claim.
Negotiate with Insurance Companies
Personal injury attorneys will present evidence and information to the insurance company and negotiate a settlement that is acceptable to the client.
This can include negotiating the amount of compensation for medical expenses, lost wages, and pain and suffering.
Represent You in a Settlement or Court Trial
In the event of a trial, the attorney will present evidence, call witnesses, and make arguments in front of a judge or jury to prove their client’s case. They will also cross-examine witnesses for the opposing side and work to discredit any evidence that is harmful to their client’s case.
The attorney will also work to ensure that their client’s rights are protected throughout the legal process, and that they are treated fairly and justly by the court. They will also provide advice and guidance to the client throughout the trial, and keep them informed of any developments or decisions that are made in their case
Cost of a Personal Injury Attorney
The cost of hiring a personal injury attorney depends on the circumstances of your case. Generally, an attorney will charge you a fee based on the complexity of the case and the time they need to put into it.
There are a few other factors to consider when looking at the cost of a personal injury attorney, such as whether the attorney represents you on a contingency fee or hourly rate basis.
In addition to attorney fees, other costs may be associated with your personal injury case, such as court fees and expert witness fees. Make sure you understand the costs of your case before signing any contracts or agreements.
Wigod and Falzon work on a contingency fee basis. This means the attorney fee and costs of handling the case will be paid with a percentage of the settlement or judgment the client receives from their personal injury case.
No Recovery = NO FEE.
So if for some reason there is no recovery, there are no fees or costs owed or paid to the attorney. And fees paid won’t be taken until the conclusion of your case.
Benefits of Working with a Personal Injury Attorney
Working with a personal injury attorney can be one of the most critical steps you take when seeking financial compensation for your injuries or losses.
A qualified attorney has the experience and knowledge necessary to ensure that your rights are protected and that you receive the compensation you deserve. An experienced lawyer is also beneficial because they know how to deal with insurance companies and their tactics.
At Wigod & Falzon, our experienced team of personal injury lawyers in Detroit, Michigan, is well-versed in Michigan personal injury law. We treat our clients with integrity and respect and guide you every step of the way. You can count on us to pursue every avenue available to ensure you receive total and fair compensation for your injuries and losses.
Reach out to our legal team today for a free, no-commitment consultation.