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Timothy P. Smith

Timothy Smith’s Answers

45 total


  • Can a consumer creditor extend a judgment that has expired.

    My judgment has expired. Yet garnishment attempts are still being made. I ask the court clerk if a judgment discharge can be initiated. His reply was that a creditor can ask the judge for a judgment extension and that it would be up to the judge t...

    Timothy’s Answer

    Typically, a Michigan Judgment is good for 10 years. Prior to that 10 year date, a creditor can apply for and receive a "judgment renewal" which makes the judgment good for another 10 years. But, the creditor only gets one renewal. If the judgment had "expired" as you indicated or the "extension" you spoke of was sought after the 10 year anniversary of the original judgment date, then your creditor is probably out of luck and the judgment is no longer good.

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

    I'm almost 7mos in since my pedestrian hit & run accident occurred, two weeks ago I finally got my mri scan and am awaiting my first doc appointment regarding the results and possible surgery. Each time I contact my attorneys office I get the run ...

    Timothy’s Answer

    • Selected as best answer

    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 hit you. It sounds like you have enough re: the driver to track that down. These benefits are payable immediately. BUT, you have to file a claim for those benefits within one year of the date of accident. Failure to do so will forever bar you from filing a claim for these benefits. You need to contact your attorney immediately to confirm that the application for benefits was filed.

    You claim for pain and suffering damages [3rd party claim] will be dependent on the MRI and potential surgery. It's too early to tell if you qualify, but you clearly need to make sure your 1st party application for benefits was filed and that all expenses were submitted to that carrier. Call your attorney today.

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  • How long wrongful death works

    my spouse was killed by a white negligence driver in 2011 october in detroit on his way to conference from his hotel. the suspect was not arrested and sentenced to 6 months probation. suspect took deal with the prosecutor. since my spouse is my ...

    Timothy’s Answer

    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 trial. That will be out of your control. If that driver is already on probation, the criminal matter is probably concluded. The civil lawsuit against the at-fault-driver and the car owner is within your control. You need to contact an attorney immediately and file suit. Did you file for and obtain the benefits from your spouses auto insuror within the first year? This requires immediate action as well.

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  • How to find defendants policy limits Michigan due to auto accident

    my spouse died due to negligence of other driver. its been 7 months other party is not releasing the information Michigan.ago(said i will release after the police report) received report 1 month ago spouse not at fault. insurance company still did...

    Timothy’s Answer

    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 additional insurance proceeds to your family/your wife's estate.

    If you have to attend a deposition, it sounds like you already have an attorney and have filed a lawsuit. Your attorney can fill you in on what to expect in a deposition and he/she should be attending it with you. Your attorney should also demand production of the insurance policy. If they refuse to timely produce the policy, your attorney can file a Motion to Compel with the court and the judge will order the insurance company to produce it.

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

    My wife received her TBI in 1989. Her first script for 24/7 supervision/attendant care from her neurologist came about 18 months afterward. My wife asked her neurologist specifically if I could provide it due to her aversion to outsiders in our ho...

    Timothy’s Answer

    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, feel free to call.

    -Tim

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

    I was on east bound I-94 coming from Kzoo and the car must have kept going because the police could not locate the car so he didn't dictate who was at fault and I suffered major injuries.

    Timothy’s Answer

    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 questions.

    -Tim

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

    I have been staying at my boyfriends house on and off for about 6 months and at 430 am i was woke up by a few heavy pieces of sheatrock falling through the tile and on my head. Which resulted about a 3 inch gash and 5 staples. What are my options?

    Timothy’s Answer

    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 maintain the premise and you should be able to recover damages for the injuries you've described.

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  • Am I facing possible sex offender registry?

    I was arrested for indecent exposure after entering a wet T-shirt contest in which I never actually exposed myself. I was scared and refused to give them my name. I have no priors but definitely made the cops very angry by my lack of cooperation a...

    Timothy’s Answer

    The prior answer is generally correct, but if you are charged with Aggravated Indecent Exposure under MCL 750.335a2b & the victim is less than 18 years of age, it is a Tier 1 offense and would require registration. If there were 17 y/o's in the crowd watching, the prosecution could charge it this way and a conviction would require Tier 1 registration which is a 15 year registration.

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  • Can I file a personal injury claim ?

    I was in a head on collision, the other driver was at fault and under the influence of drugs. My jeep was totaled and i've been in the hosp with multiple broken bones for 3 weeks now. I didn't have car insurance, Is there any claims I can file ...

    Timothy’s Answer

    I practice in Michigan. Michigan law is different than many other states.

    There are three claims available to drivers in Michigan - 1. 1st party claim: medical benefits/3 years of wage loss/3 years of household service reimbursement from your insuror; 2. 3rd party claim - a claim for pain and suffering and excess wages/household services beyond 3 years; and, 3. collision damage to your car.

    Since you had no insurance, you don't have a claim for medical benefits or wage loss/household services for the first three years. Also, you have no collision coverage since your insurance had lapsed.

    Your claim against the at fault driver [a 3rd party claim] is limited to only wage loss/household services beyond the 3 year anniversary date of the accident. Because you were uninsured, you lost the right to a pain and suffering claim against the at-fault driver. For more information, my firm's website has articles on No-Fault law and your rights. Go to: www.Smith-Johnson.com

    Timothy P. Smith
    Smith & Johnson, Attorneys PC
    www.smith-johnson.com
    tsmith@smith-johnson.com

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  • Can I get a copy of my noncompete and/or my employee file when I resigned in Michigan?

    I have reasons to believe the company lost my employee file. I would like to get a copy of all signed documents in my employee file, including the non-compete. Is the employer obligated to furnish me with a copy of the noncompete if I requested? o...

    Timothy’s Answer

    The short answer is yes. The Bullard-Plawecki Employee Right To Know Act guarantees you access to your file.

    Failure of the employer to provide the requested information subjects them to the civil penalties and fines provided for under the above cited act.

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