Jay Trucks and Associates Legal Blog

Insurance Company Charges Michigan Woman a 600 Percent Surcharge

2011-12-28T10:12:00.000-08:00

We pay for insurance policies under the assumption that these policies will be there when we need them. Unfortunately, some insurance companies delay paying your claims in a timely manner or punish you for filing a claim in the first place.

In Michigan, an 83-year-old woman has been threatened with a 600 percent surcharge on her homeowner's insurance, which would raise her bill from $585 to $4,092, according to an article in the Lansing State Journal.

The surcharge comes after two claims: In 2009, a pot left on a burner caused $2,864 worth of smoke damage to the woman's home. In May, 2011, a clogged drain in the woman's basement caused $585 worth of water damage.

The woman received two letters from the insurance company, one suggesting she look for coverage elsewhere, the other stating the damage was a result of her actions and indicative of future behavior.

After an unexpected life event – such as a personal injury, property damage, or a car accident – we are often at the mercy of our insurers. Catastrophic events are usually sudden and unanticipated, and in that moment you depend on your insurance policy to help pay for accident-related expenses.

At Jay Trucks & Associates, our Michigan attorneys fight for people who are being treated unfairly by their own insurance companies. We have the experience to confront insurance companies and work toward fair compensation for your claim. Please contact us to schedule a free consultation.

In 2012, Elect a Supreme Court for the People

2011-12-13T07:42:00.000-08:00

For decades, the Michigan Supreme Court has consistently ruled against working people like you and me, instead protecting the rights, privileges, and profits of big businesses, like insurance companies, oil companies, drug companies, big banks, and other corporations. If you don't believe us, watch this video that summarizes many of the Michigan Supreme Court's decisions:

Times are hard enough for us that we do not need a Supreme Court that will push aside victims and taxpayers in favor of big business.

You have the power to change the Court. In the 2012 elections, vote for Supreme Court justices that put people first and hold corporations responsible for their misconduct.

Jay Trucks & Associates is a law firm dedicated to protecting the rights of victims, and we have seen first-hand the damage that Supreme Court decisions can do to individuals, families, and communities. Our resolve is to keep fighting for people, in court and at the polls.

If you have been hurt, and want a law firm that will fight for you, please contact us for a free consultation.

United Way and Volunteer Center for Clare County

2011-12-01T09:22:00.000-08:00

Click here for pdf.

Sport Bike Accidents

2011-03-17T10:21:00.000-07:00

Sport bikes are exciting, lightweight motorcycles that provide the same big thrill of riding but on a smaller vehicle. However, their smaller size makes them more susceptible to serious motorcycle accident injuries when sharing the road with other drivers. Our Michigan motorcycle accident attorneys can help you file your sport bike accident claim if you become injured on the road.

Originally manufactured in the United States in the 1960s, sport bikes are lighter than choppers and cruisers and more susceptible to damage during a motorcycle accident. Sport bike riders are also vulnerable to serious personal injuries, due to the lack of protection. This can mean that your body has to absorb the brunt of the impact, or you may be thrown from your bike onto the road or against another object.

Even with appropriate protective gear, you are more likely to suffer injuries such as:

Broken bones and lacerations
Neck, head and brain injuries
Paralysis injuries
Amputation injuries
Road rash and burn injuries

These injuries can leave you with temporary or permanent disabilities, or disfigurement that can be both physically and emotionally scarring.

The joy of riding a sport bike brings with it the danger of sharing the road with negligent drivers. The Michigan personal injury attorneys at Jay Trucks & Associates, P.C. can answer your questions and assist you with your sport bike accident claim.

If you live in Flint, Saginaw or Traverse City, Michigan and have been injured in a motorcycle accident, please contact the experienced Michigan accident attorneys at Jay Trucks & Associates, PC to schedule your free consultation.

Types of Motorcycle Accidents

2011-03-16T10:18:00.000-07:00

Not all motorcycle accidents are alike. There are various types of accidents in which a rider can be involved that impacts the degree of injuries suffered and damage to property. The type of motorcycle accident will also influence which party may be held legally liable.

Although there are countless types of motorcycle accidents, the most common include:

Rear-end collisions, where a motorist fails to pay attention or incorrectly judges stopping distance
Drunk driving accidents
U-turn or left-turn accidents when a driver fails to yield or a motorcyclist fails to see the driver
Obstructions or hazards on the road, such as debris or landscaping
Inclement weather such as fog and rain that decrease visibility, or oil slicks that increase the potential for an accident
Motorcycle defects that result in a crash that should never have happened

Our Michigan motorcycle accident attorneys will need to investigate the type of motorcycle accident that you were involved in. After establishing who caused the accident, your experienced lawyer can help you file a claim against the at-fault party. This may be a driver, another biker, the motorcycle manufacturer or local agency responsible for maintaining safe roadways, such as the Michigan Department of Transportation.

If you have been involved in a motorcycle accident in Flint, Saginaw or Traverse City, Michigan, please contact the Michigan motorcycle accident attorneys at Jay Trucks & Associates, PC to discuss your injuries during your free consultation.

Motorcycle Accident Litigation

2011-03-14T10:14:00.000-07:00

If you or a loved one has been involved in a motorcycle accident, it is easy to become overwhelmed with legal information during this difficult time. You probably have questions about your legal options. Accident victims often worry if their claim will cover their medical expenses, and whether they can still file a claim if they were partly at fault for the crash.

Motorcycle accident claims can be complicated, and each case is different. This is why it’s important to speak to our Michigan motorcycle accident attorneys, who can answer your questions and help you sort out the details of your claim.

If you were involved in a motorcycle accident in Michigan and you did not have insurance on your bike, you can still bring a lawsuit against the driver who hit you. Although Michigan law requires motorcyclists to wear a helmet, if you were not wearing one at the time of your accident and you were injured, you may still be eligible for compensation. If another driver caused you to veer off the road but did not actually hit you, you may also be able to recover damages.

You and your family may be able to recover compensation for:

Medical expenses and future medical care
Lost wages and the ability to earn future income
Pain and suffering
Loss of enjoyment of life
Loss of benefits
Mental anguish

If you live in Flint, Saginaw or Traverse City, Michigan, please contact the experienced Michigan motorcycle accident attorneys at Jay Trucks & Associates, PC to schedule your free consultation. We can help you recover the losses or damages you suffered from your motorcycle accident.

Safe Riding Tips for Motorcyclists

2011-02-25T12:47:00.000-08:00

As a motorcyclist, you can help keep yourself and other drivers safe by practicing defensive riding habits. If you do become injured in a motorcycle accident, speak to one of our Michigan motorcycle accident attorneys, who can give you advice on your potential claim.

Tips to Safe Motorcycle Riding

Here are some tips to help avoid a potentially-serious motorcycle accident.

When riding in traffic, be on the lookout for potential hazards such as railroad tracks and turning cars. Keep your eyes moving, without focusing on any one object for more than two seconds. Always wear your helmet, as this is the law in Michigan.

Make sure you are visible to other drivers by keeping your headlights on during the day, wearing bright clothing and always signaling. Use your horn to make sure other vehicles on the road are aware of your presence, and always rest your bike where you can be seen (not behind a truck, landscape or in a vehicle’s blind spot). Maintain a two-second gap between you and the car in front of you in traffic, and three to four seconds on the highway.

Riding Your Motorcycle at Night

Dusk is the most dangerous time to ride, when drivers’ and riders’ eyes are adjusting from daylight to darkness. Be sure to keep the appropriate distance from other drivers and wear clear, clean goggles or put your face shield down. If your eye-gear contains scratches, the light refractions can be confusing (such as seeing four headlights instead of two).

If you suffered injuries in a motorcycle accident in Flint, Saginaw or Traverse City, Michigan, please contact the Michigan motorcycle accident attorneys at Jay Trucks & Associates, PC to schedule your complimentary consultation.

Motorcycle Defects and Recalls

2011-02-15T12:22:00.000-08:00

A defective motorcycle or a faulty motorcycle part can cause accidents, or turn a minor collision into a catastrophic one. For example, defective brakes can cause an accident, or turn a fender-bender such as a rear-end collision into a major motorcycle accident that causes severe personal injuries or even fatalities. A defective helmet that fails on impact can leave you with a debilitating brain injury when you should have suffered only bruises.

If you believe that your motorcycle has a defect, you can report it to the National Highway Traffic Safety Administration, the federal agency responsible for issuing recalls and investigating potential defects. If they discover that the part was indeed defective, they will issue a recall and you will have helped spare other bikers from dangerous motorcycle accidents. You should also consult the advice of our Michigan motorcycle accident attorneys who can help you move forward with your accident claim.

It is a motorcycle manufacturer’s responsibility to try and alert owners of recalled vehicles or motorcycle parts. A manufacturer should have your records on hand from your Michigan vehicle registration information. They may also try to notify owners through the purchaser of a recalled product.

If you were injured in a motorcycle accident that you suspect was caused by a defective part, please contact the Michigan motorcycle accident attorneys at Jay Trucks & Associates, PC. We provide free consultations to clients in Flint, Saginaw and Traverse City, Michigan.

Motorcycle Accident Claims

2011-02-15T12:14:00.000-08:00

While motorcycles are thrilling vehicles that allow you to travel the open road without feeling confined, more than 80% of motorcycle accidents result in serious injury or death. In addition, bikers are often faced with prejudices from law enforcement officials and insurance companies. Therefore, if you or a loved one has been in a motorcycle accident, it is important to seek legal representation as soon as possible.

Motorcycle accidents are often complex claims. While our knowledgeable Michigan motorcycle accident attorneys are an essential aspect of your claim, there are also actions you can take to help your claim. Here are some suggestions:

Do not repair your motorcycle until you have spoken to a personal injury attorney. You will need to have your bike inspected, and also allow the other party to perform their own inspection.
Keep all medical bill receipts and other out-of-pocket expenses pertaining to your accident.
Maintain a record of your personal injuries. This includes all medical documents and a detailed record of how your injuries are affecting your life physically and emotionally.
Chart your loss in wages if you must miss time from work.
Document what limitations you are experiencing both personally and professionally, and how long you are unable to work.

If you or a loved one has been hurt in a motorcycle accident in the Flint, Michigan area, please contact the Michigan motorcycle accident attorneys at Jay Trucks & Associates, PC to arrange your free consultation. We also serve clients in Saginaw and Traverse City, Michigan.

Serious Personal Injury

2011-01-27T12:23:00.000-08:00

A serious personal injury can affect anyone at any time. You may suffer a seemingly small injury from a slip and fall accident and become permanently disabled. Or you may be in the wrong place at the wrong time and suffer an amputation injury on the job.

If you were hurt on someone’s private property, such as a business that is responsible for keeping that property safe, that party may be held financially responsible for your injuries. If a piece of equipment malfunctioned on a construction site and severed your finger, the manufacturer of that product may be held legally liable. Our Michigan personal injury lawyers can investigate your claim and determine the party at fault for your injury.

A serious personal injury may be temporary or permanent. Brain injuries are the most common serious injury and can leave you with impaired memory, as well as problems with vision, communication, and physical movement. Brain injuries are often caused by a sudden, violent blow to the head such as that from a motor vehicle accident or a fall from heights. Other types of serious personal injuries include:

Neck and spinal cord injuries
Amputation injuries
Severe burns
Paraplegia and quadriplegia

Serious injuries are life altering and are often accompanied with emotional pain and suffering in addition to physical pain and devastating limitations.

If you live in Flint, Saginaw or Traverse City, Michigan, and have suffered a serious personal injury, please contact the Michigan personal injury lawyers at Jay Trucks & Associates, PC to schedule your free consultation.

Paralysis Injuries

2011-01-17T12:22:00.000-08:00

Paralysis is the complete loss of muscle function caused by a spinal cord injury. Your spinal cord is a bundle of nerves that travels from your brain down your vertebrae to your extremities. Since your spinal cord transmits the brain impulses responsible for your body’s movements, injuring it can leave you with a serious personal injury or paralysis.

The severe accidents that cause paralysis injuries are devastating, because certain parts of your body will no longer respond to the messages sent from your brain. Paralysis usually includes the loss of feeling in your affected body part. If you suffer a personal injury that leaves your paralyzed, consult one of our Michigan personal injury lawyers to review your case as soon as possible.

There two main types of paralysis:

Paraplegia, in which you lose the ability to move your legs
Quadriplegia, that leaves you unable to move both your arms and your legs

The extent of your paralysis will depend on the location of your spinal cord injury. Some victims suffer temporary paralysis, and others are permanently injured.

The number one cause of paralysis is motor vehicle accidents, accounting for about 55% of all paralysis injuries. The most common types of auto accidents are rollover accidents, especially those involving SUVs when the supporting pillars fail and the roof crushes an occupant’s spinal cord.

If you have suffered paralysis due to a motor vehicle accident in Flint, Saginaw or Traverse City, Michigan, please contact the Michigan personal injury lawyers at Jay Trucks & Associates, PC to arrange your no-cost consultation.

Amputation Injuries

2011-01-07T12:22:00.001-08:00

An amputation is the loss of a body part, or its forced removal. These injuries are often caused by trauma, such as a fall, motor vehicle accident, or workplace accident involving machinery. Amputation injuries are more common than many people believe with about one in every 200 Americans having had an amputation.

Types of Amputations

There are two types of amputations: partial and complete. A partial amputation occurs when your appendage tissue is partially severed, and your limb remains attached. The entire appendage is cut off in a complete amputation. In both types of amputation injuries, it may be possible to reattach the limb or body part. If you have suffered an amputation, our Michigan personal injury lawyers can assess your claim, and determine its potential and strength.

Accidents that may require an amputation can occur anywhere, but the most common include:

At the workplace of a dangerous job
On a hazardous construction site
On the road, in a motor vehicle accident (especially motorcycle accidents)
At home, due to a defective piece of machinery, appliance or other product
While playing a high-risk sport or recreational activity

Affected Limbs in Amputation Injuries

Lower limbs are the most common limbs to be affected by amputation. Statistics reveal that 90% of all amputations are that of the lower limbs.

Fingers and hands are also prone to amputation when caught in defective machinery and the like. In some cases, arms may be amputated at the elbow or higher based on the extent of the injury sustained.

If you have suffered an injury that resulted in an amputation, please contact the Michigan personal injury lawyers at Jay Trucks & Associates, PC today to discuss your case during your free consultation. We serve clients in Flint, Saginaw and Traverse City, Michigan.

Pharmaceutical Injuries

2010-12-30T09:29:00.000-08:00

Each year, thousands of Americans suffer adverse effects from over-the-counter and prescription medications. Because the pharmaceutical industry is profitable and competitive, manufacturers aggressively market their drugs. In an effort to get their product onto shelves, companies will downplay or even ignore potential health risks. The result is dangerous pharmaceuticals that make their way into the marketplace, without consumers realizing the dangers until it is too late. If you have suffered a pharmaceutical injury, our Michigan personal injury lawyers can help you move forward with your claim.

Dangerous pharmaceuticals are responsible for the deaths of an estimated 200,000 Americans each year. These deaths are caused by bad reactions and side effects, such as:

Heart attacks
Strokes
Hemorrhagic strokes
Diabetes
Suicides
Kidney damage
Liver damage or complete liver failure

Although any drug can lead to a pharmaceutical injury, the most common drugs known to cause serious side effects include:

Accutane
Baycol
Enbrel
Meridia
OxyContin
Paxil
Prempro
Rezulin
Serzone
Thimerosal
Vioxx
Zyprexa

Drug manufacturers are responsible for creating, inspecting and testing safe products that contain the appropriate warnings.

If you have been injured by a pharmaceutical drug in Flint, Saginaw and Traverse City, Michigan, please contact the Michigan personal injury lawyers at Jay Trucks & Associates, PC to schedule your free consultation.

Burn Injuries

2010-12-02T09:12:00.000-08:00

A burn injury is one the most painful, disfiguring and emotionally damaging injury a person can suffer. These types of injuries are the second leading cause of accidental death in the United States. Healing from a burn injury happens over time. It can take years before reconstructive surgery can be performed, leaving you physically and psychologically scarred. Speak to one of our Michigan personal injury lawyers to hear about your options regarding compensation for your burn injury.

There are various incidents and accidents that can cause a burn injury, such as:

Car accidents
Electrical accidents
Truck and SUV accidents
Household fires
Motorcycle accidents
Defective household appliances that explode (such as a furnace or microwave)
Other defective products
Industrial accidents
Chemical spills
Scalding liquids
Gasoline spills
Plant explosions

Burns are characterized by depth and labeled as first degree, second degree or third degree. Short-term burn treatment includes antibiotics, bandages and pressure garments. Skin grafts are often required to transplant skin from one area of your body to replace damaged skin. Long-term care depends on the severity of your burn injury, in addition to any chemicals or smoke that you may have inhaled.

If you or a loved one has suffered a burn injury and you live in the Flint, Michigan area, please contact the Michigan personal injury lawyers at Jay Trucks & Associates, PC to schedule your free consultation.

Common Mistakes Accident Victims Make When Seeking Medical Treatment

2010-11-20T09:07:00.000-08:00

If you suffer a personal injury as the result of an accident, you may be wondering the best way to handle your medical treatment. Keep in mind that how you deal with your physician may impact the outcome of your lawsuit as well as your long-term health.

Our Michigan personal injury lawyers can help you avoid costly mistakes, but here are some common errors that you should know about and try to avoid:

Waiting to see a doctor: You must prove that you suffered injuries in an accident. Therefore, if you fail to seek medical treatment in a timely manner, no matter how minor your injuries, the defense will argue that you are not injured enough to deserve compensation.
Failing to fully disclose medical history: You must be honest with your doctor, and reveal any preexisting condition or illness that you had prior to your recent accident. Incomplete or inaccurate medical information can hurt or even cause you to forfeit your case.
Skipping follow-up visits or failing to take medications: Once you claim injuries in a lawsuit, your medical records are released to the insurance company. If you skip a follow-up appointment, no matter the reason, it will say ‘no show,’ and appear as though you are not committed to your recovery. Failing to take medication or follow your doctor’s orders looks just as bad.
Failing to have your injuries correctly documented: To win your claim, you must have your injuries documented. Aside from medical visits, write down how your personal injury is affecting your job, your mobility, and every aspect of your life. Keep all copies of your medical records for your personal file, including doctor’s orders and work restrictions.

Before you make a mistake that could jeopardize your claim, please contact the Michigan personal injury lawyers at Jay Trucks & Associates, PC to discuss your claim. We offer free consultations and serve clients in Flint, Saginaw and Traverse City, Michigan.

Anesthesia Errors

2010-11-12T09:02:00.000-08:00

With every surgical procedure that involves anesthesia, there is a risk to your health. Anesthesia is a careful balance of chemicals that alters your central nervous system so you are unable to feel pain during a procedure. While anesthesia is generally safe when performed by a skilled anesthesiologist, even a small mistake can be disastrous and lead to medical malpractice. Our Michigan medical malpractice attorneys can review your case and help determine if you have a valid malpractice claim for an anesthesia mistake.

Some of the most common anesthesia errors include:

Insufficient delivery of oxygen: The lack of oxygen delivery to your brain is one of the most common causes of serious personal injury. If the combination of anesthetics and oxygen is wrong, this can result in brain damage and even wrongful death.
Dosage errors: The proper administration of anesthesia requires an anesthesiologist to accurately review your medical record and choose a safe and appropriate combination of drugs.
Failure to properly monitor your vital signs: Your condition must be monitored throughout your treatment so that adjustments to the drug dosages can be made if your vital signs change.
Intubation mistakes: Tracheal intubation is often performed to make sure the sufficient amount of oxygen is delivered. Failure to intubate can lead to oxygen deprivation and brain damage. Improper intubation can also cause a serious injury.

If you have suffered an anesthesia error in Flint, Saginaw or Traverse City, Michigan, please contact the skilled Michigan malpractice attorneys at Jay Trucks & Associates, PC to schedule your complimentary consultation.

Pharmaceutical Errors

2010-10-30T08:57:00.000-07:00

In the 20 minutes it takes to fill a prescription at your local pharmacy, a lot can go wrong. Especially when a pharmacy is slammed with patients, the chance of mix-ups and mistakes increases. From an overdose to the wrong medication, both experienced and novice pharmacy technicians can make pharmaceutical errors that can have severe, even deadly consequences. If you suffered adverse effects or became injured due to pharmaceutical error, a consultation with our Michigan medical malpractice attorneys. can help determine if you have a case.

Some of the most common pharmaceutical errors include:

Incorrect dosage: An incorrect dosage may be the result of mislabeling or negligence on behalf of a pharmacy technician.
Wrong prescription: Sometimes, the completely wrong medication is administered to patients, due to distractions or carelessness on behalf of the pharmacy staff.
Drug interactions and complications: A drug may have certain interactions with other medications, even if the drug itself does not have severe side effects. Be sure to tell your pharmacist if you are allergic to any medications, and which drugs you are currently taking to help prevent a complication.
Incorrect labeling: The addition of just one number because of a typo can lead to a harmful overdose. It is also possible for a pharmacy technician to misread a doctor's notes, due to their infamously poor handwriting.

If you or a loved one has suffered personal injury due to pharmaceutical error in Flint, Michigan or the surrounding area, please contact the experienced Michigan malpractice attorneys at Jay Trucks & Associates, PC. We offer free consultations, so please call our office today.

Employee Right to Know of Hazardous Materials

2010-07-10T12:20:00.000-07:00

In 1985, Michigan passed the Michigan Right-to-Know (MRTK) law (also known as the Hazard Communication Standard) that gives employees the right to know about all hazardous materials they work with and how they can protect themselves. It requires that all hazardous products have warning labels providing such information as:

The type of hazard, such as whether it is combustible, explosive, flammable or chemically reactive;
Instructions for product storage and handling and whether any protective clothing should be worn such as gloves, goggles, or fire-retardant clothing;
Name and address of the manufacturer or distributor;
Any symptoms that product mis-handling could cause, such as dizziness, headaches, or shortness of breath; and any diseases known to be caused by the hazardous material, such as asbestosis potentially caused by products containing asbestos fibers.

Further, each hazardous material must come with a Material Safety Data Sheet (MSDS). An MSDS expands on the warning label information and must be available to employees at all times with no restrictions. They should list all ingredients in hazardous products and typically are kept in a three-ring binder.

Your employer, or the department in which you work if your employer is large, should have a Hazardous Materials Inventory listing all hazardous materials used. There should also be training in how to work safely with dangerous materials, including how to recognize signs of over-exposure to any chemicals, first aid in the event of a spill or accident, and proper clean-up.

If relevant, your employer should have printed information on OSHA (Occupational Safety and Health Administration) and EPA (Environmental Protection Agency) regulations. There should be training for all employees involved with hazardous waste disposal, including educational materials and training in emergency response, evacuation plans, and the chain of command.

Our employment law attorneys are well-versed in all hazardous material regulations and laws and can help if you are wondering whether your employer is violating any of them. Please contact our law office today if you would like to schedule a free consultation and learn more about your legal rights and options. We serve residents in Flint, Saginaw, Traverse City, and Lansing, Michigan.

Job Discrimination

2010-07-01T12:27:00.000-07:00

The U.S. federal government has laws that prohibit job discrimination on the basis of religion, age, race, and gender. Some examples are:

Title VII of the Civil Rights Act of 1964 prohibiting discrimination based on race, color, sex, religion, or national origin
The Age Discrimination in Employment Act of 1967 protecting people over 40 years of age
Sections 501 and 505 of the Rehabilitation Act of 1973, prohibiting discrimination against qualified disabled people employed by the federal government

These laws are all enforced by the U.S. Equal Employment Opportunity Commission (EEOC).

There is also the Civil Service Reform Act of 1978 (CSRA), enforced not by the EEOC but by the Office of Special Counsel and the Merit Systems Protection Board. It contains several prohibited personnel practices and is designed to support fairness in federal government personnel actions. For example, the CSRA prohibits any reprisals against whistleblowers, and against any federal employee who files a complaint or appeal.

Examples of Prohibited Discriminatory Practices
Together, the various federal laws make it illegal to discriminate on any basis in any aspect of employment. Aspects of employment include:

Recruitment
Use of company facilities
Hiring and firing
Compensation
Fringe benefits
Disability leave
Training programs

Discriminatory practices might be exclusion of certain people from company facilities or extra training; paying lower wages to certain people; or consistently not hiring certain types of people. It would also be classified as a discriminatory practice to penalize an employee who filed a whistleblower suit.

Sexual harassment is a form of sex discrimination and includes requesting sexual favors from an individual as well as creating any hostile environment for either gender – this applies to females as well as males. Also, pregnancy and childbirth must be treated the same as “other temporary illnesses”, although of course, pregnancy and childbirth are not illnesses. The Family and Medical Leave Act offers additional parental rights which are enforced by the U.S. Department of Labor.

Job discrimination in both the private and public sectors has been vigorously fought by lawyers nationwide for several decades now. Our attorneys are very familiar with employment law and stay up to date with all changes in it as well as with all awards and settlements in such cases.

If you feel you are being discriminated against in your workplace, please contact our office for a free case review. We serve the areas of Lansing, Flint, Saginaw, and Traverse City in Michigan.

Employee Right-to-Know Act

2010-07-01T11:55:00.000-07:00

In 1979, Michigan’s Employee Right to Know Act became effective, giving employees access to their own personnel records. The Act applies to employers, private or government, with four or more employees. It defines personnel records as being information that identifies you, that is kept by your employer, and that is used to decide on any promotion, transfer, increase in pay, or disciplinary action.

Reviewing Your Own Personnel File
To see your own personnel file, you must send a letter by snail mail and it must include as many identifying items as you can think of:

Social Security number
Dates of employment
Address of the facility where you worked or still work
Identifying numbers such as branch number, division number, plant number, or badge number

You can send such a letter and be given access to your file up to twice a year, or according to any bargaining agreement your employer might have signed. If you are asking to see the file of a previous employer and you are no longer in the same location, you can ask that a copy of the file’s information be sent to you. If you want to see the actual file, a time and place will be arranged, usually within business hours and at or near the place of employment.

If, after looking at your file, you want a copy of it, you can ask your employer for one, and he or she can charge a fee for that. The fee amount must be limited to the employer’s actual cost of making the copy.

Disagreement Over File Content
If you find something in your file that you disagree with, you can inform your employer of that and perhaps come to an agreement on correcting it. If no agreement seems possible, you can submit a statement giving your point of view, and it will become a permanent part of your file. By law, it can be quite long – up to five pages of letter size paper – and must be included if any third party asks to see your file.

Your personnel file must not include any information about your personal life. Employers are forbidden to gather information about your friends, activities, political views etc. unless you give written permission for that. If you do give permission and information is assembled, it must be kept as part of your file.

There is a penalty for violating the Right-to-Know Act and you can file a claim in a local circuit court if you think your employer has acted illegally. If you have difficulty in gaining access to your file, or if it contains any evidence of political or other improper surveillance, you can contact the Michigan state representative in Lansing, MI.

Employment law can be complex in any given situation and we invite you to contact our office if you think you might have a valid legal claim against your employer. You can read more on our Frequently Asked Employment Law Questions page.

Wage and Overtime Issues

2010-06-23T12:26:00.000-07:00

The Fair Labor Standards Act of 1937 states that overtime is any time worked over 40 hours per week and employees should be paid at time-and-a-half for those extra hours. If there is a dispute over what you are entitled to be paid for time worked, it is best to hire your own lawyer, as no doubt your employer will have an experienced attorney representing her. If you do not have your own attorney, you will be at a disadvantage.

Employees are classified into "exempt" and "non-exempt" groups. Exempt workers are paid no overtime, as they earn a salary rather than an hourly wage. Non-exempt workers are paid hourly and should receive overtime pay.

Wage and Overtime Claims Increasing
Wage and hour issues have far surpassed discrimination issues in numbers of claims being filed. A single dispute can result in a class action lawsuit, potentially setting the employer back millions of dollars.

An example is a case against Smart & Final Inc., a large grocery chain, that denied any wrongdoing but settled a class action lawsuit involving overtime pay and meal and break times involving about 13,000 class members. A similar suit against Radio Shack Corp. involved 7,000 or so employees, both current and former.

The original amount of disputed wages may be small but if wages have been denied over months or years, and for many other employees as well, the company’s liability can increase dramatically. As a result, many companies have hired attorneys to audit their policies and practices so as to be well-prepared to defend themselves should someone bring a class action suit against them.

If you are wondering whether you have a valid claim against your employer, the first step would be to consult with an experienced employment law attorney. You probably have some questions and need clear answers. Our attorneys are skilled at listening and at explaining how legal procedures work and we will be glad to give you a free consultation. Please call or email our law office today.

Whistleblower Issues and Questions

2010-06-22T12:21:00.000-07:00

Whistleblower suits fall under the False Claims Act (also called the Lincoln Law). It is a federal law that allows non-government people to file fraud claims on behalf of the government against federal contractors who are misusing government funds. It was passed in 1863 because of Civil War scams and was amended in 1986.

It contains the "qui tam" principle. "Qui tam" comes from a Latin phrase referring to someone "who sues in this matter for the king as well as for himself" – the "king" now being the federal government. A person who acts under the qui tam principle is known as a whistleblower. The False Claims Act allows a whistleblower to receive between 15% and 25% of any settlement or award sum. The term whistleblower also applies in a private sector context, where an employee might expose fraud on the part of his or her employer.

What kind of cases are filed as qui tam actions?
The most common type of case involves filing false payment claims for services that were not provided or goods that were not delivered. Examples might be wages for an employee who was never hired or reimbursement for medical care never given.

Another type involves submission of false cost and pricing data when a contract is being negotiated. If the false data is accepted, the contractor is then paid too much for the work done. Other types of qui tam cases involve falsely certifying that a product used meets required specifications or that reliability testing has been done.

What are the penalties for violating the False Claims Act?
A contractor must repay three times the amount of loss he caused the government plus $5,500 for each false claim made.

What happens if a whistleblower suffers retaliation from his or her employer?
If an employee is fired, demoted or harassed in any way after acting as a whistleblower, the False Claims Act entitles him to full relief, such as reinstatement, double back pay, and compensation for costs such as attorney fees.

Our employment law attorneys are experienced in prosecuting whistleblower cases. If you are wondering whether to take action about any illegal practices you observe in your workplace, please call or email our law office today. We will schedule a free consultation for you, where you can ask questions and receive some legal advice.

Too ‘tort-reformed’ already

2010-06-21T11:23:00.000-07:00

By Robert M. Raitt

"Tort-reform" is a PR phrase describing policy that allows corporations and other special interests to escape accountability. Typical tort reforms include legal loopholes, immunities, favors for multinational corporations and powerful special interests, and limits on the constitutional rights of ordinary people to trial by jury.

The Pacific Research Institute’s corporate-spin demand for more special tort reform privileges and immunities for companies like BP and Goldman Sachs and Merck is exactly the opposite of what Michigan needs.
Tort reform has given us repealed regulations, gutted safety precautions, special immunities and privileges for unaccountable multinational corporations and get-out-of-jail-free legal loopholes for big corporate CEOs.

Tort reform has failed spectacularly.

Our crippled economy, record unemployment and foreclosures, and the environmental catastrophe in the gulf have revealed the lies of tort reform, and PRI asking for more brings to mind the classic definition of insanity: "Doing the same thing over and over again and hoping for different results."

Michigan needs to return to old-fashioned policies of accountability and responsibility, and to requiring that under-regulated corporations – not taxpayers – foot the bill for the disasters these corporations cause. Here are some examples:

Thanks to "tort reform," Michigan has the nation’s only absolute drug industry immunity law. If a drug kills or injures you or a family member, you have no recourse. Even if the manufacturer knew the drug was likely to kill or injure, your constitutional right to take that drug maker to trial has been taken away. So who pays for the costs of these injuries and deaths? Taxpayers.
Michigan was ranked by auto insurance corporations as having the safest drivers in the nation, yet we pay some of the nation’s highest premiums. Why? "Tort reform" laws that protect the insurance industry and cost you hundreds and thousands of extra dollars each year.
Thanks to tort reform, if a blind person using a handicapped public bathroom is injured due to a dangerous condition, there is nothing the blind person can do to hold the negligent property owner accountable. A tort reform law says that the blind person "should have seen" the dangerous condition.
In Michigan, the authorities we created to provide us with safe roads have "no duty" to make sure that traffic lights do not shine green in all four directions, or to replace missing stop signs. If such a defective traffic light causes a fatal accident and is not fixed, thus causing another such fatal accident, tort reform says there is still no accountability. And again taxpayers foot the bill.

Michigan is the most "tort reformed" state in America. It is time to stop this insanity. It is time to admit that we have been fooled. Tort reform is as phony as PRI’s "research" and their studies.

Tort reform is not the solution to our current crises – it is one of the primary causes.

Robert M. Raitt is past president of the Michigan Association for Justice.

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2010-04-16T08:19:00.001-07:00

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Truck Accidents: Licensing Fraud

2010-01-29T15:07:00.000-08:00

To drive a big rig - an 18-wheeler - you need a commercial driving license and special training. When a big rig is loaded it can weigh as much as 80,000 pounds, which means the driver must know exactly how to control it so as to avoid truck accidents.

In recent years, there have been more fraudulent licenses issued. The federal government has been investigating and has found licensing fraud in 24 states. In some instances, licenses are sold; in others they are issued by a fraudulent school. At least 21 investigations have been conducted in 13 states, according to one Brian Dettelbach, an official of the U.S. Transportation Department.

Fraud Investigations
In 1998 investigators began looking into an Illinois scandal of licenses for sale and this led to 75 people being convicted, 1,000 truckers being re-tested, and a prison term for Governor Ryan on federal corruption charges. According to federal officials, at least nine people have been killed by truckers who reportedly obtained their licenses illegally in Illinois, and many others have been injured.

Other investigations have taken place in Florida, where 12,500 truckers have been called in because they got their licenses through illegal third-party testers. An Orlando trucking school was shut down after illegally "qualifying" more than 2,000 drivers. Testing scams involve drivers being given the answers ahead of time, being given short versions of the test, or having other people take the test for them.

More Big Rigs and More Risk
The number of trucks on our highways has increased greatly in recent years. In 1980 there were about 20,000 interstate trucking companies and now there are about 564,000. While there were about 200,000 truckers on the roads in 2002, now the trucking industry estimates that there are more than 1.5 million.

Although Illinois, Florida, Missouri, and perhaps other states have tightened state control over private trucking schools and third-party testers, 1.5 million truckers on the road means that thousands of them are unqualified and unskilled and posing danger to everyone else on the roads.

If you or a loved one has been hurt by an unqualified trucker, you may well have a valid legal case. We invite you to contact us today to schedule a free consultation with one of our truck accident attorneys. We serve the areas of Flint, Saginaw, Traverse City and Lansing, Michigan.

Duties of a Rehab Nurse

2010-01-20T15:06:00.000-08:00

A rehabilitation nurse is one who specializes in helping disabled or chronically ill people to optimize their functioning. Rehab nurses may help people to adapt to a new lifestyle based on their disabilities and they may provide counseling and education to family members or serve as an advocate for the family.

As a nursing specialty, rehab nursing began in the 1940s, with the polio epidemic and the need for veteran care after WWII. In 1973, the Rehabilitation Act was passed and public awareness of the needs of disabled people began to expand.

A rehab nurse can operate in many settings, such as:

Long-term care facilities
Hospitals
Schools
Insurance companies
Community facilities
Outpatient care facilities
Private medical practices

Rehab nurses must be RNs with at least two years of experience in rehab nursing and must be certified by the Rehabilitation Nursing Certification Board, first developed by the Association of Rehabilitation Nurses. They have specific training through continuing or graduate education programs in nursing people disabled by strokes or chronic disease, to help them regain as much independence as possible and avoid any medical complications.

Usually, rehab nurses work as part of a rehab team, coordinating their patient care with the work done by other team members, such as physical therapists, speech therapists, doctors, respiratory therapists and occupational therapists. They begin their work with each patient soon after the disability begins, whether it is from an accident or trauma, from a progressive disease such as multiple sclerosis, or from a health incident like a stroke that paralyzes one side of the body.

Part of the rehab nurse's duties is to manage the patient's case. That involves charting, coordinating the team effort and informing and educating family members.

Please contact our law office if you have a disabled loved one who is not receiving proper care. We will be happy to schedule a free consultation for you. We work with Workers' Compensation cases where a disabling injury is sustained on the job; and with people severely injured in automobile accidents, motorcycle accidents and other types of accidents. Our office serves Flint, Saginaw, Traverse City, and Lansing in Michigan.

Understanding Workers’ Compensation

2010-01-11T15:03:00.000-08:00

In general, Worker' Comp is a type of insurance that provides benefits for people injured on the job. It requires that you give up your right to sue your employer for negligence. If you are hurt on the job, you must seek compensation only within the structure of your state's Workers' Comp program. Fault is not an issue - that is, you do not have to prove that your employer was negligent.

If you are severely injured and cannot work for a while, you can receive disability payments instead of wage or salary and you can receive reimbursement of your medical costs. If a person is killed while working, the family can receive benefits. So Workers' Comp has aspects of disability insurance, health insurance, and life insurance. However, you cannot receive any damages for pain and suffering, as you would in a negligence lawsuit; nor can you receive any punitive damages.

The first Workers' Comp laws were passed in Europe and Australia; then the U.S. followed suit. Each state runs its own Workers' Compensation program with its own specific rules. Michigan has a website for its Workers' Compensation Agency where you can read about benefit amounts, surveys, disputes, travel and mileage reimbursement rates, changes in hearings or forms, etc.

If you are injured on the job, you must fill out an Employee's Report of Claim form and give it to your employer, who must then fill out an Employer's Basic Report of Injury. You will receive a copy of it and if you notice any errors, you should point them out to whoever prepared the form. There may be a hearing. If any disputes arise between you and your employer, the Michigan agency can provide a mediator, and if there are any language difficulties, they can provide a translator and/or interpreter.

Please see our pages on Workers' Compensation Frequently Asked Questions and Employment Law for more details.

The whole Workers' Comp claim procedure is bureaucratic and involves correctly filling out paperwork. It can be a lot easier for you if you have one of our experienced Workers' Comp lawyers helping. If you would like to schedule a free consultation, please contact our law office today. If you are too injured to come to us, we can go to you.

FELA for Railroad Workers

2009-12-30T12:38:00.000-08:00

Are you a railroad worker who has been injured on the job?

If so, you probably already know that you have personal injury compensation rights under the U.S. law called the Federal Employers' Liability Act, or FELA.

Under the rules of FELA, railroad employees may be able to receive financial compensation for not only medical expenses, but loss of wages and future wages, loss of quality of life, partial and complete disability, and pain and suffering.

To ensure you are receiving all of the damages you are eligible for under FELA, it can be a good idea to consult with an experienced FELA lawyer right away.

Here are a few tips for choosing the right FELA lawyer for your needs:

It can be beneficial to find a FELA attorney who has significant FELA trial (not just settlement) experience.
Look for firms who have verifiable FELA and employment law success stories and substantial monetary settlements.
Ask questions about how long the firm has been handling FELA cases and what specific experience the attorneys on staff have with FELA and railroad law.

If you have been injured on the job and you work for a railroad company, the Michigan FELA attorneys at Jay Trucks & Associates, PC can help answer your questions with a no-cost initial FELA injury consultation. Please contact us today at 1-800-762-8623.

Common Job Injuries

2009-12-23T12:36:00.000-08:00

Chances are, you or someone you know has been injured on the job at some point.

Unfortunately, a job injury is an all-too-often occurrence, and perhaps even more unfortunate is the fact that these types of accidents are usually avoidable and the result of an employer or other third party's negligence.

Some of the most common types of serious job injuries reported are:

Traumatic brain injury
Back/spinal cord and neck injury
Broken bones
Soft tissue damage
Loss of limbs
Wrongful death

What to Do if You Are Injured at Work

Report your injury to your immediate supervisor and your union steward
Accept medical treatment as soon as possible
Get the contact information of any witnesses
Ask for copies of the injury report from your supervisor and union steward
Make copies of any workers' compensation forms you complete
If possible, take photographs using your cell phone of the injury site

It is important that you know all of your options regarding job injury compensation. For instances, you are likely eligible for Workers' Compensation benefits, but you may also be able to get additional compensation through a third-party claim or premises liability lawsuit.

For more information on job injuries, please contact Jay Trucks & Associates, PC's Michigan job injury attorneys at 1-800-762-8623.

What is FELA?

2009-12-18T12:34:00.000-08:00

If a railroad employee is injured on the job, his or her ongoing right to compensation is governed by a federal law called the Federal Employers' Liability Act, or FELA.

With FELA, railroad workers who suffer a personal injury can seek financial compensation for factors such as:

Medical costs
Rehabilitation expenses (physical, emotional, occupational)
Loss of wages
Loss of future income
Pain and suffering
Loss of quality of life
Partial and permanent disability

FELA, generally speaking, can often provide more opportunities for compensation than traditional Workers' Compensation benefits. However, to recover damages under FELA, it is necessary to prove some form of negligence on the part of the railroad company.

The original FELA law was passed in 1908 in response to the large amount of railroad worker deaths that were occurring.

The types of worker injuries that fall under FELA can range from catastrophic brain injuries caused by an employee-train collision to the unseen injuries from ongoing exposure to toxic solvents.

If you live in the Saginaw, Flint, Traverse City or Lansing areas, please contact the Michigan FELA attorneys with Jay Trucks & Associates, PC at 1-800-762-8623.

Traumatic Brain Injuries

2009-12-14T12:32:00.000-08:00

A traumatic brain injury, or TBI, can happen to anyone, anywhere. And unfortunately, TBI just happens to be one of the most severe types of personal injury.

It is estimated by medical authorities that more than 1 million U.S. citizens suffer with traumatic brain injuries every year. Each of those individuals with a TBI personal injury will likely suffer long-term effects, including not only physical challenges, but emotional and cognitive problems, as well.

How are Traumatic Brain Injuries defined?

A traumatic brain injury is an injury that is caused by an external blow to the head or a penetration of the skull, which ends in damage to the brain.

TBIs can be caused by automobile accidents, motorcycle accidents, truck accidents, workplace accidents, violence, medical errors and more. A victim of traumatic brain injury might lose consciousness at the time of the accident or the symptoms may not develop until several days or weeks after.

TBI symptoms can include (but are not limited to):

Headaches
Abnormal fatigue
Dizziness/balance problems
Eyesight problems
Memory loss
Seizures
Inability to concentrate
Irritability, anxiety, depression and other mood changes
Changes in hearing or sense of smell
Sleep disturbance
Cognitive changes

Do you need more information on traumatic brain injuries and potential compensation for a personal injury? Please get in touch with our Michigan traumatic brain injury lawyers at Jay Trucks & Associates, PC at 1-800-762-8623.

Truck Accidents due to Truck Driver Fatigue

2009-12-09T12:31:00.000-08:00

Did you know that one of the most common causes of large truck accidents (also called 18-wheeler or semi-truck accidents) is truck driver fatigue?

In fact, the Federal Motor Carrier Safety Administration has estimated that 20,000 people are injured annually in truck accidents because of trucker fatigue.

Let's face it, truck drivers work long hours behind the wheel and are often challenged to meet unrealistic, tight deadlines.

All of this is true despite rigorous federal trucking laws aimed at protecting truck drivers, and those of us who share the road with them, by limiting drive-time periods that occur without a sleep break.

If you or someone you love has been injured in a truck accident, you will need an experienced and highly skilled truck accident attorney to help you get the answers you need.

Details from the accident scene, the truck driver's official logs and more will need to be critically investigated by a dedicated team of legal professionals.

Residents of Flint, Lansing, Traverse City or any community in Michigan, please contact the truck accident lawyers at Jay Trucks & Associates, PC via this toll-free phone number: 1-800-762-8623.

2009-12-03T12:29:00.000-08:00

Dogs can truly be our "best friends." But when dogs become aggressive, they can cause serious personal injury to their victims.

Injuries from dog bites range from relatively simply scratches, bruises and scrapes to severe muscle/ligament tearing, broken bones, infection, puncture wounds and even the necessary amputation of a limb. Wrongful death can even be a result of a dog attack.

Dog bite injuries most often occur on the property of the dog owner, and that means the property owner can, in many cases, be held accountable for premises liability.

What to Do if You Are Injured by a Dog

Get medical attention as soon as possible.
Get the contact information of the dog's owner and any witnesses.
In addition, get the contact information of the owner of the property where the injury happened, if different than the dog's owner.
Ask the dog's owner for rabies vaccination documents.
File a report with the local police department.
Photograph your dog bite injuries and torn clothing.

Another important step is to contact an experienced dog bite injury lawyer, who can review your case and offer sound advice when you need it most.

If you or someone you love has been injured by a dog and you live in the Michigan communities of Flint, Saginaw, Traverse City or Lansing, please contact the Michigan dog bite lawyers at Jay Trucks & Associates, PC at 1-800-762-8623.

Automobile Accidents

2009-11-27T08:41:00.000-08:00

Car accidents occur very often on the roads today. In fact, most people will be involved in some type of automobile accident during some time in their diving career. If you have been in a car accident, you may be entitled to receive compensation. The laws governing car accidents differ from state to state, which is just one reason seeking advice from an attorney is crucial.

After you are involved in a car accident, an insurance adjustor representing the other drivers involved will most likely contact you and seek to get a statement from you over the phone. They may even make you an immediate offer in an effort to settle the case. What you must remember, however, is that you are in no way obligated to speak to any insurance adjustors. If you are not represented by counsel, simply refuse to talk to them, and if you are, refer them to your attorney.

Insurance companies will do everything in their power to deny you the compensation you deserve. If they do make you an initial offer, it is most likely much, much less than you are entitled to receive. Insurance companies are business, seeking to make a profit. The quicker they get rid of your case, the less money it costs them. Any offer they may make is in an effort to pay out as little money as possible to you.

The experienced car accident attorneys at Jay Trucks & Associates, PC can help you during this difficult time. Please contact our office to schedule a confidential, no-cost consultation. We have served residents in Flint, Saginaw, Traverse City, Lansing and surrounding areas of Michigan.

Workers’ Compensation

2009-11-24T08:40:00.000-08:00

Workplace injuries and developing illnesses that result from your work environment are an all-too-common occurrence. Being unable to work and provide for your family is a frightening experience, but the government does provide benefits for those who are unable to work as long as certain requirements are met.

To be perfectly honest, the Workers' Compensation system is a very complex system of paperwork, deadlines, documentation, doctors' statements, and it can be very difficult to understand exactly what you are to do to file for Workers' Compensation benefits. That is where the experienced attorneys at Jay Trucks & Associates come in. We have handled these cases for years and have helped hundreds of Michigan residents receive the benefits to which they are entitled following their injury or illness. We can help you, too.

There is no way we could possibly cover all that you need to know about benefits eligibility in this short blog, so we invite you to read our pages on Workers' Compensation and schedule a consultation with one of our attorneys. We also have a link to the Employees Report of Claim for you to examine.

If you are too injured to work, you have enough to deal with and plenty to worry about; please let us help you pursue the collection of Workers' Compensation benefits.

Please contact Jay Trucks & Associates, PC today to schedule a confidential, no-cost consultation. We serve residents in Saginaw, Flint, Traverse City, Lansing and surrounding areas of Michigan.

Michigan Dog Bites

2009-11-18T08:39:00.000-08:00

No one can possibly tell which dogs will attack and which will not. All dogs can bite once they are provoked—even the most mild mannered of dog and breeds. When if you know a friend's or neighbor's dog, you should follow some very important safety tips:

Always ask the owner's permission to pet the dog
Approach a dog slowly and quietly. No sudden movements
Allow the dog to sniff the back of your hand before trying to pet it
Do not touch a do while he is eating or sleeping
Be careful around a mother who has puppies as they are very protective of their litter
Do not stare a strange dog in the eyes
Never leave a baby or small child alone with a dog

Some general things you should explain to your children are:

Not all dogs that wag their tails are friendly
Never approach a stray dog
Do not tease a dog
Do not make loud noises around a dog
Don't reach for a dog through a fence
Keep your face away from dogs

If you live in Michigan and have suffered a dog bite, please contact the dog bite attorneys at Jay Trucks & Associates today to schedule a confidential consultation.

Workplace Injuries

2009-11-16T14:20:00.000-08:00

Workplace injuries and illnesses are troubling for employees and their families. Workplace accidents cause millions of on-the-job injuries and illnesses every year in the United States.

More than four out of ten injuries in the workplace were from sprains and strains involving falls and overexertion. Other common workplace injuries and illnesses are cancers from exposure to hazardous materials, musculoskeletal disorders, respiratory diseases and hearing loss. Asbestos-related diseases such as mesothelioma and asbestosis caused by exposure to asbestos fibers are also seen frequently. Trauma from work-related car and truck accidents and severe burns are responsible for many on-the-job catastrophic injuries.

You must report, in writing, any injury or exposure to a hazardous substance suffered during your workplace duties as soon as possible to your employer. Document your injuries and maintain a record of all medical fees and out-of-pocket expenses you incur due to the accident or exposure.

You may be entitled to financial compensation for your injuries suffered on-the-job. For many victims injured in the workplace there may be multiple sources for you to be financially compensated in addition to Workers' Compensation. Do not make any statements about your injury to anyone but your own legal advisor.

We encourage you to please contact the experienced workplace injury attorneys at Jay Trucks & Associates, PC, serving Clare, Flint, Saginaw, Traverse City and Lansing, Michigan to schedule a no cost to you confidential consultation to protect your legal rights and obtain the financial compensation you are entitled to.

Workers’ Rights

2009-11-11T14:19:00.000-08:00

The American worker has certain basic rights to a safe and healthy workplace and fair work conditions for all. In some cases these basic rights are being violated.

You are entitled to certain legal protections in the workplace including not being discriminated against because of your race, national origin, skin color, gender, religion, age or any disabilities or medical conditions. You have the right to fair pay, to be paid at least the minimum wage plus overtime for any hours worked over forty in one week or over eight hours in one day. You have the right to have an uninterrupted meal break for thirty minutes in an eight hour work period and two ten minute rest breaks every four hours worked.

It is important you know your rights so you know when your rights are being violated. There are steps to take if you feel your rights have been violated that should be taken without fear of retaliation or harassment. There are laws in place to protect you, and serious penalties for employers who violate your rights.

Please contact the experienced workers' rights attorneys at Jay Trucks & Associates, PC in Clare, Michigan today to schedule a confidential consultation at no cost to you to evaluate your case and determine if your rights were violated and what legal options are available to you.

DUI/OWI Laws and Punishment in Michigan

2009-11-06T14:18:00.000-08:00

If you refuse a breath, blood or urine test after an arrest for OWI (operating while impaired), OMVI (operating motor vehicle impaired) or another alcohol related charge in Michigan, your license may be suspended if you do not demand an administrative hearing within fourteen days of your arrest.

There are three distinct drunk driving offenses in the state of Michigan. The first is operating under the influence of intoxicating liquor, the second is driving with an unlawful bodily alcohol level and the third is operating while impaired.

A conviction or guilty plea for these offenses results in fines, jail time and community service time. Multiple offenses increase the punishments and a third offense becomes a felony punishable by one to five years in prison and a $5,000.00 fine. In addition, a convicted persons' license will be suspended or revoked for varying periods of time and their vehicle will be confiscated no matter who it belongs to.

An experienced attorney at Jay Trucks & Associates, PC, can make certain your case is reviewed for defects and defenses to protect your legal rights.

If you have questions and concerns regarding an alcohol related offense, please contact the law offices of Jay Trucks & Associates, PC in Clare, Michigan, serving Flint, Saginaw, Traverse City and Lansing, Michigan to schedule a confidential consultation so we can assist you in this matter.

Social Media Rights and Restrictions

2009-10-22T10:04:00.001-07:00

Social media sites allow you to keep in contact with friends, exchange information with classmates and co-workers around the world and even introduce yourself to large audiences or celebrities that were never accessible to you before.

Prior to creating a Facebook page, setting up a Twitter account, or broadcasting YouTube, you must have a good idea of what you want to accomplish and what the "rules" are.

Social media sites are meant to connect people to each other, but Internet imposters are using social media networking sites to bilk victims of thousands of dollars through diabolical scams. Recently the FBI issued a warning to consumers regarding these scams. Internet criminals have hijacked accounts on social networking sites and spread malicious software as well through a variety of techniques.

You should never send money to anyone using Western Union unless you do not care where your money will wind up. Do not trust your e-mail even if it comes from someone you know. Unexpected offers, greeting cards or solicitations should be treated with total skepticism. Do not click until you call to verify the source.

As more and more people hop on the social media bandwagon, the number of victims of Internet crimes will surely increase. Putting yourself "out there" will allow more people access to your personal and financial information. To protect yourself from identity theft and other Internet crimes, please learn about the rights and responsibilities that accompany these social media web sites. Don’t tweet before you know what tweeting is all about.

If you have been a victim of a social media scam, please contact the attorneys at Jay Trucks & Associates, PC in Clare, Michigan to learn what you can do to protect your legal rights.

What is a Contingency Fee?

2009-10-16T10:02:00.000-07:00

A contingency fee refers to a fee that is payable to an attorney only when the result is favorable to the client. Certain attorneys are willing to work on a "contingency fee basis," which means no legal fees are payable unless and until there is a successful resolution to your case. The attorney is then entitled to a certain previously agreed upon percentage of the financial compensation you receive. No legal fee is owed in the event of an unsuccessful result.

For example, a contingency fee agreement allows those who have been injured as a result of an automobile accident or medical malpractice to obtain legal representation when they do not have the resources to hire an attorney at the beginning of a lawsuit.

The most common cases handled on a contingency fee basis are accident and personal injury lawsuits. When you suffer an injury due to the negligence or actions of someone else, you are entitled to financial compensation for the damages and losses you have suffered. A contingency fee agreement makes it possible for you to obtain quality legal representation no matter what your financial status may be.

The law firm chosen to represent you on a contingency fee basis must have the experience and financial resources to pursue your claim to a successful outcome.

Please contact the law offices of Jay Trucks & Associates, PC of Clare, Michigan serving Flint, Saginaw, Traverse City and Lansing, Michigan to schedule a confidential initial consultation to discuss and evaluate your case.

Settling vs. Going to Trial

2009-10-13T10:01:00.000-07:00

A study of civil claims finds most plaintiffs who go to trial instead of agreeing to a settlement, often receive less money than was offered in the settlement. The study further reveals the plaintiff who went to trial did not fare as well as if they had settled in over 61% of the cases.

There are many reasons why someone may refuse to settle a lawsuit. One very common reason is they do not really comprehend the consequences of a loss at trial and for others they just cannot let go of the emotion to not give up the fight no matter what the outcome may be. In some cases the fees and costs of going to trial may be higher than the amount of the award if they do win.

Emotions should not be part of your decision to settle or go to trial. Make certain you are aware of all fees and costs associated with your decision to go to trial and be sure to communicate with your attorney often and openly about your willingness or unwillingness to consider a settlement offer.

By contacting the experienced, dedicated and compassionate attorneys at Jay Trucks & Associates, PC serving Flint, Saginaw, Traverse City, Clare and Lansing, Michigan today, you will be assured of receiving the best legal representation and advice available to address your problem.

Civil vs. Criminal Cases

2009-10-09T10:00:00.000-07:00

Civil and criminal cases both involve disputes about the responsibilities and rights of individuals, but the possibility of losing one's freedom or life is what distinguishes criminal penalties from civil penalties. The defendant in a civil case is never imprisoned or executed but is made to reimburse the plaintiff for losses the defendant is responsible for. The notion of guilt or innocence applies only to a criminal case where the defendant can be ordered to pay a fine or be sentenced to probation, jail time, prison or execution.

Since the penalties in a criminal case are more severe than in a civil case, criminal defendants have more rights and protections under the law than civil defendants.

In a civil case an individual or entity files a lawsuit, and becomes the plaintiff with the burden of proof on the plaintiff in most instances. In a criminal case the litigation is filed by the government who is referred to as the prosecution. The burden of proof is always on the state having to prove the defendant guilty as the defendant is always presumed innocent in a criminal case.

The degree of proof required in most civil cases is said to be a "preponderance of evidence", while in a criminal case the degree of proof required is said to be "beyond a reasonable doubt". The attorneys at Jay Trucks & Associates, PC are available to advise you and offer the best legal representation possible for your problems.

To learn about your legal rights, please contact the law offices of Jay Trucks & Associates, PC in Clare, Michigan to schedule a no cost to you confidential consultation with an experienced attorney.

Workplace Discrimination

2009-10-06T09:59:00.000-07:00

Discrimination in the workplace based on race, color, religion, age, gender or disability is prohibited by federal and state anti-discrimination laws. Still, millions of people nationwide face these kinds of discriminatory practices every day and are cheated out of wages, denied basic healthcare coverage and are victims of racial profiling.

Discrimination is defined as treating a person in a different way because of their age, race, gender, religion, disabilities or national origin. Many cases of workplace discrimination go unreported, but there are strict federal laws in place to protect workers from discrimination in the workplace and severe penalties for employers who practice it or allow it.

Anyone can find themselves the victim of discrimination in the workplace. An older employee may be passed over for a promotion to provide an opportunity for a younger person with less experience or an individual with a chronic illness or medical condition may be judged as unable to perform their duties due to their condition.

There are legal remedies if you feel you have been discriminated against in the workplace. Many people hesitate to file a complaint of discrimination for fear of retaliation or harassment. If you feel you face retaliation for coming forward about discrimination in the workplace, the dedicated and compassionate attorneys at Jay Trucks & Associates, PC can help you.

Please contact the experienced workplace discrimination attorneys at Jay Trucks & Associates, PC, serving Clare, Flint, Saginaw, Traverse City and Lansing, Michigan.

Wage, Hour and Overtime Issues

2009-10-02T09:56:00.000-07:00

Wage, hour and overtime violations are committed daily by employers nationwide who are either unfamiliar with or do not respect Fair Labor Standards Act (FLSA) regulations.

Wage, hour and overtime issues are complex, but the law puts the burden on employers to make sure their workers are fully compensated under the law. The most common violations include failure to pay overtime, denial of meal or rest breaks, minimum wage violations and delayed payment of compensation.

Some employees are exempt from receiving overtime pay, such as certain administrative, executive or professional employees, but some employers deliberately misclassify an employee as exempt from overtime pay to deny them their entitled compensation.

With very few exemptions workers are entitled to the current minimum wage, an uninterrupted, unpaid meal break of thirty minutes during an eight hour work-period and two uninterrupted, paid, ten minute rest breaks for every four hours worked. Thousands of workers have been affected by lost wages due to unpaid overtime, unpaid meal breaks and being forced to work "off the clock". Jay Trucks & Associates, PC are experienced attorneys in wage, hour and overtime violation law who can assert your legal rights and provide you with a remedy for your situation.

If you believe your employer has violated wage, hour or overtime laws, please contact the law offices of Jay Trucks & Associates, PC serving Flint, Clare, Saginaw, Traverse City and Lansing, Michigan today.

Importance of Estate Planning for Nursing Home Residents

2009-09-30T12:24:00.001-07:00

In addition to the difficult decision to place your loved one in a nursing home is the importance of making sure other aspects of their care are in order. This includes estate planning, will, and power of attorney. By ensuring these areas are clear, you can protect your relative from potential nursing home abuse.

Estate Planning

Estate planning are the plans your family member makes in the event he or she ever becomes too ill to inform you of their wishes or dies. Financial decisions, medical treatment, durable power of attorney, and wills and trusts are all part of estate planning. These documents will make clear what your relative wants prior to entering a nursing home with regard to person and property.

While you may have some knowledge about what your family member wants prior to entering a nursing home, documents that state those wishes explicitly will help in specific circumstances. These documents are called advance directives. For situations that are unexpected, it is best that durable power of attorney is granted by your relative. This allows the attorney to make decisions regarding treatment in the event of worsening health or other emergencies.

Financial Decisions

Financial abuse and exploitation is one of the sad hallmarks of the broad umbrella of nursing home abuse. By having a written will before entering a nursing home, property is protected with a trust. This is especially important if your loved one can no longer manage his or her finances, and protects them from nursing home employees who may try to gain access. By simply having a trust, your relative may become less of a target for financial exploitation.

If you would like to speak to an attorney about estate planning or have a relative who has become the victim of nursing home abuse in the Flint, Lansing, or Saginaw, Michigan area, please contact the attorneys at Jay Trucks & Associates, P.C. today.

Slip & Fall

2009-09-28T11:01:00.000-07:00

Individual home owners, land owners, and commercial businesses all have a responsibility to keep the public safe. For example, if you own a home, you are responsible for making sure your sidewalk is shoveled in the winter. Premises liability is a term used to describe the laws that hold business owners and homeowners accountable for the safety of their property.

If you are a homeowner and someone is hurt while on your property, you can be held accountable. One important fact to know is that it is not necessary for you to have invited that person onto your property in order for you to be held accountable for his or her injury. It must be shown that the homeowner knew about the condition and failed to fix it, or that the problem had existed for so long, the homeowner reasonably should have known about it and failed to fix it.

If you were on someone else's property and were injured, you can hold either the homeowner or business owner responsible, and you may be entitled to receive damages covering your lost wages, medical bills, and numerous other expenses.

Premises liability laws are not as easy and straightforward as they sound, and each and every case is different and unique. The first thing you should do, however, even if you are unsure whether or not you have a case, is to contact an attorney.

If you live in Flint, Saginaw, Lansing or Traverse City, Michigan, and have been injured on someone else's property, or if someone has been injured on your property, please contact the experienced premises liability attorneys at Jay Trucks & Associates, PC today to schedule your initial consultation.

The Popularity of Motorcycles

2009-09-25T10:59:00.000-07:00

There have always been motorcycles on the road. Biker men and women were in a league of their own, always riding in large groups, all wearing black leather. The vision we have of bikers is changing more and more drastically these days, however.

With the skyrocketing gas prices, and the struggling economy, more and more people are finding riding on two wheels as opposed to four much more enticing. Motorcycles are no longer for the "biker" men and women, but even for the family man, or the soccer mom. Motorcycles can get anywhere from 50 - 75 miles per gallon, as opposed to the average 30 miles per gallon that vehicles get. When you're paying $4 per gallon, the savings sure do add up.

It is important to do your research on this topic, however, before you go out and get that new motorcycle. There are numerous other expenses that people often forget to consider. One, insurance. It costs far more to insure a motorcycle than it does a sedan. Also, maintenance. Car tires last far longer than motorcycle tires, and you're going to end up replacing your motorcycle's tires about three times more often than you would your car's. Not to mention the safety gear you're going to have to buy. And don't forget the safety factor. Cars are much, much safer than motorcycles.

Although the difference in initial sticker price and gas may be very enticing, you might be better off buying a small sedan.

If live in Flint, Saginaw, Lansing or Traverse City, Michigan and have been involved in a motorcycle accident, please contact the experienced attorneys at Jay Trucks & Associates, PC today.

Defective Motorcycles

2009-09-23T10:58:00.000-07:00

Defective products lead to injuries and deaths every day in this country. The Consumer Product Safety Commission is charged with protecting the public from products that can cause undue harm or injury. There are products, however, that are normally perfectly safe, if they are designed and manufactured correctly. Motorcycles can be fun and safe modes of transportation. However, if the manufacturer is negligent when creating the motorcycle, or something on the motorcycle is defective, the consequences can be tragic.

Motorcyclists rely on their bikes to operate properly. You can take care of your bike, get it routine maintenance, and always drive it very safely, and still be injured due to someone else's negligence. Every single part of a motorcycle is vital to your safety, and if one part fails to work properly because of the manufacturer's error or a design flaw, resulting in your injury, you may be entitled to receive compensation.

Motorcycle accidents can result in a number of injuries, including:

Traumatic brain injuries
Death
Broken bones
Burns
Spinal cord injuries

Suffering these types of injuries can change your life forever. If the accident was caused by a defective part in your motorcycle, you can hold the manufacturer liable and can recover damages.

If you are a resident of Michigan and have been injured due a defective motorcycle, please contact the experienced motorcycle accident attorneys at Jay Trucks & Associates, PC today.

Workplace Discrimination

2009-09-07T10:54:00.000-07:00

In order to know what to do about workplace discrimination, you must first understand what it is. Workplace discrimination occurs when an employee is treated unfairly because of his or her race, gender, age, nationality, or other legally protected characteristic. Discrimination also occurs if an employee is treated unfairly or reprimanded because he or she made a complaint for or reported an instance of discrimination.

Workplace discrimination can be difficult to prove because it is so subjective. It has to be shown that the unfair treatment was due to race, gender, etc., as opposed to poor work performance. An employee who is subject to discrimination may be entitled to receive compensation for a number of things, including:

Lost wages
Pain and suffering
Reinstatement (if the employee was fired)
Punitive damages (damages awarded in order to punish the offending party)

There is a statute of limitations in discrimination cases. That means that you have a certain amount of time after the incident in order to pursue legal options. In most states that statute of limitations is 180 days.

If you believe you have been a victim of workplace discrimination, immediately file a report and talk to your employer about it. If your employer does not seem to take adequate action, then consult an attorney as soon as possible.

If you or a loved one has been the victim of workplace discrimination in Michigan, please contact the experienced employment law attorneys at Jay Trucks & Associates, PC today.

Consumer Fraud

2009-09-02T10:51:00.000-07:00

We hear stories of people being taken advantage of through consumer fraud every year. There are countless scams that thieves use in order to cheat thousands of people out of their hard earned cash. With increasing dependence on the Internet and technology, scam artists do not even have to meet you in order to scam you. We all receive countless spam e-mails every day from people claiming to be able to send us millions of dollars, of course, we have to send them a check for processing fees first. These sorts of scams are increasing in popularity, and it is very important that you know what your rights are, and how to protect yourself against consumer fraud.

There are certain steps you can take to avoid becoming a victim of consumer fraud. One is to be informed. Keep yourself aware of the new scams that con artists are using. A knowledgeable consumer is harder to trick. Also, be very careful when using the internet; be sure to protect all of your personal information that is stored on your computer.

If you receive an e-mail from someone you don't know, who is asking for your personal information, delete the e-mail immediately. Even if the e-mail looks real, and has a logo on it from, for example, your bank, do not give out any information. If you are unsure whether or not the e-mail is legitimate, simply call the business and inquire first. It is very, very rare for businesses to contact you via e-mail and ask for your personal information, and more often than not it is a scam. Taking five minutes to call and double-check that the e-mail is valid could save you from years of headaches.

There are numerous laws in every state that serve to protect the victims of consumer fraud, and you may be entitled to compensation if you have been the victim of consumer fraud.

If you or a loved one has been the victim of consumer fraud in Flint, Saginaw, Lansing or Traverse City, Michigan, please contact the experienced attorneys at Jay Trucks & Associates, PC today.

Guarding Yourself Against Defective Drugs

2009-08-28T13:27:00.000-07:00

If you watch even one hour of television per day, your are more than likely to see a commercial for Gardasil. Gardasil is a vaccine that is used to protect young girls and women from the human papillomavirus. The human papillomavirus causes cervical cancer and other diseases. Drugs like these, however, are often released for use in the public, and subsequently recalled due to unforeseen side-effects.

The Food and Drug Administration (FDA) is charged with protecting the public from the release of drugs that can be dangerous. Frequently, however, the FDA approves drugs for use, and years later comes to find that they are, in fact, dangerous, and issues a recall. However, all too often these recalls come far too late and millions of people have already suffered from injuries caused by the taking of these defective drugs.

Gardasil has the potential to become one of those defective drugs, as it has recently been linked to Guillain-Barre syndrome. Guillain-Barre syndrome is a rare nervous disorder. Although no recall has been issued yet, there have been many of these types of vaccines and drugs that have been released, only for their dangerous side-effects to become apparent years later.

Defective product laws are intended to hold companies, including drug companies, who manufacture defective products, accountable for the injuries they cause. You may be entitled to receive compensation for a number of expenses, including medical expenses, if you have taken a drug that was approved by the FDA and subsequently caused you to suffer injuries.

If you or a loved one has been injured due to a defective drug, please contact the experienced defective product attorneys at Jay Trucks & Associates PC in Michigan today.

The Safest Cars

2009-08-24T13:26:00.000-07:00

The news of historic lows being reported by car makers such as GM and Ford is often attributed to the struggling economy. However, those who study car safety attribute it to the fact that GM and Ford have failed to keep up with the competition where safety is concerned. When you set out to buy a new vehicle there is probably nothing more important than safety. Even with today's struggling economy, safety is trumping low prices. Automobile accidents are extremely common on our highways, and cause a number of injuries, including death.

Forbes released its list of the safest cars on the road earlier this year, and only one vehicle made by GM was included in that list. Ford missed the list completely. According to Forbes, midsize cars and SUVs are the safest cars on the road these days. Superior technology and construction were two of the leading factors that lead Forbes to declare which cars were the safest. Those brands that were featured the most on the list were foreign-based carmakers Honda, Acura, and Subaru.

While some carmakers are concentrating on making smaller, more fuel efficient vehicles, they are far less safe than midsize cars and SUVs. Smaller vehicles provide less protection for their driver and passengers. The farther away the front of the vehicle is from the driver, the less severe the injuries are when involved in an accident, according to the Institute for Highway Safety (IIHS).

If you or a loved one has been injured in an automobile accident in Flint, Saginaw, Lansing or Traverse City, Michigan, please contact the experienced automobile attorneys at Jay Trucks & Associates PC today.

Driving While Under the Influence of Texting

2009-08-18T13:24:00.000-07:00

A train crash last year in California injured 135 and killed 25 people. Your initial thought is probably that the train conductor was drinking. However, it was texting that was to blame. There have been numerous crashes around the country recently that have been attributed to texting while driving. The New York Times published a story last month about a study released by the Virginia Tech Transportation Institute stating that texting increases the risk of a crash by over 20 percent.

Currently, 14 states have laws that ban texting while driving. The problem of driving while texting is so serious that there are numerous legislators in Washington, D.C. trying to pass a bill currently before the Senate that would require states to ban texting while driving, or face the loss of 25 percent of their highway funds. The Transport Research Laboratory in the United Kingdom has even released as study showing that driving while texting is more dangerous than driving while under the influence of alcohol or marijuana.

Car accidents result in a number of injuries, including death. Distractions, such as cell phones, are a serious contributing factor to automobile accidents. Texting not only requires you to look down at your phone, but also requires movement of your fingers, which means you are not looking at the road, and you only have one hand on the wheel - a disastrous combination.

If you or a loved one has been injured in an automobile accident in Flint, Saginaw, Lansing or Traverse City, Michigan, please contact the experienced automobile attorneys at Jay Trucks & Associates PC today.

Seat Belts and Car Accidents

2009-08-12T13:22:00.000-07:00

Every day we get into our car to go to work, to go to the grocery store, to take our kids to school, or just to run our errands. Driving is a part of almost everyone's daily life. What we do not anticipate is that we will get into our car and be involved in a devastating car accident. Automobile accidents are extremely common on our roads, and more likely than not we will all be involved in a car accident in our lifetime.

Seat belts provide the best protection in the case of an automobile accident. Car accidents can result in a number of injuries, including:

Traumatic brain injury
Broken bones
Spinal cord injuries
Death
Burns
Whiplash

As driving becomes more and more a part of our every day life, we tend to neglect wearing our seatbelt, thinking we are just running to the store, or that we could never be involved in a car accident. This type of neglectful thinking is what gets people killed. You could be the safest driver on the road, but remember, you are joined on the road by countless other drivers. Do you trust them to drive safely as well? It is estimated that seat belts save almost 9,000 lives per year, yet only about 60% of drivers wear their seat belts. It takes less than a minute to buckle up and it could save your life.

If you or a loved one has been injured in an automobile accident in Flint, Saginaw, Lansing or Traverse City, Michigan, please contact the experienced automobile attorneys at Jay Trucks & Associates PC today.

Teens and Driving

2009-08-10T13:19:00.000-07:00

Getting a driver's license is something all teenagers look forward to. A driver's license gives teens a sense of adulthood and independence. However, along with a driver's license also comes an immense amount of responsibility, not only for their own safety, but for the safety of all the other drivers, passengers and pedestrians on the roads.

According to the National Highway Traffic Safety Administration (NHTSA), teenagers are more likely to be involved in an car accident than any other age group. The NHTSA also reports that automobile accidents are the number one cause of death for those between the ages of 16 and 21. Teenagers and new drivers tend to be more distracted by things like cell phones, MP3 players, and even their passengers.

In addition to distractions, speed, reckless driving, peer pressure, impulsive behavior, alcohol and drug use are all contributing factors to the increased accident rate among teenagers. Several states, including Michigan, have enacted a graduated driver license program. Graduated driver license programs put certain restrictions on new drivers for a certain period of time. The restrictions are removed after the probationary period if the new driver has shown he or she is a responsible driver by avoiding moving violations and car accidents, and, in some cases, passing another road test.

If your teenager has been involved in a car accident in Michigan, please contact the experienced automobile accident attorneys at Jay Trucks & Associates, PC today.

Auto Accidents

2009-08-04T09:08:00.000-07:00

The last thing most people want to do after an auto accident is remain calm. However, accident victims who keep a clear head in the hours after the crash are able to gather vital auto accident information to forward to their insurance companies and attorneys.

What to do After an Accident

Call the police
Stay on the scene and request that other motorists involve remain on the scene as well
If possible, move the vehicles out of traffic
Gather the following information from the other motorists: names, addresses, phone numbers, driver's licenses numbers, make/model/color of crash vehicles, license plate numbers, registration and insurance information
Gather the following information from other passenger and witnesses: names, addresses and phone numbers
After the initial shock has worn off, write down the accident details, such as the date, location, time, weather and road conditions, how fast the cars were moving, and a draw visual picture of the accident
Take photos of the scene, including skid marks, vehicle damage and injuries
Do not admit fault to anyone
Let medical personnel move injured persons
Get treated for any injuries as soon as possible
Contact your insurance agency

It is advisable to contact an attorney to handle the time-consuming and often frustrating insurance process, especially if you have suffered an auto accident injury.

The auto accident attorneys at Jay Trucks & Associates have the experience and time to expedite your claims and help you collect the maximum compensation. Please contact our Michigan office today for a free auto accident consultation.

Work Injuries

2009-07-29T08:22:00.000-07:00

There are some jobs that are inherently more dangerous than others. However, a workplace injury can occur to any employee at any time, and the attorneys at Jay Trucks & Associates are committed to helping workplace injury victims collect compensation. An injury could be as mundane as falling on an unsafe, unmarked surface; as frightening as losing a limb from dangerous machinery; or as deadly as inhaling toxic fumes that lead to cancer.

Employers must carry Workers' Compensation insurance to protect employees from injuries and illnesses sustained "out of and in the course of the employment." It is the duty of employers to provide a safe working environment for employees, but accidents happen and the Workers' Disability Compensation Act fills that gap.

Filing a workers' compensation claim is neither easy nor quick. Victims of workplace injuries or illnesses who utilize the services of a knowledgeable, detail-oriented workers' compensation attorney typically:

Experience fewer problems in the filing process
Obtain larger settlements
Receive benefits for a longer period of time

Meeting deadlines, completing complex paperwork and being familiar with the "system" are all aspects that a workers' compensation attorney will handle for victims of workplace injuries.

If you are suffering from a workplace injury and need representation, please contact the Michigan Workers' Compensation experts at Jay Trucks & Associates today to discuss your situation and determine if you have a claim.

Wrongful Death

2009-07-24T08:20:00.000-07:00

It is heartbreaking to lose a loved one due to any type of accident or illness, but it is even more painful when the surviving family members learn that the death was due to the negligence of another person. In these cases, guilty parties can be sued for wrongful death by the victim's surviving beneficiaries or dependents. Wrongful death cases can be complicated and time-consuming and require the support of attorneys like those at Jay Trucks & Associates to prove wrongful death negligence.

Examples of Wrongful Death

There are many different circumstances that can lead to wrongful death. Some examples of wrongful death lawsuits include:

Medical malpractice, including physician mistakes or misdiagnoses
Auto accidents, including drunk drivers
Airplane or train accidents
Defective or dangerous products
Nursing home neglect
Intentional acts of violence
Unsafe work environments

Each state has its own set of laws surrounding wrongful death lawsuits. Parents, spouses and children of the victim can sue for compensation to help the survivors maintain their quality of life. Compensation for any or all of the following can be awarded:

Loss of future financial support
Medical bills
Funeral and burial costs
Child care
Loss of companionship
Education costs
Loss of inheritance
Punitive damages

Wrongful death claims must be fully researched and filed within the proper time period. Proving wrongful death in a timely fashion and collecting the appropriate compensation is a task best handled by a wrongful death attorney.

If you feel your loved one died as a result of the action or inaction of another person, please contact the highly-experienced wrongful death attorneys at Jay Trucks & Associates in Michigan as soon as possible. Time is of the essence in these complex cases.

Workplace Discrimination

2009-07-20T08:18:00.000-07:00

No employee wants to be treated unfairly or unfavorably, yet it happens in the workplace both intentionally and unintentionally. Thanks to the Federal government's Equal Employment Opportunity (EEO) laws, employees who find themselves in discrimination situations are protected and have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC). By contacting Jay Trucks & Associates, your workplace discrimination case will be handled quickly and fairly.

Types of Discrimination

The EEO covers discrimination or harassment surrounding a person's:

Religion or religious beliefs
Sex or sexual discrimination
Race, color or national origin
Disability or perceived performances of people with disabilities
Age
Involvement in a discrimination case

It is illegal to discriminate against an individual in all employment circumstances and conditions, including:

Recruitment, interviews and hiring
Job title or assignments
Testing and training
Promotions or layoffs
Compensation or benefits
Facility use
Firing

The statute of limitations in a workplace discrimination case is typically 180 days after the incident occurs. Therefore, it is of the utmost importance that discrimination claims are filed as quickly and accurately as possible. This is where a well-trained discrimination lawyer can help expedite your claim.

If you have been a victim of workplace discrimination and would like to file a workplace discrimination complaint in the quickest, most precise manner possible, please contact the Michigan discrimination lawyers at Jay Trucks & Associates to get the legal wheels turning.

Americans with Disabilities

2009-07-14T08:10:00.000-07:00

Individuals with disabilities have certain rights when it comes to employment discrimination. In 1990 the United States Federal government enacted the Americans with Disabilities Act (ADA) to help Americans with mental or physical impairments obtain or maintain gainful employment for which they are qualified. The attorneys at Jay Trucks & Associates can help disabled individuals who have faced workplace discrimination fight for their rights.

The ADA defines a disabled individual as one:

Who is limited in any type of major life activity due to the mental or physical impairment
Who has dealt with the impairment in the past
Whose impairment is recognized or perceived by others

The ADA does not cover such conditions as minor illnesses, temporary disabilities or substance abuse problems.

The ADA applies to any type of employer with 15 or more employees, including:

Government agencies (state, local or federal)
Labor unions
Private companies or organizations
Employment agencies

These employers are prohibited from discriminating in any area of employment, including:

Job applications
Interviews
Hiring
Training
Promotions or compensation
Firing

If you or a loved one has been discriminated against in the workplace due to a physical or mental impairment, you may have the right to file a lawsuit against the employer. These cases are complex and require an ADA expert to help you document the alleged discrimination and file appropriate claims.

Please contact the informed, professional attorneys at Jay Trucks & Associates in Michigan today to learn your ADA rights and determine if you have a viable case against your employer.

Employee's Report of Claim

2009-07-09T08:04:00.000-07:00

Workers' Compensation laws and insurance plans exist to protect employees who are injured on the job or develop illnesses from job-related work. Employees and their families can collect monies to help with medical expenses, loss of wages and for death and burial expenses if needed.

However, the benefits don't just materialize because your employer carries Workers' Compensation insurance. There are specific instructions for filing a claim and specific time frames for doing so. If injured on the job, one of the first things you need to do is complete the Employee's Report of Claim form and submit it to your employer. This form requires basic information about yourself (name, address, etc.) and also information about the how, when and where the injury occurred. Your employer also has to fill out similar forms to report the accident.

If you've been injured in an accident at work or suffer from a job-related illness, it's time to get more information. If you live and are employed in Michigan, please contact the Michigan workers' compensation attorneys at Jay Trucks & Associates. We have extensive experience working within the workers' compensation system to get you the benefits you qualify for and deserve. We offer free consultations and case reviews.

Defective Tires

2009-07-03T08:02:00.000-07:00

In the early part of this decade, giant tire manufacturers Firestone and Bridgestone, recalled over 15 million tires due to defects that cause tread separation, tire blowouts, rim or tire explosions, and other unexplained failures. Before they were recalled, and since, these defective tires have been responsible for untold numbers of tire blowouts and car accidents resulting in thousands of injuries and in some cases, fatal injuries. Other

And now, some US importers are recalling tire valve stems made in China because of defect as well. One Florida driver's death is being blamed on faulty valve stems. The National Highway Traffic Safety Administration (NHTSA) began an investigation last summer and early reports say it seems that these defective valves are prone to cracking prematurely.

If you or a loved has been involved in an auto accident that you suspect resulted from a defective tire, please contact the Michigan auto accident attorneys at Jay Trucks & Associates today for a free consultation. There are statutes of limitations and deadlines of when you must file a claim in order to qualify for a settlement.

Saginaw Product Liability

2009-06-29T12:15:00.000-07:00

Everyone can relate to the disappointment you feel when a purchased product doesn't work the way it's supposed to or breaks before it's even been used. In severe cases of defective products, the results can be injurious to you or a loved one. And when this happens, it's not a simple matter of returning the defective item to the store for a refund. It can mean unexpected medical bills, long recovery periods or even the interruption of the ability to work and provide for your family. In some cases it can even mean death.

According to the Michigan Product Liability Act, all claims must prove that there was some sort of defect in the product. In addition to proving the item is defective, the injured person must prove that the defect caused injury or damage and that an actual injury was sustained.

Product liability law can be complicated and if you suspect you have a claim, you need to hire an experienced attorney to help. If you live in Saginaw, or anywhere in Michigan, the Saginaw product liability attorneys at Jay Trucks & Associates are here for you.

Employment Law

2009-06-23T12:14:00.000-07:00

Employment law covers a wide gamut of topics from injuries occurring at work, sexual harassment, wrongful termination and discrimination (whether racial, age or sexual in nature).

At Jay Trucks & Associates, we are know all about Michigan employment law and its many facets. If you or someone you know has questions about the following, we can help:

I was injured at work but not sure if my situation warrants a workers compensation claim.
If I do qualify for workers compensation benefits - how do I file a claim or repeal a denied claim?
I recently had a job interview and feel I was passed over for the position because of my religious beliefs - do I have any recourse?
My employer tells racial and sexual jokes in the office - is this considered harassment under Michigan or federal law?
I was recently laid off, as were several others in my office who are close to retirement - I want to know more about age discrimination law. Can you help?

As shown here, there are many components of employment law, each with its own set of regulations and subtleties. Trying to decipher these laws on your own can be quite complicated and confusing.

If you have a question about employment law and what your rights are, please contact the experienced attorneys at the law firm of Jay Trucks & Associates. We'll be your advocate and help you figure out if you've been wronged in any way.

Bargaining Down Medical Bills

2009-06-17T12:12:00.000-07:00

No one can deny that the economy is tough right now. Unemployment is at a 20-year high and more people than ever don't have access to affordable healthcare insurance, either through an employer or privately. With or without a job and/or insurance, the cost of medical care is through the roof. One of the most common reasons for filing bankruptcy is because of medical bills.

So what can you do to help control the cost of medical care in your home? Here are a few suggestions to consider:

If you have medical bills that are beyond what you can pay right now, call the provider and ask them to work with you on a payment plan. Most everyone would rather have a portion of what's owed every month, than no payments for a long time or no payment at all.
Negotiate the costs up front. If you have a procedure looming and the cost seems too high, call the surgery center or hospital and see what they can do for you. Most institutions have several levels of costs depending on the insurance provider or method of payment. Offer cash and you may get a substantial discount.

If you've been injured in an accident or at work and your medical bills are piling up, please contact personal injury attorneys at Jay Trucks & Associates for your free consultation today.

Exams of Injured Workers

2009-06-12T12:10:00.000-07:00

If you are injured in an accident while at work, there's a very good chance that your medical bills and some form of lost wages will be paid under Workers' Compensation benefits. In Michigan, in general, all employers are required to carry Workers' Compensation insurance for their employees. There are a few exceptions to this rule that can be explained by your Workers' Compensation attorney at Jay Trucks & Associates.

Injuries on the job should be reported as soon as possible to get the ball rolling on Workers' Compensation benefits to the employee. Part of this process includes examination from a doctor to document and give an opinion on your injuries and your recovery. It's important for you to express all of your symptoms and pains to the doctor at the time of your exam. It's also good to know that in Michigan, the employer has the right, at least initially, to choose the doctor that you see.

If you've been injured at work and have questions about your workers' compensation rights, please contact the experienced workers' compensation attorneys at Jay Trucks & Associates. We'll review your case, let you know what your rights are, and help you get the benefits you deserve.

State Farm Hit with Civil RICO Claim

2009-06-09T12:10:00.000-07:00

State Farm has recently been hit with a Civil RICO (Racketeer Influenced Corrupt Organization Act) suit resulting from claims that their independent medical examiners, or IMEs, are anything but independent. IMEs are routinely used by insurance companies to provide an unbiased opinion on an injured person’s state of being and whether (and which) medical treatments are necessary for their recovery.

It seems that State Farm was influencing their IMEs to report that certain treatments were not medically necessary and therefore not subject to coverage under their policies. The IME companies contracted by State Farm were allegedly told that unless the reports were written and files the way State Farm instructed, then State Farm would no longer need their services and would look elsewhere for other IME companies to contract with. It has also been reported that Allstate has had a similar suit filed against them.

If you or a loved one has been injured and been wrongly denied medical treatment by your insurance company in Michigan, please contact the personal injury attorneys at Jay Trucks & Associates today. We offer a free consultation to discuss your potential case and can offer you information on your legal rights.

Rights of the Disabled

2009-06-03T12:08:00.000-07:00

When the 1990 Americans with Disabilities Act (ADA) was conceived, it estimated that at that time over 43 million Americans were living with disabilities and often with discrimination. The writers acknowledged that while laws were already in place to prohibit discrimination for reasons of race, color, sex, age, national origin and religion, there was nothing to protect disabled Americans.

The text of the ADA prohibits discrimination against the disabled in many areas like employment, government, public accommodations, housing, voting, transportation and telecommunications. Its purpose was to give national guidelines for federal, state and local governments to follow in making the above categories reasonably accessible to all Americans. The guidelines apply to making public areas likes restrooms, shops and restaurants accessible as well as providing reasonable accommodation at places of employment.

If you are disabled and feel you have been the victim of discrimination because of your disability, please contact the disability discrimination attorneys at Jay Trucks & Associates. We are intimately familiar with the rules and regulations of the ADA and fight every day for the rights of our disabled clients. Schedule a free initial consultation with us today and we'll review your case together. Remember, if we don’t win a recovery for you, you don't owe us anything.

Age Discrimination on the Job

2009-05-28T09:44:00.000-07:00

In this hurting and sluggish economy, record numbers of age discrimination claims are being filed as older workers have their positions eliminated, are being laid off or otherwise losing their jobs. Companies know that older, experienced workers command high salaries, larger pensions, and higher costs to some of their benefits and it can increase the bottom line if those employees are no longer part of the company. Sounds pretty sinister, doesn't it?

Fortunately for Americans over the age of 40, the 1967 Age Discrimination in Employment Act exists for their protection. This civil rights act protects employees 40 and older from discrimination in hiring practices, promotions, terminations and compensation. The EEOC enforces these laws and takes complaints concerning age discrimination violations.

If you've recently lost your job and feel you have a valid age discrimination complaint, please contact the age discrimination attorneys at the law firm of Jay Trucks & Associates, conveniently servicing Lansing, Saginaw, Flint and Traverse City. We can help you file your complaint or repeal a claim that has already been denied. We also offer free initial consultations and case reviews. We've helped thousands of clients just like you and are committed to being an advocate for the people.

COBRA Payments Mandated by Stimulus Bill

2009-05-22T09:42:00.000-07:00

For good or ill, employer-provided health insurance is the core of the United States' health care system. What terrifies many people as much or more than losing their income is losing their health insurance, especially if they or a family member have what would be considered a "pre-existing condition" when seeking new insurance. To prevent the dramatic consequences of this, provisions were put in the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 to mandate that some group health plans offer coverage to members who no longer belong to the group, such as employees who lose their job, for up to 18 months.

However, for many people COBRA coverage can be prohibitively expensive. With unemployment soaring and the potential rolls of uninsured swelling, provisions were added to the American Recovery and Reinvestment Act (ARRA) signed into law by President Obama on February 17 to make COBRA coverage more affordable. The ARRA amendments to COBRA mandate that your employer pay the majority (65%) of your COBRA premiums. Your former employer will be compensated for its share of the COBRA payment. It is allowed two months to comply with the new guidelines, although by the third month, the employer must pay 65% of all three months' premiums.

In addition, the ARRA allows people who were dropped from their coverage between September 1, 2008 and February 17, 2009 but did not seek COBRA coverage because it was too expensive, to acquire it now at the subsidized rate.

Your employer and insurance company are required to give you notice about your rights for COBRA coverage under the ARRA.

If you have lost your job, it is important to know your right to reduced premiums under the new COBRA guidelines. And if your former employer is refusing to pay their share, talk to a lawyer who is dedicating to protecting the rights of working men and women. Schedule a COBRA insurance premiums consultation with the workingman's lawyers at Jay Trucks & Associates, PC.

Michigan Workers’ Compensation

2009-05-18T09:40:00.000-07:00

Workers' Compensation laws exist to protect and provide benefits to employees who are injured while on the job or have job-related injuries or illnesses. It is a state-regulated insurance program and every state establishes and enforces it own code of law regarding workers compensation. In Michigan, you can file a claim for workers' compensation to recover medical expenses, a percentage of lost wages while out of work and even death and burial costs.

In general, every employer is required by law to carry Workers' Compensation insurance although there are a very few exceptions to the law. In Michigan, those not require to participate in the state's workers' compensation insurance plan are:

Employees of the federal government
Employees on interstate railroads
Seamen on navigable waters
People loading and unloading vessels (covered by the Longshoremen's and Harbor Workers' Compensation Act)
People who are self-employed (although they must carry workers' compensation insurance for their employees, if any)

Because there are very specific timeframes for filing workers' compensation claims, it's important that you get the facts and get them quickly. If you have been injured at work and want to know more about your rights, please contact the workers' compensation lawyers at Jay Trucks & Associates. We’ll offer free consultations and if we don't recover funds for you, you won't owe us anything.

Discriminating against people with disabilities

2009-05-13T09:38:00.000-07:00

There are approximately 10 million people in Michigan and of those, there are 1.9 million citizens with disabilities - that's almost 20% of our total population. It's important that we recognize the rights of the disabled and make available opportunities to them that are available to the rest of the population. According to the 1990 Americans with Disabilities Act a person has a disability if he:

Has a physical or mental impairment that substantially limits one or more major life activities
Has a record or history of such an impairment
Is perceived or regarded as having such an impairment.

The ADA also provides guidelines for housing, transportation, employment, health and public accessibilities for those who are disabled. It is unlawful to discriminate in any of these areas because someone is disabled. If a disabled and abled person apply for the same job and have roughly the same qualifications, an employer does not have to choose the disabled employee. However he cannot deny the job to the disabled person because of the disability itself.

If you live in the Flint, Michigan area and want more information about the legalities of discrimination against disabled people, please contact the Americans with Disabilities Act attorneys at Jay Trucks & Associates. If you’ve been wronged and falsely discriminated against, we will help make it right. We will help you file your claims or help you repeal a claim that has previously been denied.

Wrongful Termination

2009-05-08T09:37:00.000-07:00

In the state of Michigan, employees are considered “at will”, meaning that employers can terminate employees for any reason at any time as long as it isn’t illegal. That said, there are exclusions that do constitute wrongful termination of an employee.

Your employer cannot discriminate against you or terminate your employment because of:

Age
Race
Sex
Religion
National origin
Disability
Pregnancy

And furthermore, none of these factors can be considered when your employer determines promotions, assignments or wages. It is also illegal for your employer to terminate because you: refuse to break the law, file a discrimination claim or take a leave of absence for FMLA (Family Medical Leave Act). To terminate they must follow the companies stated policies and procedures and act according to the terms in your contract, if you have one.

If you live in Saginaw or in the surrounding area and suspect you are the victim of wrongful termination, please contact the wrongful termination lawyers at Jay Trucks & Associates. We offer free consultations and case reviews. If you have an eligible case, we can help you file the necessary claims or repeal the denial of a claim if needed.

Sex Discrimination on the Job

2009-05-04T09:35:00.000-07:00

According to Title VII of the Civil Rights Act of 1964 (Title VII), no employer is permitted to discriminate against an employee because race, color, religion, sex or national origin. This definition includes sexual discrimination in the workplace. Sexual discrimination can include sexual harassment or pregnancy-based discrimination.

The Equal Employment Opportunity Commission (EEOC) is responsible for overseeing and enforcing these discrimination laws in the United States. There is a statute of limitations for filing a complaint to the EEOC of 180 days from the date of the alleged violation, although that deadline can be extended to 300 days under certain circumstances. In addition, a formal complaint must be filed with the EEOC before a lawsuit can be filed. The complaint can be filed by a third party should the person affected wish to remain anonymous. Discrimination can come in many forms ranging from the loss of a job, not being hired for a particular job even if you were the most qualified candidate, being denied promotions, being in a hostile work environment and the list goes on and on.

If you or someone you know is a victim of sexual discrimination in the workplace, you need to know what your rights are and what recourse you may have against the employer. For a free consultation and sexual discrimination case review, please contact the discrimination attorneys at Jay Trucks & Associates in Flint, Michigan and other surrounding areas.

Surgical Medical Malpractice

2009-04-28T10:33:00.000-07:00

We've all seen those terrible news reports on TV or on the Internet about a patient who had the wrong limb removed during surgery or materials like clamps and sponges left inside after the surgery. Unfortunately, these aren't urban legends or made up stories meant to scare you. These incidents do happen, although rarely, all across the U.S. today.

Whether you need emergency surgery or have a surgery scheduled for a routine procedure or even if you choose to have cosmetic surgery, you put trust in the surgeon and his staff that will be taking care of you. You expect the highest level of detail and standards to be followed. Too often, careless mistakes are made that cause permanent damage and even death. It is estimated that over 225,000 people die each year due to medical negligence. Only complications from heart disease and cancer cause more deaths annually in the U.S.

A few of the categories that are included under surgical malpractice are:

Wrong site surgery
Anesthesia errors
Post-surgical infections

If you live in the Flint or the surrounding areas and you or someone you love has experienced the devastating effects of surgical medical malpractice, please contact the malpractice lawyers at Jay Trucks & Associates today. They are advocates for those who have been injured and need help understanding their rights.

Medical Malpractice

2009-04-24T10:32:00.001-07:00

Medical malpractice encompasses many areas but can be basically defined as the treatment or lack of treatment for a patient outside the accepted standard of medical care by a medical professional. The Institute of Medicine has found that between 44,000 and 98,000 deaths that occur in hospitals each year are the results of preventable errors.

Some of the most common areas of medical malpractice include:

• Misdiagnosis
• Surgical errors
• Prescription errors
• Preventable infections
• Birth injuries
• Emergency room errors
• Nursing home neglect or abuse
• Dental malpractice
• Sexual misconduct from doctor to patient

Claims paid out for medical malpractice can include damages for pain and suffering, payments of medical expenses as well as past, present and future financial losses from the inability to work and provide for yourself or your family.

If you suspect you or a loved one has been the victim of medical malpractice, it’s important that you contact an attorney for advice on what the statues of limitations may be for your case, how to file a claim or how to deal with a claim that has been denied. Please contact the medical malpractice lawyers at Jay Trucks & Associates in Flint, Michigan for help. We are experienced malpractice attorneys who will get you the help and the recourse you deserve for medical mistakes.

Motorcycle Injuries

2009-04-17T10:31:00.000-07:00

For some, there is nothing like the freedom of the open road, the wind in your face with nothing but your motorcycle between you and the pavement. There are also few things more terrifying than seeing an accident coming and not being able to do anything about it. One of the most common causes of motorcycle accidents is the failure of other motorists to see motorcycles in traffic.

Motorcyclists, while enjoying certain freedoms, are many more times likely to sustain injuries from accidents than are those driving cars, minivans or SUVs. Because they lack the safety of the vehicle enclosure and the protection of seat belts, motorcyclists’ accident injuries can be much more severe and devastating. For those same reasons, cyclists are also more susceptible to injury from road conditions and inclement weather.

If you or a loved one have been injured in a motorcycle accident or you have lost a loved one, please contact the motorcycle accident and injury attorneys at Jay Trucks & Associates in Michigan. Our attorneys cover Flint, Saginaw, Traverse City and Lansing and we’re here to help and be an advocate for you. Call us for a free consultation about your case and remember, if we don’t get a recovery for you, there’s no fee due to us.

About Unemployment Benefits in Michigan

2009-04-14T13:14:00.000-07:00

Here is a great article about unemployment benefits in Michigan from the South Bend Tribune.

/Michigan_Rules_Jobless_Benefits.pdf

If you need legal representation, call or email us today to schedule a free consultation.

Motorcycle Accidents

2009-04-10T10:29:00.000-07:00

In 2006, nearly 5,000 deaths occurred in motorcycle accidents – many of them avoidable situations. The predominant cause of multi-vehicle accidents involving a motorcycle is due to the failure of the person driving the car or SUV to see the motorcyclist in traffic. In cases such as these, the motorcyclist has less than two seconds to take action to avoid the collision. Not a lot of time.

In addition, the likelihood of the cyclist sustaining injuries is very high – in 98% of multi-vehicle wrecks involving a motorcycle, the driver is injured. For single vehicle wrecks, the cyclist in 96% of the cases is also injured. And as we see from the statistic above, many of those injuries result in fatalities.

If you drive a motorcycle and have been injured in an accident that wasn’t your fault or lost a loved one in a motorcycle accident, please contact the Michigan motorcycle accident attorneys at Jay Trucks & Associates. We are experienced in all aspects of motorcycle accidents and injuries and we want to fight for your rights. We offer free consultations and if there’s no recovery for you, there’s no fee for us.

Defective Seatbelts

2009-04-06T10:26:00.000-07:00

Every morning when we get in our cars to go to work or maybe just to Starbucks for a favorite coffee drink, we do so with the expectation that our vehicle, including our seatbelts, is functional and safe. We make assumptions that the car’s design and materials have gone through many layers of testing to ensure that the product is as safe as it can be for our families and ourselves.

The National Highway Traffic Safety Administration (NHTSA) estimates that there were 2.9 million injuries in 2002 due to seat belt defects, malfunctions or poor design. The defects can include:

Door-mounted seatbelt systems and other automatic systems
Unlatching and false latching of the seatbelt
Inadequate seat belt geometry
Failure of the seatbelt's retractor
Torn or ripped webbing
Vehicle system failure

Seat belts are inherently designed to minimize injury during an accident by preventing the body from moving too much inside the vehicle or being thrown from the vehicle after impact.

If you or a loved one has been seriously injured in an automobile accident due to seat belt failure in Flint, Saginaw or anywhere in Michigan, please contact the Michigan personal injury attorneys at Jay Trucks & Associates for help. We offer free consultations and you don’t pay a dime unless we recover a settlement for you.

What to Do After an Auto Accident

2009-04-03T09:17:00.000-07:00

Auto accidents can be very traumatic events. It is easy to get flustered to the point where you are no longer thinking quickly and alertly. Therefore, it is helpful to keep a checklist handy to make sure that you remember what to do after an accident. Proper action at the time of the incident can greatly affect your ability to recover compensation for your damages.

The following tips will help ensure that you are fully prepared in the event of an accident:

• Keep an emergency kit in your glove compartment. It is important to always carry the following items with you at all times:
o cell phone
o pen and paper
o disposable camera to photograph the scene
o a card containing any important information about your medical history
o a list of emergency contact numbers
• Exchange information with the other driver. Make sure to get the following information from each driver involved in the accident:
o name
o address
o phone number
o insurance information (name of provider, policy number, phone number)
o driver’s license number
o license plate number
o description of the year, make and model of the car
• Photograph and document the accident. Take photos of the accident scene and damage to all vehicles involved with your disposable camera. The purpose of these photos is to provide additional information to prove your case to an insurance adjustor or in a personal injury lawsuit. Also, document the details of the accident – where it occurred, what happened, and what part of your car was hit. If there were any witnesses, record their contact information. You may need them to verify your version of what happened.
• File an accident report. Call the police immediately so that they can file a police report at the scene of your accident. This is especially important if the accident was caused by another driver. A police report documenting that the accident was the fault of another driver will greatly strengthen your case with insurance companies and in the event of a lawsuit. Never admit fault when talking with other parties in the accident, police officers, or insurance agents, even if you believe that you caused the accident.
• Call your insurance provider. The sooner you file your claim, the sooner you can receive compensation for repairs and medical expenses.
• Seek medical attention if you are injured. It is important to be examined by a doctor immediately if you have suffered any injuries. This will provide documentation to be used in your lawsuit.
• Consult an experienced auto accident attorney. In order to ensure that you receive the proper compensation for your damages, it is important to talk with an auto accident attorney who will know how to deal with insurance companies, and who can advise you on whether or not you have a valid auto accident lawsuit.

The attorneys at Jay Trucks & Associates have been helping auto accident victims receive compensation for their injuries throughout the Lansing, Michigan area. Please contact our Michigan auto accident attorneys today to schedule a consultation.

Types of Disabilities

2009-03-31T11:40:00.000-07:00

According to the Americans with Disabilities Act (ADA), a person is considered to have a disability if he:

• Has a physical or mental impairment that substantially limits one or more major life activities
• Has a record of this impairment
• Is regarded as having this impairment

Due to the broadness of this definition, there are many possibilities for impairments that can qualify as a disability. Furthermore, any one particular disability may vary in the degree to which it impacts the lives of different individuals living with it. Therefore, it is difficult to come up with a completely exhaustive list of disabilities.

The following list covers many of the common disabilities affecting Americans today:

• AIDS (Acquired Immune Deficiency Syndrome) – AIDS is the most serious stage of the HIV disease and is marked by severe immune system problems
• Blindness/Visual Impairment – Blindness indicates a complete loss of vision, while visual impairment refers to a partial loss of vision
• Chemical Sensitivity – An adverse reaction to commonly used chemicals such as cleaning supplies or perfumes
• Congenital Disability – A physical impairment acquired at birth
• Deaf/Hard of Hearing – Deaf indicates a complete loss of hearing, while hard of hearing describes a partial loss of hearing
• Developmental Disability – A permanent mental or physical impairment developing before a person’s 22nd birthday that may limit self-care, language aptitude, independent living, motor functions, or economic well-being
• Epilepsy – A disorder characterized by central nervous system issues which typically lead to seizures
• Learning Disability – An impairment affecting spoken or written language centers in the brain
• Mental Illness – A psychiatric condition typically caused by a chemical imbalance in the brain
• Mental Retardation/Cognitive Disability – An impairment in cognitive abilities characterized by below average mental functioning
• Motor Disability – A condition caused by central nervous system damage (i.e. multiple sclerosis, muscular dystrophy, Lou Gehrig’s disease)
• Paralysis/Spinal Cord Injury – Partial loss of functioning to a particular region of your body (paraplegia affects your legs, quadriplegia affects your arms and legs)
• Speech Impairment – Problems in speech patterns (i.e. stuttering, lisp, slurring)

The ADA prohibits employers from discriminating against individuals in the workplace on the basis of a disability. If you feel that you have been unfairly discriminated against due to your disability, it is important to consult with an experienced employment law attorney to find out if you are eligible to receive compensation for your damages.

The attorneys at Jay Trucks & Associates have defended the rights of discrimination victims across Michigan. Please contact our Lansing, Michigan employment law attorneys today to schedule a consultation.

Americans with Disabilities Act

2009-03-25T11:39:00.000-07:00

The Americans with Disabilities Act (ADA) prevents employers from discriminating against qualified employees based on their disability. The ADA offers protection for the following work-related areas:

• Hiring
• Firing
• Advancement
• Compensation
• Job training
• Conditions of employment

The ADA applies to employers with at least 15 employees. State and local government employers, employment agencies, and labor organizations must abide by these laws as well.

According to the ADA, a person is considered to have a disability if he or she has a physical or mental impairment that limits the ability to perform one or more major life activities. A person with a disability is considered a qualified applicant or employee if he or she can perform the essential job duties with or without reasonable accommodation. The following are considered reasonable accommodations:

• Making existing facilities more easily accessible to employees with disabilities
• Job restructuring or modifying work schedules
• Obtaining equipment, devices, or training materials
• Providing qualified readers or interpreters

An accommodation is not considered reasonable if it causes an “undue hardship” on the employer’s business. Any action causing difficulty or resulting in excessive costs for the employer will be considered an undue hardship. Furthermore, an employer is not required to lower standards to make an accommodation for a person with a disability.

If you believe that your employer has discriminated against you based on your disability, you may be entitled to receive compensation for your damages. It is important to consult an experienced employment law attorney to ensure that your rights are properly represented.

The attorneys at Jay Trucks & Associates can help you recover damages from an employer who has discriminated against you based on your disability. Please contact our Flint, Michigan employment law attorneys today to schedule a consultation.

Workplace Discrimination

2009-03-20T11:38:00.000-07:00

When an employee is treated unfairly based on his or her race, gender, religion, sexual orientation, nationality, or disability, an act of workplace discrimination has occurred. The federal government has passed laws prohibiting workplace discrimination. In particular, it is illegal for employers to discriminate in the following work-related areas:

• Recruiting
• Hiring
• Job evaluations
• Promotion policies
• Training
• Compensation
• Disciplinary action

It is important to understand that unequal treatment of employees is not necessarily an indication that discrimination has occurred. Differential treatment based on job performance would not be cause for a discrimination lawsuit. According to Equal Employment Opportunity (EEO) laws, unequal treatment is only considered discrimination when the treatment is based on the presence of one of the above-mentioned characteristics.

Discrimination cases are very subjective and may be difficult to prove. Therefore, it is important to hire an experienced employment law attorney if you feel you have been discriminated against at work.

If you have been the victim of workplace discrimination, you may be entitled to seek the following forms of compensation:

• Back pay
• Restoration of your job (if you were fired, demoted, or reassigned)
• A court order to stop the discrimination
• Compensation for pain and suffering

If you have suffered discrimination at the workplace, the attorneys at Jay Trucks & Associates can help you receive the compensation you deserve. Please contact our Michigan employment law specialists today to schedule a consultation.

Daylight Savings Time and Auto Accidents

2009-03-17T11:41:00.000-07:00

Over the years, several studies have been conducted monitoring the incidence of auto accidents immediately following turning the clocks ahead for daylight savings time. In general, there is a 17% increase in auto accidents on the Monday directly following daylight savings time.

This dramatic increase in auto accidents is most likely caused by sleep deprivation. It takes many people upwards of a week to recover from losing an hour of sleep for daylight savings time. While this phenomenon may be understandable, it is certainly alarming.

The easiest way to avoid becoming part of this statistic is to stay off the road immediately following the time change. However, for most Americans, this is just not an option. If you must drive right after daylight savings time, pay extra attention for sleep deprived, erratic drivers on the road.

If you have been involved in an auto accident caused by the negligence of another driver, the attorneys at Jay Trucks & Associates can help you receive compensation for your injuries and property damage. We have the experience and resources to handle the insurance companies, and we are prepared to fight in court to secure your settlement if necessary.

Please contact our experienced Flint, Michigan auto accident attorneys today to schedule a consultation.

New Study Finds Evidence of Greater Failure in Defibrillator Leads

2009-03-13T11:35:00.000-07:00

A new study published by two heart surgeons working at the Minneapolis Heart Institute and the Mayo Clinic has found evidence of a greater failure rate in Medtronic’s Sprint Fidelis defibrillator leads than the company had previously acknowledged.

More than 235,000 Sprint Fidelis leads were installed in patients before Medtronic recalled the defective product in 2007. The leads were prone to fracturing, which led to some patients receiving needless shocks at inappropriate times, while other patients failed to receive a necessary shock to save their lives.

According to Medtronic, the Sprint Fidelis lead still worked in 95% of patients three years after it was installed. However, this new Mayo Clinic study, which evaluated over 3,000 patients, indicates that only 88% of patients had properly functioning leads three years after installation.

Of the 3,000 patients evaluated in this study, 848 had received Sprint Fidelis leads. The annual failure rate for patients with Sprint Fidelis leads was 3.75%, while patients with other defibrillator leads only experienced a 0.6% failure rate.

Patients who have received a Sprint Fidelis lead face a difficult dilemma, since the surgery to remove the lead is extremely risky and may result in death. If you have a Sprint Fidelis lead connected to your defibrillator, you should consult your heart surgeon at once to find out if you need to have the lead replaced.

If you or a loved one has suffered an injury or a wrongful death as a result of a defective Medtronic Sprint Fidelis lead, the product liability attorneys at Jay Trucks & Associates can help you receive the compensation you deserve. Please contact our Flint, Michigan defective product lawyers today to schedule a consultation.

Michigan Freedom of Information Act

2009-03-05T14:19:00.000-08:00

The Michigan Freedom of Information Act guarantees that all people can access public records of Michigan government agencies. The purpose of this law is to better inform Michigan citizens of the actions of public officials and employees in an attempt to facilitate the democratic process.

According to the law, “public record” includes any writing – handwriting, typewriting, printing photocopying, and photographing – prepared, owned, or used by a public body in the performance of their official duties.

Anyone may request to view public records, as long as you are not an incarcerated felon. Your request must be made in writing, and you do not need to state the reason for your request.

The vast majority of governmental agencies are required to comply with this law. Notable exceptions include:

• The governor and lieutenant governor
• Employees of the governor and lieutenant governor
• State legislators
• The judiciary

Your request to view public records must be answered within five business days. The public agency must provide you with reasonable access to the records you are requesting so that you may be able to examine them and take notes. Viewing of these documents will occur during regular business hours.

If your request is denied, you may file an appeal with the head of the public agency. You may also file an action in circuit court forcing the public agency to disclose the records. Your lawsuit must be filed within 180 days of the denial of your request.

If you have been denied access to public records, please contact the attorneys at Jay Trucks & Associates, P.C. today to find out if you are eligible to file an action in court. We serve clients in Flint, Saginaw, and Lansing, Michigan.

Who is Entitled to Workers’ Compensation Benefits

2009-02-27T09:33:00.000-08:00

In Michigan, all employees, whether public or private, are covered by workers’ compensation benefits. However, there are some notable exceptions to this. You are not entitled to workers’ compensation benefits if you are employed by:

Federal government – Employees of the Federal government (military, postal workers, VA hospital employees) are covered by the Division of Federal Employees’ Compensation Act
Longshoremen who work on or along navigable waterways – Covered by the Longshore and Harbor Workers’ Compensation Act
Seamen and sailors on navigable waterways – Covered by the Merchant Marine Act
Coal mining company – Coal miners suffering from black lung disease are covered by the Black Lung Benefits Act
Self-employed – Owners of businesses must provide for their employees, but are not covered themselves

This is just a sampling of those who are not covered. However, most people will be able to take part in workers’ compensation benefits. If you are unable to tell if you should be covered, or if your employer or insurance company has denied your claim, please contact the experienced workers’ compensation attorneys at Jay Trucks & Associates, PC.

What Should I Do if I am Injured on the Job?

2009-02-22T09:31:00.000-08:00

Even if you have a job with the potential for serious injury, you still have the right to a safe work environment. This is why there are laws in place to help protect you if you are injured on the job. For most people, this means that you are covered by workers’ compensation insurance provided by your employer. However, knowing if you need to file a claim, as well as how to file it, may not be completely straightforward.

In order to get any assistance, you need to take the following steps:

Notify your supervisor or employer as soon as possible about your injury, or as soon as you have become aware that you have become ill as the result of your work environment. You normally have 30 days to do this in order to avoid having any benefits denied.
If you need emergency medical treatment, this should be provided by your employer. If they do not, you may request medical treatment.

Ask your employer for an injury claim report form to fill out.
At your earliest convenience, follow up with your employer to make sure that all workers’ compensation paperwork has been filled out and filed correctly.
Ask that you are given copies of all pertinent documents for your own records.
Before you provide anyone, including your employer, with a recorded statement of the injury, speak with an experienced workers’ comp attorney.
Follow all instructions you are given by your healthcare provider or physician to the letter.
Be sure to attend any meetings or hearings regarding your injury.

If you are unclear as to whether your injury is covered by workers’ compensation, or your coverage has been denied by your employer or insurance company, you must speak with a qualified workers’ compensation attorney.

Please contact Jay Trucks & Associates, PC if you have been injured on the job in the Flint, Lansing, Saginaw, or Traverse City, Michigan area.

Bullard-Plawecki Employee Right-to-Know Act

2009-02-19T09:16:00.000-08:00

The Bullard-Plawecki Employee Right-to-Know Act provides employees working in the state of Michigan with an ability to acquire their employment records. If you are a current or former employee working for someone with four or more employees, you have a right to request a review of your employment records. This law covers employees in both public and private sector jobs.

If you would like to access your personnel file, you must make a written request to your employer. In your request, you should include your name, Social Security number, dates of employment, and branch number or location of the facility.

Generally, you will be allowed to view your personnel file twice a year. The review of your file usually occurs at a location near your place of employment during regular working hours. If you are reviewing an employment file kept by your current employer, you will not have to take time off from work to review it. However, if you are reviewing a file from a former employer, you may be required to take time off.

If you disagree with the information in your file, it can be removed or changed provided that the corrections are agreed upon by both you and your employer. If you and your employer cannot agree on the changes, you may submit a written statement explaining why you feel this information is incorrect. Your written statement will become a part of your employment file.

Your employer is legally required to comply with this act. If he fails to do so, you may bring an action for compliance in your county’s circuit court.

Please contact the attorneys at Jay Trucks & Associates, P.C. today to speak with one of our employment law specialists if your employer tries to deny you access to your personnel file. We serve clients in Lansing, Fling, and Saginaw, Michigan.

A threat to public health

2009-02-16T08:19:00.000-08:00

Contrary to Sally Pipes' claims, no jury has ever pulled a drug from the market. Removing a drug is a decision made solely by the FDA. Likewise, only the FDA can change a drug's warning label. The black box warning on SSRI antidepressants to which Pipes referred was added because the FDA determined the warning was needed. Months earlier, the same warning was added to antidepressants in Britain, which has a minimal tort system relative to ours.

Pipes presents herself as a defender of physicians against big bad lawyers. But the editors of the New England Journal of Medicine and the Journal of American Medical Association have come out squarely against FDA preemption, the lawsuit shield Pipes advocates. Indeed, the editors insist that such a shield would be a cataclysm for public health, drug company accountability and patient rights.

Writer:Henry Greenspan
Ann Arbor

Family Medical Leave Act Criteria

2009-02-06T09:14:00.000-08:00

The Family Medical Leave Act (FMLA) allows employees to take unpaid leave from their job in order to handle family or medical emergencies.

In order to qualify for FMLA leave, you must have been a paid employee for the entire year prior to applying for leave, and you must have worked at least 1,250 hours during that time period.

Under the FMLA, you are entitled to receive up to 12 weeks of unpaid leave during a one-year period. In order to qualify for leave, one of the following circumstances must exist:

• The birth of a new child
• The placement of a child for adoption or foster care
• To care for an immediate family member (spouse, child, or parent) who has a serious medical condition or disability
• You are unable to work due to a serious medical condition

You are required to give your employer 30 days notice of your need to take FMLA leave when your leave is foreseeable. If your FMLA leave is not foreseeable, you must notify your employer as soon as you are aware of the need to take leave. You must also supply your employer with information explaining why you need to take FMLA leave in order to prove that you meet FMLA qualifications.

Under the FMLA, employers are not allowed to prevent you from exercising the rights provided to you by this law or to discriminate against you in any way for filing for FMLA leave. If your employer does not abide by the terms of the FMLA, he may be held legally accountable for his actions.

If you are having problems with exercising your FMLA rights, please contact the attorneys at Jay Trucks & Associates, P.C. today to schedule an appointment with one of our employment law specialists. We serve clients in the Flint, Saginaw, and Lansing, Michigan area.

COBRA Criteria

2009-02-01T09:11:00.000-08:00

If you have recently lost your job, you do not have to worry about losing your health insurance as well. In 1986, the U.S. government passed the Consolidated Omnibus Budget Reconciliation Act (COBRA), requiring employers to offer continued health care benefits to former employees for a fixed period of time. The purpose of COBRA is to ensure that former employees don’t have a lapse in their health care coverage while they look for a new job.

You are eligible to use COBRA if you have lost your job due to an involuntary termination, layoff, or voluntary termination. Furthermore, if your hours have been reduced to a level that would no longer qualify you for your company’s health insurance package, you may elect to continue coverage through COBRA. However, you may only continue coverage through COBRA if were covered by your employer’s health insurance plan at the time of your termination.

When opting for COBRA coverage, you must pay the entire insurance premium plus a two percent administrative fee. Therefore, your coverage will cost substantially more than it did when your employer was subsidizing your health plan. However, you will pay the group rate premium, saving you money over individual rate premiums.

Your employer must inform you of your right to apply for COBRA coverage within 30 days of your termination. You will then have another 60 days to apply for COBRA coverage.

In general, COBRA coverage lasts 18 months. However, if you become eligible for Social Security disability within the first two months of your COBRA coverage, you will be able to keep it for 29 months. If at some point you become insured under a new health insurance plan or you fail to make your COBRA payment, your coverage will be terminated.

The attorneys at Jay Trucks & Associates, P.C. are highly skilled in the area of employment law. If you are having difficulty obtaining COBRA coverage from a former employer, please contact the employment law attorneys at Jay Trucks & Associates, P.C. today to schedule a consultation. We serve clients in the Flint, Lansing, and Saginaw, Michigan area.

Michigan Workers’ Compensation Law

2009-01-31T11:58:00.000-08:00

If you have been injured on the job, or become ill due to exposure to a toxin on the job, you are entitled to compensation paid out by your employer. Virtually all employees in the state of Michigan should be covered by workers’ compensation. Exceptions to this include agricultural employees, employees of the Federal government, seamen who are covered by the Merchant Marine Act, interstate railroad employees who are covered by the Federal Employers Liability Act, and longshoremen who are covered by the Longshoremen’s and Harbor Workers’ Compensation Act .

It is important to note that workers’ comp benefits are paid out by them employer or on behalf of the employer by an insurance company. The state of Michigan does not pay out workers’ compensation benefits. However, there are state agencies that are responsible for overseeing the workers’ compensation system. The Bureau of Workers’ Disability Compensation keeps records of workers who have filed for workers’ comp, the payments, and any disputes that may arise. Disputes that are not resolved may then go to the Workers’ Compensation Board of Magistrates. The Board hears only workers’ compensation cases. If an employee is unhappy with what the Board says, they may then appeal it to the Workers’ Compensation Appellate Commission.

While most employers may comply with the workers’ comp laws, you should never have to worry that compensation you deserve will be withheld by an employer. You may also find that once you decide to file a claim that you don’t understand everything that is involved with it. It is for these reasons that you should seek out an attorney experienced with workers’ compensation claims.

If you or a loved one has been injured while on the job, please contact Jay Trucks & Associates, PC. We serve employees injured in the Lansing, Flint, Saginaw, and Traverse City, Michigan areas.

Wrongful Death as a Result of Medical Malpractice

2009-01-26T09:00:00.000-08:00

Wrongful death lawsuits allege that the fatality happened, partly or wholly, because of the careless conduct of others; those who survive as beneficiaries and dependents believe they are entitled to damages because of the improper conduct. The law firm of Jay Trucks and Associates assists our clients in identifying whether their case is a potential wrongful death suit and helps our clients obtain the financial recompense to which they are entitled.

Wrongful death cases might fall into some of the following categories:

Emergency room mishaps
Major surgery errors
Failure to properly diagnose a medical condition
Improper administration of medication
Lack of attentive care while in a hospital setting

Wrongful death cases may be more common than you would think. A recent Institute of Medicine of the National Academy of Sciences’ study estimated that around 98,000 patients lose their lives each year in hospitals due to medical error. Other studies reinforce this number.

If you have recently lost a loved one due to illness or surgery, consider the circumstances around your loss, and for expert advice, please contact the law firm of Jay Trucks & Associates, PC at 1-800-762-8623 to schedule a free consultation today.

Drug Industry Money

2009-01-20T09:06:00.000-08:00

If political influence is measured by the amount of money contributed, then the pharmaceutical industry is in a league of its own. Sally Pipes claims that $136 million of contributions from trial attorneys is evidence of an attempt to curry favor. She fails to mention that the pharmaceutical industry devoted more than $675 million to lobby Congress, not to mention another $133 million in direct contributions and more than $50 million to political action committees.
In Michigan, drug industry money resulted in an offensive law that completely denies citizens the right to sue and immunizes drug companies when their products kill or harm people.
The drug industry money devoted to buying off politicians has had wonderful results. The industry controls appointments to FDA boards that decide what drugs are to be approved. It blocks the development of low-cost alternatives. Drug companies have changed the rules of Medicare, resulting in windfall profits at the expense of the elderly. They have also protected profit margins of more than 1,000% and blocked the ability of the poor and elderly to purchase the same drugs in foreign countries at half the price.
If it were just a matter of obscene profits, it might be arguably acceptable. But those profits come at the cost of human lives and suffering. The massive amount of money given to politicians protects not only profits but also shields the drug companies from the harm they cause. The only way we have to expose the cover-ups has been jury trials. The money from drug companies has so intimidated regulators that the only means you or your family has to reveal the truth and get justice is a lawsuit.
According to numerous studies, the cost of medical care due to lawsuits is less than one-tenth of 1%. There are fewer medical malpractice lawsuits than ever, and the verdicts are significantly lower. The cost of medical insurance premiums is unrelated to lawsuits. During the same time that lawsuits are dwindling, the cost of medical malpractice insurance has risen dramatically, even in states with tort reform.
Written By: Geoffrey N. Fieger
Southfield

National Medical Malpractice Statistics

2009-01-16T09:00:00.000-08:00

A high number of patients in the United States suffer some form of medical malpractice each year. Jay Trucks & Associates are proud to help families gain the financial assistance they need as they deal with the after-effects of these incidences.

The sad reality is that fewer than one-half of 1 percent of our nation’s physicians pay any kind of consequences for performing poorly. There are, on average, a total of 3,500 serious disciplinary actions a year; this figure is small relative to the amount of patient of injury and death resulting from doctor error. A recent Institute of Medicine of the National Academy of Sciences’ study approximated that around 98,000 patients die yearly in hospitals through medical mistakes. Earlier studies indicated that this number was similar.

A recent England Journal of Medicine survey discovered that more than a third of the doctors revealed that their family members had been the victims of medical errors, that for the most part, led to critical health issues. Societal costs relating to disability and income lost and costs for personal care are estimated at between $17 billion and $29 billion. In stark contrast, medical liability costs range around $6.7 billion.

If you or a loved one has experienced medical malpractice, be sure you understand how to get the compensation that you deserve. Please contact the law firm of Jay Trucks & Associates, PC at 1-800-762-8623 to schedule a free consultation today.

Drug Lawsuits Protect Public

2009-01-10T09:03:00.000-08:00

I was surprised by a Jan. 29 opinion piece by Sally Pipes proposing federal preemption of state laws protecting citizens from negligent pharmaceutical companies ("Don't let trial lawyers overdose on drug suits"). Pipes' proposal gives irresponsible companies a competitive edge over responsible companies at the expense of patient safety.
Federal preemption, as Pipes explains, would leave patients without the protection of state laws when FDA regulations are followed. The FDA has an imperfect record on ensuring consumer safety, and the tort system protects consumers when the FDA errs. Vioxx, which caused approximately 100,000 heart attacks, followed FDA regulations. The manufacturer voluntarily withdrew the drug for fear of increased legal liability. Under Pipes' proposal, the manufacturer would have no financial incentive to withdraw unsafe drugs. More people would have died. Those who had heart attacks would have no recourse.
Cut medical costs, but not by compromising safety. Pharmaceutical companies are in the best position to decrease their liability by promptly removing unsafe drugs from the market, ensuring that marketing claims are factual and taking greater measures to ensure product safety. FDA regulations are meant to increase drug safety by ensuring minimum safety standards. To treat them as unquestionably sufficient in all cases would, perversely, decrease drug safety.
Written by: Daniel Bahls
Ann Arbor

Medical Malpractice and Surgical Errors

2009-01-05T09:00:00.000-08:00

Unfortunately, the potential for injury and even wrongful death during surgical procedures is high. A surgeon can perform "wrong site surgery” – actually operating on the wrong body part. A nurse can leave a surgical sponge in the wound, bringing about serious infection. An anesthesiologist can cause life-threatening allergic reactions in an allergic patient, or give the patient too much anesthesia. Other not uncommon errors include:

Tears and holes made in internal organs
Surgical instruments left in the patient's body following surgery
Laparoscopic surgical mistakes
Damage to the nerves
Infection following surgery
Oxygen starved brain from general anesthesia complications
Caesarian section complications and errors

The joint Commission on Accreditation of Healthcare Organizations states that 64 wrong site surgery cases were reported last year--they believe that the actual number of incidents is probably a larger number. Settlements in surgery error cases are estimated to typically be around $600,000.

If you or a loved one has experienced medical malpractice, be sure you are well informed of your rights in the state of Michigan. Please contact the law firm of Jay Trucks & Associates, PC at 1-800-762-8623 to schedule a free consultation today.