Truck Accident Defense Attorney

Posts Tagged ‘claimant’

            Michigan continues to be a very conservative jurisdiction when it comes to automobile negligence litigation.  Ever since Michigan enacted its No Fault Law in 1982, the state has required a “serious impairment,” death or serious permanent disfigurement for a claimant to be able to meet the tort threshold for maintaining a third-party personal injury case. An injury must also be objectively manifested and result in an impairment of the claimant’s ordinary lifestyle.   

            Recently the Michigan Court of Appeals decided a case in which the plaintiff had suffered a fractured femur which required an open reduction and internal fixation.  The doctors used orthopedic hardware which was retained inside the plaintiff to treat the serious fracture.  The plaintiff was non-ambulatory for a period of several months and used crutches after that – but was unable to return to work for some time.  The Court of Appeals affirmed the summary dismissal of the plaintiff’s case by the Trial Court.  The Trial Court and Court of Appeals determined that this injury did not meet the serious impairment threshold. The Court determined that the man’s broken femur had not affected his general ability to lead a normal life because the man could still walk, albeit with a walker and crutches.

             This case illustrates how serious an automobile injury must be before being allowed to get a case to the jury.  Adjusters handling these types of cases need to be familiar with the ever changing case law in this area.

            But the times, they are a changing!! The Michigan Supreme Court recently entertained oral argument which may reverse years of conservative case law.  During oral arguments, the justices seemed fixated on the issue of duration; i.e. how long a person was disabled as a result of an automobile injury. Most attorneys handling personal injury law agree that the Michigan Supreme Court will lower the standards needed to bring a personal injury automobile negligence case. Stay tuned!  

Alexander & Angelas, P.C., devotes a great deal of its practice to representing defendants in catastrophic trucking and automobile negligence cases.  We have handled very complex, high severity claims for numerous national corporations and insurers.  Recent cases have involved double amputations, multi-million dollar insurance coverage disputes and wrongful death actions. We practice in all State and Federal Courts in Michigan and maintain an active membership with the Trucking Industry Defense Association (TIDA), and Michigan Defense Trial Counsel.  For the past 20 years, we have been listed in the A.M. Best Directory of Approved Insurance Defense Attorneys.   

Alexander & Angelas, P.C. also maintains a 24 Hour Emergency Response Service. The law firm is associated with several independent adjusters positioned throughout Michigan, mechanical engineers who can arrive at an accident scene in Michigan within hours, civil evidence photographers and other qualified and appropriate first-responders.  In a catastrophic emergency situation, your company can activate our 24 Hour Emergency Response Service by calling the following telephone numbers:           

Office: (248)  290-5600  or  (800)  219-0007

Home: (248)  697-9605       

Cell: (248)  330-5584  or  (248) 808-0560

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            The trucking industry has made great strides in protecting the public against major truck accidents. Safety standards are continuously reviewed.  Trucking companies realize the importance of having very strong safety programs and often have dedicated management personnel in place to promote trucking safety.  Trucking equipment and technology continues to improve.  Industry trade organizations such as the Trucking Industry Defense Association have been formed with the goal of promoting trucking safety and raising awareness among industry leaders.

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New Hurdles for Work Comp Claimants and Employers

Ever since the Michigan Supreme Court decided the landmark case of Stokes v Chrysler, the work comp world has been set upside down by new procedures and uncertainty.  This has added to the legal expense of defending work comp cases.

In Stokes, the Court determined that a claimant must not only prove a work related “injury,” but must also establish that the injury has resulted in a diminution of wage earning capacity given the claimant’s training, education and experience. Once the claimant has made his/her case in court, the defendant/employer must refute the allegations.

For the plaintiff to prove his/her case there must now be the additional showing that given his/her injury and taking into account his/her education, training and experience, that no suitable jobs exist.  Thus, plaintiffs now present proofs at trial including “job application logs” detailing how many jobs the claimant has sought and the response to each job inquiry.  Given Michigan’s tough economy, finding a suitable job is difficult for even the most able bodied and qualified individuals, let alone an applicant with physical limitations.

Plaintiffs also frequently retain vocational experts who perform a “Stokes Evaluation.”  These opinions invariably conclude that no suitable jobs exist for a claimant given his/her physical condition, training, education and experience.

Defendants/employers have similarly had to incur the expense of a vocational expert who analyzes a claimant’s physical limitations, education, training and experience.  The vocational experts (both for plaintiff and defendant) perform a “transferrable skills” analysis based on this information.  The transferrable skills are then applied to the universe of available jobs.

Alexander & Angelas, P.C. devotes a significant part of its law practice to the handling of worker’s compensation cases.  Peter A. Angelas, Esq. has lectured on the topic of workers compensation and represents many large, national corporations and insurers.  He has also handled some very significant cases on behalf of injured claimants including one case which settled for $1.4 million in 2007.  Mr. Angelas has practiced throughout the state of Michigan and enjoys the respect and credibility of his clients, opposing attorneys, and magistrates. He can be contacted by calling (248)290-5600 or toll free (800) 219-0007

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Automobile Negligence; No-Fault; Michigan

             Michigan continues to be a very conservative jurisdiction when it comes to automobile negligence litigation.  Ever since Michigan enacted its No Fault Law in 1982, the state has required a “serious impairment,” death or serious permanent disfigurement for a claimant to be able to meet the tort threshold for maintaining a third-party personal injury case. An injury must also be objectively manifested and result in an impairment of the claimant’s ordinary lifestyle.  

             Recently the Michigan Court of Appeals decided the case of Plaggemeyer v Lee.  The Court affirmed the summary dismissal of the plaintiff’s case by the Trial Court.  In this case the plaintiff (a young boy) had a fractured femur and had to use a walker to ambulate.  He then had to use crutches.  The Trial Court and Court of Appeals determined that this injury did not meet the serious impairment threshold. The Court determined that the boy’s broken femur had not affected his general ability to lead a normal life because the boy could still walk, albeit with a walker and crutches.

             This case illustrates the very hard bar that a claimant must reach before being allowed to get a case to the jury.  Adjusters handling these types of cases need to be familiar with the ever changing case law in this area.

Alexander & Angelas, P.C. devotes a great deal of its practice to representing defendants in catastrophic trucking and automobile negligence cases.  We have handled very complex, high severity claims for numerous national corporations and insurers.  Recent cases have involved double amputations, multi-million dollar insurance coverage disputes and wrongful death actions. We practice in all State and Federal Courts in Michigan and maintain an active membership with the Trucking Industry Defense Association (TIDA), and Michigan Defense Trial Counsel.  For the past 20 years, we have been listed in the A.M. Best Directory of Approved Insurance Defense Attorneys. 

Alexander & Angelas, P.C. also maintains a 24 Hour Emergency Response service. The law firm is associated with several independent adjusters positioned throughout Michigan, mechanical engineers who can arrive at an accident scene in Michigan within hours, civil evidence photographers and other qualified and appropriate first-responders.  In a catastrophic emergency situation, your company can activate our 24 Hour Emergency Response by calling the following telephone numbers:                   

Office:             (248)  290-5600  or  (800)  219-0007

Home:             (248)  924-3285       

Cell:                (248)  330-5584  or  (248) 808-0560

Alexander & Angelas, P.C. was founded in 1992 and adheres to the principles of providing comprehensive, efficient, cost-effective handling of litigated matters.  We practice in all State and Federal Courts in Michigan and offer a wide range of legal services including general liability matters, Workers Compensation, property/casualty claims, declaratory actions, contract negotiations, transportation claims and insurance coverage disputes.

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