I have received a large number of phone calls from customers that suffered food poisoning injuries at the Kent, Ohio Chipotle Mexican Grill.  Many have hired me as their attorney and others are deciding whether to hire a lawyer or whether they should try to work out a settlement with the Gallagher-Bassett adjusters hired by the restaurant to make the claims go away.  There are several considerations for those not sure how to proceed.

First, if you handle the case yourself, the advantage would clearly be that you would not incur a contingent attorney fee and you would keep the full settlement check for yourself.  This is not a bad strategy if you had a very mild illness and did not incur medical treatment and are willing to accept a fast and nominal settlement.  In such circumstances, resolving the case yourself can make sense.

Second, if you were seriously ill and received medical attention, you may not get full compensation for your injuries by settling the case by yourself.  Many claimants get substantially better settlements when represented by experienced counsel and wind up much better off even after paying attorney’s fees.

Third, you need to be aware that if you settle the case by yourself with the adjuster, you will be required to sign a Release, which is a waiver of all future claims.  While this is standard in every case, you must know that you will also be releasing the restaurant chain of all other claims made by third-parties against you, such as your health insurance company.  Many people simply do not know that your health insurance company most likely has a provision in your contract, even in group contracts, that entitles them to recover from you the amounts they paid for your medical treatment. 

For example, if you were hospitalized and your medical insurer paid $15,000 for your treatment and testing and you receive a settlement of $15,000, the health insurance company may want all of that money back.  If you settle your case and sign a Release, you are holding the restaurant harmless for this amount and the health insurance company can come after you for those funds.  An experienced attorney understands these issues and works to protect you from anyone coming back at you after you have settled your case.

As you can see, there are important things to consider other than just a quick settlement.  Because every case is different, you simply must look at your situation and make the best choice.  If you are not sure where you fit in, just give me a call and I’ll gladly answer your questions.  I can be reached at 1-800-606-1717

Under the Michigan No-Fault Insurance laws, a person who suffers a serious injury in a motor vehicle accident can often make claims with the insurance company to have their residence or home modified to accomodate their special needs resulting from the accident.  This is a tremendous benefit that every injury victim should know about and it is especially beneficial to patients with life-changing injuries, like spinal cord injuries. 

Attorney Daniel L Buckfire at my office authored “The Ultimate Michigan Car Accident Handbook” which explains these benefits, and other no-fault insurance benefits, to injury victims in plain English.  This includes a section on Home Modifications and Accomodations, which I have pasted below.  For a free copy of the book itself, simply click  here to request your copy.  Also feel free to call anytime with questions about your situation. 

Type of Benefit

Home Modifications and Accommodations 

What is it for? 

Home modification benefits are paid when the injured person cannot comfortably live in his or her current home or apartment because of physical limitations caused by injuries from the accident.  The insurance company is required to pay for remodeling for items such as handicapped ramps, additional rooms, wider doorways, and even bathrooms and showers to make it easier for an injured person to live in the home.

How much can I get for home modifications? 

The dollar amount paid for these services depends on the type of disability and the special needs of the injured person.  Typically, an architect or contractor works alongside the medical provider to design the most appropriate changes for the home.  There is no limit on the amount as long as it is reasonable and necessary.

What if I rent an apartment or live with a family member or friend? 

You are still entitled to have this remodeling done if you live in an apartment or live with someone else.  If you live in an apartment, the insurance company may be required to remodel your apartment or may have to find a better place for you to live that is equipped with accommodations to meet your needs.  The insurance company may be required to pay for this residence in full or in part.

How do I file my claim? 

The claim must be submitted to the insurance adjuster assigned to your claim. 

What type of documentation do I need? 

You need a prescription from your doctor or an occupational therapist for these modifications and a reasonable plan for the remodeling.   You may need to enter into a contract with a construction company for the needed remodeling.

How much time do I have to file my claim? 

You should submit your claim these expenses once it has been determined by a doctor that it is necessary and you have a contract for the necessary remodeling work.

What do I do if the insurance company refuses to pay these benefits?

If your insurance company refuses to pay these benefits, your only recourse is to file a lawsuit against the company that demands payment for the expenses.

How much time do I have to file my lawsuit? 

If the claims are presented within one year but are not paid by the insurance company within one year of the date of expense or claim, it will be necessary to start a lawsuit within that one year period in order to protect your claim.  If you choose to begin a lawsuit against your insurance company for No-Fault benefits, you must file a lawsuit within ONE YEAR of the date on which the last unpaid No-Fault benefit was incurred.

If you fail to file your lawsuit within this one year period, you will lose the right to have the benefit or expense paid.

As you are approaching the one year anniversary of your car accident, and there are any outstanding claims that have not been paid by the insurance company, we recommend that you file a lawsuit prior to the one year anniversary of the accident.

As a Michigan personal injury lawyer, I find myself frequently explaining to clients and even friends that much of the public perception regarding personal injury lawsuits are really just myths.  In my book, “The Ultimate Guide To Injury Cases in Michigan,” I explain the legal process and describe the most commony myths for personal injury claims.  To request a free copy of my book, simply click here now.  I have pasted below an excerpt from my book on these myths.

MYTHS 

Ø    If you write a letter to the insurance company and are reasonable, you will get a reasonable settlement proposal. 

Ø    When you are in an accident and the insurance adjuster calls you to ask for a recorded statement, you have to give the adjuster a recorded statement or the insurance company will not settle with you. 

Ø    All lawyers who advertise that they handle accident cases have the same ability, tools and experience to handle your case. 

Ø    The insurance company for the person who caused your injuries is obligated to pay your medical. 

Ø    The tort liability system is some sort of lottery that will help you get rich. 

Ø    Just because there has been an accident and it was not your fault, there must be some insurance company that will pay for your medical bills, lost wages and injuries.  

Ø    Juries in

Attorney Daniel L. Buckfire from my firm wrote a great book on the Michigan No-Fault Laws, called “The Ultimate Michigan Car Accident Handbook.”  You can request a free copy by clicking here.  The book has a section on the special transportation expense benefits available for Michigan car accident victims under the no-fault insurance laws.  I have pasted that portion of the book below for review.  Please contact us with any questions about your case by completing the contact form or calling us at 1-800-60-1717.

Special Transportation 

What is it for? 

This is for a van or specially equipped van or vehicle to take you to and from your medical appointments.  This is often required for persons in wheelchairs or other equipment that requires special transportation.

How much can I get? 

The insurance company must pay the reasonable cost for this transportation.

How long can I get it for? 

You are entitled to these benefits as long as you need to get to and from your medical appointments to be treated for the injuries that you suffered in the accident.

How do I file my claim? 

The claim must be submitted to the insurance adjuster assigned to your claim. 

What type of documentation do I need? 

You need to submit the invoice or bill from the transportation company and a prescription from your doctor for this type of service.

How much time do I have to file my claim? 

You should submit your claim for special transportation services every thirty days, but claims for transportation services can be submitted up to within one year of the date of service.

What do I do if the insurance company refuses to pay these benefits?

If your insurance company refuses to pay these benefits, your only recourse is to file a lawsuit against the company that demands payment for the services.

How much time do I have to file my lawsuit? 

If the claims are presented within one year but are not paid by the insurance company within one year of the date of expense or claim, it will be necessary to start a lawsuit within that one year period in order to protect your claim.  If you choose to begin a lawsuit against your insurance company for No-Fault benefits, you must file a lawsuit within ONE YEAR of the date on which the last unpaid No-Fault benefit was incurred.

If you fail to file your lawsuit within this one year period, you will lose the right to have the benefit or expense paid.

As you are approaching the one year anniversary of your car accident, and there are any outstanding claims that have not been paid by the insurance company, we recommend that you file a lawsuit prior to the one year anniversary of the accident.

A major medical malpractice birth injury verdict was reported today for a child who suffered permament brain damage as a result of medical negligence at the time she was born.  The jury found that the physician and hospital were negligent when the baby was stuck in the birth canal for more than 13 hours and failed to take necessary measures for a safe delivery.  The mother had a narrow pelvic arch which doctors should have known would make the delivery difficult.  The suit alleged that the baby suffered brain damage because because it was unable to fit through the narrow opening.  The child, now age 11, is a spastic quadraplegic and will need care and supervision for the rest of her life.

My firm specializes in child and baby injury cases and I often see the tragic consequences on innocent children from all types of traumas, including medical malpractice, lead paint poisoning, and even car accidents.  Settlements in these cases are necessary to provide for the long term care and maintenance of the child, who most likely will be unable to work or earn income for his or her lifetime.  Trust funds are often established with the settlement proceeds for this purpose.