L.Brooks Patterson on The Law Show

Oakland County Exec L. Brooks Patterson is one of many who listen to The Law Show on WJR every Sunday at 11am. In fact he called the show after Brian started discussing potential changes to Michigan’s No Fault insurance program. Listen to the call by clicking on the play button below.

http://www.thelawshow.com/wp-content/uploads/2013/07/BrooksOnLawShow4.mp3

April 7, 2013

The Law Show – Michigan Personal Injury Attorney – Brian Dailey

April 6, 2013

The Law Show – Michigan Personal Injury Attorney – Brian Dailey

It Could Have Been Prevented….

Has your loved one lost his or her life at the hands of another? Could the fatal accident have been prevented? If so, Michigan law may permit you to obtain compensation for your loss, and for the pain and suffering of the deceased.

Under the Michigan wrongful death statute, a ‘wrongful death’ occurs when a person is killed due to the negligence or fault of another person. Surviving family members and any other dependents may obtain economic compensation for their losses, including loss of support, companionship, society, and income. The estate of the deceased individual may also be able to recoup damages for pain and suffering.

Wrongful death lawsuits can arise in a variety of contexts involving negligence. These may include fatal automobile accidents, motorcycle accidents, incidents involving products liability (especially motor vehicle defects causing death), medical malpractice, nursing home negligence, police misconduct, premises liability, and recreational accidents.

The tragic story of the drowning of a five-year-old boy at the Hyatt Regency in Dearborn this past Friday is an example of a possible case. The Harper Woods boy was at a party held at the swimming pool and his family lost track of him. He was found at the bottom of the pool shortly before 9:45 PM.

A lack of proper adult supervision, negligence in maintaining the pool area, and/or an absence of life preservers are only a few plausible causes of what could have been a preventable death. Cutting corners on swimming pool safety is unacceptable and demonstrates gross negligence.

If your loved one has lost his or her life in a swimming pool incident, or any other type of accident that may have been caused by the misconduct of another person, talk with a wrongful death attorney today. Our legal team at Dailey Law Firm, P.C. is not only knowledgeable and experienced, but empathetic. As always, your initial consultation is complimentary. If we agree to handle your case, we only take compensation in the event of success. Particularly in wrongful death cases, suit must be filed before a critical date, known as the ‘statute of limitation’. Contact us at (866) 66-LAWYERS to ensure that you do not lose your right to compensation.

Reminder Michigan: “Click It or Ticket”

The Case of L. Brooks Patterson

The serious car accident of Oakland County Executive L. Brooks Patterson involving three unbelted passengers should be a public service announcement as to why it’s imperative to wear a seatbelt while travelling in a vehicle.

On August 10, Patterson’s Chrysler 300 collided with a Volkswagen Passat being driven by Mr. Anthony Prainito of Royal Oak. Patterson was hospitalized for five weeks and suffered multiple broken bones, in addition to a fine of $65 for failing to “click it”. Passengers James Cram and Raymond Recchia also sustained severe injuries in the crash. While Michigan prides itself on a 95% seatbelt compliance rate, the notion that 3 out of the 4 occupants involved in this crash were not belted is quite alarming.

Michigan Seatbelt Laws

As a reminder, Michigan law dictates that:

  • The driver of an automobile and any front-seat passenger must buckle up
  • Child passengers aged 8-15 are required to wear seatbelts irrespective of seat location
  • Child passengers must be buckled in a proper car seat until they reach the age of 8 or the height of 4 feet 9 inches, whichever comes first
  • Backseat passengers over age 16 can legally choose whether or not to ride unbuckled

Penalties for Not Wearing a Seatbelt

Not only might the failure to belt result in bodily injury, but, as in the case of Patterson, fines and citations are frequently issued. Failing to wear a belt is punishable under the Michigan Vehicle Safety Code Safety Belt Law § 257.710(d), authorizing police to pull over and charge drivers for a civil infraction. Additional fines of $10-$65 may be applied, payable on request to the general state plaintiff. And, in the event of an accident where there is negligence by a driver or passengers not wearing seatbelts, compensation for damages and vehicular maintenance can be reduced by up to 5%.

The safety aspects of seatbelts are often understated, but buckling up can decrease your risk of serious injury or death in an accident by up to 45%. The National Highway Transportation Safety Administration estimates that over 10,000 lives per year are saved by belting.

Click here for more facts and statistics on the benefits of seatbelts.

At the Dailey Law Firm, P.C., our attorneys remain abreast of recent developments in the law surrounding car accidents, trucks accidents, and motorcycle accidents. We’re also skilled in interpreting the legality of your traffic stop, ticket, or citation. Contact us today at (866) 66-LAWYERS with the specifics of your case. We’re here to help.

Illinois Child Support Changes

Effective January 13, 2012, Illinois child support laws will change to include:

“The court in its discretion, in addition to setting child support pursuant to the guidelines and factors, may order either or both parents owing a duty of a support to a child of the marriage to contribute to the following expenses, if determined by the court to be reasonable: (a) health needs not covered by insurance; (b) child care; (c) education; and (d) extracurricular activities.”

Thus, as of January 13, 2012, a parent responsible for child support may further be ordered to contribute to out-of-pocket healthcare costs, child care expenses, education, and extracurricular activities. In assessing additional support, the court will consider what is appropriate in light of the best interest of the child and several other factors. Be sure to consult with a qualified, experienced domestic relations attorney who cares. For a free and confidential evaluation of your case, contact Debra Crane at the Dailey Law Firm, P.C. in Chicago today.

Illinois Grandparent Visitation Rights

Illinois statutes give grandparents standing to bring an action in circuit court by petition requesting visitation of a minor child who is one year or older if there is an unreasonable denial of visitation by a parent and one of the following conditions exist:

  1. The child’s other parent is deceased or has been missing for at least 3 months;
  2. A parent of the child is incompetent as a matter of law;
  3. A parent is incarcerated;
  4. The child’s mother and father are divorced, legally separated or there is a dissolution of divorce proceeding or another court proceeding involving custody or visitation of the child and one parent does not object to the visitation;
  5. The child is born out of wedlock and the parents are not living together;

The grandparents must prove that the parent’s denial of grandparent visitation decision is harmful to the child’s mental, physical, or emotional health.  The statute requires the court to consider several factors when making its decision whether to grant grandparent visitation, including but not limited to the child’s preference, the length and quality of the relationship between the child, the grandparents, the good faith of the party in filing the petition and whether the grandparents were a primary caregiver of the child for a period of not less than 6 consecutive months.

In August 2012 the Illinois Appellate Court denied a grandmother’s petition for grandparent visitation despite her involvement in the child’s life because evidence showed that the grandmother interfered with the parental decision making authority of the child’s mother and that the grandmother attempted to poison the child’s mind against the child’s mother.

Short Sales Simplified

If you owe more on your home than it’s worth there is new relief available.  The Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac are issuing new short sales guidelines.

New short sales guidelines

The new guidelines, which go into effect Nov. 1, 2012, will permit a homeowner with a Fannie Mae or Freddie Mac mortgage to sell their home in a short sale even if they are current on their mortgage if they have an eligible hardship.

What is a short sale?

A short sale is a process that allows homeowners to sell their “underwater” homes without taking financial responsibly for the mortgage deficiency.  This waiver of deficiency can result in thousands of dollars in savings to homeowners who owe more than what their home is worth.

Previously only homeowners who were severely behind on mortgage payments qualified for short sale programs.  This new development makes short sale an option for homeowners who are current with their lender.

Dailey Lawyer Justin Grove concentrates in the area of short sales and home foreclosures.  He can help you access this program and guide you through the process.  Grove said this new development is welcome but he cautions those considering the program to take the proper steps to avoid paying a severe tax penalty.

There are federal programs that allow many homeowners to avoid paying taxes on the savings realized from a short sale.  I would urge people to call me or visit our office for advice on how to best proceed”.

Grove and other attorneys at the Dailey Law Firm provide free in office short sale consultations.  For more information call the firm 866-66-LAWYER.

Grove is the director of the foreclosure division of the Dailey Law Firm.  He is a frequent guest on The Law Show airing weekly on WLS Chicago and WJR Detroit.

Brian Dailey is the founder of the Dailey Law firm and Host of the Law Show.  The Dailey Law firm is based in the Midwest with offices in Detroit and Chicago.

Read the FHFA Press Release

Michigan Dog Bite Liability

Mark Twain once said, “It’s not the size of the dog in the fight, it’s the size of the fight in the dog”. It is a common misconception that only the owners of mean-spirited, vicious, teeth-bearing dogs may be held liable for the repetitive attacks of their pets. Yet, under Michigan dog bite law, any dog owner is responsible for any physical injury that the dog causes to a victim regardless of when and where the bite occurs.

Take this plausible scenario. Jane recently rescued a chihuahua from a local pet shelter. Last Saturday, Jane invited her elderly neighbor, Betty, over for a cup of tea. As Betty made her way up Jane’s walk, she bent down to pet the little dog. The dog responded with a playful nip which unfortunately broke Betty’s skin, causing a painful gash and requiring a set of five stitches. Betty’s husband decided to sue for the cost of Betty’s medical bills and for her pain and suffering. Jane had no reason to believe that her tiny pet had the propensity to bite.

Despite Jane’s lack of knowledge, she will likely be held liable for Betty’s medical costs. Under Michigan dog bite law, the victim of a dog bite attack does not have to prove that the dog owner was aware that the dog was dangerous and simply failed to take proper precautions. All that must be shown is that the dog caused the injury, and that the dog was owned by the defendant.

If you or a loved one has suffered an injury or even disfigurement as a result of a Michigan dog bite, contact the Dailey Law Firm for a free consultation about your legal rights. If you are a dog owner, the victim’s taunting or provocation of the dog or any trespassory actions may be a defense to liability. Dog attack injuries are usually covered under the dog owner’s homeowner’s insurance policy, but your claim must be filed within a specified period of time or your right to compensation will expire. Call 866-66-LAWYER today.

Protect Your Home and Rights in Foreclosure

For now, the legal confusion continues and the battle goes on. Follow this web site to keep up to date on this violation of homeowners rights and the efforts of the Dailey Law Firm and others to stop  foreclosures and protect your home and rights in foreclosure!

Brian Dailey is the founder of The Dailey Law Firm in Royal Oak, Michigan.  Dailey is the host of The Law Show broadcast each Sunday at 11am on NewsTalk 760 WJR.  He has been hosting the weekly legal radio program in metro Detroit for 12 years.

Attorney Brian Dailey recommends homeowners who are currently in the process of foreclosure or who have been recently foreclosed should contact a lawyer immediately.  Protect your home!