Ohio Defective Product Law Overview

We believe that in Ohio, companies that make dangerous products that cause injury should be held accountable. The area of Ohio law that covers these types of cases is generally referred to as Ohio product liability law.

Under Ohio law, ORC 2307.711, a product liability action is:

“Product liability claim” means a claim that is asserted in a civil action pursuant to sections 2307.71 to 2307.80 of the [Ohio] Revised Code and that seeks to recover compensatory damages from a manufacturer or supplier for death, physical injury to person, emotional distress, or physical damage to property other than the product in question, that allegedly arose from any of the following:

• The design, formulation, production, construction, creation, assembly, rebuilding, testing, or marketing of that product;
• Any warning or instruction, or lack of warning or instruction, associated with that product;
• Any failure of that product to conform to any relevant representation or warranty.

Ohio Defective Product Law - Causes of Action

Ohio plaintiffs interested in pursuing an Ohio products liability case have three potential causes of action:

1. Negligence
2. Contract
3. Strict liability in tort

To establish actionable negligence, a plaintiff must show the existence of a duty, a breach of the duty, and an injury resulting proximately from this breached duty.

In order for an Ohio plaintiff to recover on the basis of strict liability in tort, he/she must allege and prove the following: that a defect existed in the product manufactured or sold by the defendant; the defect existed at the time the product left the defendant’s hands; the defect was the proximate cause of the of the plaintiff’s injury. This applies to defects in both design and manufacture.

Who May Be Liable under Ohio Defective Product Law

Under Ohio product liability law, an injured party may recover against four types of defendants:

Manufacturers

The Ohio Revised Code defines a “manufacturer” as “a person engaged in a business to design, formulate, produce, create, make, construct, assemble, or rebuild a product or a component of a product” (ORC 2307.71(I))

Suppliers

A “supplier” is defined under the Ohio Revised Code as “a person that, in the course of a business conducted for the purpose, sells, distributes, leases, prepares, blends, packages, labels, or otherwise participates in the placing of a product in the stream of commerce” (ORC 2307.71(O))

Successor Corporations

The general rule, under Ohio product liability law, is that a successor corporation’s amenability to suit depends on the nature of the transaction that gave rise to ownership. If the transfer was accomplished by a merger or consolidation, then the liability of the former corporation will be assumed.

Parent Corporations

Under Ohio law, there is a general presumption that a parent and its subsidiaries are separate entities and entitled to be treated as such. The plaintiff would have to present evidence to overcome this presumption.

Damages in an Ohio Product Liability Claim

Damages available in an Ohio products liability claim based upon negligence may include compensatory damages, pain and suffering damages, and punitive damages where appropriate.

Punitive damages are only recoverable upon a finding of “actual malice” defined as “(1) that state of mind under which a person’s conduct is characterized by hatred, ill will or a spirit of revenge, or (2) a conscious disregard for the rights and safety of other persons that has a great probability of causing substantial harm.”

Theories of Liability Under Ohio Product Liability Law

Under Ohio law, several theories of liability are available to plaintiffs including:

1. Defects in manufacture or construction
   
2. Defects in design or formulation
   
3. Defects due to inadequate warning or instruction
   

Defenses to an Ohio Product Liability Claim

It should be expected that the negligent corporation will vigorously fight a product liability claim. Defenses typically presented by the manufacturer in an Ohio products liability claim include:

• The danger was open and obvious and required no warnings
  
• The product was misused
  
• The user’s negligence contributed to the injury
  
• The injured user assumed the risk of injury
  
• The alleged lack of warning did not cause the injury
  
• There was an intervening cause that cuts off the liability of the manufacturer

Ohio defective product law is complex. Therefore, if you or a loved one was injured by a defective product in Ohio, it is wise to consult a dedicated Ohio product liability lawyer.

How a Social Security Disability Claim Proceeds

Starting a Claim for Social Security Disability Benefits
To make a claim for Social Security Disability benefits, you need to file an application with the Social Security Administration (SSA). The SSA provides an on-line application form on its website www.ssa.gov. You also can file for Social Security Disability benefits by going to a local SSA office. If you have trouble finding a Social Security Administration office close to your home, call the Social Security Administration toll-free hotline number at 1-800-772-1213. (Deaf and hard-impaired individuals can reach Social Security Administration by TTY at 1-800-325-0778.)

Submitting an Application for Social Security Disability Benefits
Take the time to carefully fill out your Social Security Disability application. Remember that the Social Security Administration will use whatever information you provide to decide if you qualify for Social Security Disability benefits.

Give complete answers to every question. This could help the Social Security staff fully understand the severity of your disability, the limitations that it places on your capacity to work, as well as the prospect that your disabling condition or illness might get better or worse in the future. In addition, the Social Security Administration may process your application more quickly, if you include all the required information on your application form.

If you have trouble understanding all the questions on the application, you have a legal right to ask the SSA to help you. To get assistance, call their toll-free number listed above, or visit a local Social Security Administration office.

Getting an Answer from the SSA about Your Social Security Disability Application
After you send in your application, the SSA may take several weeks or months to review your information and tell you its decision.

If your Social Security Disability benefits are approved, the SSA will send letters to let you know the amount of your benefits and your health coverage options. They will also tell you about your responsibility to report changes in your medical condition, employment status, and other factors that could affect your eligibility for benefits.

Be sure to read and follow all the instructions, to help ensure that your benefits continue for as long as you have a right to receive them.

If the Social Security Administration denied your initial application, you have the legal right to challenge the unfavorable decision by filing an appeal.

Appealing a Denial of Your Benefits
Do not give up, if the SSA denies your claim. In fact, the SSA often rejects the initial applications of individuals who meet all the requirements. Many of these people have to go through the appeal process to get their Social Security benefits approved.

To protect your right to appeal, you must act immediately after you find out that the Social Security Administration disapproved your application. You only have 65 days from the date stamped on the denial letter to ask for another review of your claim.

A Social Security Administrative Law Judge conducts this review, after taking another look at all your Social Security claim information, including your application form, medical records, and additional material you submit to support your claim, and after holding a hearing at which you can present evidence to support your case.

Do not delay filing an appeal. If you miss the 65-day deadline, and decide later to seek Social Security Disability benefits, the SSA will make you go back and start the application process all over again.

Presenting Your Social Security Disability Claim at a Social Security Hearing
When you properly file an appeal before the 65-day deadline, the SSA will schedule an Administrative Law Judge hearing. Usually, it takes between 6 months to 18 months to schedule your hearing date.

The Administrative Law Judge who conducts your hearing will evaluate the following factors, to decide if you should get benefits:

• Whether or not you accumulated enough Social Security earnings, or “work credits,” to qualify for benefits.
• If not, whether or not your income and other financial resources are so limited that you may qualify for Supplemental Security Income (SSI).
• Whether or not you have an impairment that has lasted, or is expected to last, for at least 12 months, or is expected to result in death.
• The nature and extent of your impairment.
• Your ability to engage in substantial gainful activity since your impairment began.
• The date that your disability began.

If the Social Security Administration just denied your application for benefits, or if you already filed an appeal and are waiting for your hearing, take the time to contact an experienced Michigan Social Security lawyer immediately. Our Michigan Social Security law firm represents individuals at this level of appeal. We want to help you get the Social Security Disability benefits you deserve.

Michigan Dog Bite Law Protects Dog Bite Victims

A Strict Liability Statute
The Michigan Dog Bite Law is considered a “strict liability” statute. In other words, the law makes a dog owner responsible for any damage caused by the dog attack.

The Michigan Dog Bite Statute, MCL 287.351, states:

If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

Elements of a Dog Bite Claim
The two key elements necessary to prove a Michigan dog bite claim are:

1. That the defendant owned the dog that attacked.
2. That a bite occurred.
   

Evidence Necessary to Prove a Michigan Dog Bite Lawsuit
Although sometimes difficult, the dog owner usually can be identified with licensing and vaccination records, as well as the testimony of witnesses.

In most dog bite cases, the fact that the dog actually injured the victim can be established with photographs, medical records, witness statements, or other evidence that the dog caused physical harm.

Statute of Limitations in Dog Bite Cases
The Michigan Dog Bite Law allows you to take legal action against a dog owner for up to 3 years from the date of the incident. However, it is not wise to delay. If you wait, important evidence may disappear or witnesses may forget or move away. You should seek immediate legal help, if you or a loved one was the victim of a dog bite.

In some situations, the dog bite victim has additional time to file a claim. The most common instance is a dog attack injury to a child under the age of 18. As a legal minor, a child bitten by a dog may have until his or her 19th birthday to start formal legal proceedings. However, waiting is usually not in the minor’s best interest. Instead, a parent or legal guardian should get immediate legal assistance and pursue the claim on the child’s behalf.

Value of a Dog Bite Case
Determining the value of a Michigan dog bite claim is a complicated matter. If you were attacked by a dog, you should seek legal help immediately. An experienced Michigan dog bite lawyer can carefully evaluate facts surrounding the dog attack, the physical and emotional harm you suffered, as well as the possibility of long-lasting damage.

Based on all this evidence, your Michigan dog bite attorney can advise you on the potential value of your claim and the best way to proceed.

What to do After a Truck Accident

If you were in a motor vehicle accident involving a truck, here are some simple guidelines to protect yourself -- and your legal rights:

Stay Calm

• A truck accident can be a very upsetting experience. But it is important not to panic. Instead, keep a clear head, focus first on acting to protect yourself and help other accident victims.
• Do not discuss the accident with anyone other than the police.
• Do not blame anyone, including yourself.
• Never argue with the other driver -- even if you are sure that person caused the accident.
  

Get Help After a Truck Accident

• Do not leave the site of the accident. Call 9-1-1 from the accident scene, to tell police about the collision. If anyone was injured, ask the 9-1-1 operator to send emergency medical personnel to the truck accident site immediately.
• Set flares, if you carry them, to warn other drivers to slow down and avoid the people and vehicles involved in the accident.
  

Get All the Facts After Truck Accident

• Write down the name, address, phone number, drivers license number and state, license plate number, registration, and insurance information, including the insurance policy number.
• If the driver of the other vehicle was not the owner, write down the name, address, insurance company, and insurance policy number of the owner of that vehicle.
• Ask the police about all injured parties, including passengers. If possible, take down their names, addresses, dates of birth, sex, and extent of injuries.
• Look around for anyone who might have seen the truck accident, including bystanders and occupants of other vehicles. Be sure to write down the names, addresses, and phone numbers of all these witnesses.
  

Check Out All the Damages Caused by the Truck Accident

• Write down the make, body type, year, and license number of the truck and any other vehicles involved in the accident.
• Also, note the damage to the truck and other vehicles.
  

Check Out the Truck Accident Scene

• Draw a diagram of the truck accident site.
• Mark down the street names, and the location of any stop lights, traffic control signs, or other landmarks.
• Note the path of each vehicle just before the place where they collided.
  

Protect Your Health After a Truck Accident

• After a truck accident, get medical attention. Sometimes, truck accident victims are too stunned right after a bad collision to know whether or not they were hurt. Therefore, it is wise to see your personal physician as soon as possible.
  
• Tell your doctor about the truck collision, so that he or she can check for internal injuries that may result from the trauma of a truck accident.

Report the Truck Accident

• If police did not come to the truck accident scene, call the police to file a report, as soon as you are able to make a telephone call.
• If the truck driver fled the crash scene, you still must report the truck accident to the police.
• Get a copy of the police report about the truck accident whenever it is available.
  

File an Insurance Claim After a Truck Accident

• Tell your insurance company about the truck accident immediately and get an insurance claim number.
  
• Ask the insurance representative to open a Personal Injury Protection (PIP) file, to preserve all of your legal rights under your policy.
• Be sure to let your insurance company know if you were in a hit-and-run truck accident. Some insurance policies require notice of a claim involving an unidentified driver within 30 days of the truck accident.
• Tell your own insurance company that you claim your right to any uninsured or under-insured motorist coverage, in case the truck that hit you was not covered by motor vehicle insurance. Insurance companies often require prompt notice of these truck accident claims and may deny these benefits to anyone who does not follow the strict requirements in their policies.
  

Get Help from an Experienced Truck Accident Attorney
If you or a loved one was injured in a truck accident, talk with an experienced truck accident lawyer.

Serious truck accident claims often involved complicated legal issues. The negligent truck driver, the company that owns the truck, and other persons involved in the truck accident may all have attorneys working to protect their interests and to stop you from getting the compensation you deserve, talk with an experienced truck accident lawyer.

Auto Accident Statistics and Checklist

Auto Statistics
Automobile accidents are very dangerous and may cause serious injury. Although some insurance industry publications try to minimize the impact, the truth about automobile accidents is disturbing:

• According to the National Safety Council, there are approximately 12 million automobile accidents every year.
• Approximately 2 million non-fatal, but disabling, injuries occur from automobile accidents every year.
• Approximately 10% of all automobile accident victims become disabled.
• Collisions occurring at speeds as low as 5 miles an hour can lead to significant cervical or neck injury. This is true even though there is little to no damage to the motor vehicles in a low speed collision.
• Even if an accident causes no broken bones, a victim may suffer "soft-tissue" injuries that last for months, or sometimes years. A study reported in the European Spine Journal indicated that 10% of accident victims experienced degenerative bone conditions during the first year after the auto accident.
  

Michigan Auto Accident Checklist
If you were involved in a Michigan auto accident, do you know what to do? The following "checklist" can help you take the necessary steps to protect your legal rights in case of a Michigan auto accident.

Stay Calm after the Michigan Auto Accident:

• Protect your passengers and car.
  
• If necessary, call an ambulance for any injured party.
• Set out flares, if you carry them.
• Do not leave the scene of the Michigan car accident.
  

Exchange Documents after the Michigan Auto Accident:

• Exchange only your license, registration and motor vehicle identification card with the other drivers.
• Do not discuss the Michigan car accident with anyone other than the police.
• Do not blame yourself or anyone else.
  

Get Ownership Facts After the Michigan Auto Accident:

• Write down the name, address, and insurance company of the owner of the other car involved in the Michigan car accident.
• Do not assume that the other driver owned his or her car.
  

Get Information About Witnesses to the Michigan Auto Accident:

• Be sure to write down the names, addresses, and phone numbers of any people who saw the Michigan car accident, but were not involved in it.

Draw a Diagram of the Michigan Auto Accident Scene:

• Write the date and time of the Michigan auto accident on the diagram.
• In addition, write down information about the location of the auto accident, including the intersection, street names, any stop lights or traffic control signs, or other landmarks.
  

Protect Your Legal Rights After the Michigan Auto Accident:

• If you or a loved one suffered serious injuries in a Michigan auto accident, talk with an experienced Michigan auto accident lawyer.

Michigan Motorcycle Accident Statistics

For a Michigan motorcyclist, the results of a Michigan motorcycle accident can be extremely serious – or even fatal.

The facts about Michigan motorcycle accidents are clear.

In 2005, 120 motorcyclists died in Michigan motorcycle crashes, according to the motorcycle accident statistics reported by the Michigan Office of Highway Safety Planning. Another 2,660 motorcyclists were injured in Michigan motorcycle accidents in that year alone.

Compared with other travelers, Michigan motorcyclists are at much greater risk. A Michigan motorcyclist was the victim in 1 out of every 7 crashes causing death, and 1 out of 28 crashes causing injury.

Accident statistics show that the danger is increasing for Michigan motorcyclists. In the last 10 years, the number of Michigan motorcycle accidents rose by 45%. At the same time, the number of Michigan motorcycle accidents that resulted in death rose by 98%.

These Michigan motorcycle crash facts just begin to show the seriousness of these accidents. Statistics certainly cannot describe the lasting impact of a motorcycle accident on the victims or their families.

What to do After a Motorcycle Accident

After a Michigan motorcycle injury accident, there are important steps you can take to preserve evidence essential to a potential legal claim.

Obviously, if you or other accident victims need emergency medical assistance, ask someone to call an ambulance immediately.

If you can, while you are still at the accident scene, collect the following information:

· Get the name, address, and telephone number of the other driver(s) involved in the motorcycle accident.

· Get the drivers license number(s) and insurance information of the other driver(s), involved in the Michigan motorcycle accident.

· Get the make, model and year of the other vehicles(s) involved in the Michigan motorcycle accident and check the vehicle registration(s).

· Take down the name and address of the owner of each vehicle involved in the Michigan motorcycle accident, if a driver does not own that vehicle.

· If a business vehicle is involved in the Michigan motorcycle accident, write down the name, address, and telephone number of that business.

· If a leased or rented vehicle is involved in the accident, write down the name, address, and telephone number of the rental company.

· Give your name, address, drivers license number and insurance information to the other driver(s) involved in the Michigan motorcycle accident.

· Look around the accident scene to locate all possible witnesses. Ask for their names, addresses, and telephone numbers (home, cell, and work). If the witnesses to the accident do not want to get involved, write down their automobile license plate numbers and the states where the license plates were issued.

· Listen carefully to comments that the other driver(s) involved in the motorcycle accident, about events leading up to the accident, such as "I didn't see you," and write down their comments.

Call the police, or have someone else call them immediately. Generally, the police officer will interview all the drivers and any witnesses at the accident scene.

The police may also collect vital physical evidence and record the location of skid marks, highway signs and markings, and debris from the accident. All this information could be critical to "reconstruction" of the Michigan motorcycle accident, to determine the speed of each vehicle, the point of impact, and the person responsible for the accident.

At the scene, ask the police officer to find out where the other driver was going. If the driver was traveling on a work assignment, you may have legal claims against both the careless driver and his or her employer, for injuries you suffered in the Michigan motorcycle accident.

If you did not go to the emergency room right after the accident, see a doctor as soon as possible. It is very important to get a check-up, because you may not be able to tell how badly you are hurt right after an accident. Be sure to follow all the doctor’s instructions about further medical care, tests, treatment, or restrictions on your activity.

After a serious motorcycle accident, the at-fault driver or his or her insurance company may try to take advantage of an injured victim. To avoid this, follow these guidelines:

· Do NOT get into an argument with the other driver(s) involved in the Michigan motorcycle accident about what happened.

· Do NOT sign any statements or documents about the facts of the accident.

· Do NOT have your bike repaired. Wait until you have an experience Michigan motorcycle accident attorney, who will get your bike photographed and inspected, notify the other driver's insurance company, and show it the damage to your motorcycle.

· Do NOT answer questions from an insurance company or from an attorney representing the other driver involved in the Michigan motorcycle accident.

· If your own insurance policy requires you to report your Michigan motorcycle accident within a certain time, get an attorney to help you with this as well.

If you or a loved one was seriously injured in a Michigan motorcycle accident, contact an experienced Michigan motorcycle accident lawyer.

Burn Injuries -- Personal Injury Case

Burn injuries are extremely painful and may leave permanent physical and psychological scars. According to the Journal of Burn Care and Rehabilitation, in the early nineties there were more that 2.4 million burn injuries reported in the United States every year. Of these burn injuries, over one million involved significant physical damage.

Each year, thousands of burn injuries result in death. In fact, burn injuries are the second leading cause of accidental death, behind automobile accidents.

There are four categories of burn injuries:

1. First degree burns
2. Superficial second degree burns
3. Deep second degree burns
4. Third degree burns

First Degree Burns
First-degree burns usually affect the outer layer of the skin, called the epidermis. A first-degree burn tends to be moist and red in color. A burn of this nature is generally resolved within a week. A classic example of a first-degree burn would be mild sunburn.

Superficial Second Degree Burns
A superficial second-degree burn penetrates the entire epidermal layer of skin and extends down to the next skin layer, known as the dermis. Pressure on a second-degree burn tends to produce red blanches. The burn may appear moist and pinkish in color. A superficial second-degree burn also should heal spontaneously, often within two weeks.

Deep Second Degree Burns
A deep second-degree burn differs from the superficial variety, because the tissue destruction runs deeper into the dermis. A burn of this nature will be dry and whitish in color. It will not produce red blanches with application of pressure. This type of burn may take three to four weeks to heal. There is a risk that a deep second-degree burn will leave thick or hypertrophic scars.

Third Degree Burns
The most severe classification is the third degree burn. This occurs when the burn destroyed both the epidermal and dermal layers of skin and extended down to the subcutaneous tissue. These burns may be physically depressed, charred, and often leather-like in appearance.

Ironically, a third degree burn may not be as physically painful as less severe types, because of the amount of nerve endings that were destroyed. These burns are very serious and often require skin grafting or other reconstructive procedures.

Burns are also classified into two categories: partial thickness and full thickness. Partial thickness burns include first and second degree burns, while full thickness burns are usually third degree burns.

These descriptions only describe the general burn characteristics. However, you should not attempt to diagnose the severity of a burn on your own. Instead, get prompt medical attention, because this can be important in minimizing pain and promoting faster recovery. In severe burn cases, immediate medical treatment may save lives.

Burn injuries are expensive to treat. A prolonged hospitalization for third degree burns can easily exceed $100,000. Many burn injuries are due to negligence (the fault of another person). If you or a loved one suffered a burn injury, talk with an experienced Michigan personal injury lawyer today.

The Shrinking Supreme Court Docket

In 2006, the U.S. Supreme Court issued decisions on only 69 cases –the smallest number since before the Civil War. In the 1980’s, it was common for the Court to produce decisions on approximately 150 cases each year. In the early 1990’s, the number was still well over 100 cases — 117 decisions were produced in 1991.

During 2005 Senate confirmation hearings, Chief Justice John Roberts said he would work to increase docket size — but the exact opposite happened. Obtaining certiorari has always been a difficult task, and now it's even harder for litigants trying to get final resolution of their disputes.

The number of requests for Supreme Court review has not declined. At present, the Court receives more than 8,000 petitions for review, but chooses fewer than 70 for briefing and oral argument. This causes problems in cases turning on issues on which the lower courts are sharply divided.

There are several possible reasons for the Supreme Court’s decreased caseload.

First, the Justices may want to take fewer cases and work harder on them. It is true that the average number of pages per decision has increased to 100 pages. However, longer Court opinions are not necessarily better than shorter ones.

Second, the U.S. government is seeking Supreme Court review in fewer cases. Throughout the 1980’s, the U.S. Solicitor General’s office sought certiorari for about 50 cases a year. Now, it is requesting review of only about 10 cases a year. Because the Solicitor General’s office has substantial influence on the Court’s willingness to grant certiorari, this could contribute to the decline in its docket.

Third, the Justices themselves may be employing more strategic voting tactics. While it only requires four Justices to grant certiorari, any four may be reluctant to grant review, unless they are confident of receiving a fifth vote on the final decision.

Fourth, the use of the “cert pool” could be reducing the Court docket. Eight out of the nine Justices have agreed that one law clerk will read each case and prepare a memorandum summarizing reasons to either grant or deny certiorari. It has been suggested that law clerks feel pressured to advise against certiorari, because the Justices are more likely to accept this recommendation.

Lastly, a worthy explanation is that the lower federal courts and the Supreme Court have become ideologically similar. Majorities of both the Supreme Court and most federal Courts of Appeals have been appointed by Republican Presidents and tend to be conservative. Because these lower federal courts and the Supreme Court generally agree with each other, the latter may feel more comfortable accepting fewer cases.

Unfortunately, the Court never really explains its reasoning for declining a particular case — it usually provides a one-sentence order denying review.

However, as the Supreme Court keeps reducing its own workload, it continues to leave important legal questions unresolved.

Car - Motorcycle Accidents

Most Michigan motorcyclists use every possible safety precaution. But a motorcyclist hit by a car may not stand a chance. In these collisions, the motorcyclist is at grave risk of severe injury, permanent disability, or even death.

Over 4,000 motorcyclists died in motor vehicle crashes in 2004, according to the National Highway Safety Administration. Another 76,000 motorcyclists were injured in traffic accidents in that year alone.

Motorcyclists who survive automobile crashes often suffer serious injuries that require hospitalization, surgery, and long-term medical treatment. Some victims never regain their ability to work or resume normal family life.

Even if a car accident victim makes a relatively good recovery, the crash takes its toll. The individual may lose time and income from work, need help with household chores, and have to live with lingering pain from car accident injuries. In short, an auto accident can significantly change a motorcyclist’s life -- temporarily or even permanently.

Special Legal Issues in Motorcycle-Car Accident Cases
A motorcyclist injured in a Michigan car accident has a special need for help from a highly-qualified car accident attorney. In important ways, the legal claims of a motorcyclist are different -- and more complicated -- than the claims of an automobile driver, because Michigan law does not consider a motorcycle to be a “motor vehicle.”

Therefore, the most important legal claim available to a motorcyclist who is seriously injured in a Michigan car accident may be a Third-Party lawsuit against the negligent driver and the owner of the automobile involved in the collision. Under Michigan law, the injured motorcyclist may be able to recover damages for non-economic losses, including pain and suffering.

The Michigan car accident victim also may have a First-Party claim for No-Fault benefits, which cover economic damages, including medical costs, wage loss, attendant care, and replacement services. These No-Fault First-Party benefits may be crucial to the economic survival of a motorcyclist injured in a Michigan car accident. The accident victim must claim these benefits within one year.

However, an individual who held legal title to the motorcycle on which he or she was injured, and did not carry the basic liability insurance required by Michigan law, cannot get First-Party Benefits.

If you or a loved one have been seriously injured in a Michigan car accident, contact an experienced car accident lawyer immediately.

Expanding Access for the Disabled

Disability advocates are carefully looking at the Bush Administration’s new rules concerning the handicapped. The new regulations would give people with disabilities more access to many facilities from which they are currently barred. They would also update and revise the national standards for the Americans with Disabilities Act, in an effort to respond to the needs of an aging population and an increasing number of disabled war veterans.

The new rules would apply to more than seven million businesses and all state and local government agencies, and potentially assist the 51 million Americans who live with some sort of disability. The U.S. Chamber of Commerce criticizes the proposal, hailing it as too costly.

On the other hand, advocates for the disabled say that the rules do not go far enough, as the number of people living with a handicap increases each year. By 2010, it is estimated that 2% of the adult population will use wheelchairs, while 4% will use some sort of mobility device.

The proposed rules would change the way that facilities are built in order to be more accessible to the disabled. For example, courts would have to provide a lift or ramp to make sure that people in wheelchairs could make it to the witness stand. Light switches in hotel rooms could not be more than 48 inches high.

At the Bernstein Law Firm, we believe that it is essential to increase the accessibility to public facilities for those who need it. We are committed to protecting and expanding the rights of the disabled.

In our law office, attorney Richard Bernstein manages the department of litigators who focus on representing the disabled in complex, groundbreaking civil rights litigation. His work has won important victories in cases involving the City of Detroit, Northwest Airlines, and the University of Michigan.