gergely-law-office-new

Michigan Dog Bite Laws: When Owners Are Liable

Thu, 09 Apr 2026 16:00:19 GMT

Michigan Dog Bite Laws: When Owners Are Liable

Dog attacks can happen without warning — and the injuries can be serious.

Victims often suffer puncture wounds, scarring, infections, nerve damage, and emotional trauma. In many cases, dog bite injuries require emergency treatment, follow-up care, and even reconstructive surgery.

The good news is that Michigan law provides strong protections for dog bite victims.

At Gergely Law Offices P.C. , our personal injury trial lawyers have represented injury victims throughout Michigan since 1969. We help clients pursue compensation through thorough preparation, attention to detail, and tenacious advocacy — especially when an insurance company or dog owner tries to deny responsibility.

Does Michigan Have a Dog Bite Law?

Yes.

Michigan has a specific dog bite statute that can make dog owners legally responsible for injuries even if the dog has never bitten anyone before.

This is often referred to as strict liability .

What Does “Strict Liability” Mean in Michigan Dog Bite Cases?

In many Michigan dog bite cases, the victim does not need to prove that the dog owner was negligent.

Instead, strict liability means the owner may be responsible simply because:

The dog bit someone, and
The victim was legally allowed to be where the bite occurred

In other words, the owner cannot always defend the case by saying:

“My dog has never bitten anyone before.”
“The dog was usually friendly.”
“I didn’t think the dog would attack.”

When Is a Dog Owner Liable Under Michigan Law?

In general, Michigan’s dog bite statute applies when:

1. The dog bite occurred

The law applies specifically to bites. (Other injuries may still be actionable under different legal theories.)

2. The victim was lawfully on the property

The victim must have been somewhere they had a legal right to be.

This can include:

Guests
Neighbors
Delivery drivers
Utility workers
Children visiting friends
People walking on public sidewalks

3. The victim did not provoke the dog

Provocation can be a defense in some cases.

What If the Dog Bite Happened on Private Property?

Dog owners can still be liable for bites that occur on private property.

However, the key question is whether the victim was lawfully present .

For example, a dog owner may be liable if the bite occurred when:

A guest was invited over
A child entered the yard to retrieve a ball
A delivery driver approached the front door
A worker entered the property for legitimate reasons

Dog bite cases often involve disputed facts. That is why evidence and legal strategy matter.

What If the Dog Bite Happened in a Public Place?

Many dog bites occur in public spaces, such as:

Sidewalks
Parks
Apartment complexes
Shared outdoor areas
Neighborhood streets

Dog owners may still be strictly liable if the victim was lawfully present and did not provoke the dog.

Can a Dog Owner Avoid Liability?

Even though Michigan law is favorable to victims, dog owners and insurance companies often attempt to avoid responsibility.

Common defenses include:

Provocation

The owner may claim the victim provoked the dog.

Trespassing

The owner may argue the victim was not lawfully on the property.

Assumption of Risk

In some cases, the defense may argue the victim knowingly accepted the risk of being around the dog.

These defenses can be challenged — and many cases depend on careful investigation and strong legal presentation.

What Damages Can You Recover After a Dog Bite in Michigan?

Dog bite victims may be entitled to compensation for:

Emergency medical treatment
Hospital bills
Surgery and follow-up care
Infection treatment
Scarring and disfigurement
Nerve damage
Lost wages
Pain and suffering
Emotional distress
Permanent injury or disability

Children are especially vulnerable to dog bite injuries, particularly bites involving the face, neck, and hands.

What If a Child Was Bitten?

Dog bite cases involving children are often especially serious.

Children may require:

Plastic surgery
Long-term medical care
Psychological treatment
Ongoing monitoring for trauma

A child may also be less able to defend themselves, which can impact how liability is evaluated.

At Gergely Law Offices, P.C. , we handle dog bite cases with the thorough preparation and attention to detail that serious injuries demand.

What If the Dog Bite Did Not Break the Skin?

If the injury did not involve an actual bite, the strict liability statute may not apply — but the case may still be actionable.

For example, you may have a claim if a dog:

Knocked you down
Scratched you severely
Caused you to fall while escaping
Attacked in a way that caused injury without biting

These cases may require a different legal approach, and legal guidance is strongly recommended.

What to Do After a Dog Bite in Michigan

If you were bitten by a dog, taking the right steps can protect your health and your claim:

Seek medical care immediately
Report the incident to animal control or local authorities
Take photos of the injury and the location
Get the dog owner’s contact information
Obtain witness information if possible
Keep records of medical treatment and expenses
Do not accept a quick settlement without legal advice

Insurance companies may attempt to resolve dog bite claims quickly — often for far less than the case is worth.

Why Trial Experience Matters in Dog Bite Claims

Dog bite cases are often contested.

Insurance companies may argue:

The victim provoked the dog
The victim was trespassing
The injuries are not serious
The claim is “overstated”

At Gergely Law Offices, P.C. , our personal injury trial lawyers have represented injury victims since 1969. We have recovered millions in settlements and verdicts through thorough preparation, attention to detail, and tenacious advocacy.

That trial-focused approach can make a major difference in dog bite cases — especially when liability is disputed or injuries are severe.

No Fees Unless We Win

At Gergely Law Offices, P.C. , you pay no attorney fee unless we recover compensation on your behalf.

We offer free confidential consultations and serve clients throughout Michigan.

How Michigan No-Fault Insurance Works After a Car Accident

Thu, 12 Mar 2026 16:00:38 GMT

How Michigan No-Fault Insurance Works After a Car Accident

If you’ve been injured in a Michigan car accident , you may quickly realize that Michigan’s no-fault insurance system is not simple.

Many accident victims assume that the at-fault driver’s insurance automatically pays for their medical bills and lost wages. In Michigan, that is often not how the process works.

Understanding how no-fault insurance works can help you protect your benefits, avoid costly mistakes, and pursue the full compensation you deserve.

At Gergely Law Offices P.C. , our personal injury trial lawyers have represented injured clients across Michigan since 1969. We help accident victims navigate no-fault claims, fight denied benefits, and pursue compensation when insurance companies refuse to pay fairly.

What Is Michigan No-Fault Insurance?

Michigan is a no-fault auto insurance state. This means that after most car accidents, your own insurance policy is responsible for paying certain benefits — regardless of who caused the crash.

These benefits are often referred to as Personal Injury Protection (PIP) benefits.

What Does Michigan PIP Cover?

Depending on your policy, Michigan no-fault benefits may include:

Medical Expenses

PIP benefits may cover accident-related medical care such as:

Emergency treatment
Hospital visits
Surgery
Physical therapy
Diagnostic imaging
Rehabilitation
Prescription medication

Your coverage may depend on the level of medical benefits you selected.

Wage Loss Benefits

If your injuries prevent you from working, you may be eligible for wage loss benefits.

These benefits can help replace income while you recover.

Replacement Services

Michigan no-fault benefits may also cover replacement services, meaning help with tasks you can no longer perform due to injury, such as:

Household chores
Cleaning
Meal preparation
Other daily tasks

Mileage and Transportation Costs

If you must travel for medical treatment, you may be entitled to reimbursement for mileage and transportation.

Who Pays PIP Benefits After a Michigan Car Accident?

In most cases, PIP benefits come from:

Your own auto insurance policy
Or the policy of a household family member
Or, in some cases, the insurance policy of the vehicle you were in

If no coverage is available through those sources, there may be other options — but the rules are complex.

This is one reason it is so important to speak with an experienced Michigan personal injury attorney.

What If Your No-Fault Benefits Are Denied or Cut Off?

Unfortunately, many accident victims face issues such as:

Medical bills being denied
Treatment being delayed
Wage loss benefits being disputed
Requests for unnecessary paperwork
Pressure to attend insurer medical exams

Insurance companies may attempt to limit what they pay — even when the injuries are serious and the need for care is legitimate.

At Gergely Law Offices, P.C. , we help clients fight back when insurers delay, deny, or reduce no-fault benefits.

Can You Sue the At-Fault Driver in Michigan?

Yes — in certain situations, Michigan law allows injured accident victims to pursue additional compensation through a third-party claim.

This is often where pain and suffering damages come into play.

When Can You Pursue Pain and Suffering Compensation?

To pursue pain and suffering compensation in Michigan, you generally must show that the accident caused:

A serious impairment of body function
Or permanent serious disfigurement
Or, in some cases, death

These cases require detailed medical evidence and strong legal presentation.

Our trial lawyers at Gergely Law Offices, P.C. build cases with thorough preparation and attention to detail — because serious injury claims must withstand insurance company scrutiny.

What About Vehicle Damage?

Michigan no-fault rules for vehicle damage can vary based on:

Collision coverage
Mini-tort claims
Insurance policy terms

Even when a driver is clearly at fault, vehicle damage claims can become complicated depending on coverage and policy limits.

Common Mistakes After a Michigan No-Fault Accident

No-fault claims can be harmed by early missteps, including:

Waiting too long to seek medical care
Giving a recorded statement without legal guidance
Missing paperwork deadlines
Assuming the insurance company will “do the right thing”
Accepting a low settlement too early

In serious cases, mistakes can lead to lost benefits and reduced compensation.

Why Trial Experience Matters in No-Fault and Injury Claims

Insurance companies do not evaluate claims the same way when a case is backed by trial lawyers who prepare thoroughly.

At Gergely Law Offices, P.C. , we have successfully recovered millions of dollars for injury victims through settlements and verdicts.

Our firm is known for taking cases other firms reject — and for fighting for clients who were told they “don’t have a case.”

That same tenacious advocacy matters when dealing with no-fault insurers.

No Fees Unless We Win

At Gergely Law Offices, P.C. , our fees are contingent on success.

You pay no attorney fee unless we recover compensation on your behalf.

We offer free confidential consultations and serve clients throughout Michigan.

Contact Gergely Law Offices, P.C. Today

If you were injured in a Michigan car accident and need help with no-fault benefits or an injury claim, our team is here to help.

What to Do After a Car Accident in Kalamazoo, Michigan

Fri, 13 Feb 2026 08:45:03 GMT

What to Do After a Car Accident in Kalamazoo, Michigan

A car accident can change your life in seconds.

Medical bills, lost wages, vehicle damage, and calls from insurance companies can quickly become overwhelming. Knowing what to do immediately after a crash can protect both your health and your legal rights.

At Gergely Law Offices P.C. , our personal injury trial lawyers have represented injured clients throughout Michigan since 1969. We understand how insurance companies evaluate claims — and how to build cases that maximize compensation.

If you were involved in a car accident in Kalamazoo, here are the steps you should take.

1. Seek Medical Attention Immediately

Your health comes first.

Even if you feel “okay,” some injuries — including traumatic brain injuries, internal bleeding, and soft tissue damage — may not show symptoms right away.

Prompt medical care:

Protects your health
Creates medical documentation
Strengthens your injury claim

Under Michigan’s no-fault system, medical benefits may be available regardless of who caused the crash.

2. Call the Police and Obtain a Report

Michigan law requires reporting certain accidents.

A police report provides:

An official record of the crash
Documentation of parties involved
Witness statements
Initial fault observations

Insurance companies rely heavily on this report when evaluating claims.

3. Document the Scene If Possible

If you are physically able, gather evidence before leaving the scene:

Photos of vehicle damage
Photos of the roadway and traffic signals
Weather and road conditions
Visible injuries
Contact information for witnesses

Evidence gathered early can become critical later.

4. Notify Your Insurance Company Promptly

Michigan operates under a no-fault insurance system , meaning your own insurer typically pays for:

Medical expenses (PIP benefits)
Wage loss benefits
Replacement services

You must file a no-fault application — often within one year of the accident.

Failing to file properly or on time can jeopardize your benefits.

5. Understand Michigan’s No-Fault System

Michigan’s no-fault insurance laws are complex.

Depending on your policy, you may have medical coverage limits. In addition to no-fault benefits, you may also have the right to pursue a third-party claim against the at-fault driver if you suffered a serious impairment of body function.

This is where experienced legal representation becomes critical.

At Gergely Law Offices, P.C. , we carefully evaluate both no-fault benefits and potential third-party claims to pursue all available avenues of compensation.

6. Be Cautious When Speaking With Insurance Adjusters

Insurance companies may contact you quickly after the accident.

Remember:

Adjusters are trained to minimize payouts
Recorded statements can be used against you
Early settlement offers are often low

Our firm has successfully recovered compensation for clients after other firms told them they “didn’t have a case” or encouraged them to accept inadequate settlement offers.

Thorough preparation and tenacious advocacy make a difference.

7. Do Not Accept the First Settlement Offer Without Legal Advice

Initial offers rarely reflect the full value of a claim.

Car accident victims may be entitled to compensation for:

Medical expenses
Future treatment
Lost wages
Pain and suffering
Permanent disability
Loss of earning capacity
Property damage

Once you accept a settlement, you typically cannot pursue additional compensation.

8. Contact an Experienced Kalamazoo Personal Injury Attorney

Serious car accident cases require detailed investigation, medical review, and careful negotiation — and sometimes litigation.

At Gergely Law Offices, P.C. , our trial lawyers have recovered millions of dollars in settlements and verdicts. We are known for:

Thorough preparation
Attention to detail
Investing firm resources into complex cases
Pursuing claims other firms decline
Aggressive courtroom advocacy when necessary

We understand Michigan injury law — and we are committed to maximizing your financial recovery.

Common Injuries After Car Accidents

Our firm has represented clients suffering from:

Traumatic brain injuries (TBI)
Neck and spine injuries
Herniated discs
Broken bones
Orthopedic injuries
Burns and scarring
Soft tissue injuries
Paralysis
Wrongful death

Serious injuries often require long-term medical care and significantly impact a person’s quality of life.

How Long Do You Have to File a Claim in Michigan?

Michigan law limits the time you have to pursue certain claims.

No-fault claims often require action within one year
Third-party injury claims generally must be filed within three years

Missing deadlines can permanently bar your case.

Speaking with an attorney early helps protect your rights.

No Fees Unless We Win

At Gergely Law Offices, P.C. , you pay no attorney fee unless we recover compensation on your behalf.

We offer free confidential consultations and serve clients throughout Michigan.

The Role of an Attorney in Fatal Car Accident Claims

Thu, 25 Dec 2025 17:00:11 GMT

The Role of an Attorney in Fatal Car Accident Claims

Losing a loved one in a car accident is one of the most devastating experiences a family can endure. Beyond the emotional toll, families are often left facing financial burdens, unanswered questions, and uncertainty about how to move forward. In Michigan, where the No-Fault Insurance Act governs auto accident claims, these cases can be especially complex. That’s why having an experienced Kalamazoo auto accident attorney is crucial in the aftermath of a fatal crash .

Understanding Wrongful Death Claims in Michigan

When a person loses their life in a motor vehicle accident caused by another driver’s negligence, their surviving family members may be entitled to pursue a wrongful death claim . These claims allow families to seek compensation for:

Funeral and burial expenses
Loss of financial support
Loss of companionship and guidance
Medical bills related to the accident
Pain and suffering experienced by the deceased before passing

Because these claims involve multiple parties—insurance companies, medical providers, and sometimes large corporations—they require careful legal handling.

How an Attorney Helps Families After a Fatal Crash

1. Investigating the Accident

Attorneys gather critical evidence such as police reports, witness statements, accident reconstructions, and medical records to determine liability and build a strong case.

2. Handling Insurance Companies

Insurance carriers often attempt to minimize payouts in fatal accident claims. An attorney levels the playing field, negotiating directly with insurers to ensure the family receives fair compensation.

3. Navigating Michigan’s No-Fault Law

Michigan’s no-fault system provides certain benefits but can also limit recovery in some cases. An experienced attorney ensures that families take advantage of every available benefit and pursue additional damages when possible.

4. Pursuing Justice in Court

If a fair settlement cannot be reached, a trial lawyer can represent the family in court, presenting evidence to a jury and advocating for the full measure of justice their loved one deserves.

Why Experience Matters in Fatal Accident Cases

Fatal car accident claims are among the most challenging cases in personal injury law. They require not only legal knowledge but also compassion, patience, and the ability to guide grieving families through a difficult time. At Gergely Law Offices P.C. , our attorneys have decades of experience handling wrongful death claims in Kalamazoo and across Michigan. We fight tirelessly to hold negligent drivers accountable while supporting families every step of the way.

Contact a Kalamazoo Fatal Car Accident Attorney Today

If your family has lost a loved one in a car or truck accident, you don’t have to face this journey alone. The attorneys at Gergely Law Offices P.C. are here to provide trusted guidance, aggressive advocacy, and compassionate support.

Why You Need a Dog Bite Attorney in Kalamazoo

Thu, 27 Nov 2025 17:00:20 GMT

Why You Need a Dog Bite Attorney in Kalamazoo

When most people think of personal injury, they picture car accidents or slip-and-fall incidents. But dog bites are surprisingly common in Michigan — and the physical, emotional, and financial toll can be devastating. Victims may face severe lacerations, permanent scarring, nerve damage, or long-term psychological trauma.

In Kalamazoo and across Michigan, state law holds dog owners strictly liable for the harm their pets cause. That means even if the dog never bit anyone before, the owner can still be responsible for damages. But just because the law is clear doesn’t mean getting fair compensation is easy.

The Challenges Victims Face After a Dog Bite

Insurance companies often try to minimize claims, downplaying the seriousness of injuries or offering low settlements that won’t cover future medical expenses. Dog owners may also argue that the victim provoked the animal or trespassed, creating additional legal hurdles.

Without an experienced attorney, victims risk losing out on compensation for:

Medical bills (including surgery, medication, and physical therapy)
Lost income or reduced earning capacity if recovery impacts work
Pain and suffering for both physical and emotional trauma
Future medical needs such as scar revision surgery or counseling

Why Hiring a Dog Bite Attorney Matters

A skilled dog bite attorney in Kalamazoo understands both Michigan law and local courts. They will:

Investigate the circumstances of the attack
Gather witness statements, medical records, and animal control reports
Push back against insurance companies’ attempts to minimize claims
Ensure your settlement accounts not just for today’s expenses, but also for long-term needs

This comprehensive approach helps maximize compensation and hold negligent pet owners accountable.

Protecting Your Rights and Your Recovery

At  Gergely Law Offices P.C. . , we know how overwhelming it can be to deal with the aftermath of a dog attack. Our team is committed to protecting victims and helping them secure the justice and financial support they deserve.

If you or a loved one has suffered from a dog bite in Kalamazoo or anywhere in Michigan, don’t wait. The sooner you take action, the stronger your case will be.

What to Do After a Truck Accident in Michigan: Protecting Your Rights from Day One

Thu, 30 Oct 2025 16:00:36 GMT

What to Do After a Truck Accident in Michigan: Protecting Your Rights from Day One

Accidents involving semi-trucks, 18-wheelers, and other commercial vehicles often cause catastrophic injuries—and the legal process is far more complex than in a standard car crash. At  Gergely Law Offices P.C. . , we’ve helped countless victims in Kalamazoo and throughout Michigan protect their rights and recover full compensation after serious truck accidents.

If you or a loved one has been injured, here’s what you need to do immediately to safeguard your health, your claim, and your future.

1. Call 911 and Seek Immediate Medical Attention

Truck accidents often result in life-altering injuries such as spinal cord damage, brain trauma, or multiple fractures. Whether or not you feel pain right away, always get medical help at the scene or shortly afterward.

Medical records serve as essential evidence—and delays in treatment can hurt both your recovery and your injury claim.

2. Don’t Talk to the Trucking Company or Their Insurer

After a crash, insurance adjusters or representatives from the trucking company may contact you. Do not give a recorded statement or accept any settlement offer without speaking to a lawyer first.

These companies are protecting their own bottom line—not your best interests. Even innocent comments can be twisted to minimize or deny your claim.

3. Preserve All Evidence

If you're able, take the following steps:

Photograph the crash scene, vehicles, skid marks, road conditions, and injuries
Collect witness names and contact information
Request a copy of the police report
Save all medical records and bills related to the crash

Truck accidents often involve multiple parties , and evidence can disappear quickly. The sooner you act, the better.

4. Understand the Unique Nature of Truck Accident Claims

Unlike car crashes, truck accidents often involve:

Commercial insurance policies with much higher limits
Multiple liable parties (e.g., driver, trucking company, maintenance provider, cargo loader)
Federal trucking regulations that govern hours of service, rest breaks, and vehicle weight

Our legal team conducts independent investigations , including reviewing black box data, driver logs, dash cam footage, and maintenance records to build a strong case.

5. Know What Compensation You May Be Entitled To

Depending on the severity of your injuries and the facts of the crash, you may be eligible to recover damages for:

Emergency and ongoing medical expenses
Rehabilitation and future care needs
Lost wages and loss of earning capacity
Pain and suffering
Emotional distress
Property damage
Wrongful death (if a loved one was lost)

At  Gergely Law Offices P.C. . , we pursue maximum compensation —not quick settlements that leave you paying the price long-term.

6. Contact a Truck Accident Attorney Immediately

Time is critical in a truck accident case. Companies often send investigators to the scene within hours, and important evidence can be lost if you wait too long .

Our trial lawyers will:

Preserve and gather key evidence
Identify all liable parties
Negotiate with powerful insurance companies
File a lawsuit and take your case to court if necessary

We don’t back down—and we don’t get paid unless you win.

Schedule Your Free Consultation Today

If you or a family member has been seriously injured in a truck accident in Michigan, don’t face the legal system alone. Let Gergely Law Offices, P.C. be your voice and your advocate from day one.

Can You Still Sue After a Car Accident in Michigan? Understanding the Limits of No-Fault Insurance

Thu, 02 Oct 2025 16:00:20 GMT

Can You Still Sue After a Car Accident in Michigan? Understanding the Limits of No-Fault Insurance

Michigan’s No-Fault insurance system is designed to cover your basic needs after an auto accident—medical treatment, lost wages, and other essential expenses—regardless of who was at fault. But what happens when those benefits aren’t enough? Can you still sue the at-fault driver?

The answer is yes— under the right circumstances, you can pursue a lawsuit in addition to receiving No-Fault benefits . At  Gergely Law Offices P.C. . , we help injured drivers understand when and how to take legal action beyond their insurance policy.

What No-Fault Insurance Covers—and What It Doesn’t

If you’re injured in a crash, No-Fault Personal Injury Protection (PIP) benefits typically cover:

Medical care and rehabilitation
Lost wages (up to 85% for up to 3 years)
Household replacement services
Mileage for medical travel
In-home attendant care if needed

But No-Fault does not compensate you for:

Pain and suffering
Emotional distress
Loss of future income beyond 3 years
Permanent disability or disfigurement

This is where a third-party lawsuit comes in—especially if your injuries are long-lasting or life-altering.

When You Can Sue After a Michigan Auto Accident

Under Michigan law, you may sue the at-fault driver if your injuries meet one or more of the following thresholds:

Serious impairment of body function
Permanent serious disfigurement
Wrongful death

These legal standards are specific and often require:

Medical documentation
Testimony from doctors
Proof that your ability to live a normal life has been significantly impacted

Our attorneys at Gergely Law Offices are skilled at building strong injury claims that satisfy these thresholds and stand up in court.

Common Scenarios That May Warrant a Lawsuit

Some common cases that qualify for lawsuits outside No-Fault coverage include:

Spinal cord injuries or traumatic brain injuries
Permanent mobility loss or amputation
Facial scarring or burns
Fatal crashes involving a loved one
Severe PTSD or emotional trauma that prevents employment

If your life has changed dramatically after a crash, don’t assume No-Fault is your only option.

Statute of Limitations: Don’t Wait Too Long

Michigan law typically gives you three years from the date of the accident to file a lawsuit against the at-fault driver. In wrongful death cases or cases involving minors, the deadlines may differ—but time is always a critical factor.

If you miss the window to file, you could permanently lose your right to additional compensation.

Why You Need Legal Representation

Insurance companies often dispute whether your injuries meet Michigan’s legal threshold. They may downplay your pain, question your medical records, or try to shift blame. At Gergely Law Offices, P.C., we:

Investigate the accident and determine fault
Gather strong medical and vocational evidence
Handle negotiations and file suit when necessary
Fight for full compensation, including pain and suffering, loss of enjoyment of life, and more

We are trial-ready attorneys who know how to hold negligent drivers accountable—especially when the No-Fault system doesn’t go far enough.

Talk to an Auto Accident Lawyer in Kalamazoo Today

If you’ve been seriously injured in a Michigan crash, don’t assume your case stops with your insurance company. Let our legal team review your case and explain all your options.

Understanding Michigan No-Fault Insurance: What Auto Accident Victims Need to Know

Thu, 04 Sep 2025 16:00:08 GMT

Understanding Michigan No-Fault Insurance: What Auto Accident Victims Need to Know

If you’ve been injured in a car or truck accident in Michigan, you may already be hearing terms like “PIP,” “first-party benefits,” or “no-fault coverage.” These all refer to Michigan’s No-Fault Insurance system —a unique and often confusing law that affects how accident victims receive compensation. At Gergely Law Offices, P.C. , we’ve helped thousands of injured clients in Kalamazoo and throughout the state secure the full benefits they’re entitled to under Michigan’s No-Fault Act.

This blog breaks down what No-Fault insurance is, how it works, and what your rights are after a crash.

What Is Michigan No-Fault Insurance?

Michigan’s No-Fault law means that your own car insurance pays for your medical bills, lost wages, and other benefits —regardless of who caused the accident. This system was designed to provide faster payouts and reduce lawsuits, but it comes with strict rules and limitations .

There are two main types of claims after a car accident in Michigan:

First-party claims (filed with your own insurer for medical and wage loss benefits)
Third-party claims (filed against the at-fault driver for pain and suffering or serious injury)

Understanding which claim applies—and when—is essential.

What Benefits Are Covered?

If you are injured in a crash, your No-Fault insurance may cover:

Medical care : Hospitalization, rehab, surgery, long-term care
Lost wages : Up to 85% of your income for up to 3 years
Household services : Help with chores you can’t perform due to injury
Mileage reimbursement for travel to medical appointments
Attendant care if you require in-home nursing or supervision

However, recent changes to Michigan’s No-Fault law have added policy limits on medical benefits . You may only be covered for a capped amount depending on what you chose when purchasing your policy.

When Can You Sue the At-Fault Driver?

You may pursue a third-party claim against the negligent driver only if:

You suffer a serious impairment of body function , permanent disfigurement, or death
Your damages exceed your own policy’s No-Fault limits (e.g., for pain and suffering or long-term losses)

These cases require strong evidence, and insurance companies will often fight to deny your right to sue. That’s where our trial-tested attorneys come in.

What If You Were Hit by an Uninsured Driver?

Even if the at-fault driver has no insurance, you may still be covered through:

Your own uninsured/underinsured motorist coverage (if included in your policy)
Assigned Claims Plan benefits if no coverage exists

Navigating these options without legal help can be difficult—especially if insurers deny or delay valid claims.

Why You Need a Michigan No-Fault Attorney

Michigan’s No-Fault law is one of the most complex in the country. With changing rules, strict deadlines, and multi-layered claims processes, it’s easy for victims to miss out on benefits they deserve. Our team at Gergely Law Offices, P.C. has deep experience handling No-Fault cases involving:

Serious injury
Truck accidents
Motorcycle and bicycle collisions
Wrongful death claims
Denied or delayed benefits

We handle all negotiations with insurance companies and are fully prepared to go to trial when necessary.

Schedule a Free Consultation Today

If you or a loved one was injured in an auto accident in Michigan, don’t wait to get the help you need. Let our experienced attorneys guide you through the No-Fault system and fight for your maximum compensation.

Hurt in a Boating Accident in Michigan? Here’s What You Need to Know

Thu, 07 Aug 2025 15:15:06 GMT

Hurt in a Boating Accident in Michigan? Here’s What You Need to Know

Michigan is home to more than 11,000 inland lakes and is bordered by four of the five Great Lakes , making it a hub for boating, jet skiing, and water recreation. But with this access comes risk. Boating accidents can cause serious injuries, costly property damage, and even wrongful death. If you’ve been injured in a boating accident—whether as a passenger, operator, or swimmer—it’s essential to know your legal rights and the steps to take next.

Understanding Boating Accidents and Negligence

Most boating accidents are preventable and often occur due to negligence, such as:

Operator inexperience or distraction
Speeding or reckless behavior on the water
Boating under the influence (BUI)
Failure to maintain proper lookout
Overloading or unbalanced vessels
Mechanical failure or lack of safety equipment

Michigan law requires all boating operators to follow safety regulations, and failing to do so can make them legally liable if someone gets hurt. Victims of boating accidents may be entitled to compensation for medical expenses , lost income , pain and suffering , and more.

What to Do After a Boating Accident

If you’re injured in a boating accident, your first priority should be safety and medical attention. Then:

Report the accident to the nearest law enforcement or marine patrol (especially if there are injuries, fatalities, or significant damage).
Document everything —take photos of the scene, vessels involved, and injuries.
Gather information —get names and contact details of everyone involved and any witnesses.
Seek medical evaluation , even if injuries seem minor.
Consult a personal injury attorney to explore your legal options and ensure evidence is preserved.

We’re Here to Help You Navigate the Legal Waters

At Gergely Law Offices, P.C., we’ve helped clients throughout Michigan recover damages after serious boating and recreational watercraft accidents. We understand the unique aspects of these cases, from liability insurance issues to maritime law overlaps.

No fees unless we win —and we’re committed to securing the compensation you need to recover.

Bitten in Michigan? What to Do After a Dog Bite

Thu, 10 Jul 2025 16:00:09 GMT

Bitten in Michigan? What to Do After a Dog Bite

A dog bite can be a traumatic and life-altering experience, especially when the injuries are severe. Beyond the initial pain and emotional distress, victims often face medical bills, lost wages, and the long-term risk of infection or scarring. If you or a loved one has been bitten by a dog in Michigan, it’s essential to act quickly—not just for your health, but to preserve your legal rights.

At Gergely Law Offices, P.C., we’ve helped countless injury victims in Kalamazoo and across Michigan recover compensation after a serious animal attack. Here are five critical steps to take immediately following a dog bite incident.

1. Seek Medical Attention Immediately

Even if the bite appears minor, you should seek medical care right away. Dog bites can lead to infections, nerve damage, or exposure to diseases like rabies. Medical documentation also creates a crucial record of your injuries if you decide to pursue a claim.

2. Identify the Dog and Its Owner

If possible, obtain the name and contact information of the dog’s owner and determine whether the dog is current on its vaccinations. This information will be essential for both your medical provider and your legal case. If the owner is uncooperative or unknown, local animal control may assist.

3. File a Report with Animal Control

Michigan law requires reporting dog bites. File a complaint with your local animal control agency or law enforcement. An official report not only protects others but also becomes important evidence in any future legal action.

4. Document Everything

Take photographs of your injuries, the location where the attack occurred, the dog if possible, and anything else that may support your case. Keep a detailed journal of your recovery, medical treatments, pain levels, and how the injury has affected your daily life.

5. Contact an Experienced Dog Bite Attorney

Michigan has strict liability laws when it comes to dog bites. That means the owner may be held legally responsible—even if the dog had never shown aggression before. However, navigating these laws and dealing with insurance companies requires legal skill. Gergely Law Offices, P.C. can help you pursue the maximum compensation for your medical costs, lost wages, pain and suffering, and other damages.

Don’t Wait—Your Case Has a Time Limit

Michigan law sets a statute of limitations for filing personal injury claims, including dog bites. If you delay, you could lose the right to compensation. Reach out to Gergely Law Offices, P.C. today to schedule your free consultation. We are here to protect your rights and hold negligent dog owners accountable.

Injured in a Crash with an Uninsured Driver in Michigan? Here’s What You Can Do

Thu, 12 Jun 2025 19:15:00 GMT

Injured in a Crash with an Uninsured Driver in Michigan? Here’s What You Can Do

Being involved in a car accident is distressing under any circumstance. However, discovering that the at-fault driver lacks insurance can amplify the stress and uncertainty. In Michigan, where approximately 20% of drivers are uninsured , it's crucial to understand your rights and options if you find yourself in such a situation.

Understanding Michigan's No-Fault Insurance System

Michigan operates under a no-fault insurance system. This means that, regardless of who is at fault in an accident, your own insurance company is responsible for covering your medical expenses, lost wages, and other related costs through Personal Injury Protection (PIP) benefits. However, PIP benefits have limits, and certain damages may not be covered.

Steps to Take After an Accident with an Uninsured Driver

Ensure Safety and Seek Medical Attention: Your health and safety are paramount. Call 911 if necessary and seek medical attention immediately.
Document the Accident Scene : Gather as much information as possible. This includes:
Photographs of the accident scene, vehicle damages, and any visible injuries.
Contact information of the other driver, even if they lack insurance.
Contact details of any witnesses.
File a Police Report : It's essential to have an official record of the incident, especially when dealing with uninsured drivers.
Notify Your Insurance Company : Inform your insurer about the accident promptly. Delays can complicate the claims process.

Exploring Compensation Options

1. Personal Injury Protection (PIP) Benefits

Under Michigan's no-fault system, your PIP coverage will handle:

Medical expenses.
Lost wages.
Replacement services (e.g., household chores you can't perform due to injuries).

However, PIP does not cover pain and suffering or damages exceeding your policy limits.

2. Uninsured Motorist (UM) Coverage

If you have UM coverage as part of your auto insurance policy, it can compensate for:

Pain and suffering.
Excess medical expenses not covered by PIP.
Other non-economic damages.

UM coverage is optional in Michigan but highly recommended due to the high rate of uninsured drivers .

3. Suing the Uninsured Driver

You have the right to file a lawsuit against the at-fault uninsured driver for damages not covered by your insurance. However, collecting compensation can be challenging if the driver lacks assets or financial resources.

4. Michigan Assigned Claims Plan (MACP)

If you don't have auto insurance, you might be eligible for benefits through the MACP. This program provides limited PIP benefits to individuals injured in accidents involving uninsured drivers .

Why Legal Assistance is Crucial

Navigating the complexities of Michigan's no-fault system, especially when dealing with uninsured drivers, can be daunting. An experienced attorney can help:

Evaluate your insurance policies for applicable coverages.
Guide you through the claims process.
Represent you in potential lawsuits against the at-fault driver.
Ensure you receive the maximum compensation available.

Contact Gergely Law Offices, P.C.

At Gergely Law Offices, P.C., we have a proven track record of assisting clients in Kalamazoo and throughout Michigan with auto accident claims, including those involving uninsured drivers. Our team is dedicated to ensuring you receive the compensation you deserve.

What to Expect During a Truck Accident Lawsuit

Mon, 20 Jan 2025 21:56:00 GMT

What to Expect During a Truck Accident Lawsuit

Being involved in a truck accident can leave you feeling overwhelmed and uncertain about the future. While it’s important to focus on recovery, it’s also crucial to know what to expect from the legal process. If you're considering filing a lawsuit, here’s a detailed look at what typically happens during a truck accident lawsuit in Kalamazoo, MI.

1. The Initial Consultation

Your first step in pursuing a truck accident lawsuit will likely be an initial consultation with an attorney. During this meeting, you’ll discuss the details of the accident, the injuries you’ve sustained, and the circumstances surrounding the event. This is also your opportunity to ask questions about the legal process, fees, and timelines.

2. Investigation and Evidence Gathering

Once you’ve decided to move forward with the case, your attorney will begin gathering evidence. This may include reviewing police reports, interviewing witnesses, gathering medical records, and working with accident reconstruction specialists. The goal of this phase is to build a strong case that supports your claims of negligence and damages.

3. Filing the Lawsuit and Discovery Phase

If a settlement isn’t reached during negotiations, your attorney will file a lawsuit on your behalf. This formal process involves submitting a complaint to the court, and the defendant (typically the trucking company or driver) will be served with the lawsuit. In the discovery phase, both parties exchange information, such as written questions, documents, and depositions. This process allows both sides to evaluate the strengths and weaknesses of the case before moving to trial or settlement talks.

4. Settlement Negotiations

Many truck accident lawsuits settle before reaching a courtroom. Throughout the lawsuit, there may be multiple opportunities to negotiate a settlement. If the defendant offers compensation, your attorney will advise you on whether the offer is fair based on the severity of your injuries and the circumstances surrounding the accident.

5. Trial and Appeal Process

If a fair settlement cannot be reached, your case may go to trial. During the trial, both parties will present their arguments, call witnesses, and introduce evidence. A judge or jury will then determine the outcome. After the trial, either party can appeal the decision if they believe a legal error occurred. The appeals process can extend the legal proceedings, but your attorney will guide you through it if necessary.
While the process of pursuing a truck accident lawsuit can be complex, knowing what to expect can help reduce some of the anxiety. From the initial consultation to trial, each step plays a crucial role in achieving justice and compensation for your injuries. Working with a seasoned attorney will ensure your case is handled effectively and that your rights are protected throughout the legal journey. If you’ve been involved in a truck accident and need legal support, Gergely Law Offices, P.C. in Kalamazoo, MI is here to help. Contact us today for a consultation and learn how we can assist you in the legal process.

When to Hire an Auto Accident Attorney in Michigan

Mon, 20 Jan 2025 21:56:00 GMT

When to Hire an Auto Accident Attorney in Michigan

Auto accidents can be a stressful experience, often leading to serious injuries, disputes, and confusion over insurance claims. In Michigan, there are situations where seeking legal help can ensure your rights are protected and you receive the compensation you deserve. In this blog post, we’ll explore four key reasons when it’s essential to hire an auto accident attorney.
1. If You’ve Suffered Serious Injuries
If you’ve been seriously injured in an auto accident, it’s crucial to hire an attorney. Severe injuries may require extensive medical treatment, rehabilitation, and even long-term care. An attorney will help you seek compensation for medical expenses, lost wages, and pain and suffering, ensuring you don’t miss out on the financial support you need for your recovery.
2. When Insurance Companies Are Uncooperative
Insurance companies are often quick to offer settlements, but these may not fully cover your expenses. If the insurance company is uncooperative or attempts to undervalue your claim, having an attorney on your side can make all the difference. A lawyer can negotiate on your behalf or even take legal action if necessary to ensure you receive a fair settlement.
3. If Liability Is in Dispute
When fault is contested or unclear, proving liability can be a complex process. If the other party denies responsibility or if multiple parties are involved, an auto accident attorney will help gather evidence, speak with witnesses, and build a case that supports your claim. This ensures that you are not left to deal with the confusion alone.
4. If You Are Facing Potential Litigation
Some cases require going to court, especially if settlement offers are not sufficient. If your case escalates to litigation, having an attorney who is experienced in court proceedings will improve your chances of a favorable outcome. Your attorney will represent your interests before a judge, ensuring that your case is presented effectively.
Hiring an auto accident attorney in Michigan is a crucial step in securing the compensation you deserve. Whether dealing with serious injuries, insurance challenges, disputed liability, or the possibility of litigation, legal representation can provide the support you need. Contact an experienced attorney to protect your rights and guide you through the process. If you've recently been in an auto accident in Kalamazoo, MI, Gergely Law Offices, P.C. is here to help. Contact us today for a consultation and take the first step toward securing your future.

Steps to Take Immediately After a Michigan Car Accident

Thu, 09 Jan 2025 18:00:00 GMT

Steps to Take Immediately After a Michigan Car Accident

Blog Post Title: Steps to Take Immediately After a Michigan Car Accident Brief Blog Post Description:

1. Check for Injuries

Before anything else, look after your own safety and the safety of those around you. Check for wounds or pain, and if anyone appears hurt, call emergency services without delay. Never move an injured person unless their environment poses an immediate threat.

2. Contact the Authorities

Once you have confirmed everyone’s well-being, notify the police. An official report will document critical details of the incident. When officers arrive, share accurate information about what happened without speculating or assigning blame.

3. Gather Information and Document the Scene

Collect important details from everyone involved in the collision. This should include names, phone numbers, driver’s license numbers, and insurance information. If it is safe, take photographs or videos of the crash site, vehicle damage, weather conditions, and any skid marks. If there are witnesses, ask them for their contact information and any statements they can provide. These records can be vital if questions arise later.

4. Seek Medical Attention

Even if you feel fine, see a healthcare professional as soon as possible for an evaluation. Some injuries, such as whiplash, may not show symptoms immediately. Having medical records can also be helpful in supporting any potential claim.

5. Notify Your Insurance

Contact your insurance provider promptly to report the incident. Offer them all relevant details, including the police report number. Clear and accurate communication can make a difference in the processing of your claim.

6. Consider Legal Guidance

After addressing immediate concerns, it may be advisable to speak with an attorney. Gergely Law Offices, P.C. in Kalamazoo, MI supports individuals impacted by auto accidents. Discussing your situation with a legal professional can provide clarity on your options and protections.
A car accident can change your life, but taking the right steps afterward can help you secure the treatment you need and the support you deserve. If you or a loved one has been involved in a crash, follow these guidelines and reach out to Gergely Law Offices, P.C. in Kalamazoo for caring and committed legal assistance.

The Hidden Financial Benefits of Filing First in Michigan Divorces

Thu, 12 Dec 2024 18:00:00 GMT

Divorce can be one of the most challenging experiences anyone might face, not only emotionally but also financially. If you're a Michigan resident contemplating divorce, understanding the strategic advantages could make a significant difference in your journey through this challenging transition. At Gergely Law Offices, we believe that knowledge is power. One often overlooked aspect is the financial edge granted when you are the first to file for divorce. This blog will uncover these hidden benefits and guide you through making informed decisions that can safeguard your financial future.

The Power of Control: Setting the Tone for Proceedings

Filing first in a Michigan divorce gives you a crucial opportunity to control the narrative from the outset. By initiating proceedings, you can choose when and where to file, potentially determining favorable jurisdictions that align with your needs or those of your children. This choice can profoundly impact various aspects such as spousal support or child custody arrangements, which could translate into significant financial implications over time.

Asset Protection: Safeguarding What’s Yours

When you file first, immediate legal constraints regarding asset disposal or relocation are placed on both parties until agreements are reached. This proactive step prevents any hasty decisions by either party that could jeopardize shared assets. In Michigan's equitable distribution system, having a clear picture and secure hold on marital assets ensures fair division during settlement discussions.

Financial Transparency: Unearthing Hidden Assets

Taking initiative by being the first to file allows more time to gather the necessary documentation and conduct thorough assessments of all marital finances. With this head start, there’s an increased likelihood of discovering hidden assets or discrepancies early in the process. Uncovering these factors enhances transparency and contributes significantly towards achieving an equitable resolution during property division phases.

Setting Financial Expectations: Alimony and Support Orders

By filing first, you can request temporary orders for alimony or child support straightaway, setting initial standards for financial support that may continue throughout and beyond divorce proceedings. These orders provide immediate relief and establish expectations around financial responsibilities—a critical factor as negotiations unfold.

Psychological Edge: Negotiating from Strength

While emotional readiness isn't strictly financial, its influence on negotiation success cannot be overstated. Filing first can impart a psychological advantage by portraying preparedness and resolve—qualities that often lead to more favorable settlements during mediation processes. Being perceived as organized and determined may prompt more reasonable offers from your spouse’s legal team.

Divorce proceedings inevitably bring about change; however, approaching them strategically can alleviate some burdens associated with restructuring lives post-separation. By understanding how filing first offers distinct financial advantages—from controlling narratives to safeguarding assets—Michigan residents empower themselves to attain just outcomes in divorces handled at Gergely Law Offices. Remember that while every situation has unique elements requiring bespoke solutions tailored by professional advice—being informed remains your strongest ally in navigating this complex terrain successfully.

No-Fault Insurance in Michigan: Finding the Right Plan for You

Thu, 14 Nov 2024 14:30:00 GMT

Living in Michigan, you may have heard of the term "no-fault insurance" when it comes to car accidents and personal injury. But what exactly does it mean, and how do you know which plan is right for you? With Gergely Law Offices by your side, we can help guide you through the process and provide valuable insights into choosing the best plan for your needs.

Understanding No-Fault Insurance in Michigan

No-fault insurance is a type of coverage that pays for medical expenses, lost wages, and other damages regardless of who is at fault in a car accident. In Michigan, all drivers are required to carry no fault-insurance as part of their auto policy. This means that if you are injured in a car accident, your own insurance company will pay for your medical bills and other related expenses, regardless of who caused the accident.

Types of No-Fault Insurance Plans

There are several different types of no fault insurance plans available in Michigan, each offering varying levels of coverage and benefits. Some plans may offer higher limits for medical expenses or include additional benefits such as wage loss coverage or attendant care services. It's important to carefully review each plan and consider your individual needs before making a decision.

Factors to Consider When Choosing a Plan

When selecting a no-fault insurance plan in Michigan, there are several key factors to consider. These include the cost of the plan, the level of coverage provided, any exclusions or limitations within the policy, and whether additional benefits such as wage loss coverage or attendant care services are included. It's also important to review the reputation and financial stability of the insurance company offering the plan.

How Gergely Law Offices Can Help

Navigating the complexities of no-fault insurance can be overwhelming, especially if you're dealing with a personal injury matter. That's where Gergely Law Offices comes in. Our team of experienced attorneys can assist you with understanding your rights under Michigan's no-fault insurance laws. We can help you evaluate your options, negotiate with insurance companies on your behalf, and ensure that you receive fair compensation for your injuries.

Making an Informed Decision

Choosing the right no-fault insurance plan in Michigan is an important decision that can have long-lasting implications for your financial well-being in case of an accident or injury. By working with Gergely Law Offices, you can rest assured that you have a dedicated legal team on your side to help you navigate through the complexities of no fault insurance and make informed decisions that protect your rights and best interests.
When it comes to selecting a no-fault insurance plan in Michigan, it's essential to understand your options and choose a plan that meets your individual needs. With Gergely Law Offices by your side, you can feel confident knowing that you have knowledgeable attorneys advocating for your rights and seeking that you receive fair compensation in case of an accident or personal injury. Don't wait until it's too late – contact us today to schedule a consultation and start exploring your options for finding the right no-fault insurance plan for you.

Is Filing a Lawsuit for a Dog Bite Worth It? How an Attorney Can Help

Thu, 17 Oct 2024 13:45:00 GMT

Being bitten by a dog can be a traumatic experience that leaves physical and emotional scars. In the state of Michigan, victims of dog bites may be wondering if filing a lawsuit is worth it. The answer to this question depends on various factors, including the severity of the injury, the circumstances surrounding the incident, and whether or not the dog owner has insurance coverage. In this blog post, we will discuss how an attorney can help you navigate the legal process and seek compensation for your injuries. With Gergely Law Offices, Michigan residents can rest assured that they have skilled legal representation on their side.
When it comes to filing a lawsuit for a dog bite, having an experienced attorney by your side can make all the difference. A knowledgeable lawyer can help you gather evidence to support your claim, negotiate with insurance companies on your behalf, and advocate for your rights in court if necessary. They will work tirelessly to ensure that you receive fair compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the dog bite.
In Michigan, dog owners are held strictly liable for injuries caused by their pets under certain circumstances. This means that regardless of whether the owner knew about their dog's aggressive tendencies or not, they may still be held responsible for any harm caused by their pet. An attorney can help you understand your rights as a victim of a dog bite and guide you through the legal process step by step.
One of the key benefits of working with an attorney is their ability to handle all communication with insurance companies on your behalf. Dealing with insurance adjusters can be overwhelming and stressful, especially when you are trying to focus on recovering from your injuries. An attorney will ensure that your rights are protected during negotiations and fight for maximum compensation so that you can focus on healing.
At Gergely Law Offices, we have a team of dedicated attorneys who are committed to helping Michigan residents seek justice after being injured in a dog attack. We understand the physical, emotional, and financial toll that such incidents can take on victims and their families. Our goal is to provide compassionate legal representation while aggressively pursuing fair compensation for our clients.
In conclusion, filing a lawsuit for a dog bite can be worth it with the help of an experienced attorney who understands Michigan's laws regarding pet liability. An attorney can assist you in gathering evidence, negotiating with insurance companies, and advocating for your rights in court if necessary. With Gergely Law Offices by your side, Michigan residents can trust that they have dedicated legal representation fighting for their best interests. Don't hesitate to seek legal guidance if you or a loved one has been injured in a dog attack – contact us today to schedule a consultation and learn more about how we can help you seek justice and compensation.

The Most Common Ways Motor Vehicle Accidents Occur

Thu, 19 Sep 2024 15:45:00 GMT

Motor vehicle accidents are unfortunately a common occurrence on the roads of Michigan. From distracted driving to speeding, there are many factors that can contribute to these accidents. At Gergely Law Offices, we understand the impact that a car accident can have on your life and we are here to assist Michigan residents with their personal injury matters. In this blog post, we will discuss some of the most common ways motor vehicle accidents occur in order to raise awareness and promote safe driving habits.

Distracted Driving:

One of the leading causes of motor vehicle accidents is distracted driving. This includes activities such as texting, talking on the phone, eating, or adjusting the radio while driving. When a driver is not fully focused on the road ahead, they are more likely to miss important cues and react slower to potential hazards.

Speeding:

Driving above the speed limit not only increases the likelihood of an accident but also makes it more severe if one does occur. Speeding reduces a driver's ability to react quickly to changing road conditions and increases stopping distances, putting themselves and others at risk.

Drunk Driving:

Driving under the influence of alcohol or drugs is another common cause of motor vehicle accidents in Michigan. Impaired drivers have slower reaction times, reduced coordination, and impaired judgment, making them more likely to cause serious accidents.

Running Red Lights/Stop Signs:

Failing to obey traffic signals is a dangerous behavior that can lead to T-bone collisions or intersection accidents. Running red lights or stop signs puts both drivers and pedestrians at risk and can result in severe injuries or fatalities.

Weather Conditions:

Michigan experiences harsh weather conditions throughout the year, including snowstorms, ice storms, and heavy rain. Driving in inclement weather requires extra caution and adaptability to ensure safety on the roads.
It is crucial for all drivers in Michigan to be aware of the most common ways motor vehicle accidents occur in order to prevent them from happening in the first place. By practicing safe driving habits such as avoiding distractions, obeying speed limits, never driving under the influence, respecting traffic signals, and adjusting driving behaviors according to weather conditions, we can all contribute to reducing the number of accidents on our roads. In case you find yourself involved in a car accident due to someone else's negligence, Gergely Law Offices is here to provide legal assistance for your personal injury matters. Stay safe on the roads!

How Common Are Wrong Way Accidents?

Tue, 06 Apr 2021 17:27:00 GMT

Every year in the U.S., 300 to 400 people die in wrong way accidents. One out of every 100 vehicle fatalities happens in these types of crashes.

West Michigan alone, had 26 wrong way collisions happen from 2014 to 2018 just on freeways and expressways alone.

Wrong way accidents occur when a driver enters a one-way road traveling the wrong direction and causes a crash with a vehicle traveling the correct way. The most severe wrong way accidents typically occur when a driver enters an exit or entrance ramp traveling the wrong direction, but these crashes can also happen on one-way streets in urban and residential areas.

NEGLIGENCE-RELATED WRONG WAY CRASHES

When a driver travels the wrong way on an entrance ramp, exit ramp, or one-way street, there could be several contributing factors, including:

Impairment (drugs or alcohol)
Distraction
Unfamiliarity with a location

It’s up to each driver to make sure they’re following the rules of the road. This means staying sober and focused behind the wheel, in addition to paying close attention to the traffic signs and signals placed around intersections.

In most cases, signs and signals are adequate enough to alert drivers that they’re turning the wrong way on roads. However, the visibility and placement of signage can also make wrong way accidents more likely.

HOW INFRASTRUCTURE CONTRIBUTES TO WRONG WAY ACCIDENTS

The way that intersections are built and signs are erected can also contribute to the occurrence of wrong way accidents. A few examples include:

Failure to clearly mark ramps
Failure to place signs clearly or in locations where signs are fully reflective at night
Missing signs
Improper ramp design
Low sign visibility due to obstruction by buildings, vegetation, or other objects

Though infrastructure can be a contributing factor to wrong way accidents in Michigan, the state is taking steps to make our roads as safe as possible.

Over the past couple of years, MDOT has released multiple reports detailing ways to prevent wrong way accidents along with implementing numerous safety measures to grow our highway safety infrastructure.

The findings came after the completion of a three-year pilot study in which different methods of wrong way accident prevention were implemented on designated roads in California. The pilot study tried strategies including:

Two-way reflective pavement markers that show white or yellow to right way drivers, and red to wrong way drivers
“Wrong Way” signs at the off-ramp
“Do Not Enter” signs equipped with LED lights flashing 24 hours a day
Active monitoring systems that use radar to detect wrong way drivers and LED signs that activated when a wrong way driver entered the ramp.

The implementation of reflectors resulted in a 44% decrease in wrong way accidents on one stretch of road, leading Caltrans to install reflective markers on hundreds of miles of highways in the state.

As Michigan takes steps to address infrastructure shortcomings that make wrong way accidents more likely, it’s up to drivers to do their part in keeping our roads safe.

IF YOU NEED LEGAL HELP, CONTACT US

At Gergley Law Office, our SW Michigan car accident lawyers have years of experience holding negligent drivers responsible, including those who cause wrong way accidents. If you’d like to speak to our team, contact us today for a free, no-obligation case assessment.

HOW CAN YOU PROVE NEGLIGENCE IN YOUR MOTORCYCLE ACCIDENT LAWSUIT?

Fri, 05 Mar 2021 18:26:00 GMT

Even people who have never been to law school have heard the word negligence. Most of them understand what it means. Negligence is another way of saying that somebody didn’t behave the way they should have and, as a result, somebody else was hurt. As familiar as someone may be with the term, they probably don’t know what it really means, not from a legal perspective. And why should they? Your SW Michigan motorcycle accident lawyer knows exactly what the term means. They also know it’s a lot harder to prove negligence than many people would think.

Just because you’re in a motorcycle accident, that doesn’t mean you’re automatically entitled to a ton of money. In order to get you any money at all, your Kalamazoo motorcycle accident lawyer has to prove two things in order to win your case. First, they have to prove that the defendant was responsible for your accident. The second thing they need to do is prove that you suffered damages. It’s not enough to say that you were in a horrific motorcycle crash. Your Kalamazoo motorcycle accident lawyer has to prove a lot more than that if you’re going to be compensated for your injuries.

What is Negligence and How Can Your SW Michigan Motorcycle Accident Lawyer Prove It?

As mentioned earlier, negligence is when somebody doesn’t act the way a reasonable person would have given the same circumstances. For example, if a doctor notices that their patient is displaying symptoms of an illness, they should run the necessary tests to diagnose their illness. That’s what’s expected of a licensed physician. If, instead of doing this, a doctor sends the patient home and tells them to take a few aspirin, he could be found negligent. If that same patient dies from a heart attack that night, it’s not a far stretch to point to the doctor. Had they done the necessary tests, like a normal doctor would, they probably could’ve prevented the heart attack.

In a motorcycle accident, it’s a little different. However, it’s still negligence. Your Kalamazoo motorcycle accident lawyer will have to prove the following:

The other driver owed you a duty of care – All motorists owe a duty to other drivers. At a minimum, they’re expected to follow all traffic laws.
The defendant breached their duty of care – Your Kalamazoo motorcycle accident lawyer has to show that the other driver didn’t behave the way a reasonable driver would have. For example, if they are speeding, they aren’t following the speed limit. That would constitute a breach of duty.
You were hurt – It isn’t enough that you’re involved in a motorcycle accident. Your Kalamazoo motorcycle accident lawyer has to show that you actually suffered some sort of injury. This could be a physical injury. But it could also be things like lost wages, property damages or medical bills.
Your injuries were caused by the defendant’s breach of duty – You also have to show that your injuries (losses) were caused by the defendant’s actions. For example, imagine you sue the defendant for damage to your motorcycle. If the defendant’s lawyer can prove the damage was there before the crash, you won’t be able to recover damages.

What Happens if You’re Partially at Fault?

It’s important to keep in mind that it’s very rare for any one driver to be 100% at fault in a motorcycle crash. Even if the other driver caused the crash, you may have done something that contributed to the accident. Maybe you were going a few miles above the speed limit when the defendant rear-ended you. Or perhaps your brake light was out, and the other driver didn’t see you coming to a stop. Some car accident victims fear that this could prevent them from collecting damages. That isn’t necessarily true. This is because Michigan follows the comparative negligence rule. As long as you’re less than 51% at fault, you can still demand compensation. However, your damages will be reduced by your percentage of fault. So, if your damages are $100,000 and you’re 20% at fault, your damages will be reduced by 20%.

Reach Out to an Experienced SW Michigan Motorcycle Accident Lawyer Right Away

If you’re hurt in a motorcycle accident, it’s a good idea to contact an experienced motorcycle accident lawyer in Kalamazoo, MI. This way, they can worry about proving negligence while you focus on getting better. Call our office and schedule your free, initial consultation today.

Top 25 Factors That Can Affect a Car Accident Settlement

Tue, 12 Jan 2021 18:24:00 GMT

After a car accident leaves you with injuries and damages that weren’t your fault, you could choose to file a claim against the person or party responsible for your damages. Hiring a car accident lawyer to represent you by fully investigating what happened and building a strong case would benefit you and ensure that you don’t have to take on the legal process alone. If your crash happened in Kalamazoo or SW Michigan, then Gergley Law Offices, P.C. would be able to take your case and help you get the compensation that you deserve.

Those injuries and damages that you incurred from the accident are the foundation of your car accident claim and why you’re seeking compensation, but there are many other factors that go into how much a full and fair settlement would be for you. Let’s take a look at the top 25 factors that can affect your car accident settlement.

Who Was at Fault?

Fault is one of the most important aspects of your car accident claim. Your case will hinge upon proving the responsible party’s negligence, or anything else they did that caused the accident. Here are some factors regarding fault that can affect your car accident settlement amount:

What percentage was the other party at fault?
Was the at-fault party drinking or on drugs?
What percentage, if any, were you at fault?
Is the party at fault a person or an entity, like a company?
Did a defective product cause the accident?

What Actions Were Taken?

Immediately after an accident, there are some key things that should be done in order to get everyone the help that they need, or so that you can gather evidence to help prove what happened. When you follow the proper steps in reporting an accident and getting medical care, it makes your case stronger. When you don’t take any action immediately following your accident, however, it can lessen your settlement amount.

Here are some factors from right after an accident happens that can affect your settlement amount:

Were emergency services called so that police could arrive on the scene?
Did the police make a report of the scene?
Did you ask any witnesses for their information to give a testimony about what they saw?
Did you speak objectively to the police?
Did you take photos of the scene?
Did you seek medical attention?
Did you follow your doctor’s treatment plan?
Did you seek mental health services for emotional injuries?
Did you file an insurance claim?

What Costs Did You Incur?

The bulk of the calculation of your settlement amount focuses on the costs that the accident directly caused for you. If you suffered from an injury and went to the hospital, or got property damage repaired, you should keep the receipts and paperwork so that you have proof of those costs. Your car accident lawyer will compile all of your bills, costs, and lost wages to figure out what a full and fair settlement would be for you.

Here are some of the different financial factors that will affect your settlement:

Do you have copies of your medical bills?
Did you attend all of your doctors’ visits and keep the bill from them?
Did you fill and refill your prescription?
Are you permanently or partially disabled from the injury?
Do you have the receipt from fixing any property damage?
Have you been missing work because of your injury?
Do you have people, other than yourself, to support financially?

Other Factors That Affect Your Settlement

Every aspect of your life prior to the accident, and every choice you made after the accident has the potential to affect your case and your subsequent settlement from the claim. Here are some of the other factors that can affect your settlement from your car accident claim:

Are you married?
Do you have children or other dependents?
Do you have car insurance and uninsured motorist coverage?
Did you hire a car accident lawyer?

Hire Gergley Law Offices, P.C. to Represent You

When you’ve been involved in a car accident that wasn’t your fault, and you incurred injuries that require medical treatment, or damages that need to be repaired, you shouldn’t be responsible for paying those costs. That’s why hiring a Kalamazoo/SW Michigan car accident attorney from Gergley Law Offices, P.C. will benefit you.

With our legal help, you’ll be able to feel confident in your case. We’ll handle the legal side of things so you can focus on what matters—healing and getting back to your normal life.Contact us today so we can start discussing your potential claim.

What Is the Timeline for a Typical Personal Injury Case?

Tue, 29 Dec 2020 18:21:00 GMT

Sustaining an injury often means that victims face significant setbacks in their lives. Every time somebody is injured due to the careless or negligent actions of another individual, company, or entity, they should be able to recover compensation for their losses. Sometimes, injury victims have to file personal injury lawsuits against the person or entity that caused the accident. Here, we want to discuss personal injury case timelines and what can affect the overall flow of a case.

The Timeframe Will Vary – Weeks, Months, or Years

No two personal injury cases are exactly alike, and there is no set timeframe for how long one particular case will take to conclude. It is important to point out that most personal injury claims are resolved through settlements with insurance carriers. While there is some variation when it comes to negotiating with insurance carriers, most insurance settlements are paid within a month to six weeks after the incident occurs. However, if an insurance carrier refuses to offer a fair settlement or denies a claim, it may be necessary for the injury victim and their attorney to file a personal injury lawsuit against the alleged negligent party.

Your Medical Care Drives the Timeline

The most important aspect after sustaining an injury is seeking medical care. Your case cannot settle until after you have reached what doctors call maximum medical improvement. There is no way that an injury victim can properly settle their case without knowing exactly how much their total medical bills will be. We encourage every injury victim to continue all medical care recommended by their doctor.

The Investigation into the Incident

After a lawsuit has been filed, the attorneys will conduct a complete investigation into the incident. They will gather all evidence in the case, consult with trusted medical experts, and reconstruct the accident if necessary. After a lawsuit has been filed, there will be what is called the “discovery phase,” where attorneys from both sides will share evidence they have gathered with one another. Depositions may need to be taken from any witnesses involved in the case.

Lawyers Making Demands and Negotiation

Most personal injury cases are settled before they go to a full jury. Attorneys from both sides will continue negotiating throughout the civil personal injury lawsuit process. In some cases, this negotiation may take place in a formal mediation session ordered by the court. If a settlement is reached, this will effectively end the lawsuit. However, if a fair offer is not made or accepted, it will be necessary to take the case to trial.

The full personal injury lawsuit process can take anywhere from several months to a year or more to reach a conclusion.

Working with an Attorney Can Help Move Things Along

If you or somebody you care about has been injured due to the careless or negligent actions of somebody else, you need to consider working with the skilled attorneys at Gergley Law as soon as possible. An attorney with experience and legal knowledge will understand the ins and outs of these cases and be able to move your case towards the path of maximum compensation. As personal injury lawyers in Michigan, we will also understand how to move a case along if it seems to be stuck in the mud. You need an advocate for these cases, and there is no harm in seeking a free consultation to gain an understanding of what needs to happen moving forward.

Signs of Truck Driver Fatigue

Tue, 24 Nov 2020 18:20:00 GMT

Preventable truck accidents take thousands of lives in the US every year. In 2018 alone, 4,862 trucks were involved in fatal traffic collisions, according to data from the Federal Motor Carrier Safety Administration (FMCSA). Truck driver fatigue is a significant cause of catastrophic and fatal trucking accidents. Fatigue refers to extreme tiredness or exhaustion – a state that makes it unsafe to operate a commercial motor vehicle. If truck driver fatigue caused your recent accident, the trucking company may owe you compensation.

Causes of Driver Fatigue

Fatigue can occur when a truck driver drives past the accepted hours of service regulations. The FMCSA institutes hours of service regulations to improve the safety of long-haul trucking. These regulations prohibit commercial drivers from exceeding 11 hours on-duty after 10 hours off, as well as exceeding 14 consecutive hours of driving in a single day. Drivers must also take driving breaks after a certain number of hours on the road. Ignoring or breaking these regulations is a common cause of fatigued driving accidents.

Truck drivers are also more likely to drive fatigued due to the nature of the job. Long hours spent alone on the road can increase the risk of drowsiness. Some truck drivers turn to stimulants to stay awake, such as coffee, energy drinks or drugs, only to experience a dangerous drop in energy later. Finally, truck drivers are prone to sleep apnea and other sleeping problems due to strange sleeping schedules, obesity, poor health habits and smoking. Sleep apnea can interrupt a good night’s rest and increase fatigue during the day.

What to Do If Fatigue Is the Suspected Cause of a Truck Accident

A truck accident involving a fatigued driver could be catastrophic for victims. Drowsy driving collisions often include speeding, lack of braking and a driver crossing a median into opposite-direction traffic. These are circumstances that can exacerbate the severity of a truck accident in Michigan. If you were injured in a truck accident and believe truck driver fatigue played a role, take certain steps to protect your rights.

Call the police.
Remain at the scene of the wreck.
Do not admit fault.
Speak to eyewitnesses.
Take photographs.
Get the truck number and driver’s information.
Go to the hospital.
Keep copies of medical records and accident reports.
File your initial insurance claim with the truck driver’s insurer.
Contact a truck accident lawyer in Kalamazoo and SW Michigan for claims assistance.

An attorney who specializes in truck accidents could help you investigate the accident and obtain evidence of truck driver fatigue. Information from the truck’s black box, for example, could show proof of speeding or lack of brake use, while an electronic logging device could show that the driver exceeded his or her hours of service regulations. A Kalamazoo and SW Michigan can gather key evidence for a case against the driver or company on your behalf.

Who Is Responsible If a Driver Is Fatigued?

Michigan is a no-fault car accident state. This makes it necessary for injured crash victims to document and contact an experienced and well-versed counselor before attempting to recover any compensation. You may assume a truck driver would be liable for an accident caused by truck driver fatigue. While it may have been the driver who specifically caused your crash, the rules of vicarious liability make the driver’s employer liable for your damages. Thus, trucking companies are responsible for truck driver fatigue, in most cases.

It is a trucking company’s responsibility to properly train its drivers, including requiring them to obey the FMCSA’s hours of service regulations. Truck companies should not encourage their drivers to exceed the number of accepted hours on the road to make deadlines or meet goals for bonuses. These are examples of negligence that could make the trucking company responsible for a related wreck. The company could also be vicariously liable for the negligence of its truck drivers – including a driver who drives while fatigued.

You can Contact Us here, or call 269-679-4263 for help determining whether or not there is a case for an accident caused by truck driver fatigue in Kalamazoo and SW Michigan.

Should I accept the initial settlement offer from an insurance company?

Mon, 09 Nov 2020 18:36:00 GMT

After a catastrophic event, whether it be a workplace accident, serious injury, motor vehicle accident, injury on another’s property or severe harm from a defective or dangerous product, you likely will hear from the at-fault person’s insurance company soon after.

As you take care of the aftermath of the accident, this settlement offer adds extra confusion. The reality is, this initial settlement offer from the insurance company will only be a fraction of the full extent of the damages you suffered.

Figure the full cost of your injuries

When assessing the full cost of the accident, you need to think about several questions:

Did my injuries cause me to miss work and lose wages?
Am I still missing work and losing future wages?
Will a family member need to take care of me and stop their own employment?
Did my injuries affect my personal and family life?
Will I need to seek disability benefits because of my lasting injuries?

These factors, along with expenses such as your initial emergency medical care and ongoing medical treatment, begin to show a better picture of how your serious injury truly impacted you.

How you should proceed

You should never accept a settlement without first consulting with an attorney. The insurance company contacts you right after the injury as a business strategy. The lowball settlement offer will not cover the extent of your financial burden.

The insurance company will hold you to any sort of agreement to the offer even if you have not signed a release or deposited the check, so do not accept it in any way, even verbally.

Please contact Gergely Law Offices, P.C. and speak to our injury professionals so that we can assist you through your difficult times. We have over 50 year of experience in dealing with injury cases in Michigan and our family is here to help yours. You can call us at 269-679-4263 or you can Contact Us here.

What makes a dog suddenly bite someone?

Tue, 27 Oct 2020 17:34:00 GMT

Some dogs, often due to past trauma, just have an aggressive temperament. They may bite at almost any time. Most often, though, a dog that bites someone has never done it before. The person who owns the dog, along with the person who got bitten, may be completely shocked by the event.

So, why do dogs bite like this?

What causes a dog that seems friendly to suddenly lash out? Some common reasons include:

The dog was frightened. It may have felt like it was cornered by someone it did not know, for instance.
The dog was injured or sick. Knowing how vulnerable that makes it feel, the dog has an extra drive to protect itself from a potential threat.
The dog has something nearby that it considers valuable and wants to protect. The two most common examples of this are when a dog is protecting a puppy or its food and water.
The dog believes that the person, who may be aggressive, has entered its territory. This is why joggers often suffer bites since they approach a dog’s yard at an uncommonly quick pace.
The dog did not mean to hurt you and thought it was playing. If you watch two dogs play, they’ll be rough enough to hurt a person. A dog may try to engage you in that type of play and accidentally bite without ill intent.

What can you do if you’ve been bitten by someone’s dog?

If you have been bitten by a dog, no matter why it happened, you need to know what legal options you have. You may have a valid premises liability claim or other recourses of action. The bite can leave with you with scars, infections, and many other potentially expensive and painful complications. You shouldn’t have to suffer financial losses in addition to your other injuries.

If you are bitten by a dog and need help, we are here for you. You can Contact Us here, or please call us at 269-679-4263.

Cell Phone Related Injuries Rising

Tue, 13 Oct 2020 17:29:00 GMT

The New York Times once said that the cellphone has become the “remote control of our lives.”

These days, most people can’t live without this device. Far too often, these phones are taking over our lives – too often in a dangerous way.

A new study indicates that over a 20-year period, more than 2,500 cellphone users visited the emergency room with head or neck injuries in falls. People distracted by their cellphones are tripping, falling, and hurting their heads and necks more often.

Those aged 13 to 29 make up almost 40 percent of such patients. Distraction was a major culprit.

Most cases were mild, but some involved facial lacerations and traumatic brain injuries that could lead to long-term consequences.

The study, published recently, is believed to be the first to investigate the role smartphones play in injuries to these parts of the body. Previous studies have found that all types of “distracted walking” injuries have been on the rise.

Dr. Boris Paskhover, an assistant professor in the department of otolaryngology, head and neck surgery, at Rutgers New Jersey Medical School, told NBC News: “You walk in the city and you see everyone just looking at their phones,” he said. “Be aware that you can hurt yourself.”

Couple that with the sharp increase in texting and driving deaths across the United States and we have a very serious problem. The facts don’t lie.

14% of fatal crashes involved cell phones.

14% of distracted driving deaths were attributed specifically to cell phone use, as opposed to other forms of distracted driving.
4,637 people died in car crashes in 2018 due to cell phone use.
Including the cost to people’s lives, these crashes were responsible for $129 billion — or 15 percent — of the overall societal damage caused by motor vehicle crashes. This number only goes up after your primary offense.

The attorneys at Gergely Law Offices P.C., we have handled many cases of people getting hurt or even killed due to distracted driving. If you or a loved one has been a victim of any type of accident caused by negligence on the part of a driver, we want to hear from you. There is never a charge for the initial consultation and there are no attorney fees until we win.