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Cochran, Kroll & Associates, PC
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Cochran, Kroll and Associates Cochran, Kroll and Associates
For Immediate Release:
Dateline: Detroit, MI
Wednesday, September 23, 2020

 

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Cochran, Kroll & Associates, PChttps://cochranlaw.comMedical Malpractice & Personal Injury LawyersThu, 17 Sep 2020 09:53:25 +0000en-UShourly 1 https://wordpress.org/?v=5.5.1https://cochranlaw.com/wp-content/uploads/cropped-favicon_cochran-kroll-32x32.pngCochran, Kroll & Associates, PChttps://cochranlaw.com3232How Much Time is There to File a Michigan Car Accident Lawsuithttps://cochranlaw.com/accidents-injuries-topics/how-much-time-to-tile-a-michigan-car-accident-lawsuit/Mon, 31 Aug 2020 06:36:53 +0000https://cochranlaw.com/?p=20629After a car accident, there’s a lot to do. You need to work with the police, your insurance company, and maybe doctors and hospitals. In the state of Michigan, you have three years from the date of the accident to file a lawsuit. However, there are other time limits to consider. To ensure you don’t …

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]]>After a car accident, there’s a lot to do. You need to work with the police, your insurance company, and maybe doctors and hospitals.

In the state of Michigan, you have three years from the date of the accident to file a lawsuit. However, there are other time limits to consider.

To ensure you don’t miss any deadlines, consider working with an experienced personal injury lawyer. They can guide you through the process of filing and appearing in court.

What to Do Immediately After an Accident

There are several essential steps you need to follow after a car accident. The first thing to remember after an accident is to stay calm. You must remain at the scene, and you should exchange insurance and contact information with other drivers.

When you’re exchanging information, make sure not to admit fault. In Michigan, the no-fault policy covers auto accidents, but admitting fault could create problems for you later.

Check on everyone involved, and if there are any injuries, call an ambulance.

If the accident is serious, you’ll also need to call the police. Don’t leave the scene until the police arrive and give you the all-clear.

Take pictures of where the accident occurred, any damage to your vehicle, and any injuries. If you have a dashcam, remember to remove it from the car if you have to call a tow truck.

If you or one of your passengers require medical assistance, keep detailed records of all diagnoses, doctor appointments, and any associated costs.

Important Deadlines

In the days following the accident, there are several important deadlines you shouldn’t miss.

You need to report the accident to your auto insurance company within 30 days. You should receive some no-fault insurance benefits, and the sooner you submit your report, the faster you’ll receive compensation.

You might also need to report the accident to the police if you haven’t already done so. An accident involving over $1,000 worth of damage or serious injury or death must be reported as soon as possible to the police. You don’t have to register a fender bender with the police, but you may do so.

If you want to pursue injury claims, it’s better to file sooner rather than later, so your case isn’t dismissed for missing the deadline.

Should I File a Car Accident Lawsuit?

Under Michigan law, all drivers must have no-fault insurance. You’ll still receive some compensation for medical expenses, even if you were partially or fully at fault.

However, if you believe the other driver was at fault, you might be able to sue them for compensation for your pain and suffering, medical bills and damage to your car.

If an uninsured driver hits you, and you don’t have uninsured motorist insurance, you might want to sue them in civil court. Unfortunately, you’ll only receive a settlement if the driver can afford it.

If it was a serious accident, you probably are overwhelmed with medical bills, dealing with your insurance company, and fixing your car. A law firm experienced in personal injury law can help you determine the merits of your accident case.

Comparative Negligence

Even if you partially caused the accident, you might still be able to file a claim. Under comparative negligence, you can argue that there were two at-fault drivers.

If the court determines you were partially at fault, you’ll only receive partial compensation. For example, if they decide that you were 10% responsible for the action, you’ll only receive 90% of the awarded settlement.

To receive compensation, you’ll not only need to prove that the other driver was at fault and negligent, but also that you have demonstrable damages. Damages can be financial or physical.

It’s essential to work with a car accident attorney if you were partially at fault. They can help you determine if it’s worth filing a lawsuit.

Call an Attorney Today

The clock is ticking. The lawyers at Cochran, Kroll & Associates, P.C. are experienced and diligent, and have handled thousands of Michigan auto accident cases.

If your injuries resulted in a long-term disability, you might also be eligible for disability benefits. Our lawyers are also well-versed in disability law and can help you to file your claim. Eileen Kroll, one of the senior partners, was a talented registered nurse before becoming a lawyer. She can provide unique legal and medical guidance.

If you’re considering filing a car accident lawsuit, you’ll get the best results by working with a car accident lawyer at our law firm. Call our law offices at (866) 868-3779 today and arrange a free consultation. You won’t pay any fees until Cochran, Kroll & Associates, P.C. win your case.

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Reasons Why People Should Use a Personal Injury Lawyerhttps://cochranlaw.com/legal-topic/reasons-why-people-should-use-personal-injury-lawyer/Mon, 31 Aug 2020 06:22:42 +0000https://cochranlaw.com/?p=20624A severe injury can result in lost wages, expensive medical bills, and pain and suffering. If you’re dealing with all these things, it can be overwhelming to put together a personal injury or disability claim. There are many reasons for hiring an attorney to help with your personal injury case. If you’re contemplating filing a …

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A severe injury can result in lost wages, expensive medical bills, and pain and suffering. If you’re dealing with all these things, it can be overwhelming to put together a personal injury or disability claim.

There are many reasons for hiring an attorney to help with your personal injury case. If you’re contemplating filing a personal injury claim, consider working with an experienced lawyer to make the process easier.

Experience Matters

A personal injury lawyer has extensive experience with similar lawsuits. They can walk you through all the steps you need to take, make sure you meet all your deadlines, and support you through any difficult decisions.

Additionally, if you have to go to trial, it’s best to have an advocate on your side. If the other party has legal representation, you’ll need your own to level the playing field.

They are Objective

If you were injured in an accident, you might find it challenging to remain objective and clear-headed when discussing your case. A personal connection might sway you toward taking ill-advised legal action.

A personal injury attorney can make objective decisions based on likely outcomes. By remaining objective, your attorney can help you achieve the best possible result for your situation.

You Won’t Have to Pay Up Front

The personal injury lawyers at Cochran, Kroll & Associates, P.C. work on a contingency fee basis, so you won’t have to pay any fees upfront. Instead, you’ll pay your lawyer a percentage of your settlement. If our law firm doesn’t make a recovery for you, then you don’t pay a fee.

Working with Others

Personal injury lawyers have many connections throughout the community. They are familiar with local insurance companies, doctors, other lawyers, and the police. When you hire a personal injury lawyer, you benefit from their connections, which can help win your case.

Understanding Medical Jargon

As well as helping you through the legal side of things, personal injury lawyers are well-versed in medical terms. They can use your medical records to determine if you’re eligible for disability benefits or workers’ compensation benefits.

A senior partner at Cochran, Kroll & Associates, P.C., Eileen Kroll, worked as a registered nurse before becoming a lawyer. She can guide you through your medical and legal cases, ensuring you understand all your options.

Peace of Mind

To recover from your injuries, you need rest and quiet. Dealing with complicated legal matters can set back your recovery time, and delay your return to work. Hiring a lawyer gives you space and time to rest and heal without delaying your claim.

Set up a Free Consultation

If you or a loved one is dealing with a serious injury, consider working with an experienced personal injury law firm. At Cochran, Kroll & Associates, P.C. our expertise, legal and medical knowledge and connections can increase your chances of success.

Call (866) 868-3779 today to arrange a free consultation with the legal team at Cochran, Kroll & Associates, P.C., and start the process to ensure you get the settlement you deserve.

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What If No One Witnessed Your Workplace Injuryhttps://cochranlaw.com/medical-malpractice-topics/what-if-no-one-witnessed-workplace-injury/Mon, 31 Aug 2020 06:05:19 +0000https://cochranlaw.com/?p=20620If you’re injured on the job, you should apply for workers’ compensation. Even if no one saw your accident happen, you’re still entitled to receive benefits. Unwitnessed work injury claims can be harder to prove. However, there are several steps you can take to increase your chances of filing a successful workers’ compensation claim. Report …

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If you’re injured on the job, you should apply for workers’ compensation. Even if no one saw your accident happen, you’re still entitled to receive benefits.

Unwitnessed work injury claims can be harder to prove. However, there are several steps you can take to increase your chances of filing a successful workers’ compensation claim.

Report the accident

As soon as possible, report your injury to your employer. Especially if there were no witnesses to your injury, a prompt report is vital.

Be detailed. Include the exact time of the accident, where it occurred, and what you were doing. It’s also essential to report information about the injury itself. State what part of your body was hurt, how severe the injury was, and what medical attention you required.

Be sure to note anything different about your surroundings at the time. For example, if you slipped because of a leaky pipe, you should describe the spilt water.

Seek medical advice

Just like any other claim for compensation, you should seek out medical advice as soon as possible. Your employer can choose your doctor for the first 30 days, so confirm your doctor with them before your appointment.

Don’t delay seeing a doctor. Many injuries can worsen over time and benefit from quick medical treatment.

Keep a detailed private record of all medical visits, medications, and therapies prescribed, and information about the accident. Note down the date and time when you informed your employer. All this information can help you to receive workers’ compensation benefits.

Don’t give up

Especially if no one saw your injury occur, the insurance company might deny your claim the first time. If this happens, you can try again through the appeals process. If you haven’t already found a lawyer, consider working with one before appealing.

Work with a workers’ compensation attorney

Since it can be harder to prove your injury resulted from a work accident without witnesses, consider working with a workers’ comp attorney. They can offer you legal advice and help you to receive full workers’ compensation benefits.

Be honest with your attorney. Even if you admit fault, you’re likely still entitled to receive workers’ comp. As long as the injury occurred at your workplace, your employer might be liable.

When choosing a lawyer, look for a law firm with experience in personal injury and workers’ compensation. They can help you file your claim and help determine if you’re eligible for other benefits.

Set up a free consultation

At Cochran, Kroll & Associates, P.C. our personal injury and workers’ compensation attorneys are seasoned and skilled. With their background, they can help you prove that your injury occurred at work.

Call (866) 868-3779 today to arrange a free consultation and ensure you receive the workers’ compensation you deserve.

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What if My Injury Was Caused by Road Damagehttps://cochranlaw.com/accidents-injuries-topics/what-if-my-injury-was-caused-by-road-damage/Mon, 31 Aug 2020 05:47:40 +0000https://cochranlaw.com/?p=20616Michigan’s long winters cause damage to the roads. The snow and ice often leave huge potholes, one of the most common and dangerous hazards that cause accidents. After an accident, especially if it results in injury, there is a lot to consider. Not only do you have to deal with doctors, medical bills, and pain, …

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Michigan’s long winters cause damage to the roads. The snow and ice often leave huge potholes, one of the most common and dangerous hazards that cause accidents.

After an accident, especially if it results in injury, there is a lot to consider. Not only do you have to deal with doctors, medical bills, and pain, you’ll also have to attend to insurance and legal matters.

If a damaged road caused your vehicle accident, you might be entitled to more compensation than awarded by the ‘no-fault’ system. Consult an experienced lawyer before pursuing a personal injury lawsuit to ensure you get the compensation you deserve.

The No-Fault Policy

In Michigan, every driver must have no-fault insurance. If you are involved in an auto accident, your insurance company will cover you, regardless of who is at fault. No-fault insurance covers medical bills, lost wages, replacement services, and any damage you caused to property. It will not, however, cover repairs to your car.

The basic no-fault insurance consists of three parts.

Personal Injury Protection (PIP)

The first part of your no-fault insurance covers ‘reasonable’ medical expenses. It also will pay up to 85% of your lost wages, but only for a limited time.

You’ll also receive a $20 per day stipend to hire outside help if your injuries mean you can’t perform household duties.

Property Protection (PPI)

PPI covers you for up to $1 million in damage, but only to other parked vehicles or property. It doesn’t cover any damage you cause to your car or any other cars involved in the accident.

Residual Liability Insurance – Bodily Injury and Property Damage

Unless you seriously injure or kill someone, this liability insurance protects you from being sued after a car accident. It also doesn’t protect you if the other driver is from out of state.

If you are seriously injured, your no-fault insurance might not provide enough compensation for your injuries.

If you believe a poorly maintained road caused your accident injuries, you might be able to prove negligence on the part of the agency responsible for maintenance.

Who’s Liable?

Several different government agencies are responsible for maintaining the roads of Michigan. Depending on the road classification, the responsibility for maintenance might lie with a local, county, or state agency.

Regardless of which agency is in charge, they have a duty to keep the roads safe. To receive compensation, you’ll have to prove negligence on the part of the government agency.

Negligence can be difficult to prove. You need to not only prove that the agency had a duty to maintain the roads, but that they also failed to meet their duty.

Next, you’ll need to prove that your accident would not have happened if the agency had upheld their duty. You’ll also need to show that their failure to uphold their duty directly caused your accident and injury.

Lastly, you’ll have to demonstrate real damages, either financial or physical. Without demonstrable damages, you won’t receive any compensation.

Michigan does recognize pain and suffering as a legitimate claim. You’ll still need to prove that their failure to meet their duty caused the pain and suffering.

Take Pictures

To prove negligence, you’ll need evidence. Immediately after your accident, call the police and file a report. While waiting for the police to arrive, take pictures. Make sure to capture the road damage (for example, the pothole), damage to your car, and any injuries.

If you have a dashcam, make sure to back up the footage on your computer.

If possible, take measurements of the pothole, including width and depth. Many smartphones today have a measuring app. While it might not be perfect, it’s a good start.

If you can return to the site later with measuring equipment, do so. The measurements could make the difference between winning and losing your case.

Keep a private record of all medical reports, doctor appointments, medications prescribed, and all bills if you or a family member require medical attention.

Filing a Claim

Government agencies are protected, and therefore many damage claims are denied under governmental immunity laws.

If your claim is under $1,000, you won’t need to file a lawsuit. The Michigan Department of Transport (MDOT) will investigate your claim and respond within 90 days.

However, if your claim is over $1,000, you have to file a lawsuit against MDOT. Because the government denies so many claims, MDOT recommends hiring a lawyer.

You may also be eligible for disability benefits if your injury resulted in a short or long-term disability. When choosing your lawyer, make sure they are also knowledgeable about disability law.

Why Should I Hire a Lawyer?

Especially in lawsuits against government agencies like MDOT, it can be challenging to argue negligence successfully. Car accident lawyers have handled similar cases in the past, and know what to expect.

An attorney can also help you wade through the paperwork and ensure you don’t miss any deadlines.

As soon as possible after the accident, contact a lawyer. Deadlines when dealing with government agencies can be short, and you don’t want to miss your window to pursue compensation.

Many lawyers will work on a contingent fee basis, meaning that you won’t have to pay anything upfront. You’ll only owe money if they win your case.

A lawyer also has the experience and knowledge needed to determine if you have enough evidence to prove that negligence caused your injuries and damage to your vehicle.

A lawyer is also essential in a wrongful death lawsuit. When dealing with the loss of a loved one, it can be overwhelming to consider legal action. Working with an experienced and compassionate lawyer helps ease your workload and increase your chances of receiving compensation.

What to Do Before Your Free Consultation

Prepare all your records, including information on the date, time, and location of the accident. Make sure you’ll be able to access all your pictures and videos during your consultation.

Bring copies of the accident report, police report, and any medical records you have.

Remember to be completely honest with your lawyer. They need all the information possible to present a successful case.

Schedule a Free Consultation

If you or a loved one were injured in an accident caused by road damage, a personal injury attorney could help you pursue compensation.

Cochran, Kroll & Associates, P.C. has a wealth of experience with car accident lawsuits, and have successfully argued thousands of cases. Call our law firm at (866) 868-3779 to arrange a free consultation today.

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How to File a Truck Accident Claimhttps://cochranlaw.com/accidents-injuries-topics/how-file-truck-accident-claim/Mon, 31 Aug 2020 05:46:57 +0000https://cochranlaw.com/?p=20606Michigan auto accident laws are incredibly complex, and the set of rules that apply to each accident can vary depending on the vehicles involved. Even if a truck driver caused the accident, there might be overlapping laws and insurance obligations that apply to your case, and sorting through the paperwork and legal jargon can be …

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Michigan auto accident laws are incredibly complex, and the set of rules that apply to each accident can vary depending on the vehicles involved. Even if a truck driver caused the accident, there might be overlapping laws and insurance obligations that apply to your case, and sorting through the paperwork and legal jargon can be challenging.

You may need to take legal action to get the truck driver’s insurance company to pay for the damage done to you and your vehicle. Because the laws surrounding commercial truck accidents are so complex, contact an experienced attorney as soon as possible following the truck accident for a free consultation to discuss the merits of your case, and begin filing a claim in civil court.

Car Accident Claims

Even if the truck driver in your case was not negligent, you could still get your medical bills and many other expenses covered by your insurance. Under Michigan law, all auto drivers are required to have no-fault insurance covering their vehicle and injuries incurred in a car accident.

Passengers without their car insurance are often covered by the insurance policy of someone else in their household. A special Michigan fund even covers passengers without auto insurance for uninsured accident victims.

No-fault insurance has limits, and only covers three years of lost wages. In very serious accident cases, you may need to pursue a lawsuit against the trucking company to get the full compensation you deserve. Qualifying for federal or state disability benefits is surprisingly tricky, and you may have more success with a lawsuit.

You may even be able to win pain and suffering compensation if your injuries are permanent and serious. Non-economic compensation is designed to give you and your family relief for the loss of companionship, loss of earning potential, and other long-term problems caused by the accident. Eligible injuries may include spinal cord injuries, traumatic brain injuries, or permanent disfiguration.

Determining Fault

Police and other investigators take statements from witnesses to determine how the truck crash happened. Make sure to preserve evidence, like photos of your injuries or the crash’s immediate aftermath.

Your attorney gathers evidence to determine whether the truck driver caused the accident due to negligence or failure to follow applicable Michigan traffic laws. The truck driver’s company may also be liable if they did not monitor or enforce safety regulations.

Federal law requires truck drivers to take breaks and rest while on the road, and companies are obligated to monitor their drivers. Property-carrying truck drivers must drive no more than 11 hours after each 10-hour rest period.

Unfortunately, the legal penalties for failure to adhere to federal transportation and trucking industry rules are loose, and drivers may work more hours to meet customer or contractor demands. Your best chance at getting justice is to work with a lawyer to file your lawsuit.

Filing a Claim

Michigan truck accident claims must be filed in civil court. They are subject to a statute of limitations of three years from the accident date. The only exception is for minors who received serious injuries at the time of the accident, who have until one year after their 18th birthday to file.

Once a claim has been filed, your lawyers begin requesting relevant documents, including driving logs, from the trucking company. It may take time for your legal team to receive and process the documents, but they will always keep you updated on your case’s status and work to keep it moving as quickly as possible.

Trucking companies may nullify your court case, like arguing that your filing is inaccurate or that your injuries aren’t that serious. However, having experienced attorneys on your case helps ensure your injuries are taken seriously in court and that you have the best possible chances of winning.

Product Liability Cases

It’s also possible that a defective truck part caused the truck accident. The trucking company may defend themselves in court by showing evidence that they took all reasonable precautions to maintain a safe truck, but a faulty part like an axle or tire caused the accident.

In that case, your legal team may need to pivot to filing a product liability suit against the manufacturer of that part. This type of lawsuit requires extensive information from the trucking company, and your legal team will need to be experienced in both truck accident and product liability cases to win.

Like truck accident claims, product liability cases are subject to a statute of limitations of three years. Beginning your case as soon as possible helps ensure you get all the information you need and file the right type of lawsuit before time runs out.

Settlements and Verdicts

It can take months for your case to work its way through the proper government bodies and for all subpoenaed documents and medical records to be brought forth. In many cases, the trucking company’s insurer or the manufacturing company that made the defective product will try to offer you a settlement, especially if they know the driver was at fault. However, this settlement may be worth far less than you deserve.

Your attorney can advise you on the best route to take and when to accept a settlement. Many settlements are for hundreds of thousands of dollars, you may need much more to care for a disabled loved one properly. Ultimately, if you and your family have suffered great hardships due to a permanent injury or wrongful death, you may have to take your claim to trial.

Contact an Experienced Attorney

If you or a loved one has been in an accident involving a large truck, your best option is to contact a specialized truck accident lawyer. Cochran, Kroll and Associates, P.C. is a leading injury attorney law firm in the Detroit, Michigan metro area.

Our team can schedule your free initial consultation to provide you with valuable information. Call us at (866) 868-3779 to get started pursuing justice for you before the statute of limitations runs out.

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Should I Get Legal Help with My Slip and Fall Claim?https://cochranlaw.com/legal-topic/should-legal-help-slip-fall-claim/Mon, 31 Aug 2020 05:26:26 +0000https://cochranlaw.com/?p=20601Slips and fall accidents can have devastating effects on your mobility, especially if your spinal cord is injured. Common slip and fall injuries include fractures, sprains, and slipped discs, but permanent injuries like traumatic brain injuries can occur in the right conditions. These injuries can reduce your ability to work and take care of your …

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Slips and fall accidents can have devastating effects on your mobility, especially if your spinal cord is injured. Common slip and fall injuries include fractures, sprains, and slipped discs, but permanent injuries like traumatic brain injuries can occur in the right conditions. These injuries can reduce your ability to work and take care of your family for years or even the rest of your life.

Slip and fall cases occur because of wet floors, icy sidewalks, damaged flooring, and other unsafe conditions. Tripping and falling on an unsafe surface may also qualify the injured party for compensation, even if it wasn’t caused by water or ice. Although sometimes accidents are unavoidable, they are more often caused by someone else’s negligence.

Proving negligence is an integral part of slip and fall claims on someone else’s property, but is not necessary to win a workers’ compensation claim if you were injured while at work. A personal injury lawyer at our law firm can help you determine your case’s merits with a free case evaluation that takes a thorough look at what happened to you and then help you take all necessary steps to win your case.

General slip and fall accidents

Property owners can be held liable for accidents that occur on their property due to dangerous conditions. If an accident occurred specifically because of dangerous conditions that the owner or manager should have known about and fixed sooner, then the owner can be held liable.

Businesses like gyms and hotels and resorts typically carry extensive insurance in case of accidents. Filing a claim with these insurance companies can get you the compensation you deserve for medical bills, physical therapy, lost wages, and more.

Even if the property owner is a friend of yours, you may need to file a claim against them to get compensation. Property owners should have property or homeowners’ insurance, which includes coverage for accidents that occur on-site.

The statute of limitations on slip and fall cases caused by negligence is just three years from the fall date. While you don’t have to win the case during this time, it has to be filed, which requires extensive document preparation and research. A personal injury attorney at Cochran, Kroll & Associates, P.C. will know how to prepare this important information, so it’s essential to work closely with someone experienced in these types of cases.

Workplace injury claims

In Michigan, every employer is required to have workers’ compensation insurance to cover workplace injuries. By reporting your slip and fall injury to your employer and retaining appropriate documentation of your injuries and medical bills, you should be able to get compensation from your employer’s insurer.

You are also eligible for lost wages as long as you are out of work for a week or more due to your injuries. However, it’s not uncommon for the insurance company to contest your filing by claiming that you weren’t seriously injured and didn’t need to miss work. Your employer could even contest the events that led to the injury, especially if you didn’t report it right away or no one else saw it happen.

Employers are not allowed to retaliate against you simply for filing a workers’ compensation claim, even if the accident was your fault. A law firm experienced in workplace injury cases, including slips and falls, can help you pursue your claim.

Since Michigan laws strictly limit how and when you can sue an employer, you will need to adhere to special deadlines and rules, and an attorney can help you determine which rules apply to your situation.

Pain and suffering claims

In Michigan, you can pursue compensation for pain and suffering if your injuries are permanent and life-altering. This may include traumatic brain injuries and spinal cord injuries, but may also include very serious facial injuries and other damage that cannot be repaired.

Workers’ compensation claims are not eligible for pain and suffering, but slip and fall negligence accidents on someone else’s property are. If you experience a life-altering injury because of your accident, you need to talk to a slip and fall attorney as soon as possible. You may be eligible for more money than you realize, especially if your family has lost extensive support and companionship due to the accident.

Securing your future

No matter what the circumstances of your slip and fall injury, you deserve justice. Getting legal help with your slip and fall claim is the best way to ensure you and your family get the financial help you need. A specialized slip and fall lawyer will know the right steps to take to gather medical records and expert witnesses.

The law firm of Cochran, Kroll & Associates, P.C., has extensive experience in a wide range of personal injury, workers’ compensation, and disability benefits cases. Because we cover such a wide range of injury cases, we’re the right team to call even if you’re not sure which laws cover your slip and fall accident. We are dedicated to providing personalized care so you can get the compensation you need as quickly as possible.

We offer a free, no-obligation consultation so we can get to know you and your case. Call us as soon as possible at (866) 868-3779, so we can get started. Every case is subject to a statute of limitations or deadlines for reporting injuries, so don’t miss out on your chance to receive the compensation you deserve.

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Elements of a Successful Construction Accident Claimhttps://cochranlaw.com/accidents-injuries-topics/elements-of-a-successful-construction-accident-claim/Mon, 31 Aug 2020 05:08:13 +0000https://cochranlaw.com/?p=20597Construction site accidents can have lifelong consequences for construction workers. Although your contractor carries insurance to help cover medical expenses on the job, you may be eligible for more compensation than you realize if someone else’s negligence contributed to your injury. Your case needs to be handled by a law firm that knows the ins …

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Construction site accidents can have lifelong consequences for construction workers. Although your contractor carries insurance to help cover medical expenses on the job, you may be eligible for more compensation than you realize if someone else’s negligence contributed to your injury.

Your case needs to be handled by a law firm that knows the ins and outs of construction site laws, from your initial consultation to your final settlement or trial. Because of the nature of subcontracting and the laws that govern workplace safety issues, the right path for your claim might be more complex than just filing for workers’ compensation.

In addition to getting the best law firm, you’ll need complete medical records and solid evidence establishing the events that led to your accident. That way, you can identify the parties responsible for your accident and get the maximum compensation possible under Michigan law.

Thorough Medical Documentation

Every step in your treatment and recovery should be fully documented, even after your hospital discharge. You may need to see multiple specialists during your recovery, especially if your employer begins to question the extent of your injury.

Even if your employer’s workers’ compensation insurance company is covering the full cost of your medical expenses and lost wages, hold on to your medical documentation. You may need your records later if your condition worsens or new information is uncovered that allows you to file a negligence lawsuit.

Evidence of the Accident’s Occurrence

Typically, there are enough witnesses to a construction site accident to establish the cause and timeline of events. Once you are out of immediate harm’s way, you must file a report with your employer to be eligible for workers’ compensation.

In rare cases, your employer or the general contractor may dispute the case’s facts even before the issue reaches the employer’s workers’ compensation insurance company. It’s best to reach out to an attorney as soon as an accident occurs to ensure all evidence is preserved appropriately and the employer or another party doesn’t influence witnesses.

Pursuing the Right Party

Most Michigan construction accidents are covered by workers’ compensation law, which bars you from suing your employer for negligence. However, in some cases, an entity other than your employer can be sued for negligence.

Michigan applies the Common Work Area doctrine to determine when a principal or general contractor is liable in a construction site accident case. The doctrine states that if your accident was caused by a hazard in a common area accessed by multiple contractors’ employees, you can sue the principal or general contractor for negligence.

This is because your subcontractor cannot control all areas of the worksite, and the general contractor has the duty of care of common areas. Standing water, unsafe ledges, and other hazards in these areas could be grounds for a lawsuit.

In extreme cases, the property owner could be sued for egregious cases of negligence. This typically only happens if the property owner knowingly hired a general contractor with an unsafe track record, failed to repair previous property damage, or otherwise directly contributed to a safety issue at the job site.

A Strong Legal Team

A successful construction accident claim requires personal injury attorneys with extensive experience in construction job site laws. Construction workers face unique hazards, and only a specialized law firm can provide the right legal advice for you to win.

It helps even more if your legal team has strong medical knowledge. Sorting through all the documentation required for your medical expenses, physical therapy, and other needs require technical knowledge and understanding of what is required to win your case. General workplace laws are essential, but a deeper understanding of specific legal standards applicable to construction sites is also critical to winning.

Your Hometown Law Firm

Cochran, Kroll & Associates, P.C. has a track record of excellence in pursuing wrongful death cases, pain and suffering compensation, and other construction accident claims in the Detroit, Michigan area. We know that recovering from your injury takes time and energy, so we’ll come to you wherever you are to help you take the next steps in your case.

Whether you’re a private citizen injured by a freak accident on a construction site or a subcontracted employee covered by workers’ compensation laws, you can call us to schedule a free consultation. Reach out to our team at (866) 868-3779 as soon as possible so we can get started. Remember, construction site accidents are subject to a statute of limitations, so don’t let the clock run out on your case.

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When Accidental Injuries Result In Long-Term Disabilitieshttps://cochranlaw.com/accidents-injuries-topics/when-accidental-injuries-result-long-term-disabilities/Fri, 28 Aug 2020 11:37:23 +0000https://cochranlaw.com/?p=20552Sometimes, accidents cause horrible injuries. If the accident leaves you with a disability and no one to blame but fate, it can be frustrating. But even if no one caused your accident, you might be eligible to receive long-term disability benefits. It can be overwhelming to adjust to living life with a long-term disability, for …

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Sometimes, accidents cause horrible injuries. If the accident leaves you with a disability and no one to blame but fate, it can be frustrating. But even if no one caused your accident, you might be eligible to receive long-term disability benefits.

It can be overwhelming to adjust to living life with a long-term disability, for you and your family. For more general information about living with a disability, visit the Centers for Disease Control and Prevention (CDC) website.

Types of disabilities

There are two classifications of disabilities: short and long-term. Some accidents mean you can’t work for a month or two while you heal, while others render you completely unable to work. A disability becomes long-term after it has lasted for one year.

Permanent disabilities affect you for the rest of your life and often require long-term medical care, which can get pricey.

What injuries result in long-term disabilities

Not every injury causes permanent damage. Some cause problems that surface every so often, while others heal completely. However, some types of injuries are more likely than others to cause long-term issues.

Head injuries sometimes result in severe traumatic brain injuries. Depending on which part of the brain was damaged, you might lose motor function, have difficulties speaking, or have memory problems.

Falls, car accidents, and sports are some of the top causes of TBIs. If you hit your head, see a doctor as soon as possible to mitigate the damage.

Spinal cord injuries almost always result in some paralysis. In addition to losing the ability to work, you might need to alter your home and car and learn to use a motorized wheelchair.

Injuries to the eye can also result in partial or complete blindness. Protect your eyes by wearing goggles when working with glass or sawing wood or metal.

Disability benefits

Disability benefits

The Social Security Administration (SSA) offers different benefits to help support disabled people who can no longer work. There are several steps to complete before you begin receiving benefits.

You are only eligible for social security disability benefits if you or your spouse have paid enough into the SSA’s long-term disability insurance. If you’re ineligible for disability benefits through the SSA, they also offer the Social Security Income option for low-income families.

You’ll need to check if your disability qualifies you to receive benefits. The SSA has a long list of types of injuries and illnesses that are accepted. However, if your condition is not listed, you can still apply but will need to prove your injury prevents you from working.

Consider working with a disability attorney when you apply to ensure your application is successful.

Where did the accident happen?

If the accident occurred at work, you might be covered under workers’ compensation, even if your employer wasn’t negligent. Workers’ compensation may provide you with some pay benefits, especially if you are unable to continue working, or cannot earn as much as a result of an accident at work.

Accidental death

An accidental death in the family means you’ll have to wade through a lot of paperwork. Dealing with the insurance company, police, and life insurance company can be overwhelming.

Working with a diligent disability lawyer can make all the difference in these trying circumstances. Cochran, Kroll & Associates, P.C. has experience in workers’ compensation, disability, and accidental lawsuits.

One of our senior partners, Eileen Kroll, was a registered nurse before becoming a trial attorney. With her exceptional understanding of medical law, you can be confident that your case will get a fair trial.

Call (866) 868-3779 to schedule a free consultation to discuss your case. At Cochran, Kroll & Associates, P.C. we do not charge you a fee unless we make a recovery on your behalf, so you can rest assured that we will fight to get you the compensation you deserve.

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Why Might Someone Be Denied Social Security Disability Benefits?https://cochranlaw.com/medical-malpractice-topics/why-might-someone-denied-social-security-disability-benefits/Fri, 28 Aug 2020 11:06:13 +0000https://cochranlaw.com/?p=20545The U.S. Social Security Administration (SSA) offers Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) as separate benefits to disabled individuals. Although each benefit type’s eligibility criteria seem clear, many people find themselves unfairly denied aid due to several factors. Getting the financial help you need can be time-consuming, especially if you’re already …

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The U.S. Social Security Administration (SSA) offers Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) as separate benefits to disabled individuals. Although each benefit type’s eligibility criteria seem clear, many people find themselves unfairly denied aid due to several factors.

Getting the financial help you need can be time-consuming, especially if you’re already juggling your busy family’s needs. The SSA can be slow to process your initial application for benefits and any appeals you have to file if you are denied.

If you’ve applied for Social Security disability benefits and have been denied, a disability lawyer at our law firm can help you determine why you were denied benefits. An experienced attorney can help you navigate the appeals process and maximize your chances of successfully proving your disability claim.

Income Limits and Other Restrictions

SSDI is awarded based on your disability and the number of work credits you have accumulated throughout your life. If you worked very little or not at all, you may be ineligible for SSDI, even if you were disabled from a young age. Not all jobs pay into the Social Security system, which means you could be denied benefits even if you worked most of your life.

SSDI is intended only for people who are disabled and unable to work for a year or more. You may have difficulty winning your claim with a temporary disability.

SSI benefits are awarded based on your disability and your income. It is intended only for individuals who are unable to work due to their disability. If you are making more than $1,260 per month when you apply for SSI, your claim may be rejected.

Proving Your Disability

One of the most common reasons for rejection is a lack of medical evidence proving you are disabled. Unfortunately, fraud is a concern for the SSA, so they review each case for inconsistencies and exaggerations. If they notice even the slightest indication that you may be able to work or that your disability is not as severe as you claim, they may reject your application.

This is most frequently an issue with invisible disabilities, like brain injuries, hearing loss, or mental illness. You may have a hard time proving your hearing level or type of mental illness, for example. You will need detailed medical records, including those from your primary care physician, to successfully prove that you cannot do any type of work.

An attorney can help you understand the threshold of proof required for your type of injury or condition. You may need to see a specialist or get a second opinion to make your case to the SSA, especially if you have an unusual condition or invisible illness.

Proving Your Disability

Seeking Treatment

It’s important to understand that you need to be seeking treatment for your disability, and following all doctors’ orders to the extent possible. Failure to take prescribed medication, attend appointments, or follow other orders may result in the SSA denying you benefits.

In some cases, the SSA may try to claim you weren’t following doctors’ orders appropriately, when, in fact, you followed them to the best of your ability. If a dispute arises over your treatment plan and its impact on your benefits, you need to consult with an experienced disability attorney as soon as possible. You may need input from expert witnesses or other professionals with extensive medical knowledge to win.

Your Legal Rights

If your initial claim is rejected, you still have the right to appeal the decision. Appealing a decision is typically a better option than filing a new claim, because the person reviewing a new claim may reject it when they see your previous claim was rejected.

The appeals process is designed to give you a chance to detail your disability and medical needs more thoroughly. However, it’s easy to make mistakes in presenting your case, especially in terms of the amount of evidence required.

The SSA is not required to provide you with any type of personalized medical advice or legal aid to help you qualify for benefits. Instead, you’ll need to seek legal assistance from an attorney who can fight for your SSI or SSDI application to be taken seriously and ultimately approved. Your attorney can help you get the medical documentation, work and income records, and other evidence you need to prove your right to benefits.

Winning on Appeal

Appealing a case sharply increases your chances of winning. There are four different levels to the appeals process, but only the last three involve review by an entity outside of the SSA. The steps are:

  • Reconsideration by the SSA
  • Review by an Administrative Law Judge
  • Review by the Appeals Council
  • Review by a Federal Judge

Unfortunately, the chance of winning on appeal, especially during the first three steps of the process, has dropped significantly in recent years. Reviews are getting even stricter, and there is a high burden of proof even if you’re clearly disabled, and it’s hard for you to get to doctors’ appointments.

For your case to be handled fairly, you need someone with experience and knowledge fighting on your side. Although you may think you have enough medical documentation to win on appeal, an experienced disability attorney can tell you what you’re missing and make sure you’re really ready for your appeal hearing.

Getting the Financial Help You Need

No matter which step in the appeals process you’re at, time is not on your side. Winning your case can take weeks, but you need your benefits as soon as possible to provide for yourself and your family.

Choose an experienced and caring lawyer who will work hard to prove your medical condition to the SSA and cut through the red tape delaying your case. Cochran, Kroll & Associates, P.C. disability lawyers are experienced in dealing with the legal issues surrounding disability benefits.

Because we operate on a contingency basis, we don’t charge a fee until we win your case, so you can have peace of mind knowing that we’ll do our best to get you the benefits you deserve. Even if you’re early in the appeals process, give us a call today at (866) 868-3779 to schedule your confidential free consultation with our team.

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Issues With Slip And Fall Accident Claims Regarding Retail Storeshttps://cochranlaw.com/accidents-injuries-topics/issues-with-slip-and-fall-accident-claims-regarding-retail-stores/Fri, 28 Aug 2020 10:46:12 +0000https://cochranlaw.com/?p=20542Slip and fall accidents can happen at any time. Unplowed and unsalted sidewalks can become slippery with snow and ice, and tree roots can cause an unexpected fall. It’s not always clear who is liable for a slip and fall accident at a retail store. Consider engaging a slip and fall attorney to determine if …

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Slip and fall accidents can happen at any time. Unplowed and unsalted sidewalks can become slippery with snow and ice, and tree roots can cause an unexpected fall.

It’s not always clear who is liable for a slip and fall accident at a retail store. Consider engaging a slip and fall attorney to determine if you should pursue legal action.

Common Causes of Slip and Fall Accidents

Many people think of slip and fall accidents as incidents that occur outside. But every year, many Americans are hurt indoors at shopping malls and grocery stores.

Inside, low lighting, torn carpets, and wet floors are potential causes of a slip and fall accident. A store is responsible for maintaining the property regularly, fixing any problems as they arise.

If they fail to do so or fail to notify customers of a hazard, then they could be liable if an accident occurs on their property.

Accidents are also more likely to happen on busy shopping days, like Black Friday or Christmas Eve, especially in inclement weather.

If you fall and injure yourself, make sure to get medical treatment as soon as possible. Slip and falls often result in head injuries, which can continue to cause medical issues hours, days, and even months after the injury first happened.

Who is Liable?

Premises liability means that a store has a duty to provide a safe environment free of potential hazards. However, in Michigan, store owners are protected by the ‘open and obvious’ clause.

An opposing lawyer can argue that you should have noticed the hazard before you slipped, or that it was obviously a danger.

In 2017, a claimant successfully argued against the open and obvious clause. A truck hit a woman in an open parking lot. The family’s attorney argued that because the retailer did not warn customers about traffic, they should be held liable.

This precedent has made it easier for customers to receive compensation from stores, but it is still not a clear-cut issue. Every situation is different, and working with a lawyer can improve your chances.

Proving Liability

If you received a slip and fall injury due to unsafe conditions at a retail store, you should file a premises liability Slip and Fall Accident claims.

To prove the store’s liability, you or your lawyer will need to argue a few things.

  • They knew about the hazard,
  • They did not take steps to fix it
  • You wouldn’t have slipped without the presence of the hazard
  • The hazard directly caused your injury
  • Your fall resulted in demonstrable damages
  • The hazard was not clear and obvious

Keep a Record

Even if you can prove the store’s liability, you must be able to prove damages. You should keep a detailed record of any doctor visits, medications prescribed, diagnoses received, and all associated costs. If you missed work, keep track of days missed and wages lost.

If possible, take pictures of the area where you slipped as well as the surrounding area. Clearly show a lack of warning signs or the presence of dangerous conditions.

Also, record the details of your injury and the date and time it happened. When you speak with your personal injury attorney, all this information can help them build your case and prove that you have damages.

Disability Benefits

If your injury resulted in a short or long-term disability, you might be eligible to receive disability benefits while you’re unable to work. When choosing your lawyer, make sure they are also familiar with disability law.

Disability Benefits

Working With a Law Firm

Slip and fall cases are not always cut and dry, especially when they involve a retail store. An experienced lawyer can help you determine if you should proceed with your Slip and Fall Accident Claims.

If you were injured in a slip and fall accident, call (866) 868-3779 to schedule a free consultation with the lawyers at Cochran, Kroll & Associates, P.C.

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Common Workers’ Compensation Mythshttps://cochranlaw.com/legal-topic/common-workers%E2%80%99-compensation-myths/Thu, 27 Aug 2020 13:03:56 +0000https://cochranlaw.com/?p=20479An injury can result in lost wages and cause you to develop a short or long-term disability. If the injury occurred while you were on the clock, you would likely be eligible for workers’ compensation. Every state has different workers’ compensation laws and regulations, some of which directly contradict each other. This confusion has resulted …

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An injury can result in lost wages and cause you to develop a short or long-term disability. If the injury occurred while you were on the clock, you would likely be eligible for workers’ compensation. Every state has different workers’ compensation laws and regulations, some of which directly contradict each other. This confusion has resulted in several common Workers’ Compensation Myths that might discourage someone from submitting a claim.

If you’re unsure whether or not you should apply for workers’ comp, consult an experienced and dedicated personal injury law firm before making your final decision.

Workers’ Compensation in Michigan

Employees are required to have insurance through a workers’ compensation insurer in Michigan. If your injury happened on the job, their insurance should cover your medical costs and wage losses after seven days.

However, you won’t automatically receive workers’ compensation. To ensure that your workers’ comp claim is successful, avoid these common mistakes.

Some of these common Workers’ Compensation Myths might cause you to miss deadlines, use the wrong doctor, or even not apply for workers’ compensation benefits to which you’re rightly entitled.

My employer will report my injury

You are responsible for reporting your injury as soon as possible to your employer. A failure to do so will weaken or negate any workers’ compensation claims.

After reporting your injury to your employer, make sure you see a doctor that they approve. In Michigan, your employer can choose your doctor for the first 30 days of treatment, after which you can change practices if you like.

You’re also responsible for filing a workers’ compensation claim. Your employer will not do this for you. Work with a lawyer to ensure you don’t miss any deadlines.

You should also keep a detailed record of your injury, doctor visits, and costs, and any days you are unable to work due to your injury.

I caused my accident, so I can’t apply for workers’ comp

In Michigan, an employer is responsible and liable for all your work injuries, even ones that were an accident or due to light horseplay.

As long as the injury occurred at work, you’ll likely receive workers’ compensation benefits. However, if your injury occurs as a result of ‘intentional and willful misconduct,’ you may be ineligible.

Be prepared to discuss whether your injury or illness occurred at work. Be honest with your workers’ comp attorneys about your injury’s circumstances and work with them to determine if you should submit a claim.

Workers’ comp covers 100% of my salary

If you are unable to work, you can apply for wage-loss benefits. However, you can only receive wage-loss benefits if you cannot work for more than seven days. From the eighth day, you will begin to receive around 80% of your usual salary.

Claimants need to know that workers’ comp benefits will not cover 100% of their salary. For many families on a tight budget, receiving less money significantly impacts their monthly budget.

As soon as you’re injured, start budgeting for a smaller salary, in case your injury prevents you from returning to work quickly.

Workers’ comp covers me on my commute

You are not covered while traveling to and from work. Workers’ Comp only applies if your injury occurs at your workplace, even if you haven’t clocked in yet.

However, if your job requires you to travel, you’re likely covered by your employer’s insurance company while on the road. Unlike work in the office, an insurance company may deny any injury claims made for injuries sustained during travel if you ‘deviated from the business travel.’

Workers’ compensation doesn’t cover part-time workers

According to Michigan state laws, an employer must have workers’ compensation insurance if they have one or more employees who work at least 35 hours per week or have at least three employees, even if they are part-time.

If you’re not a full-time employee but are injured on the job, you are likely eligible for some workers’ compensation.

Illnesses aren’t covered

Types of injury include occupational diseases. Like injuries, illnesses that you contract specifically because of the nature of your work, are covered.

However, general illnesses aren’t covered. Your injury lawyer can help you to prove if you contracted the disease because of work.

Michigan has updated workers’ compensation concerning COVID-19. You might be eligible for workers’ comp benefits if you contract the novel coronavirus while at work.

Because this situation is new and continuously developing, consult with a lawyer if you’ve been affected by COVID-19.

I have as long as I want to file a claim

In Michigan, you need to file your claim within two years of the injury or illness. However, you must notify your employer within 90 days.

It’s best to start the process as early as possible, particularly if you cannot work. The sooner you file your claim, the sooner you can start receiving benefits.

 Workers’ Injury Claim

Seek Legal Advice

Workers’ compensation is there for your benefit, but it can be confusing to navigate the claims system yourself.

Cochran, Kroll & Associates, P.C. has years of experience helping injured workers receive their benefits. Our lawyers can help determine if you’re eligible, and help you throughout the process.

If you believe you’re entitled to receive workers’ compensation benefits, call our law firm at (866) 868-3779 today to set up your free consultation.

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Selecting an Attorney in a Spinal Cord Injury Casehttps://cochranlaw.com/accidents-injuries-topics/selecting-attorney-spinal-cord-injury-case/Thu, 27 Aug 2020 07:14:45 +0000https://cochranlaw.com/?p=20458Severe spinal cord injuries can impact every aspect of your life. In addition to medical bills and lost wages, you or your loved one must learn to live with a new normal. You might want to file a spinal cord injury lawsuit. When choosing your attorney, there are many factors to consider. You’ll want to …

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Severe spinal cord injuries can impact every aspect of your life. In addition to medical bills and lost wages, you or your loved one must learn to live with a new normal.

You might want to file a spinal cord injury lawsuit. When choosing your attorney, there are many factors to consider.

You’ll want to work with an experienced spinal cord injury lawyer. Spinal cord injuries often result in years of medical care that can cost you unimaginable amounts of money and cause immense pain and suffering.

Only an attorney knowledgeable in spinal cord injury law can present a successful case.

Spinal Cord Injuries

Before approaching an attorney, it’s helpful to know what type and level of spinal cord injury you or your loved one have. Doctors classify spinal cord injuries into two categories: complete and incomplete. Your classification may affect the size of your settlement.

Complete spinal cord injuries occur when the damage is permanent. These types of injuries result in tetraplegia (paralysis of the torso, legs, and arms) or paraplegia (paralysis of the legs and part of the torso).

Incomplete spinal cord injuries are less severe and are a result of partial damage to the spinal cord. If you can move your body beneath the damaged area even slightly, you’ll receive this diagnosis.

Many people with spinal cord injuries also suffer from other complications, including loss of bladder control, loss of skin sensation, problems with circulatory control, problems breathing, and depression. If any of these apply to you, be sure to mention them to your lawyer.

Finding a Lawyer

If you are affected by a catastrophic injury resulting in paralysis, it can be challenging to focus on the practicalities. Work with your family members to research personal injury attorneys to find the best option for you.

Because pursuing a spinal cord injury claim is so specialized, it can be tough to find the right attorney for you. You should not just consider their terms and their experience, but also find someone with whom you can have a relationship.

Attorney-Client Relationship

Spinal injuries are overwhelming, and your ideal attorney won’t add to your panic. Find someone who you click with and who takes your feelings seriously.

Unlike other personal injury cases, spinal cord injury cases can take years to litigate. It’s essential to work with a lawyer who you trust, and not one who simply views you as a means to make money.

Instead of just picking the first google result, call around and chat with lawyers to see how you connect. If you like them, set up a free consultation to see what else they can offer you.

Don’t forget to clarify which lawyer at the firm will work on your case. Some firms will delegate, so you might end up working with an inexperienced new hire.

Also, check with them about when and how often they will update you about your case. You want to work with an attorney who is willing to keep you updated.

Medical Expertise

To fully understand the implications of a spinal cord injury, your lawyer must have expertise in medical matters. Medical specialization is particularly crucial if your injury is a result of medical malpractice.

You won’t be just suing for lost wages. If your injury resulted in paralysis, you probably need expensive mobility tools, made changes to your house and car and attended physical therapy.

One of the senior partners at Cochran, Kroll & Associates, P.C., Eileen Kroll, handles all the medical malpractice cases, using her years of experience as a registered nurse to her advantage.

A lawyer with a medical background is an excellent asset to your case. Ms. Kroll can help guide you legally while also providing medical insights.

Spinal Cord Injury Law Firm

Terms and Conditions

Like with any agreement, you must clarify what type of fee your lawyer wants. Most lawyers will want to negotiate a contingent fee, which you won’t have to pay upfront. This type of agreement means they’ll only receive a payment if your case is successful. Usually, their fee will be a percentage of your settlement fee, rather than a predetermined number.

However, there are several things to be aware of when discussing the particulars of the contingent fee.

If your case isn’t successful, who will cover any related costs? During your case, your attorney will likely call many experts to testify, including doctors, liability experts, rehabilitation coaches, and quality of life experts. These costs can quickly rise, and you want to be sure that you’re not required to cover them out of pocket.

You’ll also want to confirm the exact percentage before signing the contract.

What to Ask Potential Lawyers

After you’ve chosen a lawyer, call them for a free consultation. To get the most out of your first meeting, here are a few questions you should ask.

First, present them with all your information. Include details about the cause of your injury, medical records, how your injury has affected your ability to work, and any lost wages.

After discussing the details and answering any questions from the lawyer, ask for their opinion on whether your case could be successful. If they aren’t sure they can argue your case successfully, consult with another lawyer.

If several attorneys all agree, you might want to follow legal advice and drop the case.

You’ll also want to ask if there are any alternatives to legal action. Sometimes, mediation can resolve a case without going to court. If this is an option, it might take less time and get you faster results.

Lastly, always be honest with your lawyer. Keep them informed of any new updates, even if you’re concerned it will negatively impact your case. If your ability to work changes or there are any medical changes, let your attorney know as soon as possible.

Set Up Your Free Consultation Today

Cochran, Kroll & Associates, P.C. have a wealth of experience taking on insurance companies. If you or a loved one has experienced a spinal cord or brain injury, you’ll want to work with a diligent and caring attorney.

Don’t wait too long to start the legal process. The longer you wait, the harder it will be to prove injuries, and the longer you’ll have to wait to receive your settlement.

Call (866) 868-3779 today to set up your no-obligation consultation with Michigan’s best personal injury lawyers.

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Can I File a Traumatic Brain Injury Lawsuit?https://cochranlaw.com/accidents-injuries-topics/can-i-file-a-traumatic-brain-injury-lawsuit/Tue, 25 Aug 2020 06:43:40 +0000https://cochranlaw.com/?p=20414If you or a loved one are suffering, a traumatic brain injury lawsuit can help you pay for medical expenses. But not all injuries equal lawsuits. Here are some details to help you determine if you can file a traumatic brain injury lawsuit. If you think you or a loved one should receive compensation, contact …

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If you or a loved one are suffering, a traumatic brain injury lawsuit can help you pay for medical expenses. But not all injuries equal lawsuits.

Here are some details to help you determine if you can file a traumatic brain injury lawsuit. If you think you or a loved one should receive compensation, contact an experienced personal injury lawyer.

What is a Traumatic Brain Injury?

A Traumatic Brain Injury (TBI) is any injury to the head that causes brain damage. The damage can range from a mild concussion to long term memory problems or even coma.

The most common causes in the United States of TBIs include falls, car accidents, and sports injuries. However, just because a doctor has diagnosed you with a TBI doesn’t automatically mean you can receive compensation.

If you are responsible for your injury, you cannot receive compensation for it. Even if the head trauma occurred in a car or bike accident, you must prove that the other driver directly caused your injury.

Personal Injury Cases

To receive compensation following a TBI, you’ll have to prove negligence, which involves establishing five separate matters: duty, breach of duty, cause in fact, proximate cause, and damages.

Michigan also recognizes comparative fault. Even if the defendant contributed to their accident, they might still receive some compensation. Without all five, a lawsuit might be unsuccessful.

Proving Duty

The first step in determining if you can file a traumatic brain injury lawsuit is establishing whether the defendant had a duty to you. For example, if your injury occurred while trespassing but the defendant wasn’t aware you were on their land, a judge may determine that the defendant did not have a duty to protect you.

Because of Michigan’s comparative fault statute, it’s possible to continue with a lawsuit, even if you were partially at fault.

Breach of Duty

After you’ve proven duty, you must then determine the defendant breached his duty. It can be harder to prove a breach of duty. You’ll need to prove to a jury that you were injured because the defendant failed in his duty.

Cause in Fact

The next step is to prove which action caused your injuries. For example, in a car accident, you would need to prove that by running a red light, the defendant caused the accident, and therefore your TBI.

It’s helpful to pinpoint the exact moment an injury occurred. In the car accident example, it would help if your doctor can prove that you injured your head by hitting the steering wheel.

Traumatic Brain Injury Lawsuit

Proximate Cause

Proximate Cause is even harder to prove. You’ll need to show to a jury that the defendant could have foreseen the results of his actions. If you are injured in a car accident directly caused by the defendant, that is likely a proximate cause.

If the accident doesn’t result in an injury, but a few days later you receive a head injury en route to a mechanic, that would likely be considered unforeseen circumstances.

Proving Damages

Once you have proved that the defendant did cause your injury, you must also prove damages. Damages can include medical bills, physical damages to your motor vehicle, or a new disability that impacts your ability to work.

It’s best to work with an experienced personal injury lawyer before filing a lawsuit. Because a negligence case must meet all five elements, it can be difficult for someone without legal training to present a successful claim.

Comparative Fault

If the above elements are only partially satisfied, you might still be eligible for partial compensation. Contact your lawyer before filing a case, especially if you believe you might be partly responsible for the accident that caused your injury.

Potential Damages in a Traumatic Brain Injury Lawsuit

TBIs can cause many problems both immediately after the injury and later. Even with a mild TBI, many patients experience confusion and an inability to concentrate for a short time after the accident.

You may need to take time off work due to your injury. Don’t decide this yourself; have a doctor document exactly what your injuries are and why they or any side effects mean you cannot work.

If you suffered a moderate or severe TBI, you likely have incurred substantial medical expenses. Record any communications with insurance companies, keeping track of any rejected or out of pocket costs.

In addition to medical damages, don’t forget to include any damages sustained to your car or bike, if you were involved in a road accident.

TBI Complications

Many people connect short-term confusion and memory loss with head trauma. However, TBIs can result in other complications.

Some people develop seizures as a result of a TBI. Seizures are a serious medical diagnosis and require long-term treatment and medication.

Others, especially those recovering from a coma, lose some motor function. Loss of limb use can directly impact your ability to work. In addition to filing a TBI lawsuit, you may also be eligible to receive a disability check.

Cognitive problems are also common in patients recovering from moderate to severe TBIs. Slurred speech, lack of concentration, memory problems, or language problems can all impact your quality of life and ability to work.

If you suffer from any of these complications, make sure to keep detailed records of all doctor appointments, medications, and days of work missed.

Unseen Damages of TBIs

Recently, there have been improvements in neurology, making it possible to pinpoint the exact location of brain injuries. If you are still experiencing side effects like confusion, insomnia, or lack of focus, and your CT Scan shows nothing, consider consulting a specialist with access to an HDFT.

Should You File?

Every case is different and depends on many factors. Even if you are clearly suffering from your injury, you will not receive compensation if you cannot prove the defendant’s duty to you, or that he was responsible for your injury.

Before contacting a lawyer, gather all your evidence and records. Police reports, eyewitness accounts, and medical records can all help to support your case.

Working With a Lawyer

If you or a loved one has experienced pain and suffering from a traumatic brain injury, you should work with a dedicated law firm experienced in personal injury law.

Proving negligence is a complicated legal matter, and Cochran, Kroll & Associates, P.C., have shown time and time again, they are up to the task.

Eileen Kroll, a seasoned partner at the law firm, is also a registered nurse. With her medical experience, she can help you determine if you are eligible for compensation.

If you or a loved one has a TBI and you believe another party’s negligence caused it, call our law firm at (866) 868-3779 to set up a free consultation.

The post Can I File a Traumatic Brain Injury Lawsuit? appeared first on Cochran, Kroll & Associates, PC.

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What Factors Can Cause a Boating Accidenthttps://cochranlaw.com/accidents-injuries-topics/what-factors-cause-boating-accidents/Tue, 25 Aug 2020 06:13:20 +0000https://cochranlaw.com/?p=20407In 2018, the Coast Guard recorded 4,135 recreational boating accidents across the United States. Boating is a fun activity for the whole family, but every boat owner should remain alert and attentive while driving. If you or a loved one has been tragically injured in a boating accident, contact Cochran, Kroll & Associates, P.C., for …

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In 2018, the Coast Guard recorded 4,135 recreational boating accidents across the United States. Boating is a fun activity for the whole family, but every boat owner should remain alert and attentive while driving. If you or a loved one has been tragically injured in a boating accident, contact Cochran, Kroll & Associates, P.C., for legal advice about how to proceed.

Common Causes of Boating Accidents

Some easily mitigated common factors in boating accidents include operator inattention, operator inexperience, and boating under the influence.

Alcohol use is often a significant factor in boating accidents and can leave the driver open to liability suits. Boat operators with alcohol in their system are more likely to keep an improper lookout and fail to see oncoming traffic before it’s too late.

It may be tempting to speed through the water, but excessive speed was among the top five contributing factors to accidents in 2018. Observe all speed limits and regulations every time you operate a boat.

Even the most attentive, best-prepared boaters can be struck by catastrophe. If the weather conditions change for the worse, return to shore as quickly and safely as possible. Boating in hazardous waters might look exciting on TV to thrillseekers, but it can have disastrous consequences.

Life jackets should always be worn by all passengers, especially during a storm. Remember, life jackets are not one size fits all. Children and babies require smaller sizes. Life jackets for adults will not keep a child afloat.

Causes of Boating Accidents

Tips for Mitigating the Common Causes of Boating Accidents

Equipment failure can happen to anyone. Be sure to inspect all your equipment before each trip, with extra attention after winter or a long period of non-use. The first few times you take your boat out, bring an experienced boater with you. They can help you inspect your boat and assist you until you have a few boating trips under your belt.

Everyone is inexperienced at the start, but there are ways to improve before stepping foot on a boat. Accidents and injuries occur less often if the boat operator has participated in a boating safety course.

Before leaving shore, double-check the weather radar. Some weather systems can form quickly, and even if the radar shows clear skies the night before, the forecast could change. While on the water, keep an eye on the skies for sudden wind changes and dark clouds.

What to Do After a Boating Accident

Involvement in a boating accident can be a traumatic ordeal, especially if you or a loved one is injured or killed. In the immediate aftermath of the accident, call the authorities and make sure everyone receives medical care if necessary.

If you were the boat operator when the accident occurred, you must report the accident to the Michigan Department of Natural Resources as soon as possible. If someone was seriously injured or killed, you need to inform the Department within 48 hours of the accident.

Contact a Boat Accident Lawyer

In the days following the accident, you will want to investigate all your legal options thoroughly. To ensure that you are aware of your rights, contact a law firm with extensive experience handling boating accident cases.

Especially if required medical care, consider a law office that also has experience with personal injury cases. Eileen Kroll, a senior attorney with Cochran, Kroll & Associates, P.C., is an experienced and capable lawyer who also has years of experience as a registered nurse.

Register for a Free Consultation

If you’ve recently been involved in a boating accident, call (866) 868-3779 to set up a free consultation. At Cochran, Kroll & Associates, P.C., you can expect a smooth and easy attorney-client relationship and a drive to get you the best settlement outcome possible.

Boating accidents can leave lasting scars, both physically and monetarily. By choosing a trusted and experienced boat accident lawyer, you can start on your journey toward healing.

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Top Reasons Why Disability Claims Are Deniedhttps://cochranlaw.com/legal-topic/top-reasons-why-disability-claims-are-denied/Mon, 24 Aug 2020 13:34:47 +0000https://cochranlaw.com/?p=20399The disability benefits application process can be long and stressful. On top of learning to live with chronic pain, limited mobility, a lower hearing level, or visual loss, you have to navigate a complicated legal system. Receiving a denial can be devastating if you and your family are relying on that money to survive. If …

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The disability benefits application process can be long and stressful. On top of learning to live with chronic pain, limited mobility, a lower hearing level, or visual loss, you have to navigate a complicated legal system. Receiving a denial can be devastating if you and your family are relying on that money to survive.

If you know the top reasons why disability claims are denied, it’s easier to avoid them. Learning about these pitfalls and working with a dedicated, experienced attorney can help you navigate the disability claims process successfully.

Am I Eligible for a Disability Claim?

There are multiple organizations through which you can submit a disability benefits claim. Each one has specific qualification requirements. If you’re unsure, the SSA has an online questionnaire that can help you determine if you should proceed with your application.

Social Security Administration (SSA)

The SSA is a federal organization. You may only apply for social security disability benefits if you have paid enough into social security disability insurance during your career.

If you are unable to work either temporarily or permanently due to an illness or an injury, you might be eligible to receive disability. The Social Security Administration (SSA)’s Listing of Impairments must include your disease or disability.

The list covers a wide range of ailments, but there are other potential causes for disability. If your reason is not listed, you might still be eligible but should contact a disability attorney for more information.

Supplemental Security Income (SSI)

SSI provides income to aged, blind, or otherwise disabled low-income people. Even if you have not paid into social security, you might be eligible to receive SSI. The eligibility requirements for SSI include not only proof of disability, but also proof of low income. Under 18s can also apply.

Michigan State Disability Assistance

SDA is another form of assistance available to Michigan residents. Suppose you already receive some disability-related benefits, live in special housing, or have been certified as unable to work for at least 90 days by the Michigan Department of Health and Human Services. In that case, you are eligible to apply for SDA.

Why are Claims Denied?

Even with an official diagnosis, there are other factors at play such as the ability to work or a lack of medical evidence. To receive disability, you must be unable to work. If you are applying for permanent disability, you must be able to prove your inability to work long-term.

Ability to Work

A crucial factor for SSDI applicants is an inability to work. Although your inability to work is apparent to you, your medical records must support your claim. If you are still working and earning an average of over $1,260 per month, your application will likely be denied.

Even if you are unable to continue your previous employment, you must prove a complete inability to work, even in other professions. In 2015, the SSA denied 40% of disability claims across the country because they determined the applicant was able to do different types of work.

social security disability benefits

Medical Evidence

A lack of medical evidence can derail your application for SSDI benefits. Even during the application process, continue all prescribed medical treatment.

If you don’t attend your appointments or are uncooperative while there, your doctor can note a failure to cooperate in your record.

Appeals Process

It is possible to receive Social Security Disability Insurance (SSDI) even if you receive a denial for your first application. Many claims are denied the first time around. Instead of tackling the appeals process on your own, consider working with a disability lawyer.

Cochran, Kroll, & Associates, P.C., has many years of experience working with the SSDI Benefits system, both with the initial application and the appeals process. If you believe you’re entitled to disability benefits, call (866) 868-3779 to set up your confidential free consultation, to discuss your case.

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