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When you have been injured as a result of an automobile accident, there are two possible claims for which we can provide legal services. Where an individual sustains bodily injury, which arises out of the defendant's negligent operation of a motor vehicle, the injured person is entitled to compensation for the non-economic losses or damages sustained. Non-economic damages refer to bodily injury in the form of physical pain and suffering, disability or physical impairment, denial of social pleasures, etc. The law requires that the injured party sustain a threshold injury, defined under the law as "serious impairment of a bodily function," which will require objective medical evidence in support of that injury and which injury must affect a person's normal daily activities.
Because Michigan is a no-fault state, when a person sustains accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle, an insurance company is responsible for paying the following economic benefits:
Auto negligence includes trucking accidents, motorcycle accidents, snowmobile accidents, boat accidents and accidents involving any other motor vehicle.
Fieger Law handles violations of civil rights. Federal statutes enacted after the Civil War and more recently in 1957 and 1964, were intended to implement and give further force to the basic personal rights guaranteed by the Constitution. Such laws prohibit discrimination in employment, education, public accommodation, etc., based on race, color, age, religion or national origin.
The Constitution further protects individuals and provides relief when a governmental official or employee acts with deliberate indifference to a person's health, safety and welfare, which leads directly to an injury or death. The Fieger Law Firm specializes in the handling of violations of civil rights under 42 USC 1983.
Contract law is the basis of all commercial dealings. It is a body of law that governs oral and written agreements associated with the exchange of goods and services, money, and properties. This area of law covers a broad spectrum of federal, state, and local laws. The attorneys at Fieger Law specialize in all of these laws and can evaluate whether or not there has been a breach of duty pertaining to a business agreement between two or more parties.
If you have been charged with a crime under state or federal law, whether a misdemeanor or felony, a traffic violation or drunk driving offense, the Fieger Law Firm can assist you with the defense of your rights and liberties. Our attorneys are experienced in assisting clients in navigating their way through the criminal justice system, which can often be a very scary and bewildering process.
Michigan has a Dram Shop Statue which imposes liability on the seller of intoxicating liquors, when a third party is injured as a result of the intoxication of the buyer, when the sale has caused or contributed to such intoxication. The law requires that at the time of sale, the buyer must be visibly intoxicated. The act protects the injured party against personal injury and property damage resulting from affirmative acts of the allegedly intoxicated person, such as negligent driving assault and battery and other negligent conduct.
The Labor and Employment department at Fieger Law is dedicated to handling the civil litigation of cases involving discrimination and unfair labor practices toward individuals. Our practice involved representing individuals in discrimination actions (sex, race, color, harassment, national origin, religion, age and disability), unfair labor practices (denial of wages, overtime and equal pay), denial of leave (Family Medical Leave Act) or being retaliated against for asserting your rights.
Unwelcome sexual advances or conduct on the job that creates an intimidating, hostile or offensive working environment can constitute sexual harrassment. Sexual harassing behavior ranges from repeated offensive jokes to a workplace full of pornography to outright sexual assault. Sexual harassment is prohibited by the federal Civil Rights Act of 1991 as well as state laws.
Unfair or discriminating labor practices against employees can occur in many ways: not hired, not promoted, denied equal pay for equal work, harassed on the job, subjected to inappropriate jokes or inappropriate touching, discharges, not paid wages or overtime, denied of leave, and denied the opportunity to work in an environment free of harassment and retaliation.
The Fieger Firm represents individuals throughout the United States in all state and federal courts. We also represent employees before administrative agencies such as the Equal Employment Opportunity Commission, Department of Labor, Occupational Safety and Health Administration, National Labor Relations Board, Michigan Commission on Human Relations and the Michigan Department of Unemployment Compensation.
What constitutes negligence will depend on the facts of each individual case and the attorneys at Fieger Law specialize in evaluation of these kinds of cases. Negligence is the failure to use reasonable care; and every person is responsible for any injury to the person or property of another, caused by his or her negligence. Negligence may consist of action or inaction. The law allows for recovery of damages if a person is negligent and fails to act as an ordinarily prudent person would act under the circumstances.
An intentional tort is a negligent act which done purposefully and not by accident or involuntarily. A person acts intentionally if he desires to cause consequences of his acts or if he believes the consequences is substantially certain to occur.
In the context of a work-related injury, the only way to avoid the exclusive remedy provisions of the Michigan Workers' Compensation Disability Act is to show that the employer acted in an intentional manner, such that the injury was substantially certain to occur. If there is sufficient evidence of an intentional tort, the employer can be sued directly, outside of the confines of Workers' Compensation.
Legal malpractice is negligence that arises when an attorney fails to live up to the standards of their profession and consequently an injury results. Lawyers, like doctors and other professionally licensed individuals, can be held accountable for their negligent acts. The Statute of Limitations for bringing a claim against an attorney is two years form the date of the negligent act and will require "expert" testimony to support the claim.
Fieger attorneys can quickly tell you whether you have a meritorious claim. In other instances, it may be necessary to do research and/or to have your case evaluated by an attorney practicing in a specialized area of the law, before deciding if the case has merit. We have the resources and outside experts to have your case quickly and properly evaluated.
Medical errors kill between 48,000 and 100,000 persons each year, according to the Institute of Medicine.
Medical malpractice occurs when a healthcare provider – doctor, hospital, HMO, nurse, chiropractor, therapist or other individual or entity licensed to provide medical care or treatment – fails to do what a competent doctor would have done, resulting in injury, disability, physical impairment or death.
If you or a loved one may have been a victim of medical malpractice, or negligence you should act promptly to preserve your rights by hiring a medical malpractice lawyer for your claim.
Michigan has a statute governing sales and credit practices involving consumer goods. The statue prohibits unfair or deceptive advertising and sales practices and regulates product quality, credit financing and reporting, debt collection, leases and other aspects of consumer transactions. If a party has violated the Consumer Protection Act, a legal cause of action may exist for those injuries and damages sustained.
Personal Injury pertains to any violation of an individual's right, other than his or her rights in property. The attorneys at Fieger Law specialize in all cases personal injury. The personal injury section of the firm is staffed with the best attorneys, paralegals, and litigation specialists.
Personal Injury involves civil law cases where you are trying to obtain compensation for an injury you sustained to your person. Physical injuries to your person could arise from being involved in an automobile accident, a railroad accident, airline or other common carrier accident, a construction or other workplace accident, being injured as a result of a dangerous or otherwise unsafe product and other injury-causing situations. However, personal injuries are not just physical, such injuries can be psychological. Psychological personal injuries are typically caused by psychological trauma associated with life-threatening and/or disfiguring physical injuries, or as a result of witnessing trauma in others, or following personal escape from serious injury following a traumatic event.
It is extremely important to have an expert evaluate the full set of circumstances of your case before involving yourself in any personal injury negotiations or law suit.
Geoffrey Fieger and the attorneys at Fieger Law have obtained many record verdicts in cases involving police misconduct and use of excessive force by law enforcement. Police officers and correctional facilities generally have broad powers to carry out their duties. The U. S. Constitution and other federal and state laws place limits on how far police can go in trying to enforce the law. When police officers go too far and violate your rights, you may have recourse through these laws. Fieger Law has a staff of experts able to assist in evaluating your case to determine whether you or your loved ones have been a victim of police misconduct.
Owners or possessors of land, premises or a place of business are responsible under the law for maintaining the premises in a reasonably safe condition. The owner or possessor has a duty to exercise ordinary care to protect people from unreasonable risks of injury. If a person falls, slips or trips upon a condition which is considered to be unreasonably dangerous, that person is entitled to recover compensation for bodily injures as well as other damages sustained, including economic losses and damages.
Fieger attorneys can quickly assess your slip and fall accident and determine whether you have a meritorious claim under the law.
If you have been injured by a defective product, Fieger Law can help you navigate through this complicated area of the law. Product liability is the law that provides for compensation for physical injuries and property damage resulting from defective and unreasonably dangerous products and from the failure of a manufacturer or seller to warn the consumer of product dangers.
There are three major types of product defects, though there are varying standards for defectiveness depending on the product as well as the jurisdiction. These three general categories are:
Owners or possessors of land, premises or a place of business are responsible under the law for maintaining the premises in a reasonably safe condition. The owner or possessor has a duty to exercise ordinary care to protect people from unreasonable risks of injury. If a person falls, slips or trips upon a condition which is considered to be unreasonably dangerous, that person is entitled to recover compensation for bodily injures as well as other damages sustained, including economic losses and damages.
Fieger attorneys can quickly assess your slip and fall accident and determine whether you have a meritorious claim under the law.
Employers are strictly liable to an employee who sustains injury in the course of their employment, without regard to negligence or fault. State and Federal statues provide for fixed awards to employees or their dependents in cases of employment related accidents, injuries and diseases. Typically, the workers' compensation claim is the exclusive remedy, barring the employee from suing the employer directly for negligence unless the employer has engaged in intentional misconduct (see intentional tort).
The Fieger Law Firm is committed to assisting any and all employees injured on the job with their workers' compensation claims.
A claim for Wrongful Discharge surrounds an at-will employees cause of action against his former employer, alleging that his or her discharge was in violation of either state or federal anti-discrimination laws, public policy, an express or implied contract or an implied covenant of good faith and fair dealing. Normally, an employer may terminate the employment relationship of an at-will employee, for any reason. The at-will employment relationship has no specific duration and such relationship may be terminated, at the will of either the employer or the employee, for or without any cause. However, the employer cannot fire an employee if there is an employment contract where the terms and conditions of employment are provided. The employer also cannot fire an employee, if the employer expressly or impliedly promised not to do so under certain conditions or circumstances, which can be proven. Finally, the employer cannot engage in a pattern or practice of discriminatory behavior, based upon an employees age, sex, race, national origin or religion or based upon an employees disability. Such actions may violate either state or federal anti-discrimination laws, for which legal remedies are provided.
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