For support

Even though you may think the Social Security benefits application process is simple, it can be surprisingly tricky. Having a Social Security lawyer by your side can be a tremendous aid.

These lawyers are well-versed in the diverse processes as well as the standard issues that tend to affect applicants. Statistically speaking, having a Social Security lawyer in your corner is also going to greatly bolster your chance of having your application accepted in the first place.

If you are having trouble locating the correct documents, your attorney can help you contact your doctor, hospital or treatment center. Before submitting your application, they will check you have included all the necessary medical proof of your disability. Depending on your diagnosis, some additional information or forms may be compulsory. You likely would not have known if anything was missing until you had been denied. This early intervention saves you lots of time and heartache in a future appeal.

There are other nuances in the application that only experienced Social Security lawyers are aware of. For example, the form will ask you to list your daily activities and chores. Most people just write “laundry” or “sweeping.” But they do not mention how they continually have to stop doing this chore in order to rest their bodies due to the pain. Leaving out this small but critical detail can lead to the Social Security Administration deeming you healthy and in possession of free-range movement.

Social Security Disability lawyers are not only a resource for you to reference whenever you have any questions, but they can actually improve the quality of your application.

To justify your disability

If your condition is not on the standard list of qualifying disabilities, a Social Security lawyer can help you prove, without a doubt, that you are unable to carry out your usual duties and need the monthly benefits.

A Social Security lawyer will also argue that your disability is represented under the list of ailments that are recorded under Social Security’s “blue book.” This way you have a much better chance of being accepted through your initial application.

A Social Security lawyer is also a crucial piece of succeeding during the appeals process. Your attorney can view your medical records and speak to your physician to gather relevant evidence to present for your case. They can also collected a statement of approval from your doctor. Especially helpful is their ability to prepare you for any questions that the judges will field your way during your hearing. This way you won’t be caught off guard by any tricky or confusing legal jargon meant to slip you up.

Your attorney can craft hard-hitting legal arguments, call upon useful testimonies from yourself and other sources, and cross-examine evidence with medical professionals in order to prove that Social Security wrongly denied your claim.

To save time and money

By having an attorney onboard from the get-go, your first application is more likely to succeed. If everything works the first time, you will have less stress when it comes to supporting yourself and your family. You will not have to dip into your lifelong savings to keep afloat.

A Social Security attorney helping your appeal can also award your more backpay if you win you win your case. Your lawyer can help argue for the most representative disability onset date that will then allow you to net more backpay.

If your disability is particularly severe or you are in dire need of financial support, a Social Security lawyer might even be able to push your case and get it through the system faster.

To drive the appeals process

If your initial (or subsequent) claim is denied, Social Security disability lawyers can get involved and represent you during the appeals process. They will also speak with your doctors and treatment facilities on your behalf to collect more evidence for your claim.

Not to mention an appeal must be filed within 60 days. It can be challenging to find a good lawyer you trust in that short period. It’s better to already have an attorney you trust before this kind of situation even occurs.

To give you peace of mind

Although it is not a job requirement, many Social Security benefits lawyers will periodically check in with the Social Security Administration to get information about your application. Once available, they will pass this information on to you so you can stay up to date. If you try to get information on your own, it may not work. But attorneys have a higher sense of authority that may convince employees to give updates.

The general wisdom is that if you are considering filing for disability you should hire a Social Security lawyer sooner rather than later. Through a free consultation, your attorney can analyze the initial strength of your case and immediately start working with you from there. Social Security lawyers are also paid on contingency, meaning they only get paid if they win, meaning they will be highly motivated to see your case succeed.

Some firms will not accept a Social Security benefits case unless the client has been denied at least one time. But at Cochran, Kroll & Associates P.C. we believe in getting involved early to save you the stress and grief of a rejected application. Whether or not you have already been denied, are in the process of applying for the first time, or are just considering the possibility of applying, you can give us a call for a free consultation at 866-MICH-LAW. We are only paid if we make a recovery on behalf of you and your family. If there is no recovery, you owe us nothing.

The post Why Do I Need a Social Security Lawyer for My Disability Claim? appeared first on Cochran, Kroll & Associates, PC.

Get a proper helmet

A good helmet is crucial for all riders, and you should consider whether yours meets the proper safety requirements. Firstly, think about buying a full-face helmet with a visor to protect your face. Victims of motorcycle accidents who wear open-faced style helmets often come away with facial injuries and scarring, which is easily avoided by switching to a full-face helmet. Your visor will also protect you from catching flies and other bugs while you ride. Once you’ve chosen a helmet make sure it has been approved by the DOT (Department of Transport) who will have assessed and passed the helmet for road safety.

Buy the right riding clothes

Whether you ride a sports bike or a cruiser, the right clothing is essential. Full padded leathers, gloves, and boots are usually the go-to for bikers as they offer the best overall protection. Despite this, leathers are not waterproof and can make some riders uncomfortably hot. As an alternative, you could try textile leathers, which offer you breathable fabric and protection from the rain.

Riders can also buy padded jeans and trousers, which give you the same protection but with a more fashionable look. Whatever clothing you choose, make sure you pair it with motorcycle gloves and boots as regular shoes and sneakers will not offer adequate protection.

Take regular breaks

It can be tempting to ride for prolonged periods to get to your destination quicker. Taking regular breaks will ensure you remain fresh and focused while riding, and it also prevents you from getting saddle sores, which sometimes happen when you sit for a long time on your bike. While you’re stopped, consider eating or drinking something and make sure you check if your bike needs refueling.

Minimize night rides

When taking a road trip on your bike try to avoid too much riding at night. Riding across the country, particularly in Michigan, means you will encounter many long country roads that may be poorly lit at night. Riding with reduced visibility on an unfamiliar road is a recipe for disaster. An accident on a road like this would be very dangerous as medical attention could be far away and your motorcycle accident attorney might have a harder time finding witnesses if you’ve crashed in a secluded area.

Do most of your riding in the daytime to avoid unforeseen problems associated with poor visibility and for an all-around safer trip.

Defensive riding is the best offense

Many seasoned motorcycle riders will tell you being defensive on your bike is key to staying safe. Other motorists on the road are often less aware of motorcycle riders, which leads to an increase in accidents involving motorbikes. Accidents at intersections frequently happen when there is a motorbike involved. This occurs when a car turns into a bike because the driver had not seen the approaching bike. When riding towards an intersection, always be prepared to take evasive action if you see a car waiting. Control your speed appropriately in case the waiting driver makes a mistake.

Road positioning is also critical. Make sure you are always visible to the car or vehicle in front of you. Position yourself in view of the driver’s side mirror towards the left side of your lane and always pass on the left. If you are passing a line of cars, make sure you pass slowly as drivers in traffic often switch lanes without warning or using their turn signal.

Riding defensively can help you stay one step ahead of other drivers and avoid a potentially nasty accident. Of course, if the unforeseen did happen, an experienced motorcycle accident lawyer at Cochran, Kroll & Associates can help you.

Overall, taking the right precautions and having proper equipment can help you stay safe on all motorbike road trips.

If you are the victim of a motorcycle accident, please call toll free at 866-MICH-LAW for a free consultation. We never charge a fee unless a recovery is made.

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Preventable Errors

According to a study published by Johns Hopkins Medicine in 2016, over 250,000 people die annually from preventable medical errors. This figure is significantly higher than in any other developed country in the world. However, when it comes to reporting these errors, over 90% are never reported, and patients often have difficulties getting answers from their healthcare providers.

Preventable errors are caused by:

• Errors, delays, or failures in diagnosis
• Use of testing that is outmoded or incomplete
• Failure to order or act on test results
• Errors in treatments, surgery, medications, or testing
• Delay in treatment
• Birth injuries
• Failure to monitor or follow-up with treatment
• Failures in equipment or communication

Sometimes these errors are caused by a lack of education or training, sleep deprivation, negligence, and systemic failures within the healthcare system. With the underreporting and avoidance measures often taken by healthcare workers who realize they have made a mistake, it’s important to seek out a medical malpractice lawyer to get you the information you need for your preventable errors malpractice case.

Preventable Infections

Preventable infections occur when hospitals workers don’t take the proper precautions to keep antibiotic-resistant bacteria from entering a patient’s body. Those most susceptible to developing an infection often have catheters, central lines, ventilators, and surgical wounds. One in 25 patients develop preventable infections while in a hospital, and over 75,000 patients die from these infections every year.

Some of the healthcare-associated infections include:

• Urinary tract infections
• Pneumonia
• Norovirus
• Tuberculosis
• MRSA
• C. diff
• Staph
• HIV
• Hepatitis
• Influenza
• Infections in central lines and surgical sites

If you believe you are the victim of a preventable infection, seek the advice of a medical attorney to help you build your case.

Leapfrog Annual Hospital Survey

In 2018, Michigan hospitals ranked 11th in hospital safety according to the Leapfrog Group. About 40% of the hospitals in Michigan, or 32 out of 81, received an “A” grade, which is based on “28 evidenced-based measures of patient safety.” While this is a notable improvement from the spring 2018 grades which ranked only 24 hospitals with an “A” grade, there is still a lot of work to do in terms of improving patient safety and preventing errors and infections.

Impact of Medical Negligence

When a doctor, nurse, or other healthcare worker does not take the proper steps to ensure accurate, timely, and appropriate care for their patients, the results can be disastrous. At worst, the patient can die from this negligence. The patient can also be severely injured or disabled, resulting in permanent disability and lost wages, along with significant pain and suffering.

At best, there may be some additional or unnecessary care costs as a result of medical negligence, and you may be entitled to compensation for those costs.

Michigan Patient Bill of Rights

The Michigan Patient Bill of Rights outlines the rights that each patient has under the state of Michigan’s healthcare facilities. You have the right to accurate, timely, and appropriate care under the supervision of a doctor or other healthcare worker. You should: Receive estimated costs of care in writing ahead of time; have the right to inquire about a doctor’s certifications; have the right to receive emergency care; have the right to refuse treatment and have the right to file a medical malpractice or wrongful death lawsuit against a healthcare provider.

Proving Medical Malpractice

Medical malpractice can be difficult to prove in some cases. You have the right to request your medical records, and malpractice lawyers can help you investigate and build a case. They usually have a team of board-certified doctors and experts which they can call on to consult on your case and examine documentation, witness statements, and other evidence to determine if your case was caused by negligence.

If your case is not easy to prove, it might not be a viable lawsuit; however, you have up to two years in Michigan to file a medical malpractice claim from the time of the incident. This extra time may help with the investigation and provide more witnesses and clearer answers to help strengthen your case.

Hiring an Attorney

By hiring a medical malpractice lawyer and registered nurse Eileen Kroll at Cochran, Kroll & Associates, P.C. to take on your case, you are increasing your chances of winning your lawsuit. Not only will your lawyer collect evidence and expert testimony to bolster your case, but they will file all your paperwork on time and navigate the complex legal system for you.

For a no obligation consultation, please call 866-MICH-LAW.

The post Leapfrog Survey: Michigan Hospitals Ranked 11th appeared first on Cochran, Kroll & Associates, PC.

Why Do You Need a Car Accident Attorney?

Hiring an attorney to represent you after an accident occurs can help you receive a larger long term settlement. Since insurance companies have their teams of lawyers working on each case, you need to have representation to counteract their advantage.
For smaller injuries and damages, it is possible to represent yourself, but it is not recommended.

Finding an Attorney

Finding an attorney doesn’t have to be difficult. By following some basic research techniques as well as conversations with different firms, you can locate the perfect car accident lawyer to fight for your case.
Don’t settle for the first law firm you can find to take on your car accident case. It is important that you have the right legal counsel behind you so you can fight to win. Contact an attorney that you are confident can help you achieve the best settlement you can get.

Research Method 1: Using the Internet

Researching for a lawyer online is a similar process to trying to find any other kind of professional in your area. Just like you would search for “Dentists in my area” you can search for “auto accident lawyers in my area” too. Searching for attorneys online based in your area gives you a significant oversight of all the options available to you.
The advantage of using this research method is that you can reference reviews left by former clients. Read all the reviews and consider the different professional and communication factors the firm has or lacks. Remember these claims can take a while to solve, so it is vital you feel the lines of communication are always open between you.
You can also take advantage of the many extensive attorney databases available online to narrow and optimize your online searches. You can search using key terms like “personal injury lawyer” or look to see which attorneys in the database are familiar with accident laws.

Once you have found some highly-rated car accident attorneys online, you can also visit their websites to learn more about the firm as a whole as well as the individual attorneys. When looking at the website, try to find evidence of experience in representing victims of vehicle accidents. If there is none, or only very little information about their experience in this realm, it may not be the best representation option.

Research Method 2: By Telephone

If you do not feel comfortable looking for an attorney online, you can contact different agencies by phone and ask for their recommendations.
Find the contact number to your state’s bar association. They should be able to point you in the right direction of lawyers specializing in car accidents in your immediate area. Talking to your local or state wide bar association may also provide you a first look into the proceedings of a personal injury claim case.
Compared to the online research option, this method is better if you want recommendations from industry professionals rather than just clients. This method also allows you to investigate easily whether the firm you are interested in ever had any issues with the bar or if had their license suspended. If any of these things happened in the past, it is best to look for another firm to represent your case.

Research Method 3: By Recommendation

If you know anyone who was seriously injured in a car accident and had to hire a car accident lawyer in the past, ask them about their experiences. If they had a positive experience with their attorney, you could reach out to the same firm and see if they would be willing to take on your case as well.
If you happen to know a lawyer that your trust personally you can ask them to recommend a qualified colleague. Even if the lawyer you know doesn’t practice in car accident and accident injury cases that doesn’t mean that they won’t know someone who does. What better source is there to ask for good legal representation than from another lawyer?
However, when following recommendations, you should not enter into a contract blindly. Always meet with the lawyer first and see how you feel and if they are qualified enough for your case specifically. After all, each case is different, and your claim might include some extra challenges. You may have already lost wages from being unable to work due to your injury and you could be balancing hefty medical bills while recovering from your injuries, so you want to make sure you’re getting your money’s worth.
Regardless of which method you choose, it is imperative that you feel comfortable with your attorney and trust them completely. Another thing to keep in mind is their workload. If he or she is juggling too many cases at one, they may not be able to dedicate the necessary amount of time towards your car accident claim case.
There are a few other questions you should ask before deciding on an attorney to represent your car accident case:

• Check if they have a free consultation available, and if not, see how much the initial interview is going to set you back.
• Always make sure they are qualified to represent your particular case.
• Observe their fees. Are they reasonable? Will you be able to realistically afford their services? How are they expecting their payment? Are their fees negotiable in any way?

All of these factors can be very important things to consider if you are trying to get the most out of paying for a car accident attorney in Detroit.

If you are located in Michigan and are currently looking for representation in a personal injury case caused by a car, contact Cochran, Kroll & Associates for a free consultation at 866-MICH-LAW.

The post How to Find an Attorney When You are Injured in a Car Accident appeared first on Cochran, Kroll & Associates, PC.

Do Some Research

Conduct some preliminary research to find the best medical malpractice lawyer for your claim. A quick google search for “medical malpractice lawyers near me” is a great way to start.
Once you have found some lawyers in your immediate area, read reviews left by previous clients. Reviews generally focus on knowledge, experience, judgement and other professional factors. But keep in mind that some reviews may be unfairly negative if the victim didn’t receive their desired personal injury settlement amount. When in doubt, it’s best to give the attorney a call and see what you think for yourself.
It is also important to do some research regarding the attorney’s professional experiences. Contact the state and bar association to ask about the lawyers you are considering. They should let you know if any of them have had any issues or problems with the bar association and if their license was ever suspended, even if for only a temporary period. If this is the case, look into another option.

Ask for Recommendations

Ask your friends, family members, and coworkers if they are aware of any medical malpractice lawsuit lawyers in the area. If they aren’t, talk to other lawyers since they might have some connections in the medical error law world.
Assuming your primary care physician is not the one you are bringing a case against; you could ask them if any of their patients filed a Medical Malpractice claim and how their experience with their attorney was.
Even though recommendations are a helpful tool, make sure you still meet with the attorney before hiring them to form your own opinion about whether they are well-matched to your medical malpractice case.

Meet with Potential Medical Malpractice Lawyers

Once you have narrowed down your selection to some of the top medical malpractice attorneys, schedule a meeting to discuss their previous experience and your case details. Most firms offer a free consultation to discuss your case and if it would be possible to represent you.
Before your meeting, collect all the relevant information for your claim like your medical records. Also, have proof of the injuries, medical error, or death on hand so you can provide accurate information.

During your meeting, it is important to have an open dialogue with your potential medical malpractice lawyer to sow them the medical staff or individual did not provide a specific standard of care. Make sure you give them all the necessary information so they are knowledgeable about your specific situation and can make an informed decision about your representation. Ask them if they have had any previous experience with Medical Malpractice cases and what the results were. If the specific medical error claim you are opening ended in death, ask if they have experience with Medical Malpractice claims ending in death. These cases tend to be a bit more difficult since the key expert witness is unable to testify.
Additionally, ask what percentage of that firm’s cases involve Medical Malpractice. If it is only a small percentage, they may be lacking enough experience to take your case head on. Also, confirm whether there is a staff member present who is qualified to understand complex medical bills and healthcare documents that lead to the medical mistake.

Consider Your State’s Medical Malpractice laws

Each state has its own rules and limitations that apply when it comes to filing a Medical Malpractice claim against an organization, hospital, insurance companies, or individual. For example, in Michigan, the statute of limitations is two years. So, you need to start looking for a personal injury trial lawyer shortly after the injury or death occurs.
Cochran, Kroll & Associates, P.C. offers a no-obligation consultation so you can familiarize yourself with the process of filing a Medical Malpractice claim in Michigan. Give us a call at 866-MICH-LAW to discuss your case today. There is no obligation for a case evaluation, and no fee is charged unless recovery is made.

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What are Social Security Disability Benefits

Social Security Disability benefits are monthly payments given to individuals by the United States government for support. Individuals who receive these payments must have a total and long-term (more than one year) disability that prohibits them from working.

Social Security Disability benefits are unavailable for those with only partial or short-term disabilities. In these cases, it is recommended to find another form of support whether it be reaching out to your employer, relying on family members, or utilizing savings until you can return to work.

How Do You Qualify?

The qualifications for the Social Security Disability program are specific.
First and foremost, you must match the Social Security specific definition of total disability:

• You cannot carry out the work and activities you did before.
• A new career path is impossible due to your medical condition(s).
• And, your disability has already or is expected to last for at least one year or to result in death.

The reason the definition is so specific is that the Social Security program assumes that working families can get other resources for short-term disabilities. Generally, your condition has to limit your basic movements like lifting, standing, walking, sitting, and remembering for you to qualify for Social Security benefits.

Another precondition is that the Social Security program covered your previous career. If it was not, you are unfortunately ineligible for Social Security benefits. You must also have been working for a long enough period recently to qualify. If you have been unemployed for an extended period, there may be some hurdles to overcome during your application process. You must have earned enough social security work credits to qualify.

How Can You Apply?

To apply, you will need to provide several documents and forms relating to yourself and anyone else who would profit from your possible benefits. Keep in mind that everything must be presented in the original form when applying in-person. The office will take copies of all your documents and return the originals to you before you leave.

The paperwork includes:

• Social Security number and proof of age of yourself and any other benefiting parties.
• All contact information of your doctors and specialists that have taken care of you thus far pertaining to your disability.
• Complete medical records including the dosages of your medications and any test results.
• Information about your former workplace and the routine activities that you carried out.
• Your most recent W-2 form or a copy of your federal tax return.
• Proof of marriage, if applicable.

If you are missing any of these documents, start contacting the necessary offices immediately. A Social Security benefits lawyer at Cochran, Kroll & Associates, P.C. can also provide some advice when it comes to collecting your documents. Once you have gathered all the original copies of these forms, you can apply either online or directly at your local Social Security office.

How Can a Social Security Lawyer Help?

You should contact a Social Security benefits lawyer as soon as you find out that you are disabled in accordance with the social security definition. Although Social Security Disability lawyers are not required for the application process, they are familiar with the paperwork and can help you along the process.

Social Security lawyers at Cochran, Kroll & Associates, P.C. can also help you if your application is denied, which happens more often than you would expect; around 60% of initial claims are rejected. Even the smallest mistakes can jeopardize your chances. An extra pair of experienced eyes can help you avoid this and save you the grief of going through an appeals process. If you did not hire a Social Security lawyer during the application process, it is imperative to get in touch with one during the appeals process.

If you have any questions regarding the social security benefits program, application or appeals process, contact our Social Security lawyers for a free consultation at 866-MICH-LAW. There is no obligation for a case evaluation, and no fee is charged unless a recovery is made.

The post How to Apply for Social Security Disability Benefits appeared first on Cochran, Kroll & Associates, PC.

However, what many people don’t know is that, even before the 3M earplug lawsuit came about, there was a false claims suit filed by the Department of Justice that resulted in the False Claims Act. This act had a significant impact on the 3M earplug lawsuit.

The following will cover everything that you need to know about the False Claims Act and how it will help veterans who have suffered hearing loss.

What is the False Claims Act?

Also known as the Lincoln Law, the False Claims Act can be used against persons and companies that defraud the U.S. government. This means that any company that has a contract with the government or provides a government program with defective equipment is liable for lost compensation.

Background

In the case of the 3M earplug lawsuit, 3M took over a contract when they bought the company Aearo Technologies with the U.S. military to provide combat earplugs. Aearo Technologies had been providing faulty earplugs to veterans throughout their contract, and 3M knowingly continued the use of the flawed design.

A “whistleblower” then informed the government that 3M was providing earplugs to the U.S. military that were too short to fit into servicemembers’ ears, a defect that would cause them to come loose.

Who was affected?

For the last decade, hearing impairment has been one of the top ailments reported by servicemembers and veterans. For any veterans who served in Iraq or Afghanistan between the years 2003 and 2015, the dual-ended earplugs were standard issue.

If you or a loved one were in service during this time and have suffered hearing loss or tinnitus, you may be entitled to compensation. Seek a top personal injury lawyer in Michigan to take on your case today.

Admission of Guilt

Rather than attempt a trial and larger loss, 3M agreed to pay the settlement to resolve any allegations toward the company. Though the company did not admit to possessing prior knowledge concerning the defect in the court case, the settlement they agreed to in itself was an admission of guilt.

When 3M settled the court case, it made proving that the company was responsible for providing faulty equipment much easier for the veterans who had been affected. This is because 3M could not simply agree to pay restitution in one case and not in another for the same charge.

Settlement

The settlement, which totaled $9.1 million, only compensated the government for any losses that they incurred due to the faulty design of the dual-ended earplugs.

For bringing the case forward, the whistleblower was compensated $1.911 million of that settlement. The remaining amount is meant to replace the taxpayers’ money that was spent on buying the earplugs for the military in the first place.

This money, however, will not be passed on to cover the damages incurred by the victims of the combat earplugs.

Seeking Justice

Because the 3M settlement does not compensate the servicemen and women who have suffered hearing impairments, 3M lawsuits are springing up in Michigan and around the country.

If you or someone you know has been affected by the lawsuit, it’s important that you seek your own top personal injury lawyer to fight for you as an individual and achieve the settlement that you deserve.

In Michigan, law firms like Cochran, Kroll, & Associates P.C represent those affected by the defective earplugs. Consider seeking a free consultation to see if you have a claim today.

The Takeaway

The False Claims Act set the precedent that anyone harmed by a defective product while working for the government is entitled to compensation for that harm if the product was provided to and by the government.

In this case, 3M allowed servicemen and women to use defective equipment that caused hearing loss and impairment. The $9.1 million settlement that the company agreed to indicates that they know they were in the wrong, which makes it easier for Michigan veterans to seek the compensation they deserve.

If you or a loved one are experiencing hearing problems due to defective 3M earplugs, please call us today on our hotline number at 866-MICH-LAW for a no obligation consultation. If there is no recovery, you owe us nothing.

The post How Did the False Claims Act Help the 3M Earplug Lawsuit? appeared first on Cochran, Kroll & Associates, PC.

What is medical malpractice?

The American Board of Professional Liability Attorneys defines medical malpractice as a deviation from standard care guidelines in which an injury is caused by negligence and results in major damage. Lawyers specializing in medical malpractice help you stand up against detrimental institutions and prevent them from causing more harm in the future.

The warning signs

Although many residents are well cared for, abuse is more prevalent than most people wish to believe, and caregivers perpetrate 75% of the cases of nursing home abuse.

If you are planning, or already have placed your loved one in a nursing home, there are some signs you should look out for to keep them safe. While not all patients with these symptoms have been subject to nursing home abuse, any indication should be cause for further investigation.

1. Change in behavior

If your loved one begins showing severe changes in behavior such as unusual mood swings, emotional outbursts, reclusiveness or a refusal to speak they might be a victim of abuse.

2. Unexplained weight loss and signs of dehydration

If your loved one has lost significant weight in a short amount of time or is dehydrated, they may not eat or drink as often as they need. Extreme stress or anxiety can also be a cause of diminished appetite. They may also refuse to take their medication.

3. Bruises, cuts or other wounds

Does your loved one have any unexplained injuries like bruises, welts or cuts? This is one of the most obvious signs of danger.

4. The staff will not discuss your family member’s care

If the staff are unwilling or avoid discussing your loved one’s care with you, they may be trying to hide something.

5. Staffing issues

If the staff seems to be constantly disorganized and frazzled, your loved one may not be getting adequate care. A high staff turn-over may point to some underlying issues with the facility.

6. How do the staff communicate with other residents?

Are they kind, supportive and understanding? If not, there may be a heightened risk of mistreatment or even abuse.

7. The resident expresses concern

If your loved one mentions someone by name and how they don’t want to be cared by them, this may be a sign of mistreatment.

If your family member isn’t very talkative watch their body language as staff members come in the room. Do they seem afraid of anyone?

8. Calls aren’t being answered

If calls, made by you are going unanswered regularly, this may mean the staff is incapable of quality care.

9. Trust your intuition

Listen to your intuition. If you always have a bad feeling in the pit of your stomach when you visit, it may be time to research other facilities.

10. Unsanitary living conditions

If the living conditions are not up to par, the residents may not be receiving enough care or aide when it comes to their hygiene and other needs.

What to do next

Visit the facility on different days and times to see if the level of care varies and look for signs of neglect, like a strong urine odor in common rooms. Next, talk to the resident. Do they seem to have any concerns or problems?

If you still suspect a medical malpractice case involving an elderly person in Michigan, contact a medical malpractice lawyer immediately.

Contact Attorney Eileen Kroll for a free consultation at 866-MICH-LAW. Attorney Kroll, in addition to being a lawyer, is a registered nurse who has been involved in medical malpractice law for more than 20 years.

Without the help of an experienced medical attorney, you run a high risk of having your case dismissed.

At Cochran Kroll & Associates, it is our mission to fight for your loved ones and proper medical treatment.

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What qualifies as a wrongful death?

Wrongful death claims are civil cases brought against someone responsible for someone else’s death. The victim’s family members can seek justice and recover compensation for the appropriate damages.

6 things to consider before filing a claim

1. Was someone killed in an incident involving the defendant?

There are different types of death after which a wrongful death case can ensue: an unintentional killing, as a result of medical malpractice or negligence, or deadly car accidents caused by negligence. If the death of your family member falls into one of these categories, it may be possible to file a claim. However, there are other factors to consider.

2. Did the defendant owe a duty of care to your relative?

Duty of care is a legal term which basically means they were held accountable by law to act responsibly and reasonably.

3. Did the defendant breach their duty of care?

Meaning, did he or she fail to act as a reasonable and responsible person, in direct relation to the incident with your relative? If the defendant was the primary caregiver or a medical professional, contact a medical malpractice attorney to discuss whether the person breached their duty of care.

4. Did the defendant’s negligence or actions lead directly to the death of your loved one?

It is not enough that the defendant was negligent or acted irresponsibly. Proving negligence, especially for medical malpractice cases can be complicated and confusing to do. Lawyers specializing in medical malpractice are well versed in the pr0cess and can help you get to the bottom of your situation.

5. Only monetary damages can be recovered

This means, that the person you are filing a claim against cannot be put in prison because of the claim. They must be found guilty in a criminal proceeding rather than civil court.

Wrongful death damages include the loss of the deceased person’s expected income, any medical bills stemming from the accident before the victim passed and the funeral and burial costs. In addition, family members may be compensated for the loss of their loved one’s companionship, love and affection.

6. The guidelines for filing a wrongful death case vary from state-to-state

In Michigan, only certain people may collect if your case was successful: The spouse, a child, a grandparent or grandchild or a child of the person’s spouse. If none of these people are still alive and no will was drafted, the collection is free to anyone who was deemed eligible to inherit the estate.

From the time of death, you have three years to file a wrongful death claim in Michigan. Within 30 days of filing the claim, all family members are contacted and asked for any damages they suffered due to the death. They have 60 days to submit their damages. Otherwise, they will not be included.

You are not on your own

To decide whether a wrongful death case is warranted ask yourself if the victim would have filed a claim for personal injury if they were still alive. But remember that you do not have to file a claim or face the defendant alone. The attorneys at Cochran, Kroll & Associates, P.C. are experienced in wrongful death cases and can help you make informed decisions about what to do next and provide legal support and guidance during this emotional period. Call 866-MICH-LAW for a free consultation. We never charge a fee unless a recovery is made.

The post Do I Have a Wrongful Death Case? 6 Things to Consider appeared first on Cochran, Kroll & Associates, PC.

In fact, getting into an accident with a tired driver is one of the lead causes for individuals to reach out to car injury lawyers in Michigan, and the Centers for Disease Control and Prevention estimate that nearly 6,000 automobile-related fatalities that occur in the U.S. every year are the result of a tired driver.

In the following, we’ll discuss tips that may help you recognize the signs of a driver who is too drowsy to be behind the wheel, explain various tricks for avoiding driving drowsy yourself, and explain why contacting a car injury lawyer after being involved in an accident is imperative.

Drowsy driving causes accidents

If you have been in a car accident that was caused by drowsy driving, you understand the danger involved when a person decides to drive while drowsy.

In fact, doing so is one of the deadliest mistakes a driver can make, as the National Sleep Foundation indicates that driving while you are tired is the equivalent of having a blood alcohol content of 0.05%.

This number increases by the length of time a person has been up, jumping to 0.1% for someone who has been awake for 24 hours. For reference, 0.08% is over the legal limit for driving while intoxicated.

What causes drowsy driving?

This question may seem redundant: Obviously, it’s a lack of sleep that causes drowsy driving, right?

Only half true. Of course, a lack of sleep will cause a person to be tired, but drowsy driving may also be the result of drinking alcohol, an untreated sleep disorder, or a side effect of certain medications, among other health-related issues.

Warning signs that a driver might be drowsy

It can be easy to ignore a yawn, but there are many other warning signs that the driver in your car, the car next to you, or you yourself are too drowsy to drive.

Drowsy drivers:

• Forget the last few minutes of driving
• Drift into another lane or the rumble strips
• Can’t keep their eyes open
• Miss exits or street signs
• Blink frequently
• Feel dizzy
• Feel irritable
• Find it difficult to focus

How to prevent drowsy driving

Besides pulling over to let someone else drive, there are a few precautions you can take to ensure you are not driving drowsy. This can include:

• Sharing the driving with another driver
• Pulling over for a nap
• Drinking caffeine for a small boost of energy
• Avoiding driving at night where possible
• Discussing your medications with your doctor for alternates with no drowsy side effects
• Scheduling mandatory breaks during long drives

Though these tips may add to the length of your trip, keep in mind that it is better to arrive a little late and in one piece than not at all.

Seeking compensation

In Michigan, drowsy driving accidents are on the rise: In 2016 and 2017, 1,352 accidents were caused by drowsy drivers.

Unlike driving under the influence, however, driving drowsy is hard to detect, and it may be challenging to prove the individual at fault was drowsy behind the wheel.

Top auto accident attorneys in Michigan like Cochran, Kroll & Associates P.C. have the experience and knowledge to help you prove your claim against a drowsy driver in a car accident and know exactly what to look for in pursuing a car injury claim.

The takeaway

If you have been in an accident that involved a drowsy driver, it is essential you seek out a car accident attorney who can help you achieve compensation for your injuries.

For a free consultation call Cochran, Kroll & Associates, P.C. at 866-MICH-LAW.

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What are the most common airbag injuries?

Airbags inflate extremely quickly at between 160 to 320 km/h. Specific airbag size depends on the placement of the airbag as well as where the car was made: In Europe or the United States. Airbags may be placed in front of you, beside you near the windows or your knees. They are designed to help you brace for impact and minimize the injuries you sustain during and after a car crash.

In most cases, airbags are one of the last defense barriers during a car crash protecting you from harm. Between 1987 and 2012, airbags saved more than 40,000 lives according to the NHTSA. But some airbags can harm you if they are defective and deploy without a collision.

The most common airbag injuries are:

• Bruises
• Burns
• Broken bones or ribs
• Eye injuries (like partial or complete blindness)
• Internal bleeding
• Traumatic Brain Injury

Airbags can lead to serious injuries leaving you with hundreds if not thousands of dollars in medical expenses. Newer airbags are being designed to inflate slower to reduce the risk of injury. But there are actions you can take to protect yourself from possible airbag injuries.

How can you avoid airbag injuries?

Protect yourself from impact and defective airbag inflation by always wearing a seat belt when you are in a vehicle, even when the vehicle is not moving. Do not sit too close to the steering wheel, glove box, or the seat in front of you. Do not put any objects in front of or in between you and the airbag cover. A deployed airbag could launch this object toward you at extremely high speeds and cause even more harm.

Consult your driver’s manual for more information regarding your vehicle’s airbag model and how to avoid injury.

What actions can you take after suffering from an airbag injury?

After an injury caused by a defective or malfunctioning airbag, you must preserve evidence including the accident report, witness testimonies, medical records, and the damaged vehicle. The car’s “black box” computers are also helpful tools to prove if the airbag deployed without an accident. You must also keep the parts of the airbag in case a later test or research is required. Provide this evidence to your car accident attorney so they can open a product liability case on your behalf.

Airbag injury cases can be challenging, but the top personal injury lawyers at Cochran Law can help you. Even at-fault drivers can be compensated if a defective airbag injured them.

Claims regarding defective airbags are usually against the negligent vehicle or airbag manufacturers. If the manufacturer of your vehicle did not install the airbag properly or did not carry out the necessary inspections before putting the model on the market, they can be held responsible. If your claim wins, the manufacturer will be held responsible for all of your medical expenses stemming from the airbag impact as well as any additional damages caused.

If you or a passenger were injured by an airbag and are unsure if your situation warrants a product liability claim, do not hesitate to contact a Cochran, Kroll & Associates car accident lawyer in Michigan.

At Cochran, Kroll & Associates, we offer a free consultation and can advise whether your case would be viable in a court of law. We never charge a fee unless a recovery is made. For more information, call our office toll free at 866-MICH-LAW.

The post Airbag Injuries: How to Protect Your Rights appeared first on Cochran, Kroll & Associates, PC.

But what does this settlement mean for the men and women who served and were affected by the faulty equipment? The following seven facts about the 3M combat arms earplugs lawsuit can help veterans with hearing impairment consider whether they should seek out a personal injury lawyer to help file a claim.

The purpose of the dual-ended earplugs

The 3M earplugs in question were a dual-sided model that allowed for dual-purpose noise cancelation in the field.

The green side was designed to cancel out all sounds at any decibel. The yellow side, on the other hand, was designed to cancel out louder noises while allowing softer noises, such as talking to be heard. This design was intended to allow military service members hear each other speak while protecting their hearing against close-range loud noises, such as gunfire.

The earplugs were defective

The earplugs 3M produced as a continuation of a design developed by Aearo, which was bought by 3m in 2008, were defective.

Each end of the dual-sided earplug was not long enough for a universal fit in all ear canals. This resulted in an improper seal that did not allow for noise cancellation, the product’s intended purpose.

The earplugs also shifted in the ear during wear, causing them to come loose without the wearer’s knowledge.

Military members are the victims

These 3M dual-sided earplugs were given to military servicemen and women between the years of 2003 and 2015.

For those who served in Iraq and Afghanistan, these earplugs were standard issue. If you have been diagnosed with tinnitus or hearing loss after serving in the military during this period, you may be eligible to receive compensation. Seek the help of a top personal injury lawyer in Michigan to help you determine your eligibility.

A False Claims suit was filed against 3M

A whistleblower came forward to indicate that 3M had prior knowledge that the earplugs they were supplying to the U.S. military were defective.

Because of this, the government initiated a lawsuit against the company, citing the False Claims Act.

The False Claims Act, also called the Lincoln Law, states that any company or person that enters into a contract with a U.S. government program and knowingly provides a faulty service or product can be held liable for damages. The act is intended to protect the integrity of taxpayer’s money and how it is used by the government.

A settlement was reached

After the government enacted the lawsuit, it was found that the 3M company was aware the earplugs had received a Noise Reduction Rating of zero in initial design testing.

Despite this, 3M continued to supply the U.S. military with the defective earplugs under the U.S. government contract.

In July 2018, 3M agreed to pay a settlement of $9.1 million to the U.S. government for losses that were incurred in purchasing the earplugs from the company.

The victims will not receive any of the $9.1 million settlement

The 3M combat earplugs lawsuit settlement is meant to cover the funds spent by the government on the dual-ended earplugs over the 12-year contract. Along with this, a $1.91 million portion of the settlement was awarded to the original whistleblower.

Not a cent of the settlement will be put toward the damages incurred by U..S military service members.

But you may still be entitled to a settlement of your own

Despite this, there is still hope for victims of the 3M earplug scandal: In Michigan, and throughout the country, top personal injury lawyers are submitting 3M combat arms earplugs lawsuits on behalf of clients.

If you or a loved one served in a branch of the military anytime from 2003 to 2015 and suffered hearing loss or tinnitus, you may be eligible for compensation. Seek out a free law consultation with Cochran, Kroll & Associates, P. C. today at 866-MICH-LAW. We are only paid if we make a recovery on your behalf. If there is no recovery, you owe us nothing.

The post 7 Facts About the 3M Combat Arms Earplugs Lawsuit appeared first on Cochran, Kroll & Associates, PC.

But is goes further than just the settlement amount and the process of filing a claim. Here are six reasons why you should only hire an experienced medical malpractice attorney for your case:

Stay objective

Following the death of a loved one, it can be challenging to stay impartial and calm during your claim process. A medical malpractice lawyer, however, can remain objective and have a clear mind to help you get the very best result for your claim.

If you are unable to stay unbiased and your feelings of anger and loss come across in your correspondence, you may have more difficulties reaching a suitable settlement. Naturally, you have the right to have these emotions, but they can make the negotiation process more difficult and hostile between parties. Once you have a medical malpractice lawyer, make sure to leave all correspondence duties for them.

Know the correct settlement amount

If you try to represent yourself or hire an inexperienced medical malpractice lawyer, they may be unable to determine the correct settlement amount. Without enough experience, the initial settlement amount suggested may be far too high or far too low. Experienced malpractice lawyers can create a settlement that accurately reflects the damages caused while keeping a high probability of success.

An experienced attorney will also be familiar with other negotiation methods to use when conversing with your insurance company. This might help you receive a much higher settlement than ever possible if an inexperienced lawyer representing you.

Act as a middle man

Lawyers specializing in medical malpractice serve as the middle man between you, the defendant and any other involved parties. Not having to discuss the events over and over again will spare you the pain of having to relive them.

This will also help you avoid situations in which you say something detrimental to your case. After all, how you present specific information on your medical malpractice claim has a tremendous influence on the probable success of your case.

Save you stress and time

Having a medical malpractice lawyer means no paperwork for you! Your lawyer will handle all the necessary paperwork and fill them out accurately, so the chances of winning your claim are higher. They also know all the proper time frames, so you don’t miss any submission deadlines.

Know exactly who and what you need

The top medical malpractice attorneys know the law and how to use it to your benefit. They also know all the necessary information and proof required to have a successful medical malpractice claim. Experienced lawyers can point you in the right direction when it comes to collecting the necessary information.

Moreover, experienced lawyers will know if it is necessary to hire a medical expert to testify for your case and where to find them.

Know medical law and industry jargon

If you are not a medical professional yourself, understanding the medical issues or what exactly went wrong during the treatment or diagnosis can be extremely difficult. It’s better to find a lawyer who has ample experience with complex medical cases and evidence.

Knowing complex medical information is what separates lawyers specializing in medical malpractice from personal injury lawyers. At Cochran, Kroll & Associates P.C., we have a registered nurse on staff who has been practicing medical malpractice cases exclusively since 1990. Call Attorney RN Eileen Kroll at 866-MICH-LAW for a free consultation regarding your medical malpractice case.

Time is of the essence when it comes to filing medical malpractice claims in Michigan since strict limitations are in place. Don’t hesitate to contact us today to get the justice that you or a loved one deserves.

The post 6 Reasons Why You Need an Experienced Medical Malpractice Law Firm for Your Claim appeared first on Cochran, Kroll & Associates, PC.

You may not realize that, with the help of an experienced car accident attorney, you could end up with a much more satisfactory payout after an incident with your car. The following are just some of the ways that professional auto accident lawyers can help you.

Dealing with the insurance company

Negotiating with insurance companies after an accident can be challenging.

Without a lawyer, you would typically be required to speak to the insurance adjuster who will handle your claim. It is an insurance adjuster’s job to minimize the amount of money the company has to pay out to claimants, and if you don’t have prior experience in negotiating with adjusters, you will almost always end up with less compensation than you are entitled to.

In fact, adjusters may even try to shift the blame and push some of the liability on you, which can harm your claim in car accident cases that result in a court hearing.

An experienced auto accident lawyer handles the nuanced job of negotiation for you, and they will work with the adjuster – who they may even know – to obtain the compensation you deserve.

Obtaining the proper evidence to prove liability

Proving who is liable for your injuries after an auto accident can be very difficult, which means that plaintiffs often miss out on compensation when bringing a case.

Hiring an experienced auto accident attorney can ensure all useful evidence is gathered in support of your personal injury claim. The personal injury attorney will even go back to the scene to build a better picture of the accident and speak with the investigating officer to track down potential witnesses and help you build a convincing case.

Making sure you have evidence of damages

Evidence of damages is the point at which many claims fall apart for plaintiffs, particularly those who have suffered car accident injuries. Proving that injuries were the result of the accident in court without proper medical evidence is nearly impossible.

Although you do have the right to access your medical records, it can sometimes be difficult to obtain them within the time frame that you need them.

Obtaining medical records from a large hospital, in particular, can prove difficult. Large institutions often have very specific procedures that must be followed to claim your records even for insurance claims.

Even if you have gone through the steps necessary to obtain your records, they often come back incomplete and do not contain adequate comments by the doctor pertaining to the cause or prognosis of your injuries.

A good personal injury lawyer can make sure your medical records are obtained in a timely manner by following up as often as required. Additionally, they will ensure they are complete and clearly explain all that is required in court.

Final thoughts

Whether you have been involved in a minor or accident or a more serious altercation, an experienced car accident lawyer at Cochran, Kroll & Associates P.C. can work to help you take control of your claim. If you think you need to hire an attorney to help you claim compensation for lost wages, medical bills and any other expenses caused by an auto accident, please call our law firm at 866-MICH-LAW for a free consultation to discuss your car accident claim.

The post An Experienced Car Accident Lawyer Can Help With Your Case appeared first on Cochran, Kroll & Associates, PC.

Unfortunately, birth injuries are an all-too-common occurrence in hospitals in Michigan. Though not all birth injuries are the result of medical malpractice or negligence, the Healthcare Cost and Utilization Project estimates that nearly 50% of reported birth injuries are avoidable with proper planning for risk.

Your birth injury attorney can help you determine if any of the following four common birth injuries that your child has suffered were the result of medical malpractice.

Brachial Palsy Injuries

Brachial palsy injuries refer to various forms of palsy injuries, including Erb’s, Klumpke’s, and global palsy. The different types of brachial palsy refer to which area of the brachial plexus was damaged.

The brachial plexus consists of a network of nerves that are located in the lower neck and underarm areas. This network of nerves carries signals from the spinal cord to the nerves in the shoulders, arms, hands, and fingers and is responsible for providing movement and sensation to those areas.

The term palsy means weakness, as brachial palsy injuries typically result in the loss of motion or weakness of motion in the arms, shoulders, fingers, and hands. This weakness ranges from mild sensation and movement loss to complete loss of feeling and an inability to control the arm at all. It can also be temporary or permanent.

Infants suffer brachial palsy injuries during birth as a result of shoulder dystocia, which occurs when the shoulder is caught behind the pubic bone. If the attending physician pulls too hard or stretches the infant’s neck incorrectly during delivery, it can tear or otherwise cause damage to the brachial plexus.

Facial Paralysis

Facial paralysis results when the baby’s face is under too much pressure for a prolonged period during delivery, causing damage to the nerves of the face.

Some of the symptoms associated with facial paralysis include the infant’s inability to close the eyes adequately and a lack of movement on the affected side of the face. If the damage incurred to the nerves is not severe, the condition may clear up after a few weeks. However, the paralysis may also be permanent.

These injuries often occur in cases where the attending physician uses vacuum extraction or forceps incorrectly.

Brain Injuries

When the infant’s brain is deprived of oxygen during childbirth, it can lead to brain damage that results in several medical issues. These issues can be range in severity and include cerebral palsy, chronic seizures, and intellectual and physical impairment.

Unfortunately, oxygen deprivation is another common injury incurred during birth. If the doctor fails to monitor issues that impede on the infant’s ability to take in oxygen, such as issues with the umbilical cord or leaving the child in the birth canal for too long, it may be considered negligence.

Fractures

Fractures are another common birth injury that can occur during especially difficult or long deliveries, with the common fractures affecting a baby’s clavicle bone.

A clavicle fracture can occur if the baby is pulled too hard during delivery or if the infant’s shoulders are pulled too forcefully while they are in the breech position.

The Takeaway

In many cases, birth injuries can be avoided and prevented with adequate care. Contact the professional attorneys at your local medical malpractice law firm in Michigan to discuss your child’s injury and determine whether you have a claim to negligence.

Remember, birth injuries can be life-changing for you and your infant and necessitate lifelong financial support. You have the right to be compensated for the suffering that is caused by medical malpractice.

You can find lawyers specializing in medical malpractice in Michigan like the experienced firm of Cochran, Kroll and Associates P.C. who have a registered nurse on their legal team. Attorney, Eileen Kroll is also a member of the Birth Trauma Litigation Group and the Medical Negligence Section with the American Association for Justice, and she is committed to ensuring your birth injury case is taken seriously, allowing you to receive the settlement and peace of mind you deserve.

For a free consultation call our firm toll free at 866-MICH-LAW. We never charge a fee unless a recovery is made.

The post 4 Most Common Birth Injuries in Michigan Hospitals appeared first on Cochran, Kroll & Associates, PC.

As a patient, you may not even be aware that you possess various rights when it comes to your treatment at a medical facility or by healthcare workers. Some of these rights are guaranteed to you by federal law, your state sets some, and others include the patient Bill of Rights that is followed at the healthcare facility where you were treated.

Experiencing medical malpractice and negligence is traumatic, but you don’t have to go through it alone. Your local medical malpractice lawyers can help you defend your rights as a patient in Michigan and provide the expertise and support you need in handling a medical malpractice claim.

The following guide details how lawyers specializing in medical malpractice work to defend patient’s rights and the basic requirements needed for a medical malpractice claim. It also outlines the many benefits of working with a medical attorney to defend your personal injury negligence claim.

What Medical Malpractice Means

According to the American Bar Association, medical malpractice is the result of negligent actions that are committed by any healthcare provider during your treatment.

This can include doctors, nurses, dentists, technicians, hospital workers, healthcare institutions themselves, health insurance providers, pharmacists, and hospice workers. In short, it’s any medical professional whose performance of care during your treatment deviated from the standard skill and knowledge set of “those with similar training, and experience, resulting in harm to a patient or patients.”

In other words, medical malpractice suits come about when a healthcare worker administers treatment in a manner that does not fall within the standards of good medical practice set and followed by their peers in the medical industry. Medical malpractice lawsuits can also include misdiagnosis or any wrongful death that could have otherwise been avoided.

For example, if a patient undergoes a heart surgery that leads to further complications and injuries, those injuries may be the result of negligent action or medical errors on behalf of the surgeon during the procedure. To determine if surgical errors is the case, a judge or jury will look at testimonies that are given by other medical experts to determine what a competent heart surgeon would have done in a similar circumstance.

…And What it Does Not Mean

Medical malpractice does not refer to dissatisfaction with the results of surgery. For example, if a plastic surgery patient is dissatisfied with the results of their facelift, it does not constitute medical malpractice. In this case, you would have to show an actual injury that you incurred because your surgeon deviated from the standard of care you would have received from a comparable doctor for the same condition

However, in this instance, if errors that occurred during your surgery – such as being administered the incorrect amount of anesthesia or a procedure that was performed incorrectly – lead to damages, such as infection and disfigurement, you may have a claim.

The line between valid claims of medical malpractice and unfortunate coincidence can be vague and difficult to navigate without a background in the medical field.

Luckily, it’s not something you need to determine on your own: top medical malpractice attorneys in Michigan can work with you to look over your claim and determine whether you are a victim of medical malpractice whose patient rights have been violated.

Federal Patient’s Rights

In the United States, medical malpractice law is based on concepts of medical responsibility.

Right to medical records

The Health Insurance Portability and Accountability Act of 1996 includes the Privacy Rule, which guarantees patients the right to inspect, review, and receive a copy of the medical records that are held by their healthcare provider.

By law, these records cannot be denied to you in cases in which you are unable to pay for the services you received. If your doctor fails to provide requested documents in a timely or complete manner, you may have a valid claim to medical malpractice.

Right to privacy

Also laid out in the Privacy Rule, patient’s rights to privacy stipulate who can access medical records and when and work to protect your private information.

According to the Privacy Rule, only you or your representative (in the case of minors, a parent, for example) has the right to access these records. In addition, your doctor or healthcare provider can only forward your records to other providers with your written consent.

The Michigan Patient’s Bill of Rights

Michigan malpractice law is particularly complex as outlined by the Michigan Patient’s Bill of Rights According to the bill, all patients that are Michigan residents are entitled to various pieces of information in writing from their health insurance provider, including:

• A comprehensive cost-of-service estimate prior to treatment
• What is covered by your medical insurance
• Procedures concerning out-of-state-treatment

Michigan residents are guaranteed coverage in cases of emergency medical treatment. However, Michigan residents are also subject to a particularly complicated set of statute of limitations laws. For example, Michigan law requires that the victim files their complaint within two years of the services rendered. However, this is then further limited to a mere six months after the injury or negligent act was discovered by the victim.

A statute of limitations can also be extended if the victim in question is a minor, a veteran of the U.S. military, or mentally disabled.

Your personal injury attorney in Michigan can help you understand the limitations and expectations set forth by the Michigan State Health Department in claiming your medical malpractice lawsuit.

Patient Bill of Rights by Facility

In addition to federal and state rights, various healthcare facilities and hospitals enforce their own set of patient’s rights and codes of ethical medical practice.

While many of the bills that are practiced at medical facilities will undoubtedly adhere to state and federal laws, they typically function more like non-binding declarations than laws.

That is to say; they include rules or codes of conduct that are taken on by the staff of a hospital as a means of guaranteeing a certain standard of care to their patients rather than promising rights before the law.

For example, a hospital’s Bill of Patient’s Rights may include ambiguous statements, such as a healthcare provider’s commitment to helping a patient “maintain confidence in the U.S. healthcare system.” When scrutinized more closely, it is easy to see that such claims equate to simple formalities, as losing your faith in the healthcare system does not necessarily equate to an actionable offense.

Any claim you make is subject to arbitration, mediation, and litigation. It is your medical attorney’s job to collect the reelvant facts and administer the applicable law to help you prove the harm you incurred was the direct result of your doctor’s negligence.

If you or a loved one are a victim of medical malpractice please call Cochran, Kroll & Associates P.C. law firm to schedule your complimentary and no obligation free consultation at 866-MICH-LAW. No fee is charged unless a recovery is made.

The post How a Medical Malpractice Lawyer Protects the Rights of Injured Patients appeared first on Cochran, Kroll & Associates, PC.

“Hospitals and health care workers should be held accountable when they don’t follow proper procedure,” Medical Malpractice Attorney and Registered Nurse Eileen Kroll warns new mothers.

Hospitals must do better

“The vast majority of women in American give birth without incident. But each year, more than 50,000 are severely injured. About 700 mothers die. The best estimates say that half of these deaths could be prevented and half the injuries reduced or eliminated with better care.”
– USA Today, Hospitals know how to protect mothers. They just aren’t doing it. July 2018

Eileen Kroll highlights the report, which was based on a review of more than a half-million pages of internal hospital quality records, as well as examining the cases of more than 150 women whose deliveries went terribly wrong. Reporters contacted 75 hospitals and interviewed mothers or families to listen to their side of the story.

• Fewer than half of maternity patients were promptly treated for dangerously high blood pressure that put them at risk of stroke. At some hospitals, this number was less than 15 percent. This life-threatening condition is known as Preeclampsia. Untreated high blood pressure can lead to seizures and stroke.
• A study showed that 93% of women who bled to death during childbirth (hemorrhage) could have been saved if hospital staff had monitored blood loss more closely.
• Since 2010, researchers have been promoting childbirth safety practices to reduce deaths and injuries that have been built upon years of published research, but “despite nearly a decade of medical studies, warnings, advice and training, hospitals continue to provide uneven care.”

The report reveals that this potentially dangerous lack of attention is happening at hospitals of all sizes, even in the most technologically advanced birthing centers, and also in doctor’s offices before and after delivery.

It goes on to state that, according to a report published in The Lancet Medical Journal, from 1990 to 2015, the rate of maternal deaths in the U.S. has risen sharply, while during the same period rates in most other developed nations has been flat or dropping.

“Best practice safety measures have been shown to prevent injury and save lives,” Eileen Kroll continues. But hospitals are failing to put these standards of care into place.

What can be done to protect mothers from hospital negligence during labor and delivery?

USA Today recommends that regulators and oversight groups, including government-run Medicaid, take a stronger stand in requiring hospitals to do more. Medicaid helps pay for nearly half of the 4 million births each year in the U.S.

Hospital negligence victims speak out

“Some praise the care they received. But many women said they felt frustrated and powerless after encountering doctors and nurses they felt didn’t listen or weren’t prepared for emergencies.”
– USA Today, Hospitals know how to protect mothers. They just aren’t doing it. July 2018

Searching for answers when labor complications go wrong

“I was deeply moved by the many heart-wrenching personal stories of labor complications gone wrong,” Cochran, Kroll & Associates’ attorney Eileen Kroll comments on the USA Today article. “These women were left seeking answers, feeling helpless.”

According to the article, “They want other mothers to know the importance of finding health care providers who listen to their concerns, pay attention to warning signs and are trained to deal with complications.”

“It’s important that a woman in this situation work with an attorney that specializes in medical malpractice cases involving childbirth,” Kroll continues. “Cochran, Kroll & Associates has proven experience helping women who are victims of hospital negligence.”

Progress made in adopting standardized hospital care during labor and delivery, but more is needed

The USA Today article notes that “there is a growing recognition by hospitals that they need to adopt standardized care practices to save mothers’ lives.” And there is data to suggest this is happening, though slowly.

USA Today’s research provides examples of hospitals where enacting best practice standards of care has made a difference in preventing injury and death caused by overlooking warning signs. “Experts say the slow pace of change is largely because, in this country, doctors and hospitals enjoy wide latitude in how they practice medicine,” the article states. It continues: “How they treat patients is often based on what providers were taught – years or decades earlier – in medical or nursing school, plus their individual experiences over time. When researchers identify safer ways of caring for patients. There are no mandates that providers read or follow these practices.”

What can you do if you suspect hospital negligence during labor and delivery?

The USA Today article includes a link to a helpful Guide that lists questions to ask the hospital and your doctor about their safety practices before choosing them as your provider. (We’ve posted a link to the full story following this article.)

If you’re a mother, or the loved one of a woman who was injured or died during childbirth, and you suspect that the hospital facility may not have followed safety procedures, or did not respond promptly to high blood pressure, severe bleeding or other symptoms, you may be entitled by law to receive compensation.

Call today to speak with Medical Malpractice Attorney and Registered Nurse Eileen Kroll at Cochran, Kroll & Associates. Or for your convenience, submit our web form and Cochran, Kroll & Associates will contact you. Eileen Kroll’s experience in uncovering the truth and in preparing your case gives you the best chance at seeking fair and just compensation when you’ve been a victim of hospital negligence.

Read the USA Today Article

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UPDATE: California Juror awards $30 million to woman diagnosed with mesothelioma

On March 13, 2019, a California jury awarded close to $30 million to a woman who was diagnosed with mesothelioma in 2017 after using Johnson & Johnson Baby Powder and Shower to Shower (another powder containing talc sold in the past) consistently in the 1960s and 70s.

This suit is the first to go to trial since December 2018 articles by Reuters and The New York Times alleged the company knew for years that its baby powder might contain asbestos. Lasting for approximately nine weeks, this is just one of the many lawsuits filed against Johnson & Johnson scheduled for trial in 2019.

“While Johnson & Johnson continue to deny claims that their talcum powder has dangerous side effects, evidence shows a direct link to cancer due to asbestos contamination,” says Attorney and Registered Nurse Eileen Kroll. “As long as Johnson & Johnson continue to deny responsibility, Cochran, Kroll & Associates will be there to fight for the rights of those who have been negatively affected by their products.”

UPDATE: New report shows asbestos in Johnson & Johnson Talcum Powder

On December 14, 2018, Reuters, an international news organization, posted a report alleging that between the years 1972 and 1975, Johnson & Johnson’s talcum powder tested positive for asbestos in at least 3 different labs.

In April 2018, a jury in Verona, New Jersey awarded $117 million to a man who developed mesothelioma after using Johnson’s baby powder for approximately 30 years.

Documents presented at this trial showed that Johnson & Johnson knew as early as 1969 that there were traces of asbestos in their talcum powder that could lead to mesothelioma and lung cancer but decided to withhold this information.

Due to this act of negligence, Johnson & Johnson are now facing a multitude of lawsuits by men and women who have been affected by using their talcum products.

“Justice must be demanded when companies fail to create and sell safe products,” notes Attorney and Registered Nurse Eileen Kroll.

If you, or someone you know, has been diagnosed with mesothelioma or lung cancer that may be linked to Johnson & Johnson’s products, please contact our office for a free, confidential review of your potential claim. You could be entitled to financial compensation.

Does talcum powder cause cancer?

That question was presented for our court system to determine in 2 recent U.S. cases of product liability and failure to warn consumers of a known potential risk.

In February 2016, a jury in St. Louis, Missouri, awarded $72 million to the family of a woman who died from ovarian cancer after using Johnson’s talcum powder products for feminine hygiene.

In a separate case in May 2016, a jury in St. Louis, Missouri, awarded $55 million to a woman who was diagnosed with ovarian cancer after using Johnson’s talcum powder products for feminine hygiene for approximately 40 years.

Manufacturer failed to warn consumers

Evidence presented at these two trials shows that Johnson & Johnson knew as early as 1971 that there was an association between an increased risk of ovarian cancer and use of their talc products for feminine hygiene.

Despite knowledge of this increased risk of ovarian cancer, Johnson & Johnson failed to warn consumers, and is now facing thousands of lawsuits from women who have been diagnosed with ovarian cancer after using Johnson’s talcum powder products. These products include Johnson’s Baby Powder as well as Shower to Shower, both of which contain talc as an ingredient.

Cochran, Kroll & Associates is now accepting talcum powder-induced ovarian cancer cases nationwide

Attorney Eileen Kroll specializes in cases involving women’s health issues. As both an attorney and a registered nurse, she is uniquely qualified to handle these types of cases.

“For decades, women have been using Johnson’s talcum powder products in their genital area as a way of keeping the skin dry, free of irritation, and smelling fresh and clean,” explains Attorney and Registered Nurse Eileen Kroll.

You may be entitled to compensation

Kroll, a partner in the law firm Cochran, Kroll & Associates in Livonia, Michigan, continues: “However, evidence presented in the lawsuits against Johnson & Johnson shows that the talc powder used in these products can enter the body through the vagina and travel to the ovaries. Once the talc powder reaches the ovaries, experts are concerned that it can cause an increased risk of ovarian cancer.”

In fact, the World Health Organization considers talc a “possibly human carcinogen.”

You need experienced representation

Nurse/Attorney Eileen Kroll focuses her caseload on product liability and medical malpractice issues. She earned her BS in Nursing from Madonna University and her law degree from University of Detroit. Kroll was featured in the Livonia, Michigan, Observer newspaper for her expertise in representing women who have been diagnosed with ovarian cancer and used talcum powder for feminine hygiene. Read the article.

Free consultation – act quickly

If you, or someone you know, has been diagnosed with ovarian cancer, and used Johnson & Johnson’s products for feminine hygiene, please contact our office for a free, confidential review of your potential claim. You could be entitled to financial compensation.

The post Courts Award Damages in Multiple Cases Linking Ovarian Cancer and Talcum Powder appeared first on Cochran, Kroll & Associates, PC.

Hiring an experienced car accident lawyer at Cochran, Kroll, & Associates, P.C. can help you navigate the no-fault claims system in Michigan. Your personal injury lawyer can also negotiate on your behalf with the insurance companies for you to obtain fair compensation regarding your injury claims.

What Should I Do After a Michigan Auto Accident to File a Claim?

Before you file your personal injury claim for compensation, you need to collect essential documentation to support it. These pieces of evidence can help prove the severity of your injuries and the cause of your accident. Working with an auto accident attorney can help you assemble the necessary documentation to establish a strong case.

Pick Up Your Accident Report

When police officers arrive at the scene, they investigate the accident, interview all drivers and passengers involved, and inspect any vehicle damage. The police may have asked them for their testimonies if there were any witnesses. The police report contains the following:

• Date and time of the accident
• Each driver’s contact and insurance information
• Description, pictures, and diagrams of the accident, including where and how it happened between the cars
• Conditions of the road and the weather
• Statements from drivers and passengers
• Witness statements, if any
• Property damage and sustained auto accident injuries
• Any violations of traffic laws
• Officer’s conclusions about the crash, including who is the at-fault driver

The police officer can direct you to where you can pick up the police report for your insurance claim. If a Michigan State Police officer responded to your accident, you can visit the Traffic Crash Purchasing System and pay a fee to view your traffic accident report.

Save All Pictures and Videos from the Accident Scene

Although the police report usually contains a visual depiction of the accident, you may have taken photos and videos of the accident scene. Keep as many pictures and videos as possible, including close-ups of the damaged vehicles and wide-angles of the entire accident scene.

You can use these videos and pictures to explain what happened to your lawyer. They can show how the at-fault driver behaved during the incident and give your legal representation additional information to use in your accident lawsuit.

Request Your Medical Records

Your medical records can show your injuries resulted from the car accident and that you followed the treatment plan set by your primary care doctor. For example, if you suffered nerve damage, you can use your records to prove you did not have a pre-existing condition.

Additionally, closed head injuries often show no immediate outward signs of harm and may take days or weeks to manifest after an accident. If you suffer a closed head injury, your medical records can show the progression of your condition starting from the date of your accident.

These records can also give your lawyer an estimate of all the medical treatment costs and future treatments you may need, such as surgery and occupational rehabilitation.

Your legal team can find the following items in your medical records:

• Emergency room records
• Diagnostic test results, such as X-rays and MRIs
• Medical reports from other healthcare providers, including physical therapists, occupational medicine physicians, and psychologists
• Transportation costs of all your visits to your doctor
• Out-of-pocket medical expenses for prescriptions and assistive devices like wheelchairs

Save all your receipts and invoices from your medical visits, even for minor injuries. Your healthcare provider can provide you with a release for your medical records, so you can authorize your lawyer to pick them up on your behalf. Ask your provider what the authorization process entails to simplify access by third parties, such as lawyers, to your medical records.

Gather Proof of Income

If the car accident forced you to miss work, you should receive compensation for the loss of income. Make sure you gather all the evidence for your lawyer to prove what you would have earned had the accident not happened, such as:

• Paycheck stubs and W-2s
• Tax returns
• Letter from your employer detailing the amount of wages lost because of the accident

Your personal injury attorney can help you file an injury claim with your PIP insurance to get accident victim’s compensation for missed work. If your injuries meet the serious threshold in Michigan, you can also pursue a settlement for loss of enjoyment of life related to losing your ability to perform your previous job duties.

Obtain Vehicle Damage Estimates

Your lawyer will determine the appropriate amount of compensation based on the car’s pre-accident value and the estimate of the repairs. Make sure you keep all receipts for car repairs. If your car needs future repairs, ask the mechanic and the repair shop taking care of it for a repair estimate.

Understanding the Car Accident Claims Process in Michigan

Michigan is a no-fault state, meaning you can receive personal injury protection coverage regardless of liability in a motor vehicle accident. You must file your application for no-fault benefits with your auto insurance company within one year of the date of the accident. The no-fault insurance benefits cover your accident-related expenses, including medical bills, loss of wages, and household replacement services for up to $20 per day.

If your injuries are severe, you can receive in-home attendant care benefits for up to 56 hours per week if a household member, friend, or business associate is helping you. Insurance companies must provide additional coverage if you need more care beyond the time limit.

The following are the steps involved in the accident claim process of getting compensation.

Report the Accident to Your Insurance Company

Your experienced attorney can help you put together the pieces of evidence gathered to bolster your claim. In addition, they can check to ensure that your claim for compensation is within the policy limits based on the evidence you provide. For instance, if you need assistance with daily tasks, then your attorney can make sure you get attendant care benefits under your policy by collating your medical records and expenses.

The Claims Adjuster Investigates Your Claim

Upon receiving your claim, a claims adjuster will evaluate your insurance policy limits to determine the amount of compensation you need. They also review the evidence that came with your claim, including the police report and medical records, ?to connect your injuries and expenses to the accident. The adjuster may even request accident reconstruction experts to find out what happened in the motor vehicle collision.

You May Receive an Initial Settlement Offer

The insurance adjuster will offer an auto accident settlement for your economic losses after understanding the accident and nature of your injuries. There is a possibility that the settlement check may not cover all your future medical expenses. If you do not believe the amount of money is sufficient, consult your attorney for legal advice before accepting it.

Your Lawyer Can Negotiate With the Auto Insurer

If your claim is denied or the settlement is inadequate, your auto accident lawyer can request to enter negotiations with the insurance company. Your lawyer can persuade them of the full value of your auto accident claim by using evidence of your injuries and other proof.

If the insurance company refuses to pay your no-fault benefits, then you and your lawyer can take legal action for unpaid no-fault benefits.

What is Required to File a Michigan Non-Economic Damages Claim?

Filing this type of claim for pain and suffering requires proving your injury resulted from a negligent driver who is the at-fault party in the accident. It must be objectively evident that you have been injured. The injury is also a serious impairment of an important body function that restricts your ability to lead an everyday life.

You may also recover excess medical expenses and wages not covered under your insurance policy. If you are considering this claim, you can work with your lawyer to file a claim with the negligent driver’s insurance company for compensation. Your evidence can demonstrate the severity of your injuries, what type of treatment you received, and how your injuries have affected your life.

This claim must be filed within 3 years of the date of the accident.

Who Pays for Property Damage to My Vehicle?

If the vehicle damage is up to $3,000, your lawyer may recommend filing a claim for property damage against the other driver’s insurance company. This claim may only be filed if the driver was 50% or more at fault for the accident and if they have limited property damage liability in their insurance policy.

You can file a mini-tort lawsuit against the driver if the driver doesn’t have limited property damage liability. This lawsuit can start in small claims or municipal court, but either party can move the case to higher courts if necessary. A successful mini-tort lawsuit requires a police report, the cost of vehicle repairs, and video and photos showing that the other driver was at fault.

Contact a Michigan Car Accident Attorney Today

Filing a claim can be complicated if you have been involved in an auto accident in Michigan. A Michigan auto accident attorney at Cochran, Kroll, & Associates, P.C. can offer legal advice on the types of claims you can file for compensation. Our lawyers are dedicated to providing our clients with the best legal representation possible.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW (1-866-642-4529) and schedule your no-obligation, free case evaluation.

Disclaimer: The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

The post Filing a Car Accident Claim in Michigan appeared first on Cochran, Kroll & Associates, PC.

If you’ve been in an auto accident, you may be feeling overwhelmed by the process of dealing with your insurance company. You may experience increased stress if you are recovering from severe injuries such as spinal cord injuries and need legal advice on how to recover compensation.

To understand what to do next after a motor vehicle accident, a Livonia, Michigan lawyer can guide you through the legal process of filing a personal injury claim.

Why Do I Need a Livonia Car Accident Lawyer?

An experienced personal injury attorney can safeguard your legal right to no-fault benefits for wage loss and ongoing medical treatment for your injuries. They can help you understand the additional damages you may receive for your losses.

Understand Your No-Fault Benefits

Your auto insurance company must provide you with no-fault insurance benefits under the Michigan auto no-fault insurance law. These benefits include coverage for loss of wages, medical expenses, and property damage to other vehicles.

If your injuries prevent you from performing daily tasks, you can access allowable expenses and in-home attendant care benefits. These include up to $20 daily for household replacement services and 56 hours of attendant care. Additionally, this coverage can cover burial and funeral expenses in the event of wrongful death.

When you work with a lawyer, they can ensure you receive all the benefits that apply to your case under Michigan no-fault law. They can gather and review all evidence, including photos and videos of the accident and your medical bills, to determine the impact of your injuries on your life.

Your lawyer can use your pay stubs and W-2s to demonstrate the loss of income due to the accident. For instance, if you need time off for post-surgery recovery from shoulder surgeries, your lawyer can tell you which benefits you’re eligible for, including medical expenses and wage loss benefits.

File Your No-Fault Claim

You only have one year to apply for no-fault benefits with your insurance company after your accident. However, many insurance providers require a notice of the accident within 30 days. If you apply for no-fault benefits after the 30-day filing deadline, you likely won’t receive compensation for your injuries and lost wages.

It is best to retain legal representation to help you file your claim for damages within the applicable deadline. Your lawyer can read over your insurance policy limits to ensure you receive the appropriate coverage for your injuries when you file your claim.

Calculate Your Settlement’s Full Value

The insurance industry uses aggressive tactics to deny or delay claims to auto accident injury victims. After a car accident, the claims adjuster may attempt to convince you to settle your claim for much less than its total worth. They may also try to have you sign a release agreeing not to file any future accident claims for no-fault auto insurance benefits.

A skilled attorney can negotiate with the insurance claims adjuster for maximum compensation according to your policy limits and economic losses. The attorney can estimate the value of your settlement by considering the costs of your current medical care, lost wages, and medical bills for ongoing treatment.

They can use your medical records and photos of your injuries to point out how severe your accident and injuries were. By presenting this evidence, your car accident attorney can make it more difficult for adjusters to lowball you.

Prove Negligence of the Other Driver

Michigan’s no-fault benefits are helpful for financial compensation for your economic losses. However, these benefits do not cover intangible losses like pain and suffering or emotional distress that result from an accident.

You may be able to file a third-party claim against the at-fault driver for non-economic damages. With Michigan’s modified comparative fault law, you are eligible for compensation if you are 50% or less at fault for an accident. If photos and videos of the actual accident scene reveal an intoxicated driver causing your sideswipe accident, you may have a higher chance of recovering non-economic compensation.

You can file this claim when you suffer permanent disfigurement or serious impairment of an important body function affecting your way of life. You may also claim compensation for excess wages and medical care over the coverage provided in your insurance policy.

Your experienced attorney may also advise you to file a personal injury claim for the wrongful death of a loved one. This claim is essential for you and your loved ones to obtain a wrongful death settlement for the loss of enjoyment of life and loss of consortium.

A Livonia Auto Accident Lawyer Can Help You

If you or a loved one was an automobile accident victim, work with a personal injury lawyer from Cochran, Kroll, & Associates, P.C. to help you with your claim. Our track record of success shows that we can help you win compensation for your injuries.

• $500,000 recovery for a Livonia City young lady who suffered a brain injury after an accident.
• $400,000 settlement in excess of no-fault benefits for home modifications and attendant care to a Livonia gentleman with a spinal cord injury.

Preserve Your Rights to Fair Compensation After a Livonia Car Accident

A Livonia auto accident victim requires the legal assistance of an experienced lawyer to help them understand Michigan’s no-fault law and personal injury claims processes. The auto accident lawyers at Cochran, Kroll, & Associates, P.C. are knowledgeable in personal injury cases, including auto accidents, so we can help you with your claim after your accident.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW (1-866-642-4529) and schedule your no-obligation, free case evaluation.

Disclaimer: The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel, and no attorney-client relationship is created nor intended.

The post Why Livonia Michigan Car Accident Lawyers appeared first on Cochran, Kroll & Associates, PC.

Hundreds of lawsuits have been filed against Philips Respironics since the company first announced its recall in June 2021, and there could be many more to come. The ongoing Philips Respironics multidistrict litigation (MDL) is in the United States Western District of Pennsylvania and is in its earliest stages of pre-trial proceedings.

If you want to calculate the cost of a potential Philips CPAP machine recall lawsuit, there are many factors to consider for your case. You may also receive a settlement based on whether you could join the Philips MDL. A CPAP lawyer familiar with Michigan’s product liability laws and the MDL at our law firm can help you estimate the value of your CPAP machine lawsuit.

What’s the Background with the Philips CPAP Recall Lawsuits?

After determining that the PE-PUR sound abatement foam in the devices disintegrated into particles, Philips announced the recall. A major source of concern was the various poisonous and carcinogenic chemical components in PE-PUR foam.

The users of these machines could inhale and ingest microscopic foam particles, which could damage lungs, livers, kidneys, and other organs. Other side effects of ingestion may include headaches, asthma, and irritation of the nose, eyes, and skin. Among the more serious health consequences of inhaling and ingesting the particles are toxic and carcinogenic effects.

Shortly after Philips announced its recall, CPAP product liability lawsuits were filed in federal courts across the country. The plaintiffs claimed they used their CPAP machines for long periods to help sleep apnea. Because of the long-term use of the machines, they developed serious health conditions that may be related to PE-PUR foam particles.

What did Philips know about the recalled sleep apnea machines?

Because Philips failed to warn its users about the dangers of the foam and a lack of duty of care, evidence against Phillips is mounting. According to a November 2021 FDA inspection report, Philips knew about the issues with the PE-PUR foam long before issuing the recall.

In 2018, staff members at Philips found the foam could fall apart when exposed to high heat and humidity. However, they decided not to change the design of their machines and continue using foam in them. Phillips executives knew of the foam degradation issues starting in 2020, but they didn’t take any action to address them until April 2021.

What About the Philips CPAP MDL?

The U.S. JPML (Judicial Panel on Multidistrict Litigation) has consolidated the multiple Philips CPAP and BiPAP legal claims into an MDL in the U.S. Western District of Pennsylvania.

The MDL is in Pennsylvania since the company manufactured many of the recalled products in Murrysville. A significant amount of evidence and witnesses are located in the Western District of Pennsylvania, which may prove helpful in the MDL. This eliminates duplicative discovery, prevents conflicting rulings from multiple judges, and is convenient for parties, witnesses, and courts.

In December 2021, the judge in the Philips CPAP MDL issued an order outlining the procedures for naming members of the Plaintiffs’ Steering Committee. The Plaintiffs’ Steering Committee is composed of plaintiffs’ attorneys who have the authority to act collectively for all plaintiffs in the case. The MDL Steering Committee makes many decisions that affect all plaintiffs in litigation.

How long would it take to win a CPAP machine MDL?

The MDL can undergo consolidated discovery and bellwether trials for several months. The consolidated discovery proceedings may focus on the evidence linking the inhalation of PE-PUR foam to various malignancies and other health issues. There may be some focus on the mechanics of the disintegration of the PE-PUR foam.

After the discovery phase, the judge selects a few CPAP cases for bellwether trials, where a jury decides. The outcomes from the bellwether cases can give the lawyers for the plaintiffs and defendants an idea about what a jury thinks about the claims and defenses presented. The juries’ decisions also indicate the settlement amount in a typical MDL case.

When plaintiffs win their bellwether trials, the company may need to enter settlement negotiations to settle multiple claims in a global or aggregate settlement. The settlement would end all litigation in the MDL and create a pool of funds to distribute to the MDL’s plaintiffs. The plaintiffs’ attorneys must disperse the funds to the appropriate parties.

What factors play into the CPAP machine MDL?

Global settlements take the place of individual settlements, which resolve all claims against a single defendant at one time. To understand how a CPAP settlement might appear in your case, you need to understand how global settlements work in major tort cases. The factors that go into every case include:

• Evidence proving the company’s liability
• The amount of time a plaintiff was exposed to the recalled device, which caused their illness
• The plaintiff’s illness and health issues as a result of the recalled device
• Various factors, including the plaintiff’s age, employment, and overall physical condition

Any prospective global settlement would have to balance these factors. The global settlement should also address the plaintiffs’ losses caused by the defendant’s actions and products. This may result in a fairer distribution of the settlement funds in mass tort cases involving multiple defendants.

How would the CPAP lawsuits be affected by a global settlement?

In global settlements, individual awards are compared to global settlement figures. A matrix-based settlement consists of categorized items that are then scored using a point system. Ideally, the matrix should be specific to the lawsuit and thorough enough to consider all potential factors.

A medical device global settlement considers the age of the plaintiff at the time they used the device, the length of time they used it, and their overall health. The plaintiffs are given points based on those factors.

Those who acquired the device when they were younger score higher because they are more likely to recover faster than those who are older. An adult of working age who is unable to work would score higher than a retired senior citizen. Because of this, each plaintiff’s damages are individually defined.

It is important to remember that if you decide to bring your claim independently, it remains independent of the MDL’s settlement fund distribution. Depending on your case, your lawyer may recommend joining the MDL or keeping your claim independent to ensure you receive the proper amount of compensation for your illness.

How Much Will CPAP Lawsuits Be Worth?

The value of a Philips CPAP lawsuit is unique because of the range of health issues that can be affected by it, from cancer to organ damage to respiratory problems. Other factors depend on each case’s unique circumstances, such as the duration of the illness and the amount of time for exposure to the recalled Philips’ medical device.

To help you better understand how much your CPAP lawsuit is worth, similar mass tort cases that involve medical devices and complications have settled for the following amounts:

Transvaginal mesh lawsuits

There have been over 108,000 lawsuits about transvaginal mesh. These meshes have caused pain, bleeding, infection, organ perforation, and autoimmune disorders. Women who sued corporations for transvaginal mesh in state and federal courts have won at least 20 verdicts totaling $300 million since 2012. In one of the largest transvaginal mesh settlements to date, $830 million was paid out for 20,000 cases.

Hip replacement lawsuits

The popularity of metal-on-metal implants peaked during the 2000s, but they soon fell out of favor as complications began to surface. Over 29,000 lawsuits against hip manufacturers have been filed, with thousands of hip cases settling for over $7.5 billion. From 2013 to 2015, Depuy Orthopaedics settled 9,800 cases for $4.42 billion.

Monsanto Roundup lawsuits

A 2015 study by the International Agency for Research on Cancer (IARC) revealed a connection between Roundup and cancer, suggesting that the chemical, glyphosate might cause cancer. Since then, more than 100,000 claims have been filed against Monsanto, the product’s manufacturer. A few cases have settled for millions of dollars, including one in which the plaintiff received $80 million after a jury determined his Non-Hodgkin lymphoma diagnosis was related to his Roundup usage.

How Does a Philips CPAP Lawsuit Address Damages?

A product liability lawsuit seeks to compensate you financially before your illness. You can discuss with your attorney what damages you can claim against Philips.

They can go over your medical records, bills, and proof of loss of wages to calculate your economic damages. The severity of your illness from the recalled CPAP machine and the resulting physical and emotional circumstances are also in consideration for calculating your settlement.

Economic damages

You can expect to receive compensation for any financial losses because of your illness.

• Medical costs: The settlement includes all medical expenses related to your CPAP illness. Your expenses may include receipts for diagnostic testing, surgeon fees, operations, hospital bills, and drugs. If you need future medical treatments for your illness, these are considered for your settlement.
• Loss of wages: The court determines your losses during recovery by considering what you were paid before your diagnosis. Work loss is the money an injured person loses because they would have worked if not injured.
• Loss of earning potential: When determining your settlement, your lost earning capacity is also considered if you cannot work because of your illness. Reviewing your past wages and documentation of your employment history can help your lawyer make a reasonable estimate of your future earnings if you weren’t ill.
• Mileage to and from medical appointments: You may receive compensation from the court if you constantly travel to hospitals and doctors’ appointments due to your illness. Your lawyer can estimate the total cost of compensation if you keep track and document your travel mileage to and from your healthcare providers.

Non-economic damages

Depending on the seriousness and duration of your illness, you may also get compensation for non-economic losses. Michigan caps non-economic damages at $250,000 for product liability cases. If you have lost a limb, suffered brain or spine injuries, or lost the ability to procreate, then your non-economic damages cannot exceed $500,000.

• Pain and suffering: Your CPAP illness can result in physical pain, discomfort, and mental suffering. Keeping a journal of your symptoms and diagnosis of your CPAP illness and how they have affected your daily life can be helpful to your lawsuit.
• Mental anguish: Not only do you experience pain and discomfort from your illness, but also anxiety and depression. If you have any of these psychological, emotional, and physical symptoms, they fall under mental anguish.
• Loss of consortium: If you have been diagnosed with cancer or another serious illness, you often cannot fulfill your conjugal responsibilities to your spouse or significant other. Providing child care and enough time for your children’s education might be difficult in your condition.
• Disfigurement: Chemotherapy can cause hair loss and dry, flaky skin. If you have cancer and receive medical treatment resulting in physical scarring, you may be able to receive compensation for disfigurement.

Wrongful death

If you lost a loved one as a result of a Philips CPAP illness, you might be entitled to compensation for unpaid medical costs, the loved one’s pain and suffering before death, and funeral and burial expenses. A wrongful death may also entitle you to compensation if you lose financial assistance and companionship due to the loss of a loved one.

See if You Qualify for Philips CPAP Lawsuits

If you’ve suffered any serious health issues as a result of using a recalled Phillips CPAP machine, contact one of our CPAP lawyers today at Cochran, Kroll, & Associates, P.C. We can analyze your claim in your free consultation and advise you on your next steps and if you should file a lawsuit.

Nurse attorney and senior partner Eileen Kroll provides extra leverage in negotiations on your claim through her extensive medical knowledge. She has a comprehensive understanding of how product defects cause illness and can use your medical records to hold the manufacturer accountable. Eileen specializes in medical malpractice and mass tort cases, ensuring she’s up to the task of proving your claim and helping you get justice for your case.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post How Much Will CPAP Machine Lawsuits Be Worth? appeared first on Cochran, Kroll & Associates, PC.

Sleep apnea is a widespread health problem, and many sufferers use CPAP (Continuous Positive Airway Pressure) devices to manage the condition. Philips recalled millions of CPAP, BiPAP, and ventilators in June 2021 for possible health hazards, including cancer.

You may be eligible to file a lawsuit if you used one of the recalled Philips medical devices and are experiencing side effects or severe illness. Working with one of the Philips CPAP machine recall attorneys at Cochran, Kroll & Associates, P.C. can help you seek damages for your personal injuries resulting from the use of a recalled Philips device.

What Caused Philips to Recall its CPAP Machines?

CPAP therapy is the most common treatment for sleep apnea and involves wearing a mask over the nose and mouth while sleeping. CPAP machines help keep the airway fully open during sleep to prevent airway compression or collapse caused by sleep apnea.

Philips has developed and sold CPAP and Bilevel Positive Airway Pressure (BiPAP) machines under their Respironics brand to treat sleep apnea and other conditions. A major range of sleep apnea devices was DreamStation, including DreamStation and DreamStation Go.

To make Philips sleep apnea machines as quiet as possible while sleeping, the company developed a special polyurethane foam called PE-PUR for sound reduction.

According to the company, PE-PUR sound abatement foam can break down into microscopic particles. High temperatures and humidity where the devices are stored can exacerbate foam degradation.

The Philips CPAP recall has been classified as Class 1 by the Food and Drug Administration (FDA) because the devices likely cause serious injuries or death.

Philips recalled the following CPAP machines and ventilators manufactured between 2009 and April 26, 2021:

CPAP and BiPAP Devices

• C-Series ASV
• C-Series S/T and AVAPS
• Dorma 400
• Dorma 500
• E30
• DreamStation
• DreamStation ASV
• DreamStation Go
• DreamStation ST, AVAPS
• OmniLab Advanced+
• REMstar SE Auto
• SystemOne ASV4
• SystemOne (Q-Series)

Mechanical Ventilators

• A-Series BiPAP A40
• A-Series BiPAP A30
• A-Series BiPAP V30 Auto
• A-Series BiPAP Hybrid A30 (not marketed in the US)
• Garbin Plus, Aeris, LifeVent
• Trilogy 100
• Trilogy 200

FDA Inspection Report: How Serious is the CPAP Recall?

Philips reports that the health complaint rate was below 0.03% in 2020. The company has also tried to deflect the blame for the sound abatement foam deteriorating over time to patients’ misuse of ozone-based compounds.

SoClean Inc., a manufacturer of ozone-based cleaning solutions, filed a lawsuit against Philips in October 2021 for $200 million. They claim that Philips pointed out the ozone cleaners at SoClean to distract attention from its own poor choice of materials and design problems.

The FDA inspected Philips’ production facility in November 2021. A team of FDA inspectors analyzed internal documents, emails, and product testing reports to determine why Philips recalled the CPAP devices and ventilators.

They also needed to determine whether the company complied with federal regulations. The FDA found numerous flaws in the manufacturing process and previous failures to detect foam degradation before Philips’ recall notice in June 2021.

Inadequate risk analysis

The FDA found Philips did not perform a suitable or timely risk analysis of various CPAP, BiPAP, and ventilator devices upon becoming aware of potential degradation and emission concerns.

The DreamStation 1 produced large quantities of formaldehyde, one of the most deadly carcinogens. The substance can cause lung damage, myeloid leukemia, and malignant diseases of the paranasal sinuses, nasal cavity, and nasopharynx.

Correction and prevention procedures were insufficient

Although there were at least 222,000 complaints about foam degradation between 2008 and 2017, Philips did not conduct an official investigation, perform a risk analysis, or take any corrective or preventative actions.

There are no effective procedures for design changes

Philips failed to ensure the Trilogy 100 and 200 devices met user expectations and performed as expected. For the Trilogy 100 and 200 machines, there was a lack of a bacterial filter to filter out particles that could cause injury to the user’s lungs.

Before market introduction, breathing machines and ventilators did not undergo sufficient review.

Lack of reports to the FDA

The degradation of polyurethane foam has led to numerous complaints and at least one Trilogy unit failure. The foam was later found to be mutagenic, cytotoxic, carcinogenic, and non-biocompatible. However, none of these complaints were reported to the FDA.

The executive management did not guarantee quality at all levels

CPAPs, BiPAPs, and Trilogy ventilators were experiencing foam degradation before January 31, 2020, but no action was taken until April 20, 2021. The FDA also observed a lack of quality assurance procedures in place. Action should’ve been taken to ensure compliance with specified requirements and QA of the foam suppliers dating back to 2016.

According to the FDA report, Philips failed to tell the FDA about the potential dangers of using their devices, which they believe Phillips was aware of before the recall. Additionally, they did not disclose the risks to the public and did not admit their products had design flaws.

Since the recall didn’t occur until 2021, there is plenty of evidence the company failed to act on knowledge of potential hazards for years. Philips’ failure to warn, along with defects in the machines and its actions or inactions constituting fraud, is a major cause of CPAP lawsuits.

What Chemicals are in the Sound Abatement Foam in CPAP Machines?

Philips reports their CPAP machines, BiPAP machines, and mechanical ventilators can cause severe injuries, impairment requiring medical intervention, or death. Their recalled sleep apnea devices may cause these symptoms of particle and chemical exposure:

• Acute upper respiratory irritation
• Skin, eye, throat, and respiratory tract irritation
• Headaches
• Inflammation of the lungs or asthma such as pulmonary fibrosis
• Sinus infection
• Toxic effects on internal organs, including the kidneys and liver
• Vomiting and nausea

Philips disclosed a laboratory report on the deteriorating foam used in CPAP devices. According to the analysis, the foam showed several hazardous compounds.

• Diamine toluene was present in the deteriorating sound abatement foam. This chemical’s potential side effects include skin reactions, cancer, and infertility.
• Philips’ lab team found diethylene glycol during the analysis. If taken orally, it is harmful to the skin, mucous membranes, and eyes.
• The analysis also revealed the foam contained toluene diisocyanate. Toluene diisocyanate can cause skin irritation, eye damage, lung damage, and different types of cancer.

The analysis also uncovered two gases: Dimethyl diazene and phenol 2,6-bis, commonly known as carbolic acid. Although Philips claims these gases are hardly detectable, patients could’ve been exposed to levels of hazardous gases beyond what is considered safe.

According to Phillips, they received complaints about black debris and particles in the outlet of the humidifier, tubing, and mask. To date, no patient deaths have been documented. However, a number of health studies and CPAP/BiPAP lawsuits have linked the recalled Philips Respironics devices to several types of cancer, including brain cancer, lung cancer, and non-Hodgkin’s lymphoma.

What to Do if Your CPAP Machine is Making You Sick

If you have any symptoms and your device is on the recall list, visit your doctor. When filing a claim against Philips, you need medical documentation proving your condition and illness are related to the defective ventilators.

This includes proof of CPAP or BiPAP use and other documents. You should replace BiPAP and CPAP devices after five years of use.

Your doctor can tell you to stop device usage and pursue other long-term treatments, such as positional therapy or weight loss, to help manage your sleep apnea. Your doctor may also advise you to continue using a recalled Philips medical device for a short period. This is only the case if the benefits outweigh any defective sound abatement foam risks.

The company’s Medical Device Recall Notification website has more information on the recall and instructions for customers.

Should I Use Inline Bacterial Filters?

Some patients whose doctors advise them to keep using their CPAP machine might need an inline bacterial filter. The filter prevents sound abatement foam particles from entering their lungs. The FDA provides more information about using inline bacterial filters.

The FDA warns of a few drawbacks to inline bacterial filters. If the toxic sound abatement foam deteriorates, these filters might not remove every dangerous chemical released. You may have trouble breathing if you have filters on your ventilator because they can block airflow.

To prevent inhalation and ingestion of other particles, you and your doctor should monitor your devices.

What Should I Expect from a CPAP Lawsuit Against Philips?

Many people have filed product liability lawsuits against Phillips because the company failed to inform patients about the potential dangers of using its devices. 137 CPAP lawsuits are pending in the MDL as of December 15, 2021.

A multidistrict litigation (MDL) in federal court has been initiated against Philips arising from multiple claims. The United States District Court for the Western District of Pennsylvania is handling the Philips CPAP MDL. The lawsuit is titled In Re: Philips Recalled CPAP, BI-LEVEL PAP, and Mechanical Ventilator Products Liability Litigation.

However, unlike class-action lawsuits, MDLs keep each plaintiff’s case independent to make the settlement process more efficient. This is an ongoing MDL, so you should consult a product liability attorney at our firm as soon as possible to see if you have a claim after using a recalled device and showing symptoms.

Could I File a Philips CPAP Lawsuit?

A product liability claim can be used in personal injury law to hold manufacturers of consumer products and medical devices liable. These parties are responsible for injuries caused by an unreasonable danger in the product or failing to warn consumers of the danger.

If you want to start a product liability case against Philips for using one of their devices, you need to prove the following:

Usage of one of the recalled devices for at least six months

Take a look at the make and model of your device and compare it to the FDA list of recalled Philips devices. Your doctor should also have the same information for your device.

Medical records indicating you have been injured or became seriously ill as a result of the foam used in the recalled device

The potential health risks from the FDA indicate the side effects and serious health conditions that can result from these devices. If you believe your symptoms resulted from one of the chemicals in the device, your doctor can evaluate your symptoms.

The attorneys at Cochran, Kroll & Associates P.C. can help you obtain the documentation to prove your case if you have become injured or ill after using a device for more than six months. We can start your product liability claim in Michigan, which has a three-year statute of limitations.

Philips CPAP Lawsuit Settlement Information

You may be entitled to a Philips CPAP machine settlement if you have been exposed to toxic sound abatement foam particles. The settlement can include any costs or damages related to losing your Philips product or replacing it with a new CPAP or Bi-PAP.

What kind of money can I get from the settlement?

You may suffer economic and non-economic losses due to an injury or illness caused by the recalled device. The economic damages include:

• Expenses from past medical care you had to obtain for an injury or illness caused by the PE-PUR foam
• The reasonably expected cost of future medical treatment for your illness
• Loss of income due to inability to work
• Financial losses you may incur if you are unable to work and earn the same income as before your injury or illness

A CPAP lawsuit typically includes the following non-economic damages:

• Pain and suffering as a result of your illness
• Loss of convenience
• Loss of society and companionship
• Loss of enjoyment of life due to your inability to engage in hobbies or activities

Unless the product defect caused the person’s death or permanent loss of an essential bodily function, the amount of non-economic loss damages in a product liability suit cannot exceed $280,000.

How long can these types of cases last?

Complex MDLs usually entail multiple stages because they take place in federal court. The MDL judge goes over pretrial motions, discovery, and settlement conferences. The court lets each side recommend a few plaintiffs to be tried as bellwether trials.

A bellwether trial reviews what an injured party might expect to receive in their lawsuit. Bellwether trials act as a test case by providing a sampling of the individuals involved in the MDL.

These trials can influence how both sides see the outcomes of the cases in the MDL, with one or both sides negotiating for a settlement. The success or failure of the bellwether trials can influence the settlement amount for all the injured parties.

How Can a Lawyer Help With My CPAP Lawsuit?

The right attorney is essential if you are experiencing health problems after using a Philips medical device on the recall list. To file a successful CPAP lawsuit, you must demonstrate that your diagnosed condition was caused by one of the recalled devices.

You must also prove the resulting economic and non-economic losses are directly caused by using the device.

As a former registered nurse, Eileen Kroll, one of our law firm’s senior partners, takes a comprehensive approach to assessing medical device product liability cases. Her clinical expertise is valuable in cases that involve defective devices as the basis for a mass tort lawsuit.

The combination of Eileen’s legal experience and medical knowledge improves your chances of receiving fair compensation. Her experience working as an ICU nurse allows her to interpret your medical records to build your claim.

Eileen is the lead attorney handling our firm’s medical malpractice and mass tort cases. She understands the nuances of class-action litigation and fights tirelessly for victims’ rights.

Get Legal Help With Your CPAP Lawsuit

If you develop symptoms due to using a recalled Philips BiPAP or CPAP device, contact the attorneys at Cochran, Kroll, & Associates, P.C. We can help you build a case using your medical records, documenting your symptoms, and tracking the use of recalled Philips devices.

Contact us today for a free consultation of your case and begin the process of filing a lawsuit against Philipps for your CPAP injuries or illness.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post What Should I Expect from a CPAP Lawsuit Against Philips? appeared first on Cochran, Kroll & Associates, PC.

A workers’ compensation lawyer can provide more information about receiving workers’ compensation benefits after a drug test.

Drug Testing After a Workplace Accident

Michigan is one of the few states that does not have laws governing drug screening in private employment. Therefore, employers may request drug testing after a workplace accident under their own drug-free workplace policies.

Drug testing should not violate other federal laws prohibiting discrimination based on disability, race, religion, age, or gender. Under Michigan’s libel and slander laws, the employer may also be liable for defamation for publishing or discussing a false drug test result.

The Occupational Health and Safety Administration (OSHA) prohibits drug testing as retaliation against workers who report workplace injuries. A workers’ comp drug test should be limited to situations where there is a possibility that drugs may have contributed to the workplace accident.

You can test for drugs with hair, urine, blood, breath, and/or sweat samples. These drugs are also listed as controlled substances under Michigan law. If you test positive for any of these controlled substances, you are disqualified from receiving workers’ compensation benefits:

• Amphetamines (such as meth and speed)
• Cocaine
• Ecstasy
• Marijuana
• Opioids (such as heroin and morphine)

What a Positive Drug Test Means for Workers’ Comp Eligibility

Even if you failed a drug test and tested positive, the results don’t automatically mean you won’t receive workers’ compensation benefits. There must be sufficient evidence from the employer that the employee was intoxicated at the time of the accident. If the employer cannot prove that a worker’s willful violation of the company’s drug policy caused the injury, the employer and its insurance company must provide workers’ comp benefits to the injured worker.

However, the employer does not need to provide workers’ compensation benefits, including coverage for medical treatment, if an employee violated the employer’s drug policy that led to their injury. Michigan law provides that if an employee suffers a work injury due to willful misconduct, he is ineligible for compensation. Specifically, Michigan limits willful misconduct to deliberate and substantial disregard for the employer’s interests or duties.

Michigan allows the use of medicinal marijuana, so you may have legal protection if you test positive for marijuana use. You must prove that you not only lawfully consumed marijuana but that you used it to treat a medical condition at the time of the accident. A Michigan workers’ compensation attorney can help you if you failed a workers’ comp drug test and were denied benefits while using medicinal marijuana to treat a medical condition.

Reach Out to a Workers’ Comp Lawyer for a Free Consultation

Even though workers’ compensation is a no-fault system, it can still pose some complications. This is especially true if you test positive for drugs in your system following a workplace accident.

To negotiate with your employer or an insurance company for your workers’ comp benefits, you will need the help of a workers’ compensation attorney experienced in helping those injured on the job.

At Cochran, Kroll, & Associates P.C., our attorneys have extensive experience representing injured workers and assisting them with their workers’ compensation claims.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post Can I Apply for Work Comp Benefits After Failing a Post-Accident Drug Test? appeared first on Cochran, Kroll & Associates, PC.

Learn what you can expect with a birth injury lawsuit and how a compassionate birth injury attorney from Cochran, Kroll & Associates P.C. can help you navigate your case.

When to Consider a Birth Injury Lawsuit

If you suspect that your child’s birth injury was caused by another’s negligence before, during, or after labor and delivery, you may consider filing a birth injury lawsuit.

Birth injury lawsuits are a type of medical malpractice case. Birth injury suits seek to hold doctors, nurses, hospital staff, and other medical professionals responsible when they fail to uphold a high standard of care for pregnant women and their babies.

Whether your child’s injuries were caused by negligence or intentional misconduct, it is crucial to stand up for your rights by consulting with a birth injury lawyer. A birth injury lawyer can assess the circumstances of your birth injury case to determine if evidence of medical malpractice exists.

Common types of birth injuries and resulting conditions include:

• Cerebral palsy
• ERBS palsy
• Dystocia
• Brachial palsy
• Bruising or fracturing on baby’s face or head
• Caput succedaneum (soft tissue swelling)
• Facial paralysis or nerve injury
• Brain injury
• Death

Even if you are unsure if your baby received their injuries from lack of medical care, it is beneficial to speak with a birth injury lawyer at Cochran, Kroll, & Associates P.C.

Types of Medical Negligence Related to Birth Injuries

Negligent actions that a doctor, nurse, or other members of hospital staff that result in birth injuries include:

• Failure to communicate to the mother about fetal concerns
• Failure to monitor the mother or child’s vital signs
• Failure to act promptly to prevent oxygen loss or infection
• Use of forceps or vacuum that can cause swelling, fracturing, and hemorrhaging
• Failure to provide adequate medical care pre or post-delivery
• Failure to use reasonable care in delivery timing
• Intentional misconduct

How to Prove Medical Malpractice

To prove the negligence of a medical professional or organization in Michigan, you must prove three elements.

• An injury was suffered
• The medical provider did not adhere to the expected standard of care
• The healthcare provider’s negligence caused the injury

In some cases, you must prove the likelihood of your child’s birth injuries occurring were 50% or less, if not for the practitioner’s negligence. If the probability of the birth injury occurring was more than 50% because of circumstances beyond the practitioner’s control, you may not have grounds for a lawsuit.

Filing a Birth Injury Lawsuit: What to Expect

As you move forward with filing a birth injury lawsuit, there are several steps your lawyer can help you navigate. These include an initial consultation, signing a contingency fee agreement, filing the lawsuit, and negotiating a fair settlement.

Confidential consultation

Your first actionable step in seeking compensation for your child’s birth injury is to set up a consultation with a birth injury lawyer. Cochran, Kroll, & Associates P.C. offers free, confidential consultations to anyone who believes their child was injured due to negligence during pregnancy or delivery.

During your consultation, an attorney from our team speaks with you about your case. They review medical records related to your neonatal care and baby’s birth and, when necessary, enlist a review by third-party medical experts to determine fault.

Contingency fee agreement

To officially hire your legal counsel, you sign a contingency fee agreement with your consulting lawyer. This agreement states that you don’t owe any legal fees unless you win your case. Contingency arrangements allow you to pursue compensation even if you cannot afford legal counsel upfront due to the high medical expenses needed to care for your child.

Filing a birth injury lawsuit

To initiate your case, your attorney formally files the case with the court. At this time, your attorney may ask for a settlement amount from the responsible parties.

In many cases, the defendants in your case reject this initial offer and claim they are not responsible for your child’s injuries. If this occurs, your lawyer builds your case by gathering additional evidence such as witness statements, expert testimony, photos, and medical bills. They may also gather proof of pain and suffering and emotional distress that you and your child have suffered and may continue to suffer.

Negotiating a fair settlement

As your case progresses, your lawyer either settles out-of-court for a fair amount or pursue full damages in a court of law.

If you and your attorney can come to an agreement with the defendant’s legal team and insurance company, you will receive a settlement check a few weeks after signing the final settlement agreement. Your legal team takes the percentage agreed upon in the contingency arrangement, and you keep the remainder to pay for expenses related to your child’s birth injury.

If your birth injury case goes to court, you may have to attend the trial and provide testimony, depending on your lawyer’s legal strategy. In a trial case, your attorney pursues economic and non-economic damages from the defendant.

In Michigan, the legal landscape surrounding caps on different types of damages and medical malpractice laws is complex and ever-evolving. It is vital that you work with a skilled attorney who understands the law and can pursue the maximum amount possible.

What Amount of Compensation Can You Expect?

As of 2021, Michigan state law placed a $280,000 cap on non-economic damages. Non-economic damages include pain and suffering, emotional distress, physical impairment, physical disfigurement, loss of consortium, and loss of quality of life.

If your baby’s injuries are severe, you may be able to receive up to $500,000 in non-economic damages. Severe injuries include:

• Birth injuries that permanently impaired cognitive capacity
• Injuries incurred by spinal cord or brain damage that cause functional loss of one or more limbs
• Prevention of procreation due to permanent loss or damage to a reproductive organ

There is currently no cap on the number of economic damages you can receive for a birth injury lawsuit in Michigan. Economic damages include hospital bills, medical care expenses, loss of employment, loss of future employment, and child care costs. If found responsible for your child’s birth injury in Michigan, the defendant may be ordered to pay you the total calculable expenses related to the injury.

Some of the birth injury settlements we have achieved for our clients include:

• $15.8 million to a young couple in Monroe, Michigan, whose son, Jason, was inflicted with cerebral palsy due to an error in the final stages of labor
• $3.8 million for a child in Southern Michigan who developed cerebral palsy and developmental delays due to lack of oxygen and brain injuries during labor
• $2.2 million ($1.3 million to a family in Brighton and $900,000 to a Detroit family) for Michigan families whose children sustained birth injuries due to medical malpractice

Working With a Birth Injury Attorney

A birth injury lawyer can help you fight for the compensation you deserve for your emotional suffering and your child’s physical injuries.

When searching for legal representation, choose Cochran, Kroll, & Associates P.C. Our team is highly skilled in legal proceedings around medical malpractice and birth injury cases.

Eileen Kroll, one of our senior partners, is a registered nurse and attorney with extensive experience in the medical industry. She earned her Juris Doctor in 1990 and immediately began specializing in medical malpractice claims, working tirelessly to maximize the outcome of each case she handles.

Schedule a Free Consultation

If you suspect that your child was injured due to medical negligence at birth, contact an experienced birth injury lawyer at Cochran, Kroll, & Associates P.C. We are passionate about helping victims of medical malpractice receive the compensation they deserve for the injuries their child has suffered.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post What Can I Expect With a Birth Injury Lawsuit? appeared first on Cochran, Kroll & Associates, PC.

After you or someone you love has been injured on a construction site, it is important to know what you should do. Below are the steps you should take to get compensation for your injuries.

Seek Medical Attention

Call 911 or have a coworker call 911 on your behalf if you have been injured. No matter how insignificant you think your injuries are, you should have them evaluated by a doctor. Often, injuries to the head, neck, and spine don’t become apparent right away. The medical treatment of your injuries as soon as possible is crucial to your recovery.

After receiving medical care, you may need to continue receiving treatments to fully recover from your injuries. Having a doctor’s record of your injuries, ongoing medical care, and medical bills helps prove that you may need more compensation for your injuries if your case goes to court.

Take Pictures and Videos at the Scene of the Accident

An important part of the steps to take after your accident is to collect as much photographic evidence as possible. A photographic record of the accident on the day it happened provides the best account of its circumstances for your lawyer.

Make sure you take multiple pictures and videos of the accident from various angles or have a colleague do this for you. Take pictures of the area where you slipped and fell or of the object that caused you to fall.

It’s important to take photos of your injuries soon after the accident and also as you recover. Some photos should include your face and entire body to prove the pictures are you and not another injured party. Multiple images of your injuries from different angles can accurately document how severe your injuries were after the accident and during recovery.

Collect Contact Information from Other Workers

If your coworkers witnessed the accident, you or another coworker should collect their names, addresses, and phone numbers. This enables your attorney to contact eyewitnesses and determine the strength of your case.

Witnesses’ statements are best taken as soon as possible following the accident. They can provide you and your personal injury lawyer with a quick overview of the accident, including if any heavy machinery or dangerous conditions led to your injuries.

Report the Accident to Your Employer

Once you address your injuries and gather evidence, notifying your employer as quickly as possible of an accident is crucial. According to Michigan law, you need to report the accident to your employer within 90 days of your injury.

Michigan requires all employers to have workers’ compensation under the Workers’ Disability Compensation Act. The Bureau of Workers’ Disability Compensation must receive an Employer’s Basic Report of Injury from your employer if you’re unable to work for more than a week. Your employer can then either begin paying you or reject your claim. If your employer does not file your workers’ compensation claim on your behalf, you can do so yourself by completing an Employee’s Report of Claim.

File a Workers’ Compensation Claim

You have two years to file a workers’ compensation claim from the date of your injury. Michigan’s workers’ compensation for an injured worker includes the following benefits:

• Coverage of up to 80% of your weekly lost wages after taxes
• Costs of medical treatment
• Vocational rehabilitation that includes changing your position or working with you and the employer to return to work in the same or similar capacity

If the insurance company or your employer denies your claim, you can appeal your denial by filing an Application for Mediation or Hearing with the Agency. A magistrate can hear your case if you cannot resolve the dispute during mediation. You can talk to an experienced construction site accident lawyer who can advise you of your legal options if your case goes to court.

Hire a Trusted Michigan Construction Site Accident Attorney

An experienced construction accident lawyer at Cochran, Kroll & Associates, P.C. can help you understand the complex liabilities of construction site accidents and the rules of workers’ compensation in Michigan.

As you recover from your accident, a compassionate and knowledgeable attorney at our law firm can answer your questions and concerns about your injuries during a free, no-obligation case evaluation and help you determine your next steps.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post Important Steps to Take After a Construction Site Accident appeared first on Cochran, Kroll & Associates, PC.

Video camera footage can be a vital tool for proving the driver’s fault and receiving a fair settlement.

The Importance of Traffic Camera Footage for Your Car Accident

A traffic camera video showing the collision in real time is as helpful as police traffic crash reports, photos of the accident, and medical bills for your claim. The other vehicle may have been speeding, running red lights, or texting at the time of the collision.

A video recording is also valuable for documenting what happened after the crash, such as a driver’s apology, admission of fault, and if there were signs of hostility from them. It can also show signs of impairment from drugs or alcohol in the other driver.

The insurance company will assess what the recording depicts. The time-stamped recording may be enough proof for the insurance company to settle your claim without a court hearing.

If your case goes to trial, you need to maintain that the video represents the events accurately before the judge allows a jury to hear it. The judge may see it before the jury can see it. If the court allows the jury to view the tape, it might influence the jury’s decision on damages and liability.

How You Can Get Traffic Camera Footage of Your Car Accident

Michigan has over 699 live traffic cameras on state roads and freeways that are accessible to the public. However, they only record for training purposes and monitoring traffic.

The use of automated enforcement cameras, including red light cameras, is also disallowed in Michigan. Railroad crossings, however, may use traffic monitoring devices, but only for non-enforcement purposes.

While you can request traffic camera footage from law enforcement, it might not capture the seconds before the accident that establish the other driver’s negligence. There is a possibility of a technical issue with the footage or that the camera didn’t capture the accident from the right angle.

Other cameras around the area could also have caught your automobile collision, such as surveillance cameras installed by nearby local businesses or dashcam footage taken by other drivers. Since obtaining footage from the scene of an accident can take considerable time, contact a personal injury lawyer as soon as possible to help you access the recordings you need.

Request Police Video Footage

After a police officer visits the accident scene and takes the accident report, you can request their video footage from their body camera. Michigan state police may grant video camera footage under the Freedom of Information Act (FOIA) upon written request. The request must include the following information:

• Your full name, mailing address, and phone number
• A thorough description of the record you require

Make sure your request contains as much information as possible so the department can locate the footage. Add the approximate time, date, and location of your car accident in your request. Put the police officer’s name and badge number from the police report if you have it. You should indicate that the FOIA applies to your request.

They must inform you in writing whether your request is granted, denied, partially granted, or denied in part within five business days of receiving it. Alternatively, they may inform you if they need ten extra working days to complete your request.

If the public body does not respond, your request has been denied where its refusal to respond was purposeful and willful. Therefore, it is crucial to double-check your request with your car accident lawyer before sending it.

Ask Private Businesses for Their Video Footage

Most retailers, restaurants, and other local businesses have surveillance cameras at their entrances to prevent shoplifting. Some of these cameras face nearby streets and highways. Other sources of surveillance footage include ATMs, which may film a nearby accident when aimed at the customer.

The cameras may provide you with real-time footage of your car accident, which can support your claim. A local business may capture your car accident on a private security camera if it occurs in a commercial district or at an intersection.

Many businesses save the recordings, but others remove or overwrite them within a few days of the accident. However, they don’t have a legal obligation to share a copy of the video with auto accident victims. If you hire an experienced attorney, they can assist you with locating surveillance cameras and retrieving footage from the owners.

See if Other Drivers Have Dash Cam Footage

Even though most people know that police cruisers come with dash cams, personal dash cams have gained popularity in recent years. The footage from a dashcam may record the brand, model, color, and license plate of the car that sideswiped you in a hit-and-run accident. If other drivers witness your collision, ask them if they have dash cams in their vehicles.

As long as a car is in gear, a standard dashcam will record everything that occurs in front of you. The more sophisticated dash cams capture internal audio and video and include a rear-facing camera. Some even stream live on the internet.

With a polite request to the driver, you might get a recording of your car accident. However, you may need the help of an attorney to do so. If they cannot provide you with their dashcam footage right away, ask them to save it and request their contact information so you and your personal injury attorney can request it.

Get Help Obtaining Traffic Camera Footage With a Car Accident Lawyer

If another driver caused your car crash and you have video footage, you may have grounds for a compensation claim. The car accident lawyers at Cochran, Kroll, & Associates, P.C. can help you if you have questions about obtaining a copy of the video or other publicly available evidence for your accident.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post How to Get Traffic Cam Footage of a Michigan Car Accident appeared first on Cochran, Kroll & Associates, PC.

It’s critical to act fast when you become aware of a complication with your hernia mesh device. Avoid making these five mistakes to better your chances of filing a successful claim for compensation against the negligent party.

Not Knowing the Manufacturer of Your Hernia Mesh Device

You need to know who manufactured your hernia mesh product to file a claim. Contact the hospital where you had your surgical procedure. You can obtain your surgery and discharge records from the hospital’s medical records department.

A personal injury lawyer can also obtain the documents on your behalf. Your attorney can determine the mesh implant’s product code, name, and manufacturer using your medical records. They can advise you on whether the FDA has recalled your hernia surgery mesh patch or if the manufacturer has voluntarily recalled it.

A lawyer can also investigate any recalls or legal cases involving the manufacturer of the device.

Hernia mesh implants come in many types, and each hernia mesh manufacturer may offer more than one hernia mesh product. Some of them are the subjects of hernia mesh multidistrict class-action lawsuits such as Ethicon/Johnson & Johnson, C.R. Bard, and Atrium Medical Corp.

• The Atrium Medical Corp. voluntarily recalled its C-QUR TacShield, C-QUR Edge Mesh, C-QUR V-Patch Mesh, and C-QUR Mesh products in 2013. With high humidity, these products could experience packaging issues that would complicate sterility and cause more complications for patients.
• In 2016, Ethicon recalled its Physiomesh Flexible Composite Mesh from all markets. This is because the results of a Polish clinical trial showed a high recurrence rate among participants.
• The Proceed hernia mesh device from Ethicon had packaging integrity issues in 2014, which could compromise the product’s sterility and cause complications in patients. In 2020, Proceed was recalled after a customer found a hair strand inside the packaging.
• Covidien/Medtronic withdrew their Parietex Composite Parastomal Mesh in 2018. After parastomal hernia repair using the Sugarbaker technique, the manufacturer found mesh failure several years later, leading to hernia recurrence, bulging, and pain.

A product liability and negligence lawsuit can be filed against your hernia mesh device manufacturer. You can ask your lawyer whether you should bring a case on your own or join a hernia mesh class action lawsuit.

Not Keeping Records of Hernia Mesh Complications and Medical Treatments

For your case to be successful, your attorney will ask you for documentation of the complications you experienced because of your hernia mesh. List all the symptoms you experienced from your hernia mesh device. You can also ask your treating doctor for a list of symptoms.

The dates of your initial hernia mesh surgery and subsequent hernia mesh revision surgeries are all vital information for your case. Keep a record of how long you were in the hospital for your hernia repair surgeries. If you need assistance putting together your medical documentation, your lawyer can guide you through the process.

Some hernia mesh products pose a high risk of causing significant medical complications, such as adhesions, discomfort, bowel obstruction, and hernia recurrence.

Other hernia mesh complications include:

Mesh migration

Laparoscopic hernia repair involves sewing surgical mesh to the abdominal wall. The mesh may become distorted and shrink with age, and mesh erosion may cause problems. It can move from its current location to elsewhere in the body.

Not only does that increase the risk of recurrence, but the mesh can damage any tissue or organ it comes into contact with. The migration of mesh can cause organ punctures, intestinal obstructions, and bowel perforations, which can endanger their function.

Mesh-related infections

Hernia mesh is supposed to be inert and non-contaminating. However, it may cause adverse side effects such as pain, inflammation, and fever. Most infections occur when bacteria grow on the hernia mesh. A severe infection may require patients to undergo intravenous antimicrobial treatment and additional medical care.

Multiple hernia mesh removal surgeries

Doctors may have to perform additional surgeries to remove a failed hernia mesh. When the failed mesh has disintegrated into fragments, surgeons aren’t always able to remove everything from the body during the initial surgery.

Fragments from the hernia mesh can result in lifelong abdominal pain, for which you should be fairly compensated.

Working with the Wrong Hernia Mesh Attorney

It is possible to sue the mesh manufacturer, but you may also hold the surgeon who placed the abdominal wall mesh liable for medical malpractice. Medical malpractice cases involve more legal procedures, including filing affidavits and attending a pre-court screening. A class action lawsuit may take years to complete with many plaintiffs and attorneys involved. The lawsuit may also take place outside of your state.

A reputable hernia mesh lawyer has medical knowledge and awareness of medical malpractice issues. They are open to answering your questions about the legal process and can help you collect medical documentation. A skilled medical malpractice lawyer is also familiar with the statute of limitations for filing a medical malpractice claim in Michigan.

Eileen Kroll, a senior partner with Cochran, Kroll, & Associates P.C., has a unique background that combines her nursing training and legal experience. You can rely on her perspective to gain a unique insight into your case and strengthen your claim against the surgeon or manufacturer responsible for your injuries.

Taking Too Long to File a Hernia Mesh Claim

To recover fair compensation, it is essential that a hernia mesh victim doesn’t miss the statute of limitations for a hernia mesh case. Monitoring the statute of limitations is critical. An attorney specializing in mesh surgery for hernias can advise you regarding the statute that applies to your case.

Medical malpractice statute of limitations

In Michigan, medical malpractice lawsuits have a two-year statute of limitations from the day the healthcare provider caused the patient’s injury. You may also file a medical malpractice claim within six months of discovering the existence of a claim.

The maximum statute of limitations for filing a medical malpractice lawsuit is six years, regardless of when the error occurred. There is no six-year deadline for suing when the defendant misled the court or caused permanent damage to reproductive organs.

Product liability statute of limitations

The statute of limitations for product liability is three years. However, it does not apply if a court finds that the manufacturer or distributor of the product knew from the beginning that it was defective and could cause injury.

Accepting a Low Settlement Amount

A quick, out-of-court settlement with the manufacturer or the surgeon who performed your hernia mesh surgery may sound like a good way to end your claim. But, you might not get enough compensation if you settle quickly since they may not consider the severity of your injuries and the cost of future medical treatment.

In hernia mesh lawsuits, you can receive economic and non-economic damages, but it’s difficult to estimate the total value of the claim because each case is unique. A lawyer can help you determine the economic and non-economic damages in your case, including:

Medical costs

Your damages will cover medical care for hernia mesh or future surgical procedures. For instance, compensation is available for the cost of a second surgical hernia mesh implant procedure to treat an inguinal hernia if it causes complications. The damages can also cover additional surgeries required because of hernia mesh complications.

Loss of wage-earning capacity

If you can no longer earn a living because of a hernia mesh injury, you can seek compensation for these lost wages. In addition to income lost while you were injured or recovering, you can also pursue awards for future income that you cannot earn because of a defective hernia mesh device or surgical mistake.

Pain and suffering

A defective hernia mesh device can cause physical pain and emotional distress due to infection and other complications. The mental distress from your injuries and hernia mesh repair surgeries could have also caused you anguish and emotional distress, for which you deserve to be compensated.

Your Hernia Mesh Claim Requires the Right Legal Actions

Being proactive and knowledgeable about your hernia mesh case is the most important thing you can do. Research the hernia mesh device manufacturer and keep records of all your medical complications and treatments related to your condition.

For your medical care and wellbeing, don’t wait too long before filing a claim. Find a lawyer who can assist you in filing for compensation and protecting your legal rights. At Cochran, Kroll, & Associates, P.C., our attorneys have the experience and knowledge to handle your hernia mesh lawsuit.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post 5 Mistakes Hernia Mesh Victims Should Avoid appeared first on Cochran, Kroll & Associates, PC.

Working with a skilled personal injury lawyer can make a difference in getting fair compensation from the insurance company if you are injured in a truck accident. At Cochran, Kroll & Associates P.C., we understand the complexities of filing insurance claims and pursuing legal action for serious injuries that impact your quality of life.

What are the Differences Between a Truck Accident and an Auto Accident

A personal injury lawyer can help you understand the difference between a truck accident injury claim and a car accident injury claim. Here are a few examples of how they differ:

Multiple at-fault parties

Automobile accidents usually involve you and the other driver. A commercial truck accident may involve many parties, such as the truck driver and the trucking company. This makes the case more complex. An experienced truck accident lawyer can help you pursue damages from more than one responsible individual or entity.

Tight delivery deadlines for truck drivers

Federal law allows truck drivers to work for 14 consecutive hours, of which they can drive for 11 hours. The 14-hour window applies if they have been off duty for 10 or more straight hours before the shift commences. With these federal laws in place, trucking companies often risk the safety and health of their truck drivers to meet tight delivery deadlines.

A study found that 13% of commercial motor vehicle drivers were fatigued at the time of their crashes. According to the National Institute for Occupational Safety and Health (NIOSH), having unrealistic deadlines can also increase the likelihood of unsafe road behavior such as speeding and violating driving-hour regulations.

Size distinction between a truck and a car

The average weight of a motor vehicle is 4,156 pounds. According to the Federal Motor Carrier Safety Administration (FMCSA), a commercial truck can weigh upward of 10,000 pounds with a gross weight limit of 80,000 pounds.

Loaded tractor-trailers take 20-40% longer to stop than cars, and the difference is higher on wet or slick roads if their brakes are not well-maintained. Because a motor vehicle is much smaller than a commercial truck, there is a greater risk of serious personal injuries, resulting in disability or even death.

Presence of a black box in a truck

Black boxes distinguish truck accidents from conventional car accidents. According to the FMCSA, these black boxes, also known as ELDs (electronic logging devices), are mandatory for all commercial vehicles and drivers.

An ELD’s primary purpose is to track a person’s number of miles driven. It also syncs with the commercial vehicle’s engine to note the engine hours, engine power status, and vehicle motion status. The ELD includes information about the driver/authorized user, the vehicle, and the motor carrier.

According to federal law, ELDs must offer a way to digitally transfer data to law enforcement. They must also have a backup method of displaying data to law enforcement, such as a printer or screen.

How Can a Truck Accident Lawyer Help You

Personal injury lawyers can help accident victims in various ways following a truck accident. You can complete your no-fault claim for the insurance company with their help. An attorney can help you seek multiple types of damages to ensure you get the compensation you deserve.

File a claim with your insurance company

You must call your insurance company in the aftermath of a serious accident. You have one year under Michigan law to file for no-fault benefits. A representative of the insurance company will ask you to complete your no-fault insurance claim application. A lawyer can review your insurance policy to ensure you have claimed everything in compliance with the insurance company’s rules.

Deal with the insurance company and reach a settlement

Sometimes, it may be more helpful to negotiate a settlement with your insurance company. However, you give up some rights and the ability to sue later. The insurance company may also offer a lower settlement that does not cover all future medical treatments.

The best way to account for your future medical and financial needs is to work with a personal injury lawyer. For these negotiations, they can put together a solid package of evidence that can help you achieve the best possible settlement for your truck accident.

Ensure correct application of Michigan’s comparative fault law

Michigan has a comparative fault law, so the amount of compensation you could receive depends on your percentage of liability. If your percentage is greater than 50%, you may not recover any non-economic damages, such as pain and suffering. However, it is possible to recover some of the economic damages under the comparative fault law. Your lawyer can make a compelling case for you using solid evidence, ensuring you are treated fairly under the law.

Gather evidence from your truck accident

You must provide evidence of your vehicle accident when pursuing a personal injury claim. A truck accident lawyer can collect evidence specific to truck accidents, such as the ELD’s data. The following information can help your lawyer when preparing your claim:

• Pictures and videos of the crash from different angles: The photos should show all the vehicles in the truck crash. They can act as evidence of any damage to the road’s surface or tire skid marks.
• Photos of injuries sustained in the truck accident: Take pictures of your injuries if possible. If you receive medical attention, make sure you record the progression of your injuries. Ensure you have pictures of your injuries at every critical touchpoint in your recovery process.
• Contact information of all drivers in the accident: Collect everyone’s name and phone number. Find out who insures them and what their license, registration, and plate numbers are. A police report also contains information on the other driver’s contact information and insurance coverage.
• Copies of all accident-related medical bills: Make sure your lawyer has a copy of all your medical records. The insurance companies may claim that the severity of your injuries resulted from pre-existing conditions. Your complete medical history can help your lawyer prove otherwise on the insurance claim.

How Can Your Truck Accident Attorney Help You Recover Damages

Your lawyer can help you recover a range of damages resulting from your truck accident. They can help you identify which damages apply to your truck accident claim.

Property damage

You may have to incur considerable financial burdens, such as high repair costs if a truck damages your car. If your vehicle is totaled, you may not commute to work and continue your daily tasks of buying groceries and picking up your children from school.

Recoverable property damage includes repair costs, loss of usage, change in the car’s value, and outright loss. The damage you incur can consist of any personal items in your vehicle when the accident occurs, such as eyeglasses or a cellphone.

Lost wages

If you had to take time off work to recover from your injuries, you could file a claim for lost wages. In addition, your attorney can file a claim on your behalf if you lose future income. They calculate and add that amount to your claim.

Attendant care

In Michigan, many auto accident victims are unaware of their options for receiving no-fault benefits, including attendant care. No-fault benefits cover family members, household residents, and people with business or personal ties who provide attendance care for up to 56 hours a week. If they have been caring for you with your daily living tasks such as eating and showering, you can include those costs in your claim.

Pain and suffering

Healing from injuries and any complications that result may cause pain and suffering. Damages for pain and suffering include:

• The degree of psychological distress, trauma, and other mental health challenges from your truck accident.
• Lifelong disabilities and handicaps that include mobility issues and cognitive difficulties.
• Physical scarring and disfigurement from your injuries.

Wrongful death

When a truck accident kills the driver or passenger in another vehicle, a Personal Representative on behalf of the surviving family members may pursue a wrongful death claim. The following factors determine a wrongful death claim:

• The victim’s pain and suffering from the time of the accident until death.
• Loss of companionship for the surviving family members.
• Loss of income and financial support that include loss of future earnings, benefits, and inheritance.
• Total cost of medical care, hospitalization, and funeral services.

Your lawyer can help you file a wrongful death claim against the truck driver and their trucking company. Doing so can help you cover the economic costs resulting from your loved one’s death.

Our Lawyers Have the Experience You Need

At Cochran, Kroll & Associates P.C., we pride ourselves on fighting for and winning the compensation our clients deserve. Here is a small sample of our successful verdicts in truck accident cases:

• $1.3 million settlement to a family in Marlette, Michigan, for the wrongful death of their 5-year old son in a semi-truck accident
• $1.4 million settlement to a Livonia pedestrian struck by a commercial van, resulting in traumatic brain injury

Get Justice for Your Truck Accident

If you or someone you love has been injured due to a trucker’s negligence, seek the help of a skilled Michigan attorney. They can help you navigate the legal complexities that come with dealing with the truck driver, their company, and their insurance company.

Cochran, Kroll, & Associates, P.C.’s experienced truck accident attorneys can help you understand your legal rights and put together the evidence you need to pursue a claim.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post What Type of Lawyer Handles Truck Crash Accidents? appeared first on Cochran, Kroll & Associates, PC.

Your Employer Delays Your Claim

In Michigan, you have 90 days to report your workplace injury and two years to make a workers’ compensation claim. After filing your claim, the employer and their insurance company have 30 days to decide whether you can receive your benefits. Your employer should mail you a denial letter or begin paying your benefits after 30 days.

Michigan imposes a penalty of $50 per day, with a maximum of $1,500, if the employer and the insurance company fail to pay benefits within 30 days of the due date. However, the penalties do not apply if the distribution of benefits is in dispute. Working with a workers’ comp lawyer can help you find out if your benefits are being disputed and if your claim is being delayed.

The Insurance Company Denies Your Claim

Workers’ compensation insurance can deny claims for many reasons. The insurance company may claim that your job was not the cause of your injury or that the accident report conflicts with your first medical records.

Michigan’s workers’ compensation system allows you to appeal a denial of your claim with a formal dispute. It is possible to begin a formal dispute with the employer and the insurance company by filing an Application for Mediation or Hearing. A workers’ compensation magistrate will decide on the payment of additional work injury insurance benefits and how long you should receive them. If you choose to file a formal dispute following your workers’ compensation claim denial, seek legal representation.

The Insurance Company Disputes Your Disability Rating

Michigan’s workers’ compensation benefits cover wage loss due to disability. Blindness and incurable mental conditions qualify you for total and permanent disability benefits. You may also be eligible for disability benefits with the total and permanent loss of your eyes or limbs, including your feet, arms, and legs.

Your permanent disability rating determines the amount you receive for total and permanent disability benefits. In some instances, the insurer may request that you submit to an independent medical examination (IME) with a doctor of their choice if they disagree with your treating physician’s rating of your disability.

A lawyer at our law firm can help you negotiate a fair settlement or convince a judge that you deserve a higher disability rating to receive your rightful compensation.

Your Settlement Offer Doesn’t Cover All Your Medical Bills

In Michigan, the amount of a workers’ compensation settlement depends on what the insurer expects to pay as a lump sum settlement. This amount includes the costs of medical treatment, future medical bills, lost wages, and future earnings. In 2020, the average workers’ compensation settlement amount was $59,235.42.

However, the settlement offer you receive may not be enough to cover your medical expenses when you require surgery and other expensive medical treatments. A workers’ compensation lawyer can advise you on your settlement options and what a reasonable amount would be for an injured worker.

The Insurance May Not Pay the Full Amount of Benefits You Deserve

Along with medical and wage loss benefits, many Michigan workers are eligible for additional benefits, such as attendant care. Any family member, such as a spouse, sibling, child, or the combination of these members, can provide up to 56 hours of attendant care per week with daily tasks such as eating, taking prescriptions, and mobility assistance. You can also receive professional help from a nursing agency with daily tasks if you need 24-hour care.

Insurers should compensate family members at the same hourly rate as professionals for these services. You and your attorney can negotiate an hourly rate for your carer and the number of attendant care hours with the insurer.

Insurance companies typically compare similar services with other commercial health organizations’ competitive prices. If you need 24-hour care, your lawyer might negotiate a higher hourly rate and more weekly hours for you.

Your Employer Retaliates Against You for Filing a Workers’ Compensation Claim

An employee who suffers a work-related injury may fear their employer will retaliate against them when they file a workers’ compensation claim. Termination is one form of retaliation for an employee who files for workers’ compensation benefits.

There are other types of retaliation employers can use. An employer may attempt to obstruct the workers’ compensation claim process. They may even refuse to rehire you because of previous workers’ compensation claims.

Michigan’s Workers Disability Compensation Act prohibits employers from retaliating against employees who file for workers’ compensation after a workplace accident. The Equal Employment Opportunity Commission (EEOC) enforces the federal anti-retaliation laws.

According to EEOC enforcement guidelines, there must be a causal connection between the protected activity and the materially adverse action to prove retaliation. A workers’ compensation lawyer can examine your case to see if your employer retaliated against you under state and federal laws because you filed a workers’ compensation claim.

You Plan to Apply for Social Security Retirement Benefits

If you receive workers’ compensation, you will have to coordinate your Social Security retirement payments with your compensation. Insurance companies can only choose one method of coordination for your workers’ compensation and Social Security retirement payments.

Michigan cuts workers’ compensation payments for disabled workers receiving Social Security retirement benefits. The reduction begins at 5% of the workers’ compensation benefit and is adjusted every year. The maximum reduction of workers’ compensation benefits is 50%.

A workers’ compensation lawyer at Cochran, Kroll & Associates, P.C. can develop a strategy to ensure you continue to receive your workers’ comp and minimize the impact on your retirement benefits.

You Have a Claim Against a Third Party

While workers’ compensation covers medical costs and loss of wages, it does not allow employees to sue their employers in a civil lawsuit. However, if a third party’s negligence causes your injuries at work, you may bring a third-party claim against them.

Third-party injury claims work similarly to conventional personal injury claims. If your accident resulted from you falling from a defective ladder on a construction site, you might file a personal injury claim against the ladder’s manufacturer.

Hiring a personal injury lawyer can help you with your third-party claim and help you understand your next steps.

You Have a Workers’ Compensation Hearing

When mediation does not resolve your dispute about your workers’ compensation claim, your case goes to trial before a workers’ compensation magistrate. Before the trial, a pretrial hearing is the first formal step.

The parties’ representatives meet with the worker’s compensation magistrate during a pretrial hearing. The magistrate reviews all paperwork, ensures notification of all parties in the case and makes sure that everyone has appropriate legal representation.

An experienced workers’ comp lawyer can ensure you have all the evidence necessary to prove you’re entitled to a certain amount of benefits. They can help you understand the insurance company’s offer and determine whether a lump sum settlement would cause a higher likelihood of receiving sufficient benefits for your injuries.

You Are Unsure What to Do Next After Your Accident

While you are not legally obligated to hire a workers’ comp attorney, having a qualified lawyer on your side is in your best interests. When filing a claim, you might encounter unfamiliar legal terminology and paperwork that your attorney can help you understand.

A personal injury attorney with experience in workplace injury cases works hard to get the best result for your case. You can search for a trustworthy attorney through recommendations, on social media, and by checking out Michigan’s state bar.

A skilled attorney can offer legal advice on filing your claim within Michigan’s two-year statute of limitations. The time and effort to find one is worth it when you’re confident your lawyer will fight aggressively for the benefits you deserve after a work injury.

Call Today for Help With Your Workers’ Comp Claim

When you are hurt on the job, you need to understand your workers’ rights. These may include filing for workers’ compensation and proceeding with a personal injury case against a third party.

Our work injury attorneys understand the workers’ compensation laws and the personal injury legal processes. At Cochran, Kroll & Associates P.C., we are ready to help you navigate your workplace injury claim.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post 10 Signs You Need a Workplace Injury Attorney appeared first on Cochran, Kroll & Associates, PC.

What happens if you’re an out-of-state driver and are involved in an accident in Michigan? You’ll need to understand how specific state laws affect how you file a claim and the amount of compensation you can receive.

Being a non-Michigan resident also makes it harder for you to handle your case on your own. If you’re involved in an accident, consider hiring a Michigan car accident attorney from Cochran, Kroll & Associates P.C. to handle your case. Our legal team can guide you through the process and advise you on what steps you need to take.

What to Do After a Michigan Car Accident

There are several steps you need to take after you’ve been in an auto accident during your road trip. These steps apply no matter where your accident occurs along your trip.

Move out of traffic and address injuries

Immediately after your accident, you may be asked to maneuver your car to the side of the road and out of traffic. You can do so if your auto accident was minor, your car is functional, and you are not limited by your injuries. However, before moving your car, if it is safe to do so, take a photo of the accident scene.

For more serious accidents and injuries, leave your car in place and call for emergency medical assistance.

File a report

Once any injuries have been addressed, the first step after a car crash is to file an accident report. Call the Michigan state police or a local law enforcement agency to report the accident. You’ll need this official report of your accident to file claims with insurance companies or seek damages.

Law enforcement officers will evaluate and record the circumstance of your accident. They may take pictures of the scene, get copies of traffic camera footage, or interview accident witnesses for the report. You’ll want to obtain a copy of their accident report for your records.

This report contains unbiased information on what caused the accident, which party may be at fault, and other factors such as weather or traffic that may have contributed to your accident. Official accident reports are used by insurance companies and courts of law to determine the outcomes of claims and cases.

Exchange information

You’ll need to exchange contact information with the other driver. Make sure you’ve copied down information from their driver’s license, their insurance information, and have a copy of their license plate. Write down what state they’re a resident of and where the accident occurred. You’ll need additional contact information from witnesses of the accident as well.

Document the scene yourself

Before the scene is cleared, use your phone or a camera to record your own evidence. Take pictures of your car and any other vehicle involved in the accident if vehicle damage occurred. You want an accurate depiction of what happened so the other party can’t claim additional damage or try to discredit your claims. You may want to consider recording eyewitness accounts to support your compensation claim.

If you’re injured from the accident, have medical staff take pictures to document your injuries. Get copies of your medical records from any treatment you received and all healthcare-related bills and expenses. Documenting vehicle damages and injuries that resulted from your accident as soon as possible strengthens your evidence and your personal injury claims.

Contact appropriate parties

You’ll also have to contact your auto insurance company and other appropriate parties. Your insurance company will send a claims adjuster out to document the damage to your car. Their job is to evaluate the condition of your vehicle and develop an appropriate monetary amount of the damage for your insurance company. If you rented your vehicle or have additional insurance, you will also have to contact those parties.

Adjust your schedule

An accident during a road trip means you’re probably not close to home or your destination. You’ll have to make accommodations and adjust your schedule so you can handle the aftermath. This could mean canceling your planned trip.

It may take a day or so before you’re allowed to collect your belongings from your damaged vehicle. You might have to rent a car or find a hotel room in the town where your crash happened. In a worst-case scenario, you may be stuck in the hospital dealing with an injury from the crash. Be prepared to alter your plans as needed.

Be aware of state statutes and laws

States have different statutes of limitations for accidents involving injuries. It’s important to understand the laws where your accident happened and command your right to file claims and bring lawsuits. Under Michigan law, you have up to 3 years after the injury occurs to file a legal claim against the other party.

Michigan is a No-Fault Insurance State

Michigan auto insurance laws require drivers to have, at minimum, no-fault auto insurance. A no-fault insurance policy in Michigan will pay up to $250,000 in damages if another person is hurt or killed in an accident they were legally at fault for. No-fault auto insurance includes personal injury protection, property protection, and residual liability coverage.

Unless they meet specific criteria, the no-fault insurance policy prevents others from suing Michigan residents after a car accident. Residual liability protection coverage pays the injured party up to your policy limits when you’re found legally liable for the accident, and one of the following criteria is met:

• You’re responsible for causing an accident with serious injuries, permanent disfigurement, or death.
• You’re involved in an accident outside the state of Michigan.
• You’re involved in an accident within the state of Michigan with a non-Michigan resident driver and vehicle.

If you’re a non-Michigan resident and get into an accident with a Michigan resident within the state, you’re allowed to seek compensation through the other party’s residual liability protection coverage. Under their laws, Michigan residents are liable for property damage, non-economic damages such as pain and suffering, and medical costs that exceed policy limits.

Get Legal Help in Michigan: Arrange Your Free Consultation Today

If you’re a non-resident involved in an accident in Michigan, Cochran, Kroll & Associates, P.C. can help. Our experienced Michigan auto accident lawyers understand how our state laws affect liability and compensation. We’ll handle your case so you can heal from your injuries and move on with your life quickly.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post Car Accidents on Road Trips in Michigan: What to Do appeared first on Cochran, Kroll & Associates, PC.

At Cochran, Kroll, & Associates, P.C., we have extensive experience handling car accident claims and can help you fight for the compensation you deserve. Tell your lawyer these five things to strengthen your car accident injury claim.

The Details of Your Accident

A car accident attorney will want to know all the details about your car wreck. Ensure you know the date and time the accident took place. It is essential to recall the location of the accident and what you were doing at the moment of impact.

• Details you observed: You can let them know if you observed anything peculiar at the time of the accident. This could be another car leaving the accident scene or a driver failing to signal before merging into you.
• Details you recorded: If you took photos or videos of the accident scene, your lawyer can use these to reconstruct what happened and strengthen your claim.
• Details from official records: A car accident lawyer can review the police report for additional details of the incident, including whether anyone admitted fault. They can also review your insurance information to ensure you’re covered under Michigan law and help you fight for fair compensation for any injuries you sustain in the accident.

Medical Treatments for Injuries After Your Accident

If you have been injured in a car accident, your attorney requires specific information about the severity of the injuries and how they’re affecting your life. More severe injuries that force you to miss work amount to lost wages, which increases the value of your injury claim.

Inform your attorney of the physical and emotional effects of the accident. Physical injuries may include fractured bones, dizziness, and nausea. Emotional trauma or mental anguish from the accident can include anxiety or distress.

Your lawyer will request medical records if you were hospitalized following the accident. If the medical staff takes X-rays or MRIs, your lawyer needs to know so they can get the results of these scans. Our senior partner, Eileen Kroll, is also a registered nurse who can interpret these images to use as evidence of your accident injuries.

If You Received a Ticket in a Car Accident

A police officer might issue a ticket to one or both drivers if they violated Michigan’s traffic laws. You must sign and accept if they issue you one. It’s crucial to understand that signing the ticket does not imply guilt. Your signature only indicates you agree to appear in court to face the charges or pay the fine.

If your attorney is aware of the ticket, they can prepare a statement on your behalf to challenge it in court. If your ticket is used to set you up as liable for the accident, an attorney will need to prepare a defense against the insurance company’s charges.

If You May Be Partially At Fault for the Car Accident

Tell your attorney if you believe you were partially responsible for the accident. Do not admit fault to anyone but your lawyer; doing so could jeopardize your claim.

You can still receive compensation in Michigan, even if you are partly at fault. Michigan’s comparative negligence law allows you to claim damages if you were less than 50% at fault.

The other driver’s insurance company may try to prove that you are more than 50% responsible for the accidents. Your lawyer can negotiate with the insurance adjusters on your behalf to maximize the payout you receive.

When You Don’t Have Car Insurance

Michigan requires all drivers to carry liability coverage, no-fault personal injury protection (PIP), and residual liability insurance in their insurance policies. Usually, PIP benefits can cover medical bills and lost wages for all insured drivers involved in the accident.

Uninsured drivers injured in an automobile accident cannot file a lawsuit against the at-fault driver who caused the accident. Instead, insurance companies may sue you for the money to pay for other people’s medical expenses and lost earnings, including the driver who caused the accident. If you do not have car insurance, discuss your next steps with your attorney.

Confide in a Michigan Attorney

Seek legal representation from Cochran, Kroll, & Associates, P.C. for your personal injury case. Our auto accident attorneys work hard to obtain fair compensation for the damages caused by at-fault drivers.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post 5 Things You Should Always Tell Your Lawyer After an Auto Accident appeared first on Cochran, Kroll & Associates, PC.

Michigan is an at-will state, which means it’s legal for an employer to fire an employee for any reason, including firing for no reason at all. If you lose your job because of your injuries, there are some exceptions to the at-will rule.

You may also have the right to sue for damages related to your loss of income against the other driver. If you sustain serious injuries that affect your ability to return to work or do your job, consult an experienced Michigan lawyer at Cochran, Kroll & Associates, P.C.

What Are My Rights After a Car Accident Injury?

Under state and federal regulations, you are entitled to take time off for personal reasons. It is illegal for employers in Michigan to discipline or fire employees who exercise these rights:

Federal medical leave

The Family and Medical Leave Act (FMLA) applies to employees in Michigan. Under the FMLA, companies with 50 or more employees must provide their employees with a maximum of 12 weeks of unpaid leave per year, subject to a few requirements.

One of these requirements includes employees with serious health conditions who cannot work. If an employee takes an FMLA leave of absence, the company must reinstate them in their previous position.

Earned sick time

At the start of each benefit year, companies in Michigan with 50 or more employees must provide a minimum of 40 hours of paid medical leave to employees who work a minimum of 35 hours per week. This regulation covers employees if they suffer from a mental or physical disorder, injury, or condition. It also covers their medical diagnosis, treatment, and preventative medical care.

Employees who qualify for paid medical leave must follow their employer’s customary notice, procedure, and paperwork requirements. The employer must give the employee at least three days to submit the paperwork for paid medical leave.

Michigan’s workers’ compensation benefits

If you were working on behalf of your company at the time of the accident (such as an Uber driver or taxi driver), you might qualify for workers’ comp benefits. Michigan Workers’ Compensation covers the victim’s medical bills and 80% of your lost income.

To qualify for the wage loss benefits, you must prove your work-related injury caused you to lose your wage-earning capacity in the area of your education and training. If you file a successful claim for workers’ compensation payments, the amounts will be deducted from the no-fault PIP benefits.

How Can I File for Lost Wages From My Car Accident

Under no-fault insurance policies, injured victims can also receive wage loss benefits for up to three years if they cannot work because of a car accident. The law provides for a payment of 85% of gross income, including overtime. To make a claim, you must contact your auto insurance company and provide proof of lost income resulting from time off work. Your doctor must provide a work disability certificate. You also need to have verification from your employer stating your regular wage amount.

If your claim is successful, the insurance company must send you a check within 30 days of receiving your documentation. If you do not receive it within that time, your benefits are overdue.

The benefits have a monthly maximum that changes every October to keep up with the cost of living. However, these increases only apply to accidents that happen after the date of the change. The maximum monthly benefits remain in effect until the end of the three-year benefit period.

Can I Sue for Lost Wages from Getting Injured in a Car Accident?

You can pursue compensation from the at-fault driver for excess lost wages beyond the maximum monthly amount. Under Michigan law, you can bring a third-party tort claim against the at-fault driver for excess and future loss of income.

Your claim represents what you could earn in the future every year if you hadn’t been injured in the accident. Besides the costs, the future loss of income also depends on the costs and losses you will sustain in the future. The court then calculates your earning capacity by comparing what you could accomplish before the injury with what you can reasonably do now.

An attorney can pursue your loss of excess and future income claims against the negligent, at-fault driver who caused the accident for all future economic damage not covered by no-fault insurance. You might also be able to sue for other non-economic damages related to your job loss, including pain and suffering.

If You’re Injured and Lose Your Job, Contact an Auto Accident Attorney

The litigation process can become complex when dealing with your employer, an at-fault driver, and their motor vehicle insurance company. A skilled car accident lawyer from Cochran, Kroll & Associates P.C. can work with you to ensure you are receiving all the benefits you’re eligible for and that your rights are protected.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

The post Can You Lose Your Job After Being Injured in an Auto Accident? appeared first on Cochran, Kroll & Associates, PC.

If you decide to move forward with a car accident lawsuit, you need to know what percentage of a potential settlement your attorney takes for their legal fees. Learn why it is important to work with a truck accident attorney following a truck collision and what percentage your attorney can take in legal fees from your settlement.

Why Hire a Truck Accident Attorney?

Hiring an experienced truck accident attorney gives you the legal representation needed to seek fair compensation for your injuries. Without a truck accident attorney, it is difficult to protect your rights following accidents involving large commercial trucks or semis. This is due to the complex nature of truck accidents.

Large truck accidents often cause significant property damage and catastrophic injuries. They also often involve several vehicles, complicating the legal process and making it more challenging to prove fault.

Multiple causes can contribute to truck accidents that indicate several potentially responsible parties. Truck accidents often result from:

• Human error such as speeding, distracted driving or falling asleep at the wheel.
• Equipment failure due to poorly manufactured products.
• Equipment failure due to mechanics or drivers not inspecting vehicles and parts.
• Failure by the trucking company or driver to adhere to federal or state requirements.

A skilled truck accident attorney at Cochran, Kroll & Associates, P.C. knows how to navigate these complex issues and gather the evidence needed to support your personal injury claim.

Your personal injury lawyer can help you pursue fair compensation with an out-of-court settlement or trial case.

What to Expect When Working With a Truck Accident Attorney

The first step in hiring a truck accident attorney is to schedule a consultation. Our consultation process is straightforward at Cochran, Kroll, & Associates P.C.

Free consultation

To ensure every truck accident victim has access to legal representation, Cochran, Kroll, & Associates P.C. offers those seeking counsel a free initial consultation. Our legal team recognizes that you may be facing expensive medical bills or lost work due to a personal injury accident involving a large truck or commercial motor vehicle.

Your initial consultation is free of charge, allowing you to seek counsel even if you don’t have the out-of-pocket funds to pay upfront. To accommodate your needs, your consultation can take place over the phone, over the internet, or in person at your home or hospital room.

Case review

During your free, confidential consultation, your attorney reviews your case. One of our skilled attorneys ensures you are within the statute of limitations for filing. They also assess the circumstances of your accident to ascertain whether negligence on the part of the truck driver or other party is provable.

Contingency fee agreement

If your consulting lawyer agrees to take on your case and you decide to proceed, you will sign a contingency fee agreement. The contingency fee agreement states that your lawyer only receives compensation for their services if you win a settlement or damages.

The agreement details what percentage of your settlement your lawyer will take if you win and absolves you of any fees if you lose your case.

Initiate the legal process

Once your contingency fee agreement is in place, your truck accident attorney initiates the legal proceedings for your case. They gather evidence related to your accident, including proof of incurred expenses such as medical bills and missed work.

They also gather evidence of pain and suffering you’ve experienced as a result of the accident and negotiate with the defendant’s insurance company to come to a fair settlement agreement if possible.

How Much Do Truck Accident Attorneys Cost?

At Cochran, Kroll, & Associates P.C., your truck accident attorney cost depends on the amount of your settlement and the percentage you and your lawyer agree to before working together.

In Michigan, the State Bar outlines the Rules of Professional Conduct relating to legal fees, stating that lawyers cannot charge their clients an“excessive amount. A reasonable amount is determined based on several factors, including the time and labor the case demands, fees charged locally for similar legal services, and whether the fee is fixed or contingent.

Michigan law caps your attorney’s contingency fee at ? of your recovery amount after advanced costs are deducted. Attorney’s are allowed to advance costs for litigation and then deduct the costs before determining the contingency fee. Costs include filing fees, medical record collection and witness fees. For example, if you settle your claim for $100,000 and incurred legal advanced costs of $10,000, the attorney fee is based upon the $90,000 net recovery after costs. If you receive $90,000 in the net recovery, your attorney receives a maximum of $30,000, leaving you with a $60,000 settlement check. This applies to any personal injury or wrongful death case tried in Michigan, even if the client resides in a state with a different contingency fee limit.

Consult with your personal injury attorney about their legal fees before deciding to hire them to represent your case. Ask about their contingency fees and ensure you understand exactly what services you will receive, what percentage of your settlement you will pay out for legal fees, and any other associated fees you may be responsible for.

By preparing yourself ahead of time, you should know how much your lawyer will cost before you officially file a lawsuit for your personal injury case.

The Benefits of a Contingency Fee Arrangement

Signing a contingency fee arrangement allows you to seek monetary compensation to cover your accident-related expenses without coming up with the funds upfront. This is essential when faced with debilitating injuries, medical expenses, and emotional turmoil.

If you cannot work due to the negligence of a truck driver or trucking company, a contingency arrangement relieves you of the financial burden of paying your legal bills out of pocket.

A contingency fee arrangement ensures your lawyer only takes on your case if they believe you can win. Because your attorney is only paid if you succeed, it also gives your legal team an extra incentive to fight for your rights and use a winning legal strategy to pursue fair compensation.

Despite this fact, there is still a chance that you may not win your case. This is one of the most significant factors behind a high contingency fee percentage.

What Do Legal Fees Include?

It is also helpful to consider the expenses associated with filing a lawsuit. This can help you understand what your payment goes toward if you win.

Under a contingency fee agreement, your legal team incurs all the associated legal costs of your case costs until you win your settlement. Legal expenses can include:

• Hours of labor put into the case
• Preparing and filing legal documents
• Gathering evidence and performing research
• Time spent negotiating with defendant’s legal team and insurance company
• Preparing for trial if not settled out of court
• Calling witnesses and experts to the stand during a trial

Much of your 33?% contingency fee goes toward paying for these expenses after your attorneys have won your case.

Contact Cochran, Kroll, & Associates, P.C. to Arrange Your Free Consultation

When you suffer injuries due to a semi-truck or tractor-trailer collision, it is important to obtain legal representation to protect your rights to compensation. The truck accident attorneys with Cochran, Kroll, & Associates, P.C. are experienced in the field of commercial truck accidents and are equipped to seek recompense on your behalf.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.

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