FAQ

Q:What kind of compensation can I expect if a family member is killed by a drunk driver?

A

Having a loved one killed by a drunk driver is one of the most difficult things anyone can experience. Not only do you have to deal with the prospect of life without that person, but you also have to come to terms with the fact that he or she was needlessly killed by someone else’s negligent actions.

Drunk drivers who cause fatal accidents will most likely face criminal charges. However, you may also be able to bring a civil suit against them, recovering damages for your loss. This financial compensation may cover funeral costs, lost wages or earning potential, emotional pain or suffering, and more.

However, the amount of compensation depends on your individual circumstances, varying widely from case to case. The best way to learn how much financial compensation you may be able to earn is to request a free consultation with a Michigan wrongful death lawyer. Call us today at (866) 354-5544 for more information.

Q:If I am seriously injured in an auto accident can I collect damages for my pain and suffering?

A

In Michigan, a lawsuit against the at-fault driver or owner of the at-fault vehicle(s) may be filed to compensate the person seriously injured. This is known as a third party claim, and it must be filed within three years from the date of the accident. You should contact an experienced auto negligence attorney as soon as possible if you are seriously injured in an accident to protect your ability to file a lawsuit and to collect and preserve evidence you may need to win your case.

Q:How long do I have to file a Michigan medical malpractice case against a Michigan hospital?

A

The time limit for filing a lawsuit is called the “Statute of Limitations”. The general rule for medical malpractice cases is that a patient has two years from the date of the malpractice to file a lawsuit against all negligent health care providers. There are some exceptions to this rule, including cases for children or those involving wrongful death, and whether the hospital committing the malpractice is a state-run institute. It is important to contact an experienced Michigan medical malpractice attorney immediately if you suspect that malpractice has occurred so that your right to sue is not taken away by virtue of the Statute of Limitations.

Q:What compensation can I expect to recover after a head injury?

A

A head or brain injury is one of the worst possible injuries that can occur in a Michigan car accident, leaving you and your family to deal with the consequences for years or even the rest of your life. This is especially the case if your crash was caused by a negligent driver, who may have been drunk or distracted at the time of the accident.

If a negligent driver caused the wreck that led to your injury, you may be able to recover damages. Though the exact amount of your settlement or verdict will depend on your individual circumstances, you may be able to earn compensation for your medical bills, ongoing care, missed time at work, and pain or emotional suffering.

The best way to learn more about what you may be eligible to recover is by requesting a free consultation with a Michigan car accident lawyer that you trust. You can call The Thurswell Law Firm toll free at (866) 354-5544 for more information about your legal rights.

Q:Can the truck driver be held liable for my Michigan truck accident? What about the trucking company?

A

Both truck drivers and trucking companies are fully responsible for the harm they cause through unsafe policies or negligent driving. Personal injury laws are designed to protect the rights of the victims of Michigan truck accidents, allowing them to recover damages for their medical costs and more.

There can be a number of causes of Michigan truck accidents and a number of people who can be at fault. The best way to learn more about your legal rights after a wreck is to speak with a Michigan truck accident lawyer as soon as possible. Call 866-354-5544 for a free consultation today.

Q:How do I find the best lawyer for my case?

A

If you have been injured in a Michigan motor vehicle accident that was caused by a negligent driver, you may be eligible to recover damages from the crash. This can include compensation for your medical bills, ongoing care and treatment, or permanent damage, and even pain or emotional suffering.

You can call The Thurswell Law Firm toll-free at (866) 354-5544 to learn more. One of our lawyers will be the best for your case.

Q:What kinds of injuries can I recover damages for?

A

There are many injuries that can occur as the result of Michigan car accidents caused by negligent drivers. You may be able to receive financial compensation for every one of them, including:

  • Burns or lacerations;
  • Broken bones;
  • Back or neck injuries;
  • Head or brain injuries;
  • Loss of life.

For more information on how you can recover damages after an accident, call the Michigan car accident attorneys at The Thurswell Law Firm toll-free at (866) 354-5544 today.

Q:Can I collect benefits even if I was at fault in the accident?

A

Michigan is a No-Fault state and you are entitled to No-Fault benefits (also known as first party benefits) no matter who was at fault in causing the accident. However, if you are the driver of a vehicle registered in Michigan, which you own and it is not insured you may not be able to collect No-Fault benefits. You should always check with an attorney experienced with the Michigan No-Fault laws to determine if you are entitled to benefits and from whom. Under Michigan law, in general, you only have one year from the date of the accident to file a lawsuit or collect the No-Fault benefits to which you are entitled.

Q:What are my rights if I was prescribed the wrong medicine?

A

Medication mistakes are a common and dangerous form of Michigan medical malpractice. Negligent doctors or nurses may misdiagnose your condition, give you the wrong medicine, give you the wrong dosage, or prescribe a medicine to which you are allergic.

In these cases, you may be able to recover damages from the negligent medical professionals. This financial compensation may cover your additional medical bills, any needed therapy or ongoing care, lost wages for missed time at work, and much more.

To learn about your legal rights in these cases, contact the Michigan medical malpractice attorneys at The Thurswell Law Firm today. You can schedule a free consultation about your claim by calling us toll-free at (866) 354-5544.

Q:What can I do if I was a victim of malpractice during surgery at a Michigan hospital?

A

Under Michigan law, a patient can sue a hospital under limited circumstances. If the malpractice was committed by a hospital employee, then the patient can sue the hospital. This includes cases where negligence is committed by nurses, radiologists, anesthesiologists, emergency room physicians, and other hospital employees. If the malpractice was committed by a surgeon who was not directly employed at the hospital, then it depends on a number of factors, and the hospital is only liable under certain circumstances. It is important to contact an experienced Michigan medical malpractice attorney at The Thurswell Law Firm to make this determination.

Q:Can I collect money if a Michigan hospital made a medication mistake by giving me the wrong dose during my admission and it caused me to suffer serious medical problems?

A

Yes. If you were given the wrong drugs or an overdose of medications in the hospital, and this caused you injuries or further complications, you may have a medical malpractice case against the hospital.

Q:Can I file a medical malpractice case in Michigan if my doctor failed to diagnose cancer at an early stage?

A

In order to win a case for the failure to timely diagnose cancer, it must be proven through expert testimony that the delay in treatment has significantly affected your outcome. These cases present many challenging medical and legal issues. If you feel that you or a loved one was a victim of this type of medical malpractice, contact an attorney at The Thurswell Law Firm immediately to investigate your case.

Q:Do I need a lawyer to help with my Erb’s palsy medical malpractice case?

A

If your child struggles with Erb’s palsy as a result of negligence on the part of the doctors or nurses who assisted in the delivery, then your family may be eligible to recover damages for your costs.

Michigan birth injury cases are very complex. They require medical and legal knowledge far above what most people understand. The insurance companies, whose goal is to pay you as little as possible, may use tricks and tactics that inexperienced people are not prepared to handle. This can make dealing with your own case difficult and risky.

On the contrary, having an experienced Michigan birth injury attorney on your side ensures that you have the legal and medical knowledge to make a strong case, showing the insurance company that you are serious about your claim. Having an experienced and knowledgeable attorney on your side simply gives you the best possible chance to win.

For more information on how to proceed with your case, or to talk more in depth about how to hire the right Michigan birth injury lawyer for you, call us today at 866-354-5544 and schedule a free consultation. There is no obligation to hire us, and we charge nothing unless you win your case.

Q:How long do I have to file a birth injury claim in Michigan?

A

There is a statute of limitations on when you can file a personal injury claim in Michigan. If a lawsuit is not filed before this time period expires, the victim is no longer eligible to pursue legal action.

In most cases of Michigan birth injuries, action typically must be taken within two years of the medical mistake OR prior to the child’s 10th birthday — whichever date comes later. There are some circumstances in which this time period can be extended, however, such cases are very rare.

However, due to the severe and time-sensitive nature of birth injuries, it is absolutely necessary to seek guidance from a Michigan birth injury lawyer immediately to ensure the best possible outcome for you and your family. Call us today at 1-866-354-5544 to learn more.

Q:What are the rights of the parents in cerebral palsy cases?

A

If your child has been diagnosed with cerebral palsy, a brain injury that limits his or her physical and/or mental development, you are probably struggling to cope with it. It is even worse if you know that the negligence of a doctor or nurse caused the injury.

As a parent of a victim of medical malpractice, you can file a lawsuit to recover damages for your child’s injury, earning financial compensation for medical bills, permanent damage, ongoing care, and much more.

For more information about your legal rights, call The Thurswell Law Firm today at 866-354-5544, and request a free consultation. It is important that you act quickly to give your family the best possible chance to make things right.

Q:What is Cerebral Palsy?

A

Cerebral palsy, which results from a lack of oxygen to a baby’s brain during labor and/or after delivery, is one of the most severe injuries that can occur during the birthing process. During pregnancy the baby gets oxygen through the umbilical cord. If the umbilical cord is compressed during labor and/or delivery, and the supply of oxygen is not sufficient, the baby’s brain can suffer permanent damage.

Cerebral palsy is the term used to describe a motor coordination problem that results from an injury to the part of the brain that controls voluntary muscle use and coordination. It is often associated with seizures and/or some degree of mental impairment. There are several different types of cerebral palsy, based on the area of the brain affected and the severity of the injury.

Cerebral palsy means lifelong consequences for the child and the family. A child with cerebral palsy will need medical treatment, physical therapy and occupational therapy, medical supplies, supervision and educational support. It calls for an immediate and careful investigation of the entire labor and delivery process to determine whether or not cerebral palsy could have been prevented.

If your child or the child of someone you care about is suffering from cerebral palsy or developmental delay, contact The Thurswell Law Firm for a free consultation.

Q:What is a birth injury and how is it different from a birth defect?

A

A birth injury is an injury that occurs to the baby as a result of a doctor’s negligent actions or inactions either during the pregnancy, the delivery process or following the birth of the baby. A birth defect is usually a result of genetic or other abnormality that has nothing to do with a doctor’s negligent conduct.

Q:What are some examples of birth injuries?

A

Birth injuries include:

  • Brain injury (such as Cerebral Palsy);
  • Brachial plexus nerve injuries (Erb’s Palsy);
  • Fetal distress;
  • Premature birth;
  • Stillbirth;
  • Untreated jaundice;
  • Seizures;
  • Fractures;
  • Facial paralysis;
  • Spinal cord injury;
  • Oxygen deprivation;
  • Intracranial hemorrhage;
  • Hydrocephalus.

Q:How common are birth injuries?

A

About seven in every 1,000 births result in serious injury to the mother or child. This means that there are a staggering 30,000 birth injuries each year in the United States.

Q:What is Erb’s Palsy?

A

If a baby’s head and/or neck are pulled too hard during labor or delivery, or if the head or neck is twisted or bent too far, a brachial plexus injury may occur, resulting in Erb’s palsy, also known as Klumke’s palsy. Brachial plexus injuries can cause partial to complete paralysis of the shoulder, upper arm, elbow, forearm, wrist, hand or fingers.

Q:What should I do if I fall or otherwise get injured on someone else’s property?

A

First, seek medical treatment for your injuries and make sure to tell the doctor or hospital personnel that you were injured as the result of a fall. You should also get in touch with an attorney who has experience handling premises liability cases. Attorneys at The Thurswell Law Firm have been successfully handling premises liability claims for over 40 years.

In Michigan, you have a certain period of time from the date of your fall or injury to file a lawsuit. The timeframe you have to file a lawsuit varies depending on the location of your fall. Therefore, it is important to talk to an attorney as soon as possible.

In addition, an attorney will want to take action immediately in order to preserve evidence related to your fall or injury. Under current Michigan law, you must know what it is that caused you to fall or otherwise be injured, or you cannot successfully proceed with a claim against the property owner.

Q:What if I fall due to a defect or poorly maintained city sidewalk?

A

You should contact an experienced attorney immediately. The city must be put on notice in writing of any injury to someone who falls because of the city sidewalk within 120 days. If the notice is not provided to the city that person may be prevented from later filing a lawsuit against the city.

Q:What if I am bitten or otherwise injured by someone’s dog?

A

Once you have been treated for your injury you should contact an attorney to determine if you may have a claim against the owner of the dog or the owner of the property where the dog was when you were injured. The amount you are able to collect for dog bite injuries is determined by the severity of your injuries and whether there are significant scars that are permanent, as well as whether or not the owner of the dog or the property owner where the dog resides has insurance coverage that would apply to your case.

Q:What damages can I seek for the wrongful death of a loved one?

A

Under the Michigan wrongful death law, a Michigan wrongful death lawsuit may seek compensation for several types of damages, such as:

  • Damages for the pain and suffering of the victim, between the time of the wrongful injury and death;
  • Medical and funeral expenses;
  • Mental anguish of the victim’s spouse, children, and other members of the estate;
  • Loss of companionship and protection;
  • Loss of projected future earnings, which would have helped support the victim’s spouse, children, and other dependents;
  • Loss of other income and benefits, such as pension or medical coverage, which would have helped support the victim’s spouse, children, and other dependents.

With all cases, results will vary. If you suspect that a loved one was victim to a wrongful death, call us today at 866.354.5544 (Toll Free).

Q:Who is allowed to file a Michigan lawsuit if a relative dies due to someone else’s negligence?

A

In Michigan, this type of case is called a wrongful death case. The laws provide an order of priority and guidelines as to who can file the lawsuit on behalf of the deceased person. Typically the descendants, a spouse, children, and/or parents are given the priority to serve as the personal representative of the estate. If there is a dispute between family members on who will serve as personal representative, the court will look to the statute and then other factors before deciding who to appoint in that role. If you feel that a family member died due to someone else’s negligence, you should contact The Thurswell Law Firm immediately.

Q:How is disability defined by Social Security (“SSA”)?

A

“Disability” means inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.

Q:What types of Social Security benefits are available for disabled people?

A

Cash benefits are available to disabled people under many different programs. Disability insurance benefits are available for people who have a significant and recent work history (5 out of the last 10 years qualifies as “insured”), who are now disabled. Benefits are paid based on the person’s earnings record. Disabled widows and widowers receive benefits based on the earnings record of a deceased spouse, and are available for individuals who are at least 50 years old and disabled within a certain amount of time after the death of their insured spouse. Disabled adult child benefits permit someone disabled before age 22, to draw benefits through an insured parent who is now deceased, retired or disabled. A qualified person many draw any of these disability benefits without regard to other income or assets. Supplemental Security Income benefits (“SSI”), are available to people who qualify financially, without regard to insured status, but who are both poor and disabled (including children).

Medical assistance is available through either Medicare or Medicaid. A disability insurance claimant is entitled to Medicare coverage after 2 years of receiving cash benefits. Medicaid is a program that pays medical bills for poor people on SSI. The reimbursement rates are lower than with Medicare, but it covers prescriptions while Medicare generally does not.

Q:How can I apply for Social Security Benefits?

A

A majority of SSI and SSDI claimants will have no idea how to properly prepare a disability case for hearing. Though an attorney is never required in a disability claim (with an appeal to a federal court being the exception), research indicates that the odds of winning a disability claim before an Administrative Law Judge are decreased when a claimant does not hire an attorney.

Call Thurswell Law today for help with your Social Security claim. Our experienced attorneys will give your case the attention it needs to get you the benefits you deserve.

Q:How long should I wait after becoming disabled to file my social security claim?

A

Don’t wait. If you have a serious illness or injury that you expect will disable you for a year or more, file as soon as you can. It often takes many months to obtain a decision. Also, although no benefits will be paid for the first 5 months from the onset of disability, benefits can be paid retroactively for up to one year from the date a disability claim was filed. SSI pays only from the start of the month following the date the claim was filed.

Q:Can I file for social security if I’m still on sick leave, or receiving worker’s compensation or other disability insurance?

A

Yes; and you can collect different benefits at the same time, but the amounts may be reduced.

Q:How will my Social Security claim be considered, and what can I do to improve my chances of winning?

A

The Social Security Administration (SSA) is supposed to gather your medical records, and consider that information, along with your age, education and work experience, in determining whether you are disabled. Many claims are denied initially, but you have the right of appeal. Hiring an experienced lawyer is the best way to win an appeal.

Q:What should I avoid doing when I am involved in a lawsuit?

A

When you are involved in a lawsuit, you should not:

  • Give any statements, including written, recorded, or oral statements, to anyone concerning your accident or injuries without getting approval from your attorney.
  • Make any incorrect statement to any doctor who may treat or examine you respecting any prior injuries or accidents. If you don’t remember, say so.
  • Make any incorrect statements to any doctor about your current medical condition.

Q:What records should I keep?

A

Be sure to keep the following records for your claim:

  • Lost work time and wages;
  • Expenses resulting from your injuries, including home care, prescription costs and transportation costs;
  • All medical bills regarding your claim;
  • A running list of physical limitations you are experiencing and activities you can no longer participate in but could before the accident.

It is important to make your entries on an ongoing basis. Copies of checks and receipts of payment, as well as the above records, will be helpful as you will likely be asked to explain your pain, physical disabilities and limitations, and any out-of-pocket expenses, such as medication and medical co-pays.

Q:Why do I need an attorney to collect money for which I am entitled under the law?

A

Michigan laws are extremely complicated and are constantly changing. Unless you have an experienced attorney on your side, the insurance companies are very likely to take advantage of you and your situation. They do not have your interests in mind when they make their business decisions. Once you sign settlement releases without being advised by an attorney, you will most likely lose your right to collect all the money damages to which you were entitled.

Q:When should I file a lawsuit?

A

It may be necessary to file a lawsuit if you feel that you or a family member has suffered an injury. This is a legal decision that should be made by your attorney with your input. Before filing a suit in your case, a Thurswell Law Firm attorney will obtain your permission and explain to you why they believe a lawsuit should be filed.

Although a lawsuit may have to be filed, settlement is always possible. Negotiations continue even after a lawsuit has been filed and only a small percentage of lawsuits actually go to trial.

Q:Who should I talk to regarding my case?

A

It can be a stressful and confusing time when you or a loved one has been injured. However, bear in mind that you should not talk about your case with anyone except your attorney. If your insurance company wants to talk about your case before they pay your medical bills, you should refer them to your attorney.

Q:How can I pay a lawyer?

A

There is no fee unless you collect monetary damages.

Q:What are some of the symptoms of brachial plexus palsy?

A

Brachial plexus palsy is a Michigan birth injury that prevents newborns from moving their arms normally, thus significantly hampering their growth and function. Brachial plexus palsy occurs when undue pressure is put on a child’s neck during delivery.

Some of the symptoms of brachial plexus palsy include:

    • Arm paralysis
    • Numbness in arm or hand
    • Loss of muscle control in arms
    • Difficulty picking up objects

If you believe that your child is suffering from brachial plexus palsy as the result of the care by negligent medical professionals, then call the Michigan birth injury lawyers of the Thurswell Law Firm today at (866) 354-5544 for more information about your legal rights.

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Southfield, MI 48075

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