Failey Law PLC Failey Law PLC 2025-03-31T11:51:59Z https://www.billfaileylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1102889/2019/04/cropped-site-icon-32x32.jpg On Behalf of Failey Law PLC <![CDATA[What factors affect the payout of a wrongful death suit?]]> https://www.billfaileylaw.com/?p=50469 2022-07-29T16:37:11Z 2022-07-29T16:37:11Z wrongful death cases.

Jury perception

In major trials, jurors determine whether a litigant prevails. Every person has personal perspectives that color their views of the world. Jurors assessing a wrongful death bring their unconscious biases to their decision-making process. A hefty reward is more likely if they perceive the deceased as being a good person.

Insurance coverage

The amount of insurance held by the defendant plays a critical role. Different policies have specific payouts depending on circumstances. Going to court only makes sense if the family wants more than what the insurance policy provides. A figure less than this results in no extra payment.

Jurisdiction location

Rural areas often execute the law differently than their urban counterparts. Territories might determine how quickly a case goes to trial, as well as how high the bar of proof goes. State laws often complicate matters.

Evidence admission

Judges have much discretion about what they allow in their courtrooms. Prosecutors can have the most incriminating statements and proof taken from their quivers. Absent this ammunition, winning becomes much more difficult. Every wrongful death case is different. Even among ones that deserve compensation, dollar values vary wildly. Knowing the reasons for their conclusions enhances understanding that brings closure.]]> On Behalf of Failey Law PLC <![CDATA[Motorcyclists need a plan for the worst-case scenario]]> https://www.billfaileylaw.com/?p=50399 2022-07-18T08:22:45Z 2022-05-06T20:11:57Z Statista, Michigan has over 237,000 registered motorcycles out of 8.32 million units total in the United States. Though this is a large number, many motorists still do not pay proper attention to motorcycles on the road. If you want to take your bike out this summer, have a plan in place in case of an accident.

File a police report

After an accident, the first thing you need to do is file a police report. A report takes care of several things. It documents the at-fault driver's name and insurance information; it gathers witnesses and ensures you get your side of the story on record. Michigan is a No-Fault state, so the sooner you file a report, the better it will be for your insurance claim.

Document every injury

Motorcycle accidents are hazardous. Do not withhold any pain or injury that you suffered from the crash. Besides the legal ramifications, doctors need to know every symptom you experience to treat you properly.

Do not give a statement

After the accident, it may be challenging to think clearly. Do not give any statements to the other driver’s lawyer or insurance company. They do not have your best interest in mind. Consult with your lawyer before making any statements that may damage your ability to seek damages. A motorcycle crash can lead to catastrophic injuries and medical bills. Be prepared with good insurance coverage before you take your bike out this summer, and have a plan in place for the aftermath of an accident.]]> On Behalf of Failey Law PLC <![CDATA[The required car insurance policies in Michigan]]> https://www.billfaileylaw.com/?p=50398 2022-07-18T08:22:55Z 2022-02-02T21:28:47Z MCL 500.3101(1), you must purchase No-Fault insurance when a motor vehicle registers within the state of Michigan and you plan to drive it on a highway. How much insurance do you need to buy?

Property protection insurance (PPI)

Property Protection Insurance or PPI covers damage you inflict on tangible property. This includes buildings, parked cars, fences, etc. Michigan policies have a minimum requirement of one million dollars in coverage.

Personal injury protection (PIP)

If you suffer an injury in a car accident, PIP helps with medical expenses. No matter how the accident occurs, No-Fault PIP insurance will cover a certain amount of damages. It also kicks in to help with wages lost from missing work. In Michigan, most drivers must carry at least $250,000 in coverages.

Bodily injury liability (BI)

BI insurance helps with medical costs if you injure someone else in a car accident. The minimum for BI is $250,000 for one victim. However, you should consult with your attorney to decide what amount is right for your situation.

Property damage (PD)

If you get into an accident outside of Michigan, property damage insurance helps cover the costs. The minimum amount for PD is $10,000, but you may want to carry more. Insurance laws vary depending on which state you travel to, meaning you may be liable for more damages. Do not drive any vehicle on Michigan highways without the proper insurance coverage. Remember, the minimum amounts might not be enough for your commuting needs. Consider your options carefully before you commit to one plan or another.]]> On Behalf of Failey Law PLC <![CDATA[How to proceed after a wrongful death]]> https://www.billfaileylaw.com/?p=50383 2022-07-18T08:23:03Z 2021-11-09T02:01:15Z statute of limitations of two years to file a lawsuit for wrongful death. Act immediately to ensure the appropriate parties receive compensation for wrongful termination. If you recently lost a loved one to wrongful death, continue reading this article to learn how to proceed.

Determine the victim's assets

Once you decide a wrongful death occurred, you must establish a probate estate. This represents any assets of the diseased that are subject to distribution. If there is a will, the process of distributing assets is much easier.

Calculate damages

Next, you need to determine the eligible compensation amount. Michigan legislature says payouts can be for medical expenses, suffering felt by the victim and wages lost. The initial amount negotiated for might not represent the final payment. Your compensation also depends on the defendant's financial ability to pay.

What to expect

Your lawyer will gather the necessary information for the lawsuit. It is likely your wrongful death suit will result in a settlement. If the case goes to court, it will occur in the county you filed in unless there are federal issues. You can expect a period ranging from several months to several years for the case to resolve. If you do not win the case, it is difficult to appeal. Your lawyer will only recommend appealing if more information about the matter surfaces. Financial compensation cannot replace the loss of a death caused by negligence. With the appropriate actions, though, you can begin to repair some of the damages suffered.]]> On Behalf of Failey Law PLC <![CDATA[Common causes of motorcycle accidents]]> https://www.billfaileylaw.com/?p=50347 2022-07-18T08:23:11Z 2021-07-30T21:32:40Z Hazardous road conditions Vehicles can slide more easily on slick or icy surfaces than dry ones. Your motorcycle may become less responsible on wet terrain, so monitor weather reports and try to plan your trips accordingly. Roads full of potholes, cracks or debris can be treacherous to navigate. Dirt roads may be uneven or muddy and can contribute to unsafe driving conditions. Slow down when navigating unsafe roads and consider taking a safer route even if it is longer.

Human error

Everyone makes mistakes sometimes, but when errors occur while driving, they can lead to serious consequences. Even if drivers are trying to pay attention, they may not notice motorcyclists. If that is the case, drivers may change lanes or turn into traffic without noting their position. When you are on your motorcycle, watch for parked vehicles. Doors may swing open unexpectedly or a person or animal could enter the road without warning.

Reckless driving

Reckless driving includes excessive speeding, changing lanes without using an indicator or willfully doing anything that is likely to injure someone or damage property. Avoiding drivers who are aggressive or display dangerous driving techniques can help you prevent an accident. While it may not be possible to prevent every accident, you can decrease the danger by driving defensively and avoiding unsafe conditions whenever possible.]]> On Behalf of Failey Law PLC <![CDATA[Who pays for the injuries you suffer in a collision with a truck?]]> https://www.billfaileylaw.com/?p=50344 2022-07-18T08:23:16Z 2021-05-07T00:01:13Z If you drive in and around Grand Rapids, you undoubtedly encounter dozens or even hundreds of tractor-trailers. After all, I-196, I-96 and Highway 131 are major routes for interstate commerce. If you collide with a commercial vehicle, though, you are at risk of suffering serious and life-altering injuries.   In 2019, 160,000 individuals required medical treatment following truck accidents in the U.S. Most of these were not truck drivers or their passengers. While accident-related medical care and related expenses can be costly, you may have some options for seeking financial compensation.  

Commercial truck drivers

Like all other drivers, commercial truckers have a legal duty to drive reasonably. If a driver breaches this duty and causes an accident, you may be able to use a negligence theory to pursue compensation. In the interim, your no-fault car insurance or health care coverage may help you pay mounting medical bills.  

Commercial trucking companies

If you suffer serious bodily injury or disfigurement in a truck accident, the truck driver may simply not have the financial resources to pay for your costly damages. The commercial trucking company that employs the driver probably has deeper pockets.  

Third-party vendors

While the actions of a commercial trucker or trucking company may have caused or contributed to the accident, third-party vendors may also bear some responsibility. If a mechanic's error played a role in the crash, you may have a valid legal claim against the mechanic. The same may be true for a parts manufacturer or supplier who sold defective components.   Ultimately, you should not have to pay for the catastrophic consequences of someone else's actions. By exploring every individual and entity who may have contributed to the accident, you may boost your chances of receiving the compensation you need to move forward with your life.  ]]> On Behalf of Failey Law PLC <![CDATA[5 mistakes to avoid after being in a car accident]]> https://www.billfaileylaw.com/?p=50318 2022-07-18T08:23:26Z 2021-02-05T14:15:44Z
  • Not reporting the accident to police and making a police report. You always want to have documentation of what happened when your accident occurred. You may think you didn’t suffer an injury, but then a couple days later, you have debilitating back or neck pain. You need a police report to make an insurance and personal injury claim.
  • Admitting fault for the accident. Even though Michigan is a no-fault insurance state (meaning your insurance likely will cover any damage and injury costs), you shouldn’t admit fault for the accident. You shouldn’t even say comments like “I didn’t see them. I tried to slow down.” First, you may not be at fault for the accident. Second, you can hamper your ability to getting maximum insurance benefits if you admit fault for the accident.
  • Not seeking medical attention for your injuries right away. You always should seek medical attention after an accident and if you notice injury symptoms the next day or a week later. You need documentation of what your injuries are and how serious they are to get proper compensation in your injury claim.
  • Not making your own documentation of the accident. If you can, you should write down everything you remember about the accident right after it happened. You also should take photos of the accident scene with your cell phone. Your documentation could help show what really happened in the accident.
  • Accepting a quick settlement for your injuries without consulting an attorney. Often, insurance companies offer small settlements just to settle your injury claim quickly. However, you may not receive enough money to cover your full medical bills and recovery costs with a quick settlement. You should consult a personal injury attorney before you accept an injury settlement.
    • By avoiding these mistakes after a car accident, you protect your best interests. You help ensure you will get the compensation you need for your injuries and to replace your vehicle. You also can avoid extra hassles as you recover from your accident and move forward with your life.]]>         On Behalf of Failey Law PLC <![CDATA[What are common causes of fatal car crashes?]]> https://www.billfaileylaw.com/?p=50079 2022-07-18T08:23:37Z 2021-01-22T23:23:18Z Car accidents range from minor fender-benders to deadly all over the country. Crash data suggests that some of the same causes often cause fatal crashes as any other accident type.  When vehicles crash, what often factors into the reason behind it? While some data suggests that a collision with a fixed object, such as a pole or guardrail, accounts for some of the fatalities, most often, the cause is a crash between two motor vehicles. Learn about the top contributors to these types of horrific and catastrophic crashes. 

    Driving distracted

    To ensure everyone's safety on the road, drivers need to concentrate. When the attention wanes for even a few seconds, it may result in a failure to see the danger up ahead. Distracted driving has become the most cited reason for crashes, both fatal and non-fatal. Checking text messages, emails and social media accounts diverts the driver's eyes for an average of six seconds. In that time, a vehicle traveling at 55 miles per hour can go the length of three football fields. 

    Driving intoxicated

    Drunk or intoxicated driving used to hold the top spot for crashes, especially fatal ones. When a person drinks any alcoholic beverage, there is a chance of impairment. While researchers have conducted studies on the amount of alcohol needed to quantify someone as drunk, there are too many variables involved for any kind of uniformity. As such, law enforcement has established roadside sobriety challenges and breath tests to determine a driver's impairment.  When a driver is not at his or her best behind the wheel, it may have disastrous and fatal consequences. Staying off the phone and free of chemical influences may go a long way to reducing crashes. ]]>         On Behalf of Failey Law PLC <![CDATA[3 FAQs about Michigan’s new no-fault insurance law]]> https://www.billfaileylaw.com/?p=50076 2022-07-18T08:23:41Z 2020-10-20T00:36:11Z In Michigan, car owners must purchase no-fault auto insurance to drive legally in the state. Under the no-fault system, individuals involved in a motor vehicle accidents seek monetary recovery from their own insurance company, regardless of which driver may have caused the collision.  In the past, Michigan drivers needed to purchase a policy with unlimited Personal Injury Protection. However, a new state law that went into effect on July 1, 2020, allows individuals buying or renewing a policy to choose a lower limit on PIP coverage. 

    1. What is PIP?

    Personal Injury Protection is the part of an auto insurance policy that pays for approved medical expenses that are necessary for recovery as well as lost wages and other benefits. 

    2. What are the new PIP coverage caps?

    For policies issued on or before July 1, 2020, PIP provided unlimited payments for medical costs and a portion of lost income for up to three years.  For plans issued or renewed after July 1, 2020, drivers may choose between different levels of coverage: 
    • Unlimited coverage with no cap on medical expenses 
    • A cap of $500,000 per accident, per person 
    • A cap of $250,000 per accident, per person 
    • A cap of $50,000 per accident, per person (if the insured has Medicaid) 
    Drivers with Medicare may also be able to opt out of PIP coverage entirely. 

    3. What if medical expenses exceed coverage caps?

    While these new coverage options may offer lower premiums, when an auto injury is severe, a cap on medical costs could prevent individuals from receiving the care needed to fully recover.  Even under Michigan’s no-fault system, individuals whose medical expenses exceed their PIP coverage may be able to receive compensation from another driver if that driver caused serious bodily injury, disfigurement or death. ]]>         On Behalf of Failey Law PLC <![CDATA[A pit bull’s saliva may be just as dangerous as its teeth]]> https://www.billfaileylaw.com/?p=50069 2022-07-18T08:23:46Z 2020-07-24T20:33:44Z Capnocytophaga, in their mouths. While the bacteria is not always dangerous to humans, it may result in a life-threatening infection. Therefore, you must understand if you are at higher risk of a serious illness after a pit bull attack.

    Bacteria exposure

    You may encounter Capnocytophaga in a few different ways. First, a dog may introduce the bacteria into your bloodstream when biting you. Because pit bulls regularly transfer bacteria from their mouths to their paws, though, a scratch may also be enough to expose you to the bacteria. You may also contract an illness from the bacteria just by petting a dog.

    At-risk individuals

    With healthy individuals, the Capnocytophaga bacteria is not usually much of a health risk. After all, the human immune system is usually capable of fighting off the bacteria without antibiotics or other medical intervention. Nevertheless, some individuals are at increased risk of serious illness after Capnocytophaga exposure. If you have a compromised immune system because of diabetes, cancer or another serious illness, you may be in danger. The same is true if you have had your spleen removed.

    The importance of a medical examination

    With about 20% of dog bites, individuals require immediate medical care. It is always a good idea to seek a full medical examination after a dog attack, though. Your doctor can use diagnostic tests and other tools to determine if you have developed a bacterial infection. If you have a bacterial infection after a pit bull attack, your doctor may prescribe antibiotics or other therapies. Nevertheless, because an infection can be life-threatening, it is vital for you to rule out Capnocytophaga illness as soon as possible after a dog bite.]]>