Timothy P. Smith’s Answers

Timothy P. Smith

Traverse City Personal Injury Lawyer.

Contributor Level 10
  1. How to find defendants policy limits Michigan due to auto accident

    Answered over 1 year ago.

    1. Timothy P. Smith
    2. Christian K. Lassen II
    3. Jason A. Waechter
    4. Timothy J. Klisz
    5. Steven M. Gursten
    6. ···
    8 lawyer answers

    In many cases, the insurance company will not voluntarily release information regarding the policy limits of their insured. When we file an auto accident lawsuit, the first thing we do is demand a copy through a Request for Production of documents. The insurance company will have 28 days to produce the policy. Make sure you check your own policy as well, because if the at-fault driver is carrying a small policy and you have under insured motorist coverage on your policy, this may provide...

    9 lawyers agreed with this answer

  2. I hit a guardrail due too being clipped on my right back quarter panel can I sue pain/suffering

    Answered over 1 year ago.

    1. Timothy P. Smith
    2. Christian K. Lassen II
    3. Mickey David Larson
    4. Michael R Crosner
    5. Daniel Nelson Deasy
    6. ···
    10 lawyer answers

    The quick answer to your question is, "maybe". It depends on your auto insurance policy. If you had UM or uninsured motorist coverage, then you may be able to make a claim for pain and suffering. It also will depend on the severity of your injuries. UM coverage typically covers hit and run type accidents. I've attached an article I wrote on the issue of uninsured motorist coverage that should provide you with more insight to this particular legal issue. Feel free to call with any...

    9 lawyers agreed with this answer

  3. At this point what help/benefits should I be receiving on my pedestrian injury case

    Answered 7 months ago.

    1. Timothy P. Smith
    2. Gregory M. Janks
    3. Daniel J. Melican
    4. Jerome A. Konkel
    5. James J. Wascha
    6. ···
    9 lawyer answers

    You have benefits available first through your own auto insurance company. As a pedestrian, they have 1st priority for your First Party benefits - medical bill payment, lost wages, assistance around the home, & mileage reimbursement to and from doctors appointments. If you didn't have any auto insurance, then 2nd priority would be through your spouse or a resident relative. If there is no auto insurance through your spouse or resident relative, then the auto insurance company for the car that...

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  4. How long wrongful death works

    Answered over 1 year ago.

    1. Timothy P. Smith
    2. Daniel J. Melican
    3. Philip Anthony Fabiano
    4. Tatiana Kadetskaya
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    First, I'm sorry for your loss. Second, the biggest concern isn't how long it will take in Detroit Courts, but how long you have to file suit. You need to retain counsel and file suit immediately on the civil claim. The majority of cases do settle before trial, but make sure you retain someone who has the experience to take this case through trial and obtain the result you deserve. Lastly, the prosecutor will have the ultimate say on whether or not the criminal action is filed and/or goes to...

    6 lawyers agreed with this answer

  5. I was in a car accident, rear ended by a truck on the highway.

    Answered about 5 years ago.

    1. Timothy P. Smith
    2. Timothy J. Klisz
    3. Lars A. Lundeen
    4. Kenneth L. Shigley
    5 lawyer answers

    Raymond: I realized I didn't answer your final question, "do I really need to hire a lawyer if he's just going to take 33% of my recovery"? The answer is - it depends. If you were hit by a driver carrying PL/PD and a 20,000/40,000 policy and they were offering to pay you the full policy limits of $20,000 I would say you don't need a lawyer to handle that claim. I've had people come into my office with the same scenario and I, at no charge, agreed to simply review the paperwork [the...

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  6. What would be "reasonable charges" for home Supervision/Attendant Care provided by a family member or friend?

    Answered over 1 year ago.

    1. Timothy P. Smith
    2. John F. Brennan
    3. Gary P. Bartosiewicz
    3 lawyer answers

    The rate of reimbursement is a common battle between insurance companies and their insureds. I have many clients that receive annual increases in their reimbursement rate. Ultimately the reasonable rate of reimbursement will be found by looking at the level of care prescribed and provided and the rates charged by commercial agencies in your area for that type of care. $10.67 is a low rate for even the lowest level of supervisory care provided by family members. If you have further questions,...

    2 lawyers agreed with this answer

  7. Can i sue the landlord for sheatrock falling on my head?

    Answered about 2 years ago.

    1. Timothy P. Smith
    2. Ezra N. Goldman
    2 lawyer answers

    Generally speaking, landlords have a duty to keep the premise in reasonable repair during the life of the lease. I've seen some courts extend this duty to guests of tenants and this makes for an easier liability claim. Other cases have held that the duty owed by the landlord to tenants doesn't extend to guests and they treat guests as licensees of the landlord which is a more difficult liability claim. Either way, with your facts, it is a viable claim against the landlord for failing to...

    2 lawyers agreed with this answer

  8. How much of my husband's 401k can I go after during the divorce?

    Answered about 5 years ago.

    1. Timothy P. Smith
    1 lawyer answer

    Typically, since Michigan is a No-Fault Divorce state, the spouse is entitled to 1/2 of the marital assets upon divorce. There are factors for the court to consider in shifting the asset division into bigger or smaller shares, but generally speaking, it's 50/50. In your case, we have a short term marriage and we should only look at the value of the asset during that short marital period. Whether we are talking about the house, the 401K or any other major asset, we need to know a couple...

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  9. I was in a car accident, rear ended by a truck on the highway.

    Answered about 5 years ago.

    1. Timothy P. Smith
    2. Timothy J. Klisz
    3. Lars A. Lundeen
    4. Kenneth L. Shigley
    5 lawyer answers

    I have often times told my clients to sit tight until you know how well you are going to recover form the surgeries. Often times, it takes up to 12 months for a person to reach maximum medical recovery from an auto accident surgery. In the meantime, your own auto insurance company will pay you 85% of your gross wage from before the accident to keep your bills paid while you focus on recovering from the surgeries. They will also pay all medical bills, mileage to and from your doctor appointments...

    1 lawyer agreed with this answer

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  10. My husband sometimes throws things at me, chairs, water bottles, etc., he then says its my fault.

    Answered about 5 years ago.

    1. Timothy P. Smith
    1 lawyer answer

    1. This relationship is unhealthy. You need to get out. 2. Get a restraining order. If he has physically assaulted you by throwing things at you - even if he missed or it didn't hurt - you can get a restraining order from a local judge. 3. The restraining order should bar him from coming into the home and being within 500 feet of you. This will allow you to feel safe at home with the children. 4. File for divorce. In Michigan, everything that you and he accumulated during the course of the...

    3 people marked this answer as helpful