Truck Accident Defense Attorney

Posts Tagged ‘declaratory actions’

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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