August 3, 2010
Much to the dismay of experienced personal injury lawyers in Detroit, in 2004 the Michigan Supreme Court ruled that in order for an automobile accident victim to receive pain and suffering compensation, the person must have sustained an injury which changed the course or trajectory of the person’s life. While car accident victims were allowed to collect damages for medical expenses under the Michigan no-fault law, receiving any money for pain and suffering was a different story.
For years, many personal injury claimants have been denied deserved compensation as the high court maintained a strict interpretation of the law. However, this week the Supreme Court overturned this decision, ultimately opening the door for injured persons to recover more damages in Michigan car accidents. The court opined that the previous ruling was too strict of an interpretation of the law.
In this case, Genesee County resident Rodney McCormick sustained serious personal injury when a truck ran over his ankle while on the job. Prior to the truck accident, McCormick worked 60 hours each week and enjoyed regular recreational activities, such as golfing and fishing. However, the injuries sustained prevented him from being weight-bearing on the ankle, and McCormick was forced to undergo two surgeries and over 10 months of physical therapy. Additionally, for over a year and a half, the victim was unable to perform his normal job duties. Despite the immense pain that the victim was in, he fought through it to continue working at the same pay rate.
While many would call this strength and determination during a difficult time, the Michigan Supreme Court in 2004 denied him compensation for pain and suffering, ruling that because he still earned the same amount in wages, McCormick was ultimately living a normal life–regardless of the fact that medical testimony established that he will suffer from arthritis in his ankle, growing more painful overtime.
There is light at the end of the tunnel however, for not only McCormick, but the thousands of other Michigan residents suffering from injuries sustained in a car accident caused by intoxicated or careless motorists. In the precedent-setting decision this week, the high court revised the previous decision, explaining that state law “merely requires that a person’s general ability to lead his or her normal life has been affected, not destroyed.” Therefore, auto insurance companies will be forced to offer fair and appropriate settlements, as they are no longer protected by unjust rulings from the Supreme Court.
As evidenced by the recent decision, the law is both complex and always changing. Fortunately, the most recent change was in favor of the many suffering auto accident victims across the state of Michigan. Any of these individuals can attest to the severe physical and mental injury that such an incident causes. Because of this, it is important to proactively seek the best legal assistance possible for your personal injury claim. By contacting a hard-working and aggressive personal injury attorney in Detroit, you will receive the legal advice and legal representation needed to ensure that you receive compensation for all of your damages–medical, lost wages, and pain and suffering.
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Accidental Injuries, Auto, Motorcycle, Truck Accidents, For Your Information, Insurance Matters, Michigan State Law Matters | Tagged: For Your Information, Legal Advice, Legal Assistance, Legal Representation, Michigan Car Accident, Michigan Insurance Matters, Michigan State Law Matters, Michigan Supreme Court, Personal Injury, Personal Injury Claim |
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Posted by abrahamslaw
July 29, 2010
As a result of the abnormally high summer temperatures, people from across the state are flocking to Michigan lakes and beaches for some fun and relaxation. Despite the generally enjoyable nature of water-related activities, serious accidents can occur at any time, any place causing significant personal injury or even death. Following two recent water accidents in the past week, personal injury lawyers in Detroit, as well as public officials are concerned for the safety of Michigan beachgoers.
Last summer, many Michigan beaches were supplied with lifeguards or at the very least, flags of different colors indicating water dangers such as rip currents or a strong undertow. This year however, budget cuts have eliminated both of these safeguards from beaches across the state, ultimately putting swimmers at a higher risk for a Michigan water accident to occur. Just last week, a 17 year-old girl was critically injured in a swimming accident, while a 49 year-old man drowned while attempting to rescue his son.
Although it is unknown what caused these accidents, Grand Have Public Safety Captain Rick Yonker believes that rip currents are likely involved. Unfortunately, many people attempt to fight a rip current to no avail. According to Yonker however, the best thing to do is to “remain calm and conserve energy.” Stronger swimmers should swim parallel to shore to get out of a current, and then swim on an angle back to shore. More inexperienced swimmers on the other hand, should float with the rip current until it ceases. Additionally, all swimmers are recommended to wear a flotation device or life jacket regardless of ability or skill.
Certainly, enjoying the many great lakes and beaches is one of the best parts of living in the state of Michigan. However, residents need to remember that accidents can happen at any time, especially near the water. Wearing an approved flotation device, swimming in a group, and paying attention to any available warning signs or inquiring the weather before heading to the beach is a good step toward preventing water accidents. If one is hurt in a water-related accident, the victim and their family will almost certainly have several questions regarding their options. For answers, as well as the best legal advice and legal representation it is important to contact a knowledgeable personal injury attorney in Detroit. Acting quickly to retain counsel is the first step in making sure that you receive the most positive outcome for your personal injury claim.
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Accidental Injuries, For Your Information, Recreational Accident, Safety Matters and Tips | Tagged: For Your Information, Legal Advice, Legal Represenatation, Michigan Recreational Accident, Michigan Water Accident, Personal Injury, Personal Injury Attorney Detroit, Personal Injury Claim, Personal Injury Lawyer Detroit, Safety Matters and Tips, Water Accident Michigan |
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Posted by abrahamslaw
July 16, 2010
Take it from an experienced personal injury lawyer in Detroit–serious accidents can happen anytime, any place including while people are on the job. Work site accidents are among the most tragic because they are can be caused by environmental factors, such as the location that the job is performed in. It is possible that fumes and other chemicals coming from the work zones can cause serious personal injury or even death if inhaled by workers. In fact, an example of this is seen in a recent case where two West Michigan teens were killed in a tragic silo accident.
West Michigan teens Franscisco Martinez, 17, and Victor Perez, 18 were employees of the Yankee Springs Dairy who often worked long hours to earn extra money. However, while working in a small silo last week the two teens lost consciousness and collapsed. When they were finally pulled from the silo following the Michigan work site accident, the young men were pronounced dead on the scene.
According to the Barry County Sheriff, also inside the tiny yellow silo was a small amount of a molasses-like mixture that farmers use in cow feed. Although the investigation is ongoing, law enforcement officials believe that the fumes overcame the teens caused by the fermenting substance. Unfortunately, police also admitted that this will be a difficult case to crack–local news sources report that an officer from Michigan Occupational Health and Safety stated the investigation could take weeks, if not months to solve.
As if losing their children is not enough, the parents of the teens must go through additional heartbreak as the investigation drags on. This waiting period is not only emotionally draining, but also can prompt several questions regarding the personal injury or death of loved ones. Speaking with a knowledgeable and hard-working personal injury attorney in Detroit can provide not only answers, but the best legal advice and legal representation for your claim. Doing so quickly will get both results, and desperately needed compensation for medical and personal losses.
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Uncategorized | Tagged: Legal Advice, Legal Representation, Personal Injury, Personal Injury Attorney in Michigan, Personal Injury Claim, Personal Injury Lawyer in Detroit, Work Site Accident, Work Zone Accident, Worker's Compensation Benefits, Worker's Compensation Claim |
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Posted by abrahamslaw
July 13, 2010
Cruising around town in a cool-looking truck or sport utility vehicle is certainly an exciting activity. If the car malfunctions in any way however, the drive can turn dangerous quickly. In the opinion of an experienced personal injury lawyer in Detroit, mechanical problems in vehicles are often reoccurring, and a larger problem within that model or make. To handle such as situation, the car company will undoubtedly announce a vehicle recall so that significant personal injury or death is avoided.
According to the National Highway Traffic Safety Administration, Chrysler has announced recalls on over 22,000 vehicles including: the Dodge Nitro, Dodge Ram 1500, Jeep Liberty, and Jeep Wrangler. Referring to the 2010 models of these trucks and SUVs, Chrysler fortunately caught the internal vehicle problems quickly before a serious Michigan car accident occurs.
The recalls of the Dodge and Jeep automobiles are set to begin in August while Chrysler continues to look into the manufacturing problems that could pose threats to public safety. Investigations to date have pointed to an improper flare on a brake tube connecting the master cylinder to the hydraulic control unit. As the HCU is a part of the anti-lock braking system installed in these vehicles, the malfunctioning flare can cause a leak and loss of brake fluid. This is a very serious problem, as this directly affects a motorist’s ability to brake while driving.
Fortunately, the faulty brake tube can be replaced ultimately fixing the problem and saving driver’s from disaster. Owners of these aforementioned Dodge and Jeep vehicles should visit the National Highway Traffic Safety Administration website for more information. A more proactive option is simply to contact your local Chrysler dealer to schedule a maintenance fix. Failure to solve the internal problems in your car is dangerous, as faulty brakes can cause serious car accidents resulting in massive personal injury or death. If an auto crash does occur, a victim and their family will almost certainly have many questions regarding possible options. For answers, as well as superior legal advice and legal representation, it is essential to contact a hard-working personal injury attorney in Detroit. Acting quickly will ensure the best possible outcome for your personal claim, including the compensation you deserve for your medical and personal losses.
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Accidental Injuries, Auto, Motorcycle, Truck Accidents, For Your Information, Product Deficiency | Tagged: For Your Information, Legal Advice, Legal Representation, Michigan Car Accident, Personal Injury, Personal Injury Attorney in Detroit, Personal Injury Claim, Personal Injury Lawyer in Detroit, Product Recall, Vehicle Recall |
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Posted by abrahamslaw
July 7, 2010
Emergency situations can happen at any time, in any place. Often caused by human error of some kind, all accidents can cause significant personal injury or death. In the opinion of an experienced personal injury lawyer in Detroit, among the most devastating are those where somebody was harmed as a result of the actions of others, particularly those meant to uphold the law. This week, the media alerted the public to a case where a Plymouth woman is suing numerous Wayne County communities for the wrongful death of her husband, as well as wrongful detention.
In June 2009, law enforcement officials raided the home of Thomas Steiner and Neileigh Regets on suspicion of cocaine possession and trafficking. Even though they were originally looking for drugs, police eventually arrested Regets on attempted suicide charges. Fortunately it was not long before the officers subtly recognized the counts against Regets were bogus–she was held for 72 hours before being released with no charges pending against her.
Steiner, a recovering alcoholic suffering from bipolar disorder and Alzheimer, could not bear the stress of his wife’s arrest and her young children as well. To get away, he was staying at a local hotel. According to court documents, law enforcement officials entered his hotel room and took his medications needed for his disorders, but left a bottle of vodka. Three days later, Steiner was found dead in his hotel room. An autopsy revealed that he died of hypertensive cardiovascular disease, and that there was alcohol in his system.
Blaming police for the wrongful death in Michigan, Regets is suing numerous defendants including the City of Plymouth, as well as the townships of Plymouth and Canton.
It has been difficult to retrieve a response from the various organizations named in the lawsuit. The Detroit Free Press reports that police have refused to release any additional information regarding the case because the investigation is still ongoing–much to the dismay of Regets’ personal injury attorney who called the situation “nightmarish.”
Experiencing a death in the family is a heartbreaking situation for anyone to be in. However, the situation is even more devastating if a loved one died as a result of the unlawful and immoral actions of others. Families of wrongful death victims in Michigan are immediately left with several questions regarding their options. It is essential to be proactive in seeking answers by contacting a knowledgeable personal injury attorney in Detroit for assistance. Using sound legal advice and tactical legal representation provided by a hard-working lawyer is essential to ensuring the results you want for your personal injury claim.
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Accidental Injuries, Wrongful Death | Tagged: Detroit Personal Injury Attorney, Detroit Personal Injury Lawyer, Legal Advice, Legal Representation, Michigan Wrongful Death Accident, Personal Injury, Personal Injury Claim, Wrongful Death in Michigan |
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Posted by abrahamslaw
June 28, 2010
Although the Fourth of July is an exciting holiday involving family, food, and fun, it also can pose serious safety threats. An experienced Detroit personal injury lawyer has seen it all: warm temperatures and a day-off from work encourage increased alcohol consumption and careless behavior, making enjoyable activities such as water sports, driving, or igniting fireworks increasingly dangerous. The results of an accident on a special holiday could be devastating, causing significant personal injury or death.
As the recovering economy has provided the opportunity for more Michigan tourists this summer, the number of people out and about this Fourth of July is expected to increase a great deal. To protect yourself and your family this holiday season, be sure to keep the following safety tips in mind to prevent Michigan recreational accidents from occurring:
- Supervise children at all times while sparklers are in use, as it is possible to cause severe burns to the extremities. Emergency room doctors interviewed by The Detroit Free Press stated that most firework injuries could be prevented if younger users were supervised by a sober and responsible adult.
- Keep an eye on kids while swimming and diving in any body of water. Even better, make sure there is a trained lifeguard on duty. The more eyes on the kids in the water, the better.
- Be honest about your child’s swimming abilities–if your child is an inexperienced swimmer, make sure that he or she is wearing an approved flotation device for their safety.
- While driving or riding in any type of boat, it is important to have an approved life jacket for each person on board. Otherwise, boaters are subject to drowning.
- If you are an adult boating or participating in any water-related activity, refrain from use of alcohol or drugs. Emergency situations in the water is not uncommon, and being intoxicated will greatly reduce a person’s ability to reach safety.
- Under the same tune, driving a motor vehicle while intoxicated by alcohol or drugs is not only risky, it’s downright dangerous. An increased number of people on the roads will increase the chances of Michigan drunk driving accidents occurring.
Keeping these simple, but important safety tips in mind can help prevent disaster this Fourth of July. Failure to refrain from immense alcohol use or supervise young children can have horrendous consequences, including severe personal injury or death. If an accident does occur over the holiday weekend, the victim and their family will instantly be left with numerous questions regarding their options. For answers as well as tactical legal representation, it is essential to contact a hard-working and assertive Detroit personal injury attorney immediately. Acting quickly can help make sure you receive the compensation you deserve for the medical and personal losses sustained in your accident.
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Accidental Injuries, Auto, Motorcycle, Truck Accidents, Drunk Driving, For Your Information, Recreational Accident, Safety Matters and Tips | Tagged: Detroit Personal Injury Attorney, Detroit Personal Injury Lawyer, Drunk Driving, For Your Information, Fourth of July Accident, Legal Advice, Legal Representation, Michigan Drunk Driving Accident, Michigan Recreational Accident, Personal Injury, Personal Injury Claim, Safety Matters and Tips |
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Posted by abrahamslaw
June 6, 2010
Although construction is a vital part of developing any area, if one is not completely careful, serious accidents can occur at these sites causing significant personal injury or death. In the opinion of an experienced Detroit personal injury lawyer, many of these devastating incidents stem from a failure of a building company to comply with safety regulations designed to prevent disaster. A perfect example is the case of a construction worker who died from a fall on the University of Michigan’s campus in Ann Arbor.
While working on the massive UofM Museum of Art addition in February 2008, Leo Felty Jr. accidentally stepped backward of an unguarded scaffold and fell approximately 40 feet. Unfortunately, the impact of the Michigan construction site accident was go great that he died on impact.
Following Felty’s death, the state Attorney General charged Davenport Masonry, the construction company involved in this case, with failing to uphold the standards set by the Michigan Occupational Safety and Health Act. According to spokeswoman Joy Yearout, although these cases do not occur everyday, there are certainly trends in the causes of work-related accidents. “In most cases, the company has been previously cited for similar safety regulation lapses, or we have other evidence that demonstrates the company should have known that employees were not following safety regulations,” she explained.
According to AnnArbor.com, Felty’s case is just one of three that occurred on the University of Michigan campus during a 16-month period. Elevator mechanic David Smith died in August 2008 from falling down an open elevator shaft while working on the renovations to the Stephen M. Ross School of Business. Another worker, Gary Winisky was killed in June 2009 after being crushed by roofing materials that fell from a crane.
As a result of the reoccurring accidents, the University of Michigan has recently announced new safety regulations, imposed upon outside construction companies. For example, as a part of the new rules, contractors must develop “project-specific safety plans” to ensure that every employee is protected from an accident.
Evidenced by the case of Leo Felty Jr., being involved in a construction site accident is a traumatic and life-changing experience for anyone to go through, that can unfortunately result in serious personal injury or death. Because most of these incidents stem from a failure to adhere to safety regulations, it is essential that these minor problems are quickly fixed so that no worker is hurt on the job. If injured in such an accident however, a victim and their family will almost certainly have several questions regarding their case. For answers and aggressive legal representation, it is important to contact a hard-working Detroit worker’s compensation lawyer. Doing so immediately can help ensure that you receive the best outcome possible for your personal injury claim.
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Accidental Injuries, Construction Site Accident, Worker's Compensation | Tagged: Detroit Construction Accident Lawyer, Detroit Personal Injury Lawyer, Detroit Worker's Compensation Lawyer, Legal Advice, Legal Representation, Michigan Construction Site Accident, Personal Injury, Personal Injury Claim |
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Posted by abrahamslaw
June 6, 2010
Going to see a doctor or physician for any reason is a nerve-racking experience. Not only is your physical health in question, but great trust is placed in the medical practitioner to provide quality care to all patients. Failure to do so could not only cause significant personal injury or death, but it also breaks the delicate relationship between a doctor and their patient. As an experienced Detroit personal injury lawyer, incidents such as these unfortunately happen quite frequently. A perfect example rests in the case of a Michigan woman who is holding a Flint doctor for numerous counts of medical malpractice after a forced abortion.
According to documents filed in the Genesee County Circuit Court, Caitlin Bruce, 20, went to a local female health-care clinic to have an abortion performed. However, the ultrasound of her unborn child quickly changed her mind. Bruce reports that she asked Dr. Abraham Hodari to stop the procedure. Despite this, he continued to perform the abortion, contending that there was blood and tissue on his instrument from the pregnancy preventing him from stopping.
Following the incident, Bruce went through many psychological hardships, stating that the abortion changed her life completely. She was so terrified that she even tried to commit suicide as a result. Her experiences prompted her to file lawsuit against Dr. Hodari for seven counts of Michigan medical malpractice.
Even though Dr. Hodari insists that he could have stopped the procedure, his actions have been criticized by other medical practitioners. According to Dr. Mona Hardas, M.D., “Even if someone has signed a consent form, if someone wants you to stop you have to stop.” She also explained that there were other ways that he could have handled the situation, other than going ahead with the abortion as originally planned, such as sending her to the emergency room for a second opinion and examination by other doctors.
As seen by the example of Caitlin Bruce, the consequences of medical malpractice can be permanent and life-changing. Not only is the person subjected to great personal injury or death, it greatly violates the fragile balance of trust between doctors and patients. Following such an incident, victims and their families are almost certainly left with a number of questions regarding the best options to take. For answers, as well as superior legal representation, it is essential to contact a hard-working Detroit medical malpractice lawyer immediately. Acting quickly can help ensure that you receive the compensation you deserve for your medical and personal losses.
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Accidental Injuries, Medical Malpractice | Tagged: Detroit Medical Malpractice Lawyer, Detroit Personal Injury Lawyer, Legal Advice, Legal Reprersentation, Michigan Medial Malpractice Lawyer, Michigan Medical Malpractice, Personal Injury, Personal Injury Claim |
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Posted by abrahamslaw
June 6, 2010
When operating any type of motor vehicle, it is important to pay attention to the road at all time, and minimize all distractions that could cause an accident. Not only is using a cell phone while behind the wheel a dangerous habit, but driving while intoxicated can significantly impair a motorists’ ability to navigate the roads. However, in the opinion of an experienced Detroit personal injury lawyer, motorcycle crashes can sometime be among the most devastating as the driver of the bike is subject to major medical problems because their vehicle is much smaller than others on the road–it is not uncommon for such an incident to result in significant personal injury or death. Such are the circumstances of a recent case involving a Michigan man who died after being involved in a Lansing area motorcycle collision.
According to law enforcement officials, Thomas Graham, 76, was heading south on Zimmer Road in the evening hours of June 2nd. At some point during his ride, the Williamston Township resident reportedly lost control of his motorcycle and crashed into a ditch on the side of the road. The impact of the crash was so great, that as a result of the Michigan motorcycle accident, Graham died as the scene.
At this time, few pieces of information are known regarding the motorcycle crash. While the Michigan State Police reported that Graham was wearing a helmet, it has yet to be determined whether alcohol played a factor in this crash. An autopsy will greatly assist investigators by providing additional evidence to piece together the details of the accident. To find out all the missing answers, law enforcement officials are currently investigating the incident.
As seen by the example of Thomas Graham, emergency situations can arise unexpectedly while operating any motor vehicle, including a motorcycle. Because these machines are smaller than most others on the road, bikers are at a higher risk for significant personal injury or death, leaving a victim and their family with numerous questions. For sound legal advice, as well as superior legal representation, it is essential to contact a hard-working Detroit motorcycle accident lawyer immediately. Doing so can make sure that you receive the compensation you deserve for all losses incurred.
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Accidental Injuries, Auto, Motorcycle, Truck Accidents | Tagged: Detroit Motorcycle Accident Lawyer, Detroit Personal Injury Lawyer, Legal Advice, Legal Defense, Legal Representation, Michigan Motorcycle Accident, Michigan Motorcycle Crash, Personal Injury, Personal Injury Claim |
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Posted by abrahamslaw
June 3, 2010
In the spring and summer, many Michigan residents take advantage of the nice weather and choose to travel by foot to their destination. Although this is both economically smart and green-friendly, an increase in pedestrians on busy streets creates a much higher risk of an accident occurring, resulting in serious personal injury or death. An experienced Detroit personal injury lawyer can attest however, that those most likely to be hurt in such incidents are those that tend to be smaller in size (and therefore harder to see), such as children, senior citizens, or as seen in a recent case, the handicapped.
In the morning hours of June 1st, Emma Plair, 67, was heading to a doctors appointment in her motorized scooter, which she uses to get around. As she was attempting to cross Eastern Avenue in Grand Rapids, a white Mazda with a Illinois license plate slammed into her. As a result of the Michigan pedestrian accident, Plair sustained a broken leg and head injuries.
The driver of the Mazda, 31 year-old Jerry Pettaway Jr., fled the scene almost immediately after hitting Plair. However, he turned himself in to law enforcement officials later that evening. Although he stated in court today that he never meant to hurt Plair, and that the crash was an accident, the Kent County Prosecutor’s Office is charging him with two felonies including failing to stop at the scene of a serious accident and driving with a suspended license, causing injury. According to records from the Secretary of State, these are just the newest additions to an already extensive criminal history, including drug-related charges, assault, trespassing, and failure to pay child support.
As seen by the example of Emma Plair, even when crossing the street at designated crosswalks, a pedestrian accident can occur that results in serious personal injury or death. The situation is always made substantially worse however, when the at-fault motorist leaves the scene and does not take responsibility for his or her actions. Following a crash, a victim and their family will undoubtedly have several questions regarding their options. For answers, as well as the best legal advice and legal representation, it is essential to contact a hard-working and experienced Detroit pedestrian accident lawyer immediately. Acting quickly can help ensure that you receive the most positive outcome for your personal injury claim.
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Accidental Injuries, Auto, Motorcycle, Truck Accidents, Bicycle, Pedestrian Accidents | Tagged: Detroit Pedestrian Accident Lawyer, Detroit Personal Injury Lawyer, Legal Advice, Legal Defense, Legal Representation, Michigan Hit and Run Accident, Michigan Pedestrian Accident, Personal Injury, Personal Injury Claim |
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Posted by abrahamslaw