Archive for the ‘Legal News’ Category

Detroit Injuries and Tort Reform Efforts Aimed at Limiting Your Rights

20
Dec 2012
By: Goodman Acker Law

In the United States, when someone is wronged by a doctor’s carelessness, or a company that sells him a bad product, he can turn to the civil justice system to have his voice heard and to get justice. Unfortunately, efforts are underway by major corporations that seriously impact the effectiveness of the civil justice system. American Association for Justice has recently announced a new campaign to help educate the public about the efforts of these special interests and to help citizens stand up for their right to fairly access the court system.

Our Detroit accident lawyers applaud the American Association for Justice efforts to bring attention to an important legal issue. Their grassroots activism can hopefully help people to learn the truth about tort reform and to learn how to take action to protect the effectiveness of the civil court system.

American Association for Justice Launches “Take Justice Back”

In November 2012, American Association for Justice announced their new campaign to fight corporate efforts to limit justice. The campaign is called “Take Justice Back” and it includes a website featuring:

  • News on tort reform
  • Personal stories from people affected by tort reform
  • An explanation of the myths and realities of tort reform
  • State specific information on tort reform laws
  • Information on how individuals can take action

This website as well as other educational materials and campaign events will help to expose the truth about what corporations and special interests are doing and will provide a real way for consumers to get educated and protect themselves.

Understanding Tort Reform

The most well-known type of tort reform involves caps on economic damages, especially in medical malpractice cases. Michigan currently has damage caps in place limiting the amount a plaintiff can recover for non-monetary losses in medical malpractice cases.

These caps mean that if a jury awards more money to a plaintiff because of the harm the plaintiff has suffered, the award can be reduced. In 2009, for example, Michigan Live reports that a plaintiff in Michigan was awarded $15 million in a dental malpractice lawsuit against an oral surgeon. The plaintiff’s damages were reduced to $619,000 because of the damage cap.

Damage caps on medical malpractice lawsuits are a big problem for consumers who are at serious risk of being injured by careless doctors. In fact, as the American Association for Justice reports, an Institute of Medicine (IOM) study revealed that as many as 98,000 people are killed each year as a result of medical mistakes that were preventable.

Corporations are also limiting access to justice by including arbitration clauses in contracts that consumers are forced to sign. A recent case called AT&T Mobility made this issue much worse for consumer because forced arbitration clauses can now deny a consumer’s right to bring a class action lawsuit.

When a company commits many minor wrongs against a lot of customers, class actions are usually the only way to get justice. In many of these cases, it isn’t worth the time or money for any individual plaintiff to bring a single claim against the corporation. Without the ability to file class actions, the customers have no means of recourse against the company. Paypal, for example, is one company that has recently changed its contract to effectively forbid class actions according to Take Justice Back.

The Dangers of Tort Reform

When consumers are limited in their access to the courts, they are limited in their ability to get justice. When a jury awards $15 million, for example, this is because the plaintiff suffered $15 million worth of damage and pain at the hands of the careless dentist. An arbitrary damage cap saying that the plaintiff doesn’t deserve this is an unfair denial of rights and allows the doctor and his insurer to avoid paying what is due.

Take Justice Back is an important campaign because it aims to inform the public about the often-misunderstood subject of tort reform. With personal stories, news and ideas for activism, the campaign can hopefully make a real difference in protecting the rights of the public. The truth of the matter is that campaign donations are the only real reason a politician votes for such limits when he hopes the voters are not looking.

If you’ve been injured in an accident in Detroit or the surrounding areas, contact the Law Offices of Goodman Acker for a free case consultation. Call 1-566-366-8567.

Auto insurance: No-fault no-reform

10
Nov 2011
By: Goodman Acker Law

Dan Calabrese / The Michigan View.com
Published: Nov 3, 2011

Michigan’s no-fault auto insurance system is very unpopular. With the insurance industry, that is.

Whereas they can sell policies of defined, limited benefit amounts in other states, they are required by law in Michigan to sell everyone policies that cover unlimited lifetime medical benefits in the event they suffer catastrophic injuries in an auto accident.

The system – or at least one aspect of it – is unpopular with another group of people, and that is a certain subset of accident victims. They don’t like it because, when insurance companies try to deny claims for various and sundry reasons, the accident victims’ only recourse by law is to go to court. The insurers and their clients spend way too much time in Michigan courts fighting over benefits, because an insurance policy is a private contract, and the only way to enforce the terms of a contract is civil action.

So if you’ve got a massive head injury and can’t work – but the insurance company’s doctor says you’re just fine and don’t need any more treatment – you need to hire your own attorney and take on the insurance company lawyers.

There is a lot wrong with Michigan’s no-fault insurance law. But it’s hard to see how the reform proposal being championed by State Rep. Peter Lund (R-Shelby Township) solves any of them. Lund appears to accept the argument of the Insurance Institute of Michigan that lifetime benefits have caused costs to spin out of control. So Lund proposes to do away with unlimited lifetime benefits, and instead to give consumers a choice of three levels of coverage – $500,000, $1 million or $5 million.

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Watchdog group warns about dangerous toys for 2010. Get the facts.

Think all your children’s toys are safe? Think again! A consumer watchdog group recently released its list of dangerous toys for 2010. The dangerous toys identified by the U.S. Public Interest Research Group include:

• Toy handcuffs made with unsafe levels of antimony, a carcinogen.
• Handy Manny’s Let’s Get Building Construction Set, which has many small parts that pose a choking hazard.
• Lokmock/Baby’s First Train, which has small parts children may choke on.

Every three minutes, a child must be treated in an emergency room for an injury caused by a dangerous toy. In 2009, an estimated 186,000 children under 15 years old were treated in emergency rooms for toy-related injuries, according to the U.S. Consumer Product Safety Commission. In contrast, 152,000 children sustained toy-related injuries in 2005. Dangerous toys were linked to 12 deaths in 2009, down from 24 toy-related fatalities in 2007 and 2008, the CPSC reports.

The CPSC recalled 44 toys in fiscal year 2010, which ended Sept. 30. Click here to find a complete list of recalled toys. And even toys that have not been recalled can be dangerous, notes Joan Swartz, co-founder of World Against Toys Causing Harm, or WATCH. Sharp-edged toys or ones with projectiles can be dangerous. That’s why WATCH cautioned against buying Spy Gear Viper Blaster. Eye injuries are a real risk. Watch this video to see WATCH’s 10 Most Dangerous Toys of 2010.

Has your child been injured by a dangerous toy? Unsure what to do? Don’t take on large toy manufacturers by yourself. You need someone familiar with handling such complicated cases. You need someone who understands federal safety regulations. You need someone experienced, determined, dedicated to getting results. You need the Law Offices of Goodman Acker.

Our lawyers have years of experience fighting for victims of dangerous toys in Michigan. When you choose us, we work tirelessly for you. Companies have a responsibility to make safe products. When they fail to do so, fight back. Contact Goodman Acker today. We mean business!

Michigan passengers injured in drunk driving accidents. Get the facts.

What would you do if you were injured while riding in a car with a drunk driver? How would you pay your medical bills? Who’s responsible? What are the laws in Michigan regarding your right to be compensated for your injuries?

Passengers often sustain injuries in car accidents. On average, 9,668 people die each year in accidents while riding in a vehicle. And often, drunk drivers cause these accidents. In Michigan, drunk drivers killed 331 people in 2008. That’s 34 percent of all fatalities.

What does all this mean if you were injured while a passenger in a drunk driving accident? Any time passengers sustain injuries in a car accident, passengers almost always have a personal injury claim against one of the drivers.

Another important factor to consider is who supplied the alcohol to the driver. If a bar or liquor store knowingly sold alcohol to the driver in an intoxicated state, you may be able to pursue a case against the bar or liquor store.

Liability laws vary from state to state. Liability laws vary from state to state. Michigan is a “no fault” insurance state. That means your insurance company pays your medical bills after an accident regardless of who’s at fault. But getting your insurance company to cooperate can sometimes be a challenge.

Drunk driving accidents are complicated. Knowing what to do can be difficult. You need an experienced legal team in your corner. You need someone who thoroughly understands the law. You deserve justice. You need the Law Offices of Goodman Acker.

Our knowledgeable attorneys at Goodman Acker have years of experience defending clients seriously injured in drunk driving accidents in Michigan. Our lawyers tenaciously investigate every case and work tirelessly to obtain the full compensation you deserve for your accident.

We understand how traumatic drunk driving accidents can be. We can help. Contact Goodman Acker today. We’re on your side.

Zimmer knee implant problems higher than normal. Get the facts.

Attention Zimmer knee implant recipients. Are you in pain? Does your replacement knee still not feel right months or even years later? You’re not alone. And the agony is over. We can help.

A group of orthopedic surgeons recently presented data detailing an extremely high number of problems with Zimmer knee implants. In March 2010, three prominent orthopedic surgeons reported the following data at a conference of the American Academy of Orthopedic Surgeons:

  • 9 percent of patients examined after 2 years needed additional surgery.
  • 36 percent of the Zimmer knee replacements showed signs of loosening after two years.

Such figures are much higher than normal. The company disagrees. Zimmer claims the doctors did the surgeries wrong.

Confused? Scared? You should not have to suffer. You can get help. You need the Law Offices of Goodman Acker.

Based in Michigan, the lawyers at Goodman Acker have been helping victims of medical malpractice for years. Your problem might seem clear cut. You might question why you even need a lawyer to resolve your case. You probably have medical insurance. They’ll take care of everything, you think.

Think again. Insurance companies often stand in your way at every turn. Many insurance companies do everything they can to make sure you don’t receive the money you rightfully deserve. They don’t frighten us. We’re familiar with their scare tactics. We know how to take on big insurance companies.

Don’t suffer in silence because of a medical mistake. Take action. Contact Goodman Acker today. We’re ready to take on your Zimmer knee case.

Dedicated. Experienced. Driven – Goodman Acker. Fighting for justice for you.



Involved in an accident? Make sure police respond to the scene

A big part of a police officer’s job is to respond to auto accidents and create a report about what happened, including details about injuries. A Michigan police officer’s report may mention whether a driver violated traffic rules, such as speeding, or was issued a citation. The report may be used as evidence of negligence, carelessness or recklessness by the other driver. Ultimately, these facts can be very helpful if the other driver is sued for damages arising out of the accident.

If you are involved in a car accident, it may be in your best interest to have a police officer at the scene as soon as possible to create an official report. Notifying the police is one of the important steps people need to take after being involved in an accident.

Crash reports are available from the police department of the city or town in which your accident occurred. For example, if you were in a Detroit accident, you can order a report from the City of Detroit’s web site.

If a negligent driver causes a seemingly minor accident, you may be tempted to not involve the police. This is a risky move, because you may be unaware at the time of the accident of an injury that may be felt days later, or of property damage to your vehicle that may prove to be extremely costly.

Car accidents involving injury or property damage can have a significant impact on the lives of people in Michigan. Don’t risk affecting your rights by failing to contact police who can document any negligence.

It’s also important to contact an experienced attorney who can use the police report and other tools to investigate your case and pursue the justice you deserve. At some time after the accident, an insurance company adjuster may approach you and try to convince you that you were partially or completely at fault. A police report can prove to be vital evidence supporting your claim.

At the Law Offices of Goodman Acker P.C., serving Detroit, the Tri-County area of Wayne, Oakland, Macomb and all of Michigan, we aggressively fight for clients who sustained serious injuries or property damage in car accidents. Contact our office today for a free and confidential consultation. Tell them you mean business!

Michigan motorcycle laws prohibit “lane splitting”?

Motorcycle accidents happen fast. Suddenly, your life can instantly change forever. Sometimes, accidents happen when a motorcyclist rides in between two lanes of traffic. Riders call this practice “lane splitting.” Is it legal? Who’s liable?

Depends who you ask. According to some experts, “lane splitting” is against the law in every state across the country except California. That certainly seems to be the case in Michigan. The state’s laws seem to clearly prohibit lane splitting in Michigan.

But most accidents are not clear-cut. Many factors come into play. Knowing what to do can be difficult. Confused? Scared? We can help. The Law Offices of Goodman Acker understands the legal complexities involved in motorcycle accidents. When you choose us, you get experienced lawyers who know how to navigate through the legal hurdles standing in your way for justice.

And just because you didn’t do anything wrong, don’t assume the insurance companies will be on your side. Often, insurance companies blame motorcyclists for causing the accident, even when the accident was the other driver’s fault. The other driver may even claim you were recklessly weaving in and out of traffic on your motorcycle when the accident took place.

Don’t let insurance companies push you around. Don’t leave your future to chance. Get respect. Take action. You need a skilled legal team on your side that understands the law. You need Goodman Acker.

More motorcyclists than ever are on the road. Be prepared. Ride safe. And remember who you can trust if you’re injured in a motorcycle accident. Contact Goodman Acker. We’re on your side.

Dogs bite people every day. Are you prepared?

Your child is playing outside. Suddenly, a dog attacks. Fear, panic, chaos ensues. Would you know what to do?  It may sound far fetched, but dog attacks happen every single day. Each year, dogs bit more than 4.7 million Americans nationwide. One in five dog bites nationwide resulted in injuries requiring medical attention, according to the Centers for Disease Control. Just this month, a dog attacked a 6 year old Michigan girl, sending her to the hospital.

State laws vary concerning dog bites. In Michigan, a dog owner is responsible for any injuries sustained by someone attacked by their dog. It doesn’t matter if the dog was never vicious before. The dog owner is liable.

So who pays for injuries inflicted by a dog? Don’t worry about having to deal with your friends or neighbors or familiy members directly if you or a loved one is a victim of a dog attack. Insurance companies handle dog bites. That means you get the compensation you’re entitled to without having to make enemies with the owner of the dog.

There are also things you can do as a dog owner to reduce the likelihood of a dog attack. These include:

  • Leave strange dogs alone
  • Never pet a dog unless you have let it see you and smell you
  • Never be aggressive with a dog

Dog bite cases are complicated. You may be entitled to more money than you realize for your dog bite injury. Confused? We can help. Contact the Law Offices of Goodman Acker, P.C. When you chose us, you get experienced, dog bite injury lawyers who will aggressively fight to get you the full compensation and justice you deserve.

Don’t let a dog bite ruin your life. Take action. Contact Goodman Acker today. We’ll even evaluate your case for free.

Motorcycle Awareness Month educates motorists

Motorcycles are everywhere. That’s a saying you may have seen on a bumper sticker. But there’s more truth than you realize to that short slogan. Motorcycles are becoming more common. That’s why the National Highway Traffic Safety Administration has designated May as ‘Motorcycle Awareness Month.’

The number of motorcycles on the roads nationwide has nearly doubled in the last decade. In 1998, there were 3.8 million registered motorcycles, according to the NHTSA. In 2007, the number of registered motorcycles soared to 7.1 million.

Motorcycle Awareness Month is not just geared towards educating all these new riders about motorcycle safety. A primary goal is to educate motorists to be more aware of motorcyclists. Motorcycle accidents are often caused by drivers who simply don’t see the motorcycle. And when these accidents occur, the consequences can life altering. In 2007, a total of 5,174 motorcyclists were killed and 103,000 injured in motorcycle accidents nationwide, according to the NHTSA.

Share the road. Be aware. Be safe. And if you are involved in a motorcycle accident, take action. Contact the law offices of Goodman Acker, P.C. We fight for the rights of Michigan motorcyclists. When you chose us, you get experienced motorcycle accident attorneys who will work tirelessly to secure the compensation you’re legally entitled to after an accident. Don’t let a motorcycle accident ruin your life. Contact Goodman Acker. We get results.

Understanding no-fault insurance in Michigan

Every motorist in Michigan must have no-fault insurance. But what does no fault really mean? And what does it mean for you?

No-fault insurance simply means insurance companies must pay for medical expenses that are reasonable and necessary and related to the accident, no matter who was at fault for the rest of your life.  You would be entitled to lost wages for up to three years and up to  $4,878 per month depending on how much you were making at the time of the accident. In addition, you can receive household expenses up to 20 dollars per day  for three years.

Accidents are complicated. Questions come up. Problems arise. We can help. The Law Offices of Goodman Acker, P.C. fight for the rights of Michigan motorists. We will work tirelessly to help get you the compensation you’re legally entitled to after an accident. Don’t leave your future to chance. Contact Goodman Acker. We get results.