Under the No-Fault law, your own auto insurance company is responsible for paying all reasonably necessary medical bills related to the accident through your Personal Injury Protection (PIP) coverage, up to the limit you selected in your policy.

The value depends on many factors, including the severity and permanency of your injuries, the impact on your daily life, and whether you meet the "serious impairment" threshold. There is no simple formula; it requires a detailed analysis of your medical records, the facts of the accident, and the long-term prognosis.

No. Our firm handles personal injury cases on a contingency fee basis. This means we only get paid if we successfully recover money for you, either through a settlement or a jury verdict. There are no upfront costs to you, and our initial consultation is always free.

First, seek immediate medical attention for any injuries, even if they seem minor. Second, report the accident to the police to create an official record. Third, if possible, gather contact and insurance information from other drivers and take photos of the scene and vehicle damage. Finally, contact an experienced personal injury attorney before speaking to any insurance adjusters.

The "open and obvious" doctrine in Michigan premises liability law underwent a fundamental change in July 2023, significantly altering the legal landscape for slip and fall cases. Previously, under a 22-year-old precedent, property owners were often shielded from liability if the hazardous condition that caused an injury was "open and obvious," meaning an average person could be expected to discover it upon casual inspection. This rule held that the property owner had no duty to protect visitors from such dangers, often leading to cases being dismissed by a judge before ever reaching a jury. A Grand Rapids personal injury lawyer can explain how this change affects your potential claim.

In the landmark consolidated cases of Kandil-Elsayed v. F & E Oil, Inc. and Pinsky v. Kroger Co. of Michigan, the Michigan Supreme Court overturned this long-standing rule. The Court held that the open and obvious nature of a hazard no longer eliminates the property owner's duty to maintain their premises in a reasonably safe condition.

Under the new standard, the fact that a danger was open and obvious is no longer a complete bar to a claim. Instead, it is now a factor for the jury to consider when determining two different issues:

1. Breach of Duty: Did the property owner breach their duty of reasonable care? A jury might decide that even though a hazard (like ice on a walkway) was obvious, it was still unreasonable for the owner not to have taken steps to remedy it.
   

2. Comparative Negligence: Was the injured person partially at fault for their own injuries? The jury will weigh the plaintiff's responsibility in failing to avoid an obvious hazard against the defendant's negligence in failing to fix it.
   

This ruling makes it much more likely that slip and fall cases will be decided by a jury based on the reasonableness of both parties' actions, rather than being dismissed early by a judge.

This major change in Michigan law makes it more important than ever to have an experienced attorney evaluate your slip and fall claim. Our Grand Rapids personal injury lawyers are on the cutting edge of this new legal standard. If you were injured on someone else's property in West Michigan, we can now build a stronger case by arguing that even if a hazard was obvious, the property owner was still negligent. The Law Offices of Mitchell S. Bisson are prepared to take these cases to a Kent County jury to fight for the full compensation you deserve.

In a Michigan personal injury claim, damages are categorized into two distinct types: economic and non-economic. Understanding this distinction is crucial, especially in auto accident cases governed by the state's No-Fault insurance system.

Economic damages refer to tangible, objectively verifiable financial losses that a person incurs due to their injury. These are losses that can be calculated with receipts, bills, and pay stubs. Common examples include:

• Medical expenses (hospital bills, physical therapy, medication).
  

• Lost wages and loss of future earning capacity.
  

• Replacement service costs (for household chores the victim can no longer perform).
  

• Attendant care costs (in-home nursing assistance).
  

Non-economic damages are intangible, subjective losses that do not have a precise monetary value but compensate the victim for the human cost of the injury. These damages are often the largest component of a serious injury claim and include:

• Physical pain and suffering.
  

• Mental anguish and emotional distress.
  

• Loss of enjoyment of life.
  

• Scarring and disfigurement.
  

• Loss of consortium (the impact on the victim's marital relationship).
  

In Michigan auto accident cases, the legal fight is often centered on the right to recover non-economic damages. While a victim's own No-Fault (PIP) insurance covers their economic losses regardless of fault, they can only sue the at-fault driver for non-economic damages if their injury meets the legal threshold of a "serious impairment of body function".

After an injury, our goal is to recover every dollar of compensation you are entitled to. Our Grand Rapids personal injury attorneys meticulously document all of your economic losses, from medical bills to lost wages. The Law Offices of Mitchell S. Bisson excels at demonstrating the true value of your non-economic damages—your pain, suffering, and the impact on your life. We work with experts across West Michigan to build a comprehensive damages claim to ensure you receive full and fair compensation.

Michigan follows a "modified comparative negligence" rule, which is a legal doctrine that allocates fault between the plaintiff and defendant in a personal injury case. This rule directly impacts the amount of compensation an injured person can recover.

The rule operates in two key ways:

1. Reduction of Damages: A plaintiff's total damage award is reduced by their percentage of fault. For example, if a jury awards $100,000 in damages but finds that the plaintiff was 20% at fault for the accident, the plaintiff's final recovery will be reduced by 20% to $80,000.
   

2. The 51% Bar for Non-Economic Damages: This is the most critical aspect of the rule. If the plaintiff is found to be 51% or more at fault for the accident, they are completely barred from recovering any non-economic damages, which includes compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
   

This "51% bar" creates a high-stakes, all-or-nothing scenario for the most significant part of many personal injury claims. A jury finding that a plaintiff is 50% at fault allows them to recover half of their non-economic damages, but a finding of 51% fault means they recover zero for these losses. It is important to note that even if a plaintiff is more than 50% at fault, they can still recover their economic damages (like medical bills and lost wages), although that recovery will be reduced by their percentage of fault. This rule heavily influences settlement negotiations, as both sides must carefully weigh the risk of this potential outcome at trial.

Michigan's comparative negligence rule means the insurance company will try to place as much blame as possible on you to reduce or eliminate your compensation. Our Grand Rapids personal injury attorneys fight back against these tactics. We gather the evidence needed to minimize your percentage of fault and maximize your recovery. The Law Offices of Mitchell S. Bisson understands the high stakes of the "51% bar" and build a strong case to ensure our clients in Kent County can recover the full pain and suffering damages they deserve.

Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverages are optional but critically important components of a Michigan auto insurance policy. They are designed to protect you financially from the irresponsible choices of other drivers by providing a source of recovery when the at-fault driver has little or no insurance.

• Uninsured Motorist (UM) Coverage: This coverage applies when you are injured in an accident caused by a driver who has no auto insurance at all, or in a hit-and-run accident where the at-fault driver cannot be identified. In this situation, your own insurance company steps in and pays the damages you would have been legally entitled to recover from the uninsured driver, such as pain and suffering and excess economic loss.
  

• Underinsured Motorist (UIM) Coverage: This coverage applies when the at-fault driver has insurance, but their bodily injury liability limits are insufficient to cover the full extent of your damages. For example, if your damages are valued at $200,000, but the at-fault driver only has a $50,000 policy limit, your UIM coverage would pay the remaining $150,000, up to your own UIM policy limit.
  

Essentially, with UM/UIM coverage, you are buying an insurance policy to cover the person who hits you, ensuring that your ability to recover for a serious injury is not dependent on the luck of being hit by a financially responsible driver. Given that many drivers carry only minimum liability limits, UM/UIM coverage is a vital safety net.

If you have been injured by an uninsured or underinsured driver in Grand Rapids, your own insurance policy may be your most important source of recovery. The personal injury attorneys at the Law Offices of Mitchell S. Bisson are highly experienced in handling UM and UIM claims. We help accident victims across West Michigan navigate the complexities of these claims to ensure their own insurance company pays the full benefits they are owed for their pain and suffering. We fight to make sure you get the protection you paid for.

Michigan's "social host liability" law addresses the civil liability of private individuals who furnish alcohol to guests. The law draws a very clear and strict line based on the age of the person being served.

For adults (age 21 and over), Michigan has no general social host liability. A private individual who serves alcohol to an adult guest, even if that guest becomes visibly intoxicated, cannot be held civilly liable for injuries that the intoxicated guest later causes to a third party. This is a significant difference from Michigan's "Dram Shop" law, which imposes liability on licensed establishments (bars, restaurants) for serving visibly intoxicated patrons of any age.

For minors (under age 21), the rule is the opposite. A social host can be held civilly liable for injuries or death caused by an intoxicated minor if the plaintiff can prove that the host knowingly sold or furnished alcohol to that minor, or failed to make a diligent inquiry as to whether the person was a minor. This liability can extend to injuries suffered by the minor themselves or by innocent third parties harmed by the minor's actions, such as in a drunk driving crash. This reflects a strong public policy aimed at preventing underage drinking and holding adults accountable for facilitating it.

If you or a loved one has been injured by an intoxicated minor in the Grand Rapids area, the adult who provided the alcohol may be held legally responsible. The personal injury lawyers at the Law Offices of Mitchell S. Bisson have experience investigating and pursuing social host liability claims across West Michigan. We work to uncover the evidence needed to prove that an adult knowingly served a minor, and we fight to hold them accountable for the devastating harm that results from their irresponsible actions.

The statute of limitations is a law that sets a strict deadline for filing a lawsuit. For most personal injury claims in Michigan, the deadline is three years from the date the injury occurred. However, in some cases, the injury is not immediately apparent. The "discovery rule" is a legal doctrine that acts as an exception to the standard rule in these situations.

The discovery rule states that the statute of limitations clock does not begin to run until the date the plaintiff discovered the injury, or the date they should have discovered the injury through the exercise of reasonable diligence. This rule is designed to ensure fairness in cases involving latent injuries, where the harm is not immediately obvious.

The most common application of the discovery rule in Michigan is in medical malpractice cases. The standard deadline for a malpractice suit is two years from the date of the negligent act. However, the discovery rule allows a patient to file a lawsuit within six months from the date they discovered, or should have discovered, the malpractice. It is important to note that Michigan also has a "statute of repose," which creates an absolute deadline. Generally, a medical malpractice lawsuit cannot be filed more than six years after the date of the negligent act, regardless of when the injury was discovered, with very limited exceptions for fraudulent concealment or injuries to a reproductive organ.

Determining the deadline to file your lawsuit can be complex, especially when an injury isn't discovered right away. Our Grand Rapids personal injury attorneys can analyze the specific facts of your case to determine if the discovery rule applies. The Law Offices of Mitchell S. Bisson has a deep understanding of Michigan's statutes of limitations and repose, particularly in complex medical malpractice cases. We act swiftly to ensure our clients' rights are protected and that their claims are filed before the legal deadline expires.

A wrongful death lawsuit in Michigan provides a way for surviving family members to seek compensation when a person's death is caused by the wrongful act or negligence of another. When the victim is a child, the law recognizes that while there may be limited economic losses, the intangible losses are profound. The lawsuit is filed by the personal representative of the child's estate on behalf of the eligible surviving family members, which primarily includes parents and siblings.

Under Michigan's Wrongful Death Act (MCL 600.2922), the following types of damages can be recovered:

• Medical, Hospital, Funeral, and Burial Expenses: The estate can recover the costs associated with the child's final medical care and funeral arrangements.
  

• Conscious Pain and Suffering of the Deceased: If the child was aware of their injuries and experienced pain and suffering between the time of the injury and their death, the estate can recover damages for that suffering.
  

• Loss of Society and Companionship: This is typically the largest and most significant element of damages in the wrongful death of a child. It compensates the surviving parents and siblings for the loss of the child's love, affection, care, guidance, and companionship for the duration of their expected lives. The legal system acknowledges that the value of a child's life is not measured by their earning potential, but by the profound loss of the relationship itself.

The loss of a child is an unimaginable tragedy. Our Grand Rapids wrongful death attorneys handle these sensitive cases with the utmost compassion and dedication. The Law Offices of Mitchell S. Bisson helps families in West Michigan navigate the legal process to hold the negligent party accountable. Our focus is on securing compensation for the profound loss of society and companionship, providing a measure of justice and financial security for the family during an incredibly difficult time.

Suing a government entity like a city for an injury caused by snow and ice on a public sidewalk is exceptionally difficult in Michigan due to multiple layers of legal protection that shield municipalities from liability.

First, government agencies are generally protected by governmental immunity, which shields them from most tort lawsuits. However, there is a "highway exception" to this immunity, which allows lawsuits for injuries caused by a government's failure to maintain a public highway, including sidewalks, in reasonable repair and in a condition reasonably safe and fit for travel.

Even if a case fits within the highway exception, a plaintiff must then overcome the "natural accumulation" doctrine. This common law rule generally holds that a property owner, including a municipality, has no duty to a pedestrian for injuries caused by the natural accumulation of ice and snow. To have a viable claim against a city, a plaintiff typically must prove that the condition was somehow unnatural or that the city's own actions made the condition more hazardous. For example, a claim might succeed if a defective downspout from a city building created a specific, unnatural patch of ice on the sidewalk.

Finally, claims against government entities are subject to very short and strict notice requirements. A person injured on a defective highway must provide written notice to the governmental agency within 120 days of the injury, detailing the location, the defect, and the injuries sustained. Failure to provide this timely notice can bar the lawsuit entirely.

Claims against a city are complex and have very short deadlines. If you were injured on a public sidewalk in Grand Rapids, it is vital to contact an attorney immediately. Our personal injury lawyers can quickly investigate your claim to determine if the "highway exception" and an "unnatural accumulation" apply. The Law Offices of Mitchell S. Bisson will ensure the mandatory 120-day notice is properly filed with the City of Grand Rapids to preserve your right to sue and will navigate the difficult legal challenges of governmental immunity on your behalf.