Drive Sober or Get Pulled Over

In America, approximately 27 people die per day as a result of drunk driving. Drive Sober or Get Pulled Over: A Two-Week Reminder to Save Your Life On Friday, August 18, the annual “Drive Sober or Get Pulled Over” campaign went into effect across the country. The two-week movement is a reminder to all about [...]

STRUCTURED SETTLEMENT

A structured settlement provides a secure, tax-free, and management free investment that is often a sensible tool for a minor that will receive money from a settlement of a lawsuit.  There is much confusion about how a structured settlement works.  Specifically, there is uncertainty about when to use a structured settlement when settling a case [...]

WRONGFUL DEATH

Following the resolution of a wrongful death case, the court must determine to whom to distribute the proceeds.  After the payment of attorney fees, costs, and liens on the monies, the court will distribute the monies among the available wrongful death claimants.  Most of the time, the personal representative, with input from the attorney and [...]

SETTLEMENTS

As a personal injury attorney, are you handling your settlements correctly for minors and incapacitated persons?  MCR 2.420 mandates that all personal injury settlements and judgments for minors or persons under guardianship must be brought before the judge to whom the action is assigned to pass on its fairness. Judge Milton L. Mack, Jr. of [...]

PERSONAL INJURY PROTECTION

A new trend among Personal Injury Protection (PIP) insurance companies is to intervene in probate proceedings.  The goal is to force the attendant care provider to battle the insurance carrier in two courts, circuit and probate.  This is an unfortunate new tactic.  It causes additional expense and time to a family that already may have [...]

WRONGFUL DEATH DISTRIBUTION

WRONGFUL DEATH DISTRIBUTION A wrongful death lawsuit was commenced by a personal injury firm and a favorable settlement was reached for the decedent.  Following a settlement, the proceeds of the settlement must then be distributed to the wrongful death claimants based on Michigan’s wrongful death act, MCL 600.2922.  The statute distributes the proceeds to certain family [...]

PROBATE?

People often call and ask whether there is a need to open a probate estate of a loved one.  There is so much confusion about this issue. In fact, many people that come to my office incorrectly believe that if a person dies without a Will, then there is no need for probate.  The necessity for [...]

MICHIGAN WRONGFUL DEATH CLAIMANT

WRONGFUL DEATH CLAIMANT   MCL 600.2922 governs who is entitled to file a claim for wrongful death proceeds in Michigan: decedent’s spouse children and grandchildren; parents; grandparents; brothers and sisters children of the deceased’s spouse (step-children); and devisees under a will and beneficiaries of a living trust. If you are a wrongful death claimant in a [...]

SETTLEMENTS OF PI CASES

Daily, I receive calls from attorneys requesting information on how to settle a case for a person under guardianship or conservatorship.  The controlling court rule is MCR 2.420.  The rule provides step by step guidance for settlements and judgments for minors and legally incapacitated individuals.  It is a great court rule to review.  Or instead [...]

THE “WRONGFUL DEATH MYTH”

Many PI attorneys that I speak with make an incorrect assumption that it is always better for settlement proceeds to pass via the wrongful death statute instead of through the probate estate.  I call this assumption the “wrongful death myth.”  I understand why the myth exists.  PI attorneys are generally untrusting of probate judges meddling [...]