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David H. Fink
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David Fink’s Answers

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  • Am I covered for my car accident

    my wife and I live in VA, we got recently separated and I moved to Michigan where I got into a car accident. the car is registered in Michigan but the insurance is insured under her name, I was the driver at the time of the accident. am i cover...

    David’s Answer

    Contact a Michigan attorney experienced in automobile first party (or PIP) claims.

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  • Can A group students file for a class action due to false pretension of a scholarship.

    Our president has cut our budget and scholarship to $3000 a year, before we left for school it was $7500. Now she was not in office yet she was just a elect, and she wasn't planning on telling us until we got to school. Our band director we're goi...

    David’s Answer

    You should consult with an attorney whose practice is focused on class action litigation. That attorney will want more information than is provided here. For example, how many students are affected? Is this only band members, or does it affect other students? How were you first notified that you would receive $7500? Was there a written offer or letter of some kind? Did everyone receive the same letter? Who called to say your aid was being cut to $3,000? Were all students treated the same way, based upon a school policy?

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  • Is it true that adjusters are eager to settle rather than go to trial?

    Auto acc

    David’s Answer

    It sounds like you are asking a question so you can get some perspective regarding a specific pending matter. If so, you should consult with your attorney. While most cases settle, there are exceptions to every rule. There could be special factors that cause an insurance company adjuster to be less motivated to settle. For example, if the company suspects fraud or if the company is trying to discourage attorneys from bringing a certain type of case that the insurance company considers frivolous. Your attorney would probably be aware if one of those factors applies.

    Also, keep in mind that the best way to be sure that an adjuster is not "eager to settle" is to hamper your attorney's ability to prepare for trial. Adjusters have no motivation to settle a case if the other side is not preparing diligently for trial.

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  • Invited to be city rep for class action lawsuit? Good deal? any harms to me?

    Rec'd a call from a prominent law firm that is filing a class action lawsuit against red light camera tickets, asking me if I was interested in being the Class representative for a city I lived in (and got two camera tickets in). Per them this in...

    David’s Answer

    You should never choose to be a class representative in hopes of obtaining an incentive award. You should do it if you feel that there has been a wrong that needs righting and if you were personally affected adversely by the conduct in question. This should be about justice and doing the right thing; not about you trying to obtain a significant financial benefit for yourself. As a class rep, your responsibility is to the class, and your personal interests should not be contrary to the interests of other class members. If you're in it for personal financial gain, just walk away. Let someone else represent the class.

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  • My mother was in a accident while the transportation company was driving she had a cell phone in her hand my mother was in

    Back set and was throne to the other side of the car she in hospital now with fracture ribs in severe pain.my mother is 79 years of age. The Transporter was a young woman. What can be done.

    David’s Answer

    Your mother should contact a Michigan attorney (preferably in the Detroit area) right away. Her medical expenses, the cost of replacement services and attendant care costs should be covered by no-fault insurance. Depending upon how serious her injuries are, she also likely has a claim against the party at fault in the accident. Do not delay. Contact a Detroit-area attorney as soon as possible.

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  • How soon can a I win my car accident case in the fast way.

    In late December 013 I was in a severe car accident and suffer several injuries, I was the driver however the car was my friend's it was insured and I have lawyer but I'm not statified with the speed of my case .my 1st party is been funded, howeve...

    David’s Answer

    Talk to your lawyer, but, frankly, it sounds like your case is progressing appropriately. 1st party benefits should be paid quickly--that's the essence of Michigan's No-Fault statute. 3rd party claims often require more time, which is also consistent with Michigan law. The opposing party is entitled to due process, just as you are. You shouldn't be surprised that resolution of a case with contested liability is not a quick process. You have an attorney; trust him or her, and discuss your concerns with that attorney. Second guessing your lawyer and asking strangers to give you second opinions is not likely to be productive. Ask your lawyer to explain the likely schedule of your case--when was it filed? Has a trial date been set by the Court? Are there other key dates coming up--case evaluation? mediation? your deposition? the deposition of the other driver? Or, perhaps you lawyer is waiting to see how your injuries develop, so that he or she can be sure the case is not settled before you can claim the full extent of your damages. Don't let anyone tell you that there is a specific time after an accident when a case should be settled. Your lawyer, who understands the details, should be consulted. And, I strongly urge you to give him or her the benefit of the doubt. Sometimes it takes a long time to get a good result, but a delayed good result is better than an expedited bad result.

    Good luck.

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  • I was hit by a car last june had surgery on my back,his insurece co. pay me for my car,can i sure him for personoal INRGNEYS my

    spelling a little off

    David’s Answer

    Sorry about the late response. Be careful not to be your own attorney. Don't concern yourself with whether you are 50% at fault or are otherwise barred from recovery. You ABSOLUTELY MUST contact an experienced attorney who practices personal injury law in Michigan. If you have a good case, someone will take it, and you will only pay a fee if you win. So, if you haven 't already called a Michigan personal injury attorney, do so RIGHT AWAY.

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  • I fell at work from a faulty ladder, can I sue?

    (Injury date: August 5, 2014) I was on a ladder 8-10 feet off the ground. The front leg on the ladder bent causing me to fall head first on the concrete floor. I was knocked out for almost an hour. The doctors found facial injury with broken bone ...

    David’s Answer

    You should contact a Michigan Workers Compensation attorney. There are many who can help you. I suggest you call Jeff Appel at (248) 569-4400 or Richard Warsh, at (248) 357-7013.

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  • The school bus driver closed the bus double doors on my hand and start driving while I was outside the bus talking to her

    My kids elementary school bus driver start parking far away from the bus pick up point , so my kids and other students go running about 300 ft to the bus,just giving a hard time for them, and today I was question her why she's doing that ,she beca...

    David’s Answer

    • Selected as best answer

    Get medical treatment ASAP. This is a motor vehicle accident, so you are covered one way or another. If you have your own auto insurance, that will cover you. If not, you may be covered because a relative who lives with you has insurance. If neither you nor anyone with whom you live has coverage, you will be covered by the school district's insurance. After you get treatment, you should consult a Michigan personal injury law firm. While our firm would not handle your claim, we can refer you to many good Michigan attorneys who handle these types of claims.

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  • How do you start a class action lawsuit?

    I used to work (7 years) for one of the largest cellular provider companies in the US. During that time, I noticed unauthorized charges being added to many many customer bills. The company would never address the problem. I know they were/are maki...

    David’s Answer

    You should consult with a law firm (like ours) that has extensive class action experience. Even if you cannot identify a class representative, an active class action lawfirm is likely to represent individuals who could serve in that capacity (due to previous inquiries about your employer). Contacting a plaintiffs' class action firm for guidance should be free. Most of us do not charge for such inquiries. To the extent that you are looking for compensation for your information, however, you may be disappointed. Unless you have information to show that the federal government has been cheated by this scam, there may be no avenue for you to obtain any type of financial reward for your information.

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