It depends on the case. You're asking about the Statutes of
Limitation. It would be irresponsible to post the time limits
here, because it really requires a professional to interpret and
apply them properly to your case. You
also must be aware that even before you sue, you may have to put the
wrongdoer on formal notice of the claim, and these deadlines can be
very short, just days. These deadlines can be very unfair, but
there are exceptions too. Our guidance is to act quickly and
don't ever assume you missed a deadline.
Most of our services are offered on a contingency fee, which
means our fee is a percentage of the amount recovered.
If there is no recovery, there is no fee.
Thomas Edison once remarked that time ought to be measured by
achievement, not minutes and hours. That's how a
contingency fee works, and we embrace it.
Our clients find
this beneficial for a number of reasons. First, your best
interests are paramount. With an hourly fee there is always
the concern that the client is not getting value for his money.
Second, you receive no monthly bill. Many people could not
afford a lawyer if faced with a bill for hourly services each month.
At the end of the case you receive a detailed accounting of all
money received and advanced on your behalf. All of our fee
agreements are in writing, and you will receive a copy.
We usually advance the costs to pursue the case.
This
includes such things as court filing fees, subpoena and witness fees, expert witness fees, the
cost of deposition transcripts, and many other items needed to
advance your cause. At the end of the case, we provide you
with a detailed itemization. The fees are deducted from the
total amount recovered--the gross recovery; then the fee is
calculated on the remainder--the net amount recovered.
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Usually yes. Very
insiteful question because there are many instances in the law where
the judgment in one case can preclude a second case. But
Michigan law provides that eviction actions generally do not
decide all claims. But you have to be very careful.
"Issue preclusion" is a real concern in Michigan. Others
should not allow a default to be entered without proper advice from
an attorney.
An adjuster just called me out the
blue, told me the driver of the other car had only $20,000 liability
coverage, and showed me the policy. I want to take the full
$20,000 because I can save the attorney fee. Why not?
Bad idea. Real bad.
True, he may have only a $20,000 policy but there could be a lot
more. First, there could be a dram shop action if alcohol was
involved. That's an action against the bar or store that
illegally furnished liquor. Michigan law says that if you
settle with driver you automatically lose your dram shop claim.
That's just one example.
What if the driver crashed into you
in the course of his employment? The employer would be liable
under a theory of principal/agent. You may not be able to sue
the employer if you settle with the employee.
One more example. In
your own auto policy you may have underinsured motorist coverage and
not even know it. That policy says that it will pay you if the
other driver does not have sufficient insurance. But it also
says you can't settle with the driver without their permission.
If you do, you lose the underinsured motorist coverage. We had a
client come to us when he was just about to settle his case for the
driver's policy, $20,000. But he had underinsured motorist
coverage of $100,000. So we took over the case and both
policies paid in full.
Finally, make sure you know
what you are signing when you sign the settlement papers. That
"Release" might not only release the driver from liability, but
everyone else that might be involved: the government for a defective
roadway; any other driver that might have been involved, and even
your own insurance carrier so it doesn't have to pay your medical
bills from that crash. (Remember the other driver is never
liable for your medical bills.)
Releases in Michigan are
usually ironclad. They usually can not be rescinded or
modified. You are bound by what is in there even if you didn't
read it.
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