Michigan Injury Lawyers Blog

Yet another construction worker is killed following the second southwest Michigan trench collapse in a week. Stanley Wilson of Burlington died in the work site accident - despite frantic and heroic efforts to save him. This time the location was the Kalamazoo area.

The previous work site trench collapse occurred in the Benton Harbor area.

If the grieving survivors are thinking about compensation at all at this point, it is doubtful that they are considering that the available, meager workers compensation benefits may not be their only consolation.

That is because the average person is typically unaware that the individual or company which caused the work injury may be required to pay family members hundreds of thousands or millions of dollars - provided that the negligent parties are independent or subcontractors, and not employees or partners of the injury victim's employer.

Pitfalls that confront the injured worker's family include time frames. Act with haste and claims may be overlooked. Sign a release before all responsible parties and sources of insurance have been identified, and valuable claims may be permanently waived. Fail to act before the expiration of legal deadlines and the claims are barred forever.

Burlington Man Dies In Work Related
Accident, WTVB AM 1590 Radio, September 30, 2010

Tragically, yet another employee was killed this week at a Benton Harbor, Michigan construction site. The injury victim was part of a crew assigned to demolish a downtown building. Reportedly, the worker was ascending a ladder when a support beam collapsed and caused serious injuries.

The family members of workers injured or killed on the work site often suffer a second tragedy when they learn of the paltry benefits due through workers compensation insurance. The average person simply assumes that those benefits are the only remedy for work place injuries, and takes his lumps.

That assumption, however, is a myth.

What the insurance companies don't want the public to know is that, if the incident was caused by a company or person independent of the victim's employer - traditional, unlimited "negligence" benefits may be available. Under those facts, a seriously injured worker may be entitled to millions of dollars in compensation.

WSJM AM Radio Benton Harbor, September 24, 2010

Down and out after a serious truck or car accident, many an accident victim is hit with yet a second wallop - when they learn that the negligent driver was either uninsured or carried woefully inadequate insurance coverage.

Up until the mid-twentieth century, a legal doctrine called "family immunity" barred most lawsuits by one family member against another. The rationale was the promotion of family harmony and cohesiveness.

Michigan has abolished those laws. Yet, the myth persists that it is unlawful or "wrong" to bring a claim against a family member. Nothing could be further from the truth. Especially since the "claim" is first presented to the Insurance Carrier. Since 98% of personal injury claims are settled behind the scenes, before the matter ever goes to court, the potential for bruised feelings among family members is nearly nil.

In this case, the three year old injury victim from Grand Junction, Michigan was riding in mom Jennifer Welsh's car. The driver of an oncoming vehicle caused the collision. But, reportedly, the 3 year old boy's mother had improperly secured the youngster - thereby contributing to his injuries.

That circumstance gives rise to a negligence claim against the parent, and opens the door to additional sources of compensation.

The good news is that at least two insurance companies may be obligated to pay compensation to our young victim. And that is at least a partially happy ending to the story.

Man, 3-year-old boy, injured Wednesday in two car crash in Van Buren County, The Kalamazoo Gazette, September 24, 2010

Over 30,000 people are killed each year in the US by drunk drivers - and far more than that are seriously injured.

Though no amount of money can completely compensate for the personal injuries suffered in an automobile or truck accident, putting the pieces back together often means digging up hidden sources of insurance coverage.

With so much on their plates in the aftermath of a serious injury, the last thing on an injury victim's mind is the mechanics of insurance coverage. The fact that businesses and people other than the negligent driver may be obligated to pay money to the crash victim is just one more detail that commonly escapes notice.

So when Sandra Chance of Marlette lost control while drunk driving, crashed and killed her four passengers - Brian J. Reindardt of Troy; Jeremy Smith of North Branch; Gean R. Jones of Marlette; and Jason C. Shelton of Kingston - it is hardly a surprise that no investigation was launched seeking collateral sources of insurance coverage.

Such an investigation is a critical component of complete justice. That is because an automobile accident victim who was injured by a drunk driver may be able to sue the business or bar which sold or served liquor to the negligent driver - provided that the driver was visibly intoxicated at the time. That type of lawsuit is called a "Dram Shop Action". Businesses which serve liquor are required to carry negligence insurance.

Another source of additional negligence insurance may be the homeowner's insurance of a private person who served liquor to a visibly drunk person.

Pitfalls to bringing claims like that are the short notice requirements. Miss a deadline and your claim may be lost forever.

Driver in fatal crash was drunk, Huron Daily Tribune, September 24, 2010