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Gregory M. Janks's Answers
- 61 Legal Answers
- 0 Legal Guides
6
Attorney answers:
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Do I need an Injury lawyer?
Current MI law indicates that if a condition of a premises is "open and obvious" it was your responsibility to see/avoid same. Thus, these cases are not very viable in MI. That being said, there are exceptions to the rule and it certainly can not hurt to consult an attorney with your specific facts and see what he/she thinks. You should note, that even if you have a case, you need to be able to show Walmart had notice of/created the dangerous condition which caused your injury, and that is...
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2
Attorney answers:
Can I get my retainer back if I never signed a retainer agreement and was never given any statements as to what work he did?
As part of any finding/order of the State Bar in re: your Grievance, if the SBM chooses to do so, they can order the lawyer return your retainer or any "unused" part of it. You can also send a written demand to the lawyer for the return of your retainer and/or a statement of account. You can file a civil suit to ask for an accounting/refund, but I doubt any lawyer would be able to economically handle such a claim for you as the costs and fees would likely be more than the amount you may...
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7
Attorney answers:
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I was the victim of a hit and run accident. The owner and the operator of the vehicle are different people. Who should I sue?
The owner is liable under the owner liability statute. However if the vehicle was truly stolen (police report filed, facts check out that there was no permissive use or general availability of the vehicle to driver) then there may be no coverage. However, insurer likely to initially defend with a reservation of rights. So the claim should be against the owner and the driver and let them, the court sort out whether coverage exists or not. You also need to make an uninsured motorist claim...
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4
Attorney answers:
My son is in a facility for a brain injury from a care accident in florida and he has a guardian down there.
I believe you would want to speak to the Disability Rights Advocate to see what they plan to do for your son. If they have the matter under control, it would seem that the problem will be addressed. If you want to know what Florida law allows in regard to your son's rights, you either need to have the Guardian fill you in - or perhaps the lawyer that had the Guardian appointed can give you some information/advice. Alternatively, you may wish to hire a Florida lawyer that specializes in...
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4
Attorney answers:
My mother was invovled in an accident just a few hours ago caused by a negligant drunk driver that cause a four car collision my
Your mothers own car insurance company will pay under her No Fault PIP coverage for any medical bills (perhaps less a deductible if she purchased coverage with a deductible) - as well as 85% of any lost wages and for household services up to $20/day. She needs to make a WRITTEN claim with her own insurer asap. If she doesn't make the claim in writing within 1 year, her claim for No Fault benefits will be barred. She also may have claims against the at fault driver and/or the place where such...
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2
Attorney answers:
I have a restriction on my license and I appealed it. The attorney with me did not have paper work the SOS analyist asked for.
Any Michigan attorney you hire has the ethical duties of Diligence (MRPC 1.3), Communication (1.4) and to Terminate Representation (1.16), among other duties. You can look up the Ethics Rules @ michbar.org. The "sick" attorney needs to withdraw (1.16) if his health compromises his ability to represent you. Both lawyers, if hired, have a duty to communicate with you about your matter (1.3) and to diligently represent you (1.4). Any failure to abide by the MRPC can be the basis of a Grievance...
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4
Attorney answers:
How do I fight being found "at fault" in an auto accident in Michigan?
You have a right to ask the Police Dept. to file an Amended Accident Report (they may or may not do this) and/or have them file an Addendum with your side of the story (which they should take without a problem). You need to have pictures of the damage to both vehicles, in case this gets to the point of having to hire an accident reconstruction expert (although such an expert is costly and not really necessary unless there are issues of serious injury). You may appear @ traffic court on...
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2
Attorney answers:
Why doesn't a lawyer return a phone call to another lawyer about a case?
If you are represented, you need to speak through your attorney. Your attorney obviously can call, e-mail, mail and/or fax a proposal to the other side's attorney. If the other side won't respond, your lawyer can file a Motion with the court in re: any proposal. If you are not represented, you can do any or all of these same things. Alternatively you can show up on the day of Trial and agree to dismiss the matter. If the Judge is unhappy this wasn't done before that day, you should have...
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3
Attorney answers:
Can she sue for medical malpractice?
Your friend needs to consult an attorney who regularly handles medical malpractice cases for a free consultation. The lawyer will ask a # of questions and may need to obtain your friend's medical records and have them reviewed by an expert to determine if there is such a case to present. There are very strict rules and time limits to presenting such cases in Michigan, so it is important to seek legal advice immediately. These cases are usually very costly to bring and time consuming for the...
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4
Attorney answers:
Hit by a car in state of Michigan seven months ago and the insurance company still hasnt paid my claim and want me to do an IME
If you are in a motor vehicle crash in Michigan your car insurer should pay you No Fault Benefits if you have made a written claim to them within 1 year of the crash and have supplied supporting documentation of your wage loss, medical care expenses and/or need for replacement services. You need to supply reasonable proofs to verify any such claims. They have 30 days after receipt of such proofs to pay the claim. If they are not acting timely, you can prompt them to take more timely action or...
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