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If one is Driven to Sucidal depression and sees a shrink and is unable to live a normal life for over a year due to an accident

Dearborn Heights, MI |

of no fault of my own of course as well as unable to sleep nerve damage along with an entire year of unemployment all not allowing me to live a normal life. Please how can all this not be consirded serious impairment what deos serious impairment really mean does one have to be impairmed for rest of his or her life or can it lead to just one year of serious impairment in order for one to recieve full amount of benfits owed to one under Michigan State Law Thankyou

Attorney Answers 3

Posted

I think you've received some poor legal advice.
Michigan's auto accident threshold law changed on July 31, 2010. Although there may have been some argument under the previous and far harsher threshold law under Kreiner v. Fischer, based upon your description I clearly see that you have a legitimate claim. Temporal/durational factors were extremely important under the old law, and there were some unpublished opinions that did suggest you need to suffer an impairment of longer than a year, such as Gagne and others. However these temporal barriers were removed by McCormick.
You certainly have a legitimate claim under our current auto injury threshold law.
Here is a link that better explains our new law in Michigan:http://www.michiganautolaw.com/auto-lawyers-blog/2010/10/21/how-mccormick-v-carrier-has-changed-auto-accident-lawsuits-in-michigan/

If you need any further assistance, please contact me. I'm happy to help.

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Asker

Posted

So if I understand this correctly given all the facts you dont have to have a serious impairment for life if you sufferd and impairment for over a year then you meet the thershold

Steven M. Gursten

Steven M. Gursten

Posted

The law and even our jury instruction is very clear that an impairment need not be permanent. The issue for you, as it is with every auto accident victim in Michigan today, is more on the extent of the impairment, not the duration of the impairment. Once that threshold is crossed, and your impairment is considered a "serious impairment" under our law, you are able to recover for your injury and pain and suffering even if you have gone on to make a good recovery. I've written quite a bit on this, and a few of my legal seminars where I presented on this topic are also available on my website www.michiganautolaw.com if you would like more information, but I hope this helps answer your concerns.

Steven M. Gursten

Steven M. Gursten

Posted

Let me add one more thought-it is possible the lawyer you spoke with may have been talking about the concern he or she has, which is quite valid, that our current law will once again be changed, either by the four very conservative republican justices on our supreme court who have all publicly said they will overturn McCormick and restore Kreiner, or by the Republican legislature that is, in our post-Citizens United world, given vast sums by the auto insurance companies in Michigan and may legislatively overturn our current law. If I could go back and re-write my original answer to you, I probably would not have phrased it as I did about getting bad advice. This is a realistic concern and unless the Court changes in the election this November, or the Democrats retake the House, I would at least caution you that although you clearly have a good case under our current law, that law may be changing and temporal and durational factors may be restored under a return to Kreiner. I'm sorry about this, and it is unfortunate that politics plays such an ugly role in our courts today, but that would be the advice I would be giving you if you were my client.

Asker

Posted

Thank you very much for your response I appricate it alot I have the up most respect for you legal work that you have done and your law firm. If i regrated anything more in my life so far it was that I didnt go to your law firm first when my accident happed. Wish me best I have my Case Eval on march 21 2012 I wish i would have come to you first.

Thomas William James

Thomas William James

Posted

If your current attorney told you that you must have a permanent injury to have a serious impairment, you should immediately go see another attorney. You can switch attorneys at anytime and for any reason. You are not stuck with your first choice. Case evaluation is a very important milestone in your case. The results of case evaluation will set the tone for the remainder of your case. "Let's just see what happens" is not the mentality you should have going into it.

Asker

Posted

Isnt too late to fire my attorney this far into the case eval Even throuhgh the agreement was if we dont win he gets nothing I pay nothing.

Posted

Who said that this wasn't a serious impairment? A serious impairment does not need to be permanent under the law. Dependent upon your pre-accident injury status, you may have a viable claim. Please call my office to discuss your case. (866) 288-6529

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Posted

Sounds like you received some bad advice that this was not a serious impairment. Search Avvo's "find a lawyer" for a good lawyer in your state.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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