Detroit's Leading Auto Accident Law Firm
The term “Personal Injury” refers to Injury of body, mind and/or emotional distress caused by the negligence of another party and does not include property damage. Examples of incidences that include personal injury are; Car, Truck, Bus, Motorcycle, Railroad & Boating accidents - Animal attacks - Dog Bites - Premises Liability - Apartment complex Slip & Fall.
Automobile accidents are a frequent occurrence throughout the State of Michigan, and even more so in the Metro Area. Odds are, either yourself or a loved one has been involved in an automobile accident in their lifetime. As a result of these accidents, it is common for serious injuries to occur as well. The Law Firm of Elia & Ponto represents clients that have sustained injuries that include broken bones, traumatic brain injuries, back and neck injuries, knee injuries, shoulder injuries, lacerations, and all other serious injuries.
Current Michigan law requires three things before an injured person may be entitled to compensation for injuries sustained (“pain and suffering”) in an automobile accident. First, the person seeking compensation must not be at fault for the accident. Second, the injured person must sustain an injury that is “objectively manifested”. In more simple terms, the person must sustain an injury that will show up on a medical diagnostic test (MRI, X- Ray, CAT Scan, EEG, etc.). Lastly, the injury must cause a “serious impairment”. Basically, the injured party’s lifestyle must be effected due to the accident and the injuries sustained for a period of time.
A person must take legal action within three years from the date of the accident or they will not be able to pursue a claim for their “pain and suffering” against the at fault driver. Failure to initiate a lawsuit within that three years may result in your claim being forever barred.
Again, each individual’s claim is different. If you were injured in an automobile accident, call the Law Firm of Elia & Ponto and let us help you today!
Here at the Elia & Ponto Law Firm, we take every case deadly serious. Personal injury law is our bread and butter when it comes to our practice areas. We know how to handle cases in an aggressive and professional manner that shows the best results for our clients. The term “Personal Injury” refers to Injury of body, mind and/or emotional distress caused by the negligence of another party and does not include property damage. Examples of incidences that include personal injury are; Car, Truck, Bus, Motorcycle, Railroad & Boating accidents, Animal attacks, Dog Bites, Premises Liability, and Apartment complex Slip & Fall. At the Elia & Ponto Law Firm we will do everything in our power to win your case and make sure you get the justice you deserve.
Time is always of the importance in Michigan No-Fault claims. One must properly put the proper insurance company on notice of their claim within one- year from the date of the loss. If this is not done, your claim will legally be barred and you will be unable to obtain Michigan No-Fault Benefits.
Furthermore, if a benefit goes unpaid, one must initiate a lawsuit within one year from the date that benefits is accrued, or you will be barred from recovering that benefit. If you believe you may have some outstanding no-fault benefits, call the Law Firm of E & P and let us help you….
The law in Michigan surrounding dog bites is very clear. The owners and keepers of dogs in Michigan are strictly liable for dog bites and attacks. What this means is that the victim of the dog bite does not have to prove that the owner and keeper of the dog was negligence, only that they were bitten and/or attacked. So long as the victim did not legally “provoke” the dog that attacked them, the owner and keeper of the dog is legally liable.
A victim of a dog bite or attack can recover for their pain and suffering, disfigurement as a result of scarring, or any infection caused secondary to the bite and emotional distress. A victim of a dog bite or attack in Michigan has three years from the date of the incident to take legal action against the proper owner and keeper of the dog, or their claim will be forever barred.
Michigan law is constantly evolving surrounding this area of personal injury law. However, what remains constant is that the owner or possessor of property owes certain duties to make their property reasonably safe to those allowed on its properties. The failure of the owner or possessor to either warn of the dangerous condition, or to remedy the dangerous condition, makes the owner or possessor of the property liable under Michigan law. Unfortunately, currently there are a number of defenses provided to property owners under current Michigan law that leads to most claims being denied. If you were injured as a result of a slip and fall, or another dangerous condition on another’s property, call The Law Firm of Elia & Ponto and let us help you.
Common causes of injuries on another’s property arise out of slip and falls. In general, most victims fall as a result of ice and snow, “black ice” and liquid(s) on the floor, However, there are plenty of other reasons as to how one may be injured on the property of another such as falling merchandise, defective walkways, poor/inadequate lighting, and fires. If you have been the victim of any of these circumstances, call The Law Firm of Elia & Ponto.
Much like automobile accidents, semi-truck or commercial vehicle accidents are also a far to frequent occurrence in the State of Michigan. Unfortunately, accidents involving these types of vehicles often result in the victims sustaining serious injuries that often times effect their abilities to regain the full enjoyments of life that they experienced previously. Given the severity of these accidents, it should not come as a surprise that these accidents generally result in complex litigation in pursuit of fair recoveries. To protect your rights, you will need a law firm that is experienced in handling these types of matters. From the moment these losses occur, many of these big companies attempt to conceal or destroy important evidence, or hire attorneys to mitigate their damages. The Law Firm of Elia and Ponto, PLLC are well aware of the legal complexities of these claims, and the deceitful tactics sometimes employed by the at fault companies. If you or a loved one were involved in an accident involved in an accident involving a semi- truck or commercial, call our office today at (855) 75-EPLAW.
Payment of No Fault Benefits
Michigan is a unique State in that it is one of the few in the Country that employs a “No-Fault Insurance” policy. Every owner and driver of a vehicle is required by law to have No Fault Automobile Insurance on the vehicle that they own. While No-Fault Insurance laws are complex and fact specific, you are most likely entitled to Michigan No-Fault Insurance benefits if you were injured in an accident involving a motor vehicle. Whether you were a driver or passenger in a car, on a motorcycle, riding a bicycle or a pedestrian. In some instances, you may even be entitled to No- Fault benefits if you are injured while performing maintenance on a motor vehicle or simply entering or exiting a motor vehicle. You are entitled to the benefits that will be outlined below, even if you were at fault for the accident.
Uninsured Motorist Claim
Involved in a hit an run accident? Involved in an accident where the driver responsible was uninsured? You may still be entitled to compensation for your injuries if the policy of insurance that covers you for the loss contains coverage for Uninsured Motorist Benefits. Uninsured Motorist coverage will provide compensation for your pain and suffering if there is no other liability insurance to provide compensation. However, even though Uninsured Motorist Benefits are an additional coverage that the policy holder (often times the injured person) pays an additional premium for, insurance companies more often then not attempt to deny payment, or offer unreasonable compensation for your pain and suffering. The Michigan Auto Accident attorneys at the Law Firm of Elia and Ponto, PLLC will fight for you to ensure you receive fair compensation if you are ever involved in a hit and run motor vehicle accident, or an accident with a vehicle that is uninsured.