If you or someone you love has suffered a serious personal injury, you need an experienced attorney to fight for you. At the law offices of Feldheim & Wilenkin, our injury attorneys are ready to help Detroit residents and their families through the entire process of pursuing an injury claim. At your side every step of the way, we will make sure that you have access to the medical care you need and obtain the financial compensation you are entitled to under Michigan law.
After a devastating accident or the onset of a disabling condition, you may feel anxious or overwhelmed by your situation. The process of physical and emotional recovery from injuries or disability can be lengthy and draining. Fortunately, the financial and emotional burden caused by your accident or illness may be lightened by taking legal action against any party that was responsible for your injury, or by bringing action against any insurance company that is refusing to pay benefits or damages that are owed by law.
To explore your potential options, you can consult the Detroit personal injury attorneys at Feldheim & Wilenkin. We have more than five decades of experience in handling claims and lawsuits involving wrongful death, medical malpractice, car and truck accidents, construction site accidents, and on the job injuries, as well as short-term and long-term disability claims. We also handle claims involving defective products, institutional sexual abuse, nursing home negligence and dog bites.
Our goal is to help you move forward with your life after suffering devastating injuries, and we gain personal satisfaction from asserting the rights of accident victims to recover the compensation that they deserve. Our Detroit personal injury lawyers offer a free consultation and do not charge you any fees unless we are able to recover compensation for you.Pursuing Short-term or Long-Term Disability Benefits
It can be terrifying to lose your income due to an unexpected disabling condition. Our firm can guide you through the process of pursuing a claim for benefits, including those involving long-term disability insurance. Some claims are governed by the Employment Retirement Income Security Act of 1974 (ERISA), while others are not. Although ERISA provides standards for administering plans, it does not dictate the substance of a long-term insurance disability policy. Whether or not your claim is viable often depends on the policy language.
It is important to enlist an attorney before you submit your initial application for benefits so that your application is as persuasive as possible under the circumstances. While courts often give deference to plan administrators regarding the interpretation of a long-term disability policy, the decisions made are not allowed to be arbitrary and capricious. If your plan is governed by ERISA, you are supposed to be given the reasons for a denial of benefits in writing and you are entitled to a reasonable opportunity to have the decision fully and fairly reviewed on appeal. It is critical that you submit evidence to the carrier supporting your claim for disability during the limited window of opportunity afforded in the application and or appeal stages. In our experience, reoccurring problems are situations where clients have failed to act quickly and effectively to submit proof of their disability within the time limit allowed by the disability insurance policy. The right to submit evidence of disability into the administrative record is time limited so it is critical to get our help at the outset or promptly after a letter of denial has been received.Seeking Compensation for Construction Accidents and Other On-The-Job Injuries
Many people are hurt while going through their daily routines at work. This can be a frustrating experience, but multiple options may be available for victims. In Michigan, the immediate employer of a worker is generally responsible for his or her safety on the job under MIOSHA. However, if an injury is caused by the negligence of a defective product or the negligence of a third party not employed by your own employer, a claim for injury can be brought in addition to your right to work comp benefits.
The laws that govern construction site injuries in the state of Michigan can provide a pathway to a recovery of money damages against negligent general contractors and negligent subcontractors on a construction site. General contractors have a duty to make sure that all common work areas are maintained safely and in compliance with MIOSHA requirements. Sub contractors have a similar duty to avoid taking negligent actions that create unreasonable hazards on the job site. Negligence may arise from a failure to maintain or operate machinery or tools in a safe manner, failing to cover or barricade an opening, failing to erect guardrails when required, failing to schedule work activities in a safe manner, or failing to supervise work activities as required. There are numerous MIOSHA safety requirements intended to avoid injury to workers by way of tripping, falling, or being exposed to other foreseeable hazards.
General contractors may also face strict liability for injuries to workers engaged in inherently dangerous work activities. These activities may include blasting or an exposure to lethal substances during handling and transfer.
The damages allowed in a third party construction site injury case or a third party on the job injury case are much greater than those allowed under the workers compensation law because workers are allowed to recover their full lost wages as well as any loss of future earning capacity. Injured workers in a third party claim can also seek an award of money damages for their physical pain and suffering. These damages are not recoverable under the work comp law, which limits an injured worker to a recovery of benefits including a statutory wage rate, medical bills and possibly vocational rehabilitation services.Holding a Negligent Driver Accountable for a Motor Vehicle Collision
Compensation is usually available for people who have been involved in car or truck accidents caused by a careless driver. A Detroit personal injury attorney can navigate the process of bringing a negligence claim on your behalf if you are dealing with this unfortunate situation. The main elements that you would need to prove are the defendant’s duty of care, a breach of duty, causation, and damages. In some instances, the employer of a careless driver also may be held liable if the driver was acting in the course and scope of the employment relationship at the time of the crash.
You can potentially recover both economic and noneconomic damages as compensation from a negligent driver. Under the Michigan No Fault Statute these may include medical costs, lost wages and lost earning capacity, any expenses for future treatment, pain and suffering, and property damage, among other examples. Even a victim who was partly responsible for causing an accident may be able to recover some damages from a defendant who is found partly at fault.Bringing a Medical Malpractice Claim against a Health Care Provider
In Michigan, medical malpractice occurs when a health care professional breaches or violates the standard of care, causing harm to a patient in that professional’s care. The appropriate standard will be determined by looking at the accepted procedures and practices of similarly trained medical professionals treating a similarly situated patient. A Detroit personal injury lawyer can help identify and enlist expert witnesses who may be vital in showing a jury what the defendant did wrong and how it affected you.
If you sue a physician or hospital for malpractice, you would need to get an affidavit of merit. This is a certification by a medical expert that states that he or she believes there is evidence of malpractice in your situation. You would also need to provide a medical provider with notice that you intend to sue at least 182 days before you file your claim.Compassionate Guidance for Wrongful Death Claims
All too often, motor vehicle collisions and other accidents lead to a tragic loss of life. When this happens, the grieving family has a right to seek justice from the parties responsible for the death of their loved one. While nothing can replace the victim’s presence in their lives, it may provide peace of mind to know that those responsible for the wrongful death have been held accountable under the law. The Michigan Wrongful Death Statute specifies those individuals entitled to seek a recovery of damages in the event of a wrongful death. These individuals can include surviving spouses, children, parents, siblings and others who were dependent upon the deceased for support. Typically, the largest share of damages will be awarded to surviving spouses and children. However, every case is different and must be evaluated on the basis of the facts. We resolved one case where a young woman was killed in a car truck accident and her only surviving relative was her grandmother. The grandmother was deemed to be entitled to all of the money for the loss of her loving relationship with her granddaughter.Consult an Experienced Detroit Injury Attorney
When you are going through a difficult time in your life due to a catastrophic injury or condition, it is important to have legal representation that you can trust. Your ability to protect and assert your rights in these circumstances can affect the rest of your life and the future of your loved ones. The Detroit personal injury lawyers at Feldheim & Wilenkin are skilled in work accident, motor vehicle collision, medical negligence, wrongful death, and disability benefits claims. We represent victims and their families in communities throughout Wayne, Oakland, and Macomb Counties, as well as other areas of Southeast Michigan. Call us at 248.737.0700 or contact us via our online form to set up a free appointment.