Legal FAQ's

Do I actually need a lawyer?

Yes, in most cases. We will answer your questions without obligation and without charge so that you can make that decision. However, generally speaking, many accidents involve difficult legal and factual issues which can be best sorted out by an attorney who is trained in handling such claims.

Further, without an attorney an insurance company may underestimate or undervalue the amount of money you are entitled to receive as a result of injuries that you or someone else you know may have sustained in an accident. We are well-versed in dealing directly with insurance companies to assure that our client’s benefits are being paid and/or that they are receiving adequate compensation for their injuries.

Similarly, serious accidents oftentimes have long-term effects on an individual’s physical and emotional well-being. In those cases, the client is not well enough to handle the rigors of litigation and the stresses that the insurance company and the defense lawyers for the insurance companies generate. Our goal is to stop adding “insult” to the injury you have suffered and protect your from these insurance companies and defense lawyers.

To that end, while insurance companies do, on rare occasions, admit fault, almost always they hotly contest the nature and extent of the injuries suffered by you, an innocent victim. The insurance company will oftentimes look for every way imaginable to avoid responsibility for the full extent of a victim’s injuries. Oftentimes insurance companies will claim that your injury was a result of some pre-existing condition or caused by a previous or subsequent accident or injury. Sometimes they will even go as far as to claim that you are exaggerating your injury. Special expertise is required to develop the evidence necessary to prove the full extent of your injuries and their relationship to this accident. Let us do the work for you.

Finally, personal injury litigation is a specialty. Oftentimes merely identifying the available auto insurance coverages in a given accident is a complicated matter. For example, in the case of an uninsured or underinsured driver, a number of different policies may be involved. Some times there are notice provisions under the various insurance policies that must be complied with in order to process your claim. Our experience in the personal injury field will help you accurately identify all potential policies and sources of coverage that might inure to your benefit.

In summary, an injured victim such as yourself has nothing to lose and a great deal to gain by contacting us for free legal consultation concerning any injury claim.

If you are contacted by an insurance adjuster, be forewarned. They do not represent your best interests. They oftentimes advise personal injury victims such as yourself that they do not need a lawyer and that a lawyer will only cost them more money in the long run. Suffice it to say that the relationship between an injured victim such as yourself and the wrongdoer’s insurance company is an adversarial relationship. The insurance company’s only concern is to settle your claim as quickly and cheaply as possible. They have no concern for your well-being and are not looking to protect your best interests. That is where we, as your lawyer, can help make the difference.

Does Goodman, Acker, P.C., allow for free initial consultation?

Absolutely. Here at Goodman, Acker, P.C., we will be happy to discuss your case with you. There is never a charge for consultation. Call us at 248-483-5000, or if you would prefer, take a moment to fill out our online case evaluation, and one of our experienced attorneys will be sure to get back with you within 24 hours.

How might we help you?

If we accept your case, all of our professional resources will be directed to resolving the unique issues involved in your particular case and in obtaining maximum dollar recovery on your behalf. While no one can completely remedy or give back to you everything you may have lost by way of a serious personal injury, through our professional services, we can help put your life back together and get you back on your feet.

Our firm is dedicated to servicing personal injury victims such as yourself. We take pride in preparing all claims with attention to detail. We are tough, aggressive, and experienced legal counsel. Because of this fact, many of our cases do settle without the need for trial and/or arbitration. If attendance at trial and/or arbitration becomes necessary, rest-assured that you as our client will be well-prepared.

A contract for our professional services means that you can expect, among other things, us to help you:

  1. Educate and inform you about the factual and legal issues involved in your particular case.
  2. Carefully and properly evaluate the human and economic loss components to your claim and so as to maximize the potential recovery.
  3. Demonstrate power and strength in negotiations.
  4. Present a “winning” case on your behalf (though results cannot be guaranteed).
  5. Work tirelessly on your behalf until the case is over.

What do our services cost?

The Michigan Code of Professional Conduct provides that we inform you of various payment methods available to retain our services. The first of which is an hourly rate. We decide this hourly rate on a case-by-case basis with due consideration given to the time and complexity involved, as well as the lawyer who will be handling the file. However, this can oftentimes be expensive and cost-prohibitive to a client. Therefore, the vast majority of our personal injury claims are operated under what is known as a contingency fee agreement. Simply put, a contingency fee agreement means that you only pay the attorney if the attorney makes a successful recovery on your behalf. If there is no recovery, you owe the attorney nothing by way of an attorney fee. The standard contingency fee in Michigan is one-third of the total recovery.

What are your office hours?

Our regular office hours are Monday through Friday 8:30 a.m. – 5:00 p.m. However, we recognize that oftentimes people are in need of emergency assistance – an accident can occur at anytime of day/night. In those situations, a person may need to meet with an attorney from our office after normal office hours. We recognize this fact and are more than amenable to coming to a perspective client’s home, hospital, or place of business. When you contact us, we can discuss what time and place works best.

How much is my claim worth?

This is one of the first things that our clients would like to know. However, even the most experienced personal injury attorneys would never go about trying to answer this question until they have had an adequate opportunity to fully investigate the underlying facts and obtain adequate information about the damages.

Sometimes it takes several months after an accident before all the necessary factors become known that will in turn enable the lawyer to make an informed decision about the evaluation of your particular claim. Once that occurs, the lawyer can begin settlement negotiations with any insurance company that may be affording coverage. If the client insists on a quick settlement, this might be accomplished, but many times the client will end up getting less than the full value of the claim. Yet another problem with settling too soon is that sometimes injuries do not appear for weeks or months later as injuries are oftentimes progressive in nature. Once a claim has been settled and the responsible party released, the claim cannot be re-opened or prosecuted against them.

Our firm prides itself in settling every claim for “top dollar.” While we have a high volume practice. We pride ourselves in the quality of the cases we take on as opposed to quantity. We do not sacrifice the value of our client’s claims in favor of quick and easy settlements when adequate compensation has not been offered in exchange.

Oftentimes we are successful in achieving a full and fair settlement even before we resort to filing a lawsuit in court. We have a great deal of experience and have developed contacts over the years in dealing with various insurance companies. If, despite our best efforts, settlement negotiations do not result in a settlement, we immediately file suit and push the case through the court system as rapidly as is possible. Our goal remains the same throughout – that is to achieve the maximum dollar recovery for our client.

Is it possible to settle out of court without having to go to trial?

Yes. The vast majority of our cases settle before trial. Oftentimes the insurance companies that represent the wrongdoers come to an understanding that if they proceed to trial a jury of your peers may very well return a verdict in your favor for significant monetary damages. It is not at all uncommon that the insurance company will solicit a demand or make an offer after the case is put into suit because of this fact.

If I was also at fault, what impact does it have on my claim?

Under Michigan Law there may be more than one cause for an accident. Michigan is a comparative fault state. That is, the jury will take into consideration the conduct of all parties who may have caused or contributed to your injuries. The jury will then assess fault amongst the various persons. For example, if a jury were to decide that you were 20% at fault for causing the accident, any damages you might recover would be reduced by 20%. However, if your fault is found to be greater than 50% percent, you will receive no compensation for non-economic damages (i.e., pain and suffering). You might still be able to recover economic damages (i.e., wage loss, medical expenditures, etc.), however, any economic damage recovery will be reduced by that percentage of comparative fault that might be attributable to your conduct.

How long will my lawsuit take?

Again, this varies from case-to-case. Many cases are settled within months of retaining counsel and some even prior to suit. Others take longer. Factors that can affect the length that a lawsuit may take, including, though are not limited to, where the action is pending, the complexity of the lawsuit, the nature and extent of the injuries involved, and ongoing medical treatment. At Goodman, Acker, P.C., we will be able to provide you with an educated guess as to how long your case may take during your initial consultation.

What damages might I be entitled to recover?

In Michigan a victim of accidental injury may be entitled to recover damages, including, but not limited to, medical expenses, lost earnings, lost earning capacity, physical pain and suffering, mental anguish, physical impairment and disfigurement, all in the past and into the future. If the injury is serious and disabling, a spouse, parent, and/or child might also make a separate and additional claim for loss of consortium and companionship. Further, in wrongful death cases, the spouse, children, parents, and heirs of the deceased may sue for monetary damages. More distant relatives of the deceased and unrelated persons cannot make a claim, however.

What happens if my child was injured?

Minors (children under the age of 18) technically lack the legal capacity to make a contract or sign a release. As such, claims for an injured children are oftentimes brought by their next friend on their behalf. We can arrange for appointment of a next friend to help prosecute the claim on behalf of your child. Normally, this is one or both of the child’s parents. However, it could also be a relative or person closest to the injured child. In Michigan, settlement of major personal injury cases require court approval to ensure the interests of the child are protected.

If I have been injured, what steps should I take to protect my legal rights?

The very first thing we suggest you do is to contact Goodman Acker, P.C., for consultation. It is critical that you not do anything that might adversely affect or prejudice your rights. No statements, written or recorded, should be given to adjusters or investigators. No signed authorizations permitting the insurance company of the wrongdoer to have access to your medical providers and no records should be provided without the advice of counsel.

How do I select the right attorney for my serious injury claim?

While many lawyers profess to be experienced in personal injury, many lack the requisite degree of skill and training to adequately represent victims of serious personal injury and maximize a potential recovery for those injuries. Here at Goodman, Acker, P.C., personal injury work is all we do. We are competent, experienced, and aggressive litigators. Our reputation precedes us, and we have long-standing relationships with many insurance companies and adjusters that work in your favor. We are members of many state and national organizations which specialize in representing of seriously injured individuals such as yourself. When you meet with us, please feel free to inquire about our qualifications and experience with serious injury matters. Feel free to inquire about the knowledge about your Goodman, Acker attorney with the particular injuries involved. We also encourage that you explore the experience of our firm with the type of liability claim that would be involved. After answering your questions, we are confident you will see why Goodman, Acker, P.C., is one of the most successful personal injury law firms in the State of Michigan.

Remember that insurance companies and defense attorneys alike oftentimes consider the skill and expertise of legal representation in considering whether or not to pay and how much. This is particularly true when “serious injuries” are at issue. Their knowledge that a full and convincing presentation of your damages will be ultimately made to any jury by our office has a substantial impact on the evaluation of the claim in our experience.

What should I do after an accident and personal injury?

Immediately following an accident where you have injured, it is very important to take certain steps to protect your rights:

  1. If involved in an automobile accident, immediately after the collision and if you are physically able, obtain the name, address, telephone number, driver’s license information, and insurance information of the other parties involved. Write it down someplace where you won’t forget it. Keep it someplace where you won’t lose it.
  2. If involved in slip and fall or trip and fall accident, as soon as you are able, be sure to look at what caused you to trip and/or slip and fall. See if you can determine what caused the condition to materialize and see if you can determine where the condition came from, what caused the condition, and how long it may have been there based on the physical surroundings.
  3. If there are any witnesses at the scene of your accident, ask them to give you their name and telephone number so you might be able to contact them, if necessary.
  4. If you are injured on the property of a commercial establishment, like a department store, restaurant, or grocery store, be sure to report the incident to personnel and be sure the incident is documented by the personnel by way of some written form.
  5. At the scene of any automobile collision, call the police, since you are required by law to do so, and this will ensure that the offending driver, if any, is given a citation. Do not leave the scene of the accident until such time as the officers have authorized to do so. The presence of police officers will help to assist in interviewing witnesses at the accident scene. By all means, if the police recommend you be transported by ambulance to a medical facility, follow their recommendation.
  6. At your first available opportunity, contact your insurance agent and/or your insurance carrier and report your accident to them.
  7. When and if the offending driver’s insurance company and/or other driver contacts you directly for purposes of giving a statement or signing an authorization to release medical information, respectfully decline to do so. Refer them to your attorney, Goodman, Acker, P.C. Ask that they only contact you by and through your attorneys in the future.
  8. If you have gone to an emergency room, contact your family physician or recommended specialists as soon as possible for necessary follow up treatment.
  9. If you need to see a doctor for injuries you sustained, be careful in what you tell your doctor about how the accident occurred so that he may accurately reflect that in the history, and be sure to explain to your doctor the full nature and extent of any complaints you may be experiencing at the time of the examination, as well as what you have experienced leading up to the examination.
  10. Shortly after the accident, take time to write down a detailed accounting and/or chronology as to the facts and circumstances surrounding your accident while it is fresh in your mind.
  11. If you have been injured by any kind of product, you should be sure to retain all parts of the product and all purchase documents in order to prove a claim against the company responsible.
  12. If medical receipts or bills are generated regarding your injuries and treatment, you should save those documents as well so as to make a claim for out of pocket expenditures at a later date.
  13. You should keep a log of all events regarding your condition and document any pain and suffering, loss of work, impairment, and/or life impact as it occurs on a daily basis.
  14. As the saying goes, “a picture is worth a thousand words.” Arrange for photographs to be taken of any cuts, bruises, visible injuries, slings, casts, and/or other devices.
  15. Similarly, if you have been injured in a slip and fall, an auto accident, or the like, you should attempt to take pictures of the condition you deem to be responsible as soon as possible. This will help document the unsafe condition and is especially important in proving the existence of transient hazards such as ice, snow, water, oil, etc.
  16. If you are inside a premises, be sure to bring the matter to the attention of personnel in charge so they may document your injuries, your potential claim, and the existence of the unsafe condition. Be sure to point out to the premises owner and/or occupier where you fell or what caused your injury. Be sure they write it down. They are obligated to preserve this documentation and it might prove to be extremely important to any lawsuit you might file in the future.
  17. Be sure to contact Goodman, Acker, P.C., your personal injury specialists as soon as possible to assist in your claim.
  18. Please keep an accurate record of all time lost from work because of your injuries, including time off to visit doctors and therapists. Please have your employer send Goodman, Acker, P.C., written confirmation of the amount of wages represented by this time lost. We require this information even if you are compensated for your lost pay through sick leave or vacation time.
  19. Similarly, provide us with copies of all your medical, hospital, and/or pharmaceutical bills. Keep a record of any out-of-pocket expenditures you might have in connection with your accident such as the hiring of extra help around house, mileage, or taxi fare for doctor visits. All these expenses should be paid by check and you should get a receipt so that there is a paper trail.
  20. If you have health or medical insurance to cover medical bills, please consult with us prior to submission.

When should I hire a lawyer?

If you are going to retain legal counsel, you should always do it sooner rather than later. Evidence can spoil or be lost. Oftentimes we find witnesses who are first more than willing to help become uncooperative or their memory forgets as time passes. Consulting with an attorney during the early stages of the case can help secure this evidence and supportive testimony.

 
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