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Brian A. McKenna
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Brian McKenna’s Answers

21 total

  • What should I do next?

    Was involved in an auto accident on 12/30/15. I was driving down the road when someone turned in front of me and we hit head-on. I was the only one in my car and the other car only had the driver in it as well. It was not at an intersection. He st...

    Brian’s Answer

    I agree with David's advice, but want to point out that because you were driving your employer's car (even if it was not in the scope and course of employment) your claim for no-fault will not be with your insurer, but instead with the insurer of the company car. If you were in the job when the accident happened, then there is also a Worker's compensation claim. You should have the claim reviewed.

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  • What are my alternatives in resolving the matter?

    My 14 y/o was hit by a car while crossing the street she lives on. She was driven to the ER the same day, x-rays were done, in addition to other tests and there are no physical injuries to report, just headaches. The police report mentioned she i...

    Brian’s Answer

    Whether a ticket or citation was issued to the driver of the striking vehicle is not admissible in a civil case anyway.
    While I agree that the injuries to you daughter are not yet fully understood, the risk of waiting to see a lawyer and gathering the necessary evidence to prove fault will get more difficult with the passage of time. An investigator needs to get statements from the witnesses before their recollection of the events gets less memorable.

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  • I got hit by a car at a crosswalk on my bike i cant remember if it was red light on both sides can i do something ?

    got a broking leg and three broking ribs

    Brian’s Answer

    There are many rights available by the fact that there was a motor vehicle involved. You should consult an attorney as soon as possible regarding those rights, and so the case can be properly investigated as to witnesses and other issues.

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  • I am looking for an attorney who practices in MI to take over a personal injury case that has already been filed.

    I am two-and-a-half years into my personal injury case and my present attorney cannot continue on due to health problems. If anyone is willing to talk to me about taking over the case, could you please let me know. Thank you.

    Brian’s Answer

    I would be happy to discus this with you.
    Brian A. McKenna
    Sachs Waldman PC
    Attorneys and Counselors
    2211 East Jefferson
    Suite 200
    Detroit, Michigan 48207
    Office 313-965-3464
    Direct 313-496-9416
    Cell 313-550-6997
    Fax 313-965-4315

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  • I need assistance with getting my PIP benefits back

    Hello I am looking for some assistance with a case against AAA. I was injured in a motorcycle accident June 6, 2006, I was hit by a car that carried AAA insurance. Since this accident I have settle with AAA for the personal injury claim but I stil...

    Brian’s Answer

    The above answer is absolutely correct. If you previous attorney was able to help, and is already familiar with you file, that is a great place to start.
    If for some reason that attorney is not available, you should contact another attorney asap. I am available to discus this with you if you like.

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  • I have disk hernation from car hit me. It's been 1 yr and my back still hurts

    If my back still hurts another year which is 2 years can the insurance company pay my lost wages be couse my back still hurts me

    Brian’s Answer

    Your no-fault carrier is responsible for accident related wage loss for up to three years from the date of your injury (MCL 500.3107. http://www.legislature.mi.gov/(S(wxe3fp45vtq10d55d3v2n145))/mileg.aspx?page=getObject&objectName=mcl-500-3107). If you have questions you should consult an attorney. My office is local to you, and would be happy to help you with any questions you have.

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  • Last year in the fall/winter of 2012 my grandmother was invovled in a slip and fall in a moving vehicle. She is in a wheel chair

    and the driver did not strap her in properly. To make a long story short he turned a corner sharp and she was sideways in the back of his truck. My grandmother had knee surgey in 2011 and since is still recovering. She was immediately token to the...

    Brian’s Answer

    Yes there is probably help for your grandmother. As long as she was not the owner of the vehicle she was traveling in she is entitled to no-fault benefits (http://legislature.mi.gov/doc.aspx?mcl-500-3107). Also, if she, or any resident relative had uninsured motorist benefits on their motor vehicle on the date of her accident, she may be entitled to benefits under that coverage. She should talk to an attorney as soon as possible. There are notice issues to carriers on these types of claims.

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  • 3 years go my 21yr old girlfriend was t boned in my Chevy sedan . I had no fault insurance but she had full coverage .

    to make a long story short she ended up losing her job ( she was pregnant at the time ) almost lost are baby etc. From that day forward we had to go to physical therapist ( for almost 3 years faithfully) , do mri s and the injections ( at least ...

    Brian’s Answer

    You should consult an attorney immediately. You are very close to your statute of limitations. The offer sounds very low considering the injuries you describe. Finally, any release should be reviewed to ensure that her 1party benefits remain intact.
    Feel fee to contact me for a no obligation consult. My cell phone number is on my outgoing voicemail message.

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  • Will the medical through car insurance continue to pay after patient goes home and has to return to rehab?

    My 91 yr old father had a car accident and broke his leg. He needed surgery to replace the ball top of bone that fits in hip socket. He has been in rehab for 7 weeks and they want to send him home in 9 days, yet he still cannot walk. He weakens...

    Brian’s Answer

    Your father should have his own case manager, which he has a right to select, and which should be paid for by his no-fault carrier. A good case manager will be an advocate for him, and arrange for the appropriate transition from the facility to the next level of care and when appropriate prepare the home environment with the reasonably necessary accommodations for his continued recovery. I would be happy to answer any questions or give you the names of reputable case managers if you need help.

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  • Had a police chace and the super drunk drove into my garage, knocked off the 100 year old fondation, wall and ceiling collapsed.

    the adjusteer is visiting tomaorrow. I bought the house In sagainaw and it is a vitorian built in 1914, all of the storm windows and origional screens etc where stored in the garage along with much or the origional wood work. The house has been...

    Brian’s Answer

    Your homeowner insurance ought to provide coverage for the loss. You should pursue your claim with them first. If they pay your claim, they will have subrogation rights against the drunk, and his insurance if he has any insurance. Why should you incur cost and attorney fees if you had insurance to cover this. If they do not, see an attorney as soon as possible.

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