Hamilton, MI Personal Injury Law Firms & Lawyers

It is hard to say without reading the contract, knowing all of the facts, knowing what is customary in the industry for such defects. One practical question is whether you own any property, real estate, stocks, large bank accounts, from which a judgment can be collected (you can have up to $50,000.00 in a house in SC that is exempt from execution on a judgment). If you have no assets, and judgment they get will be worthless. This can be enormous leverage in settling a suit. There are many other questions. Did you perform the contract, and are your errors acceptable in the industry? If so, they get nothing. Were the consequential damages they seek of the type that would have been within the contemplation of the parties (if so, why was the provision for free re-editing put in?)? there are arguments on both sides. Good luck.

Kinda' sounds like this isn't really a Michigan question as your medicals should be paid by your own vehicle insurer or another vehicle insurer in the list of priority per the Michigan statute. Of course, a *written *Application for Benefits (AFB) had to have been turned in to the insurer (or list of possible insurers) within 1 year of the crash, or your claim would be untimely. You may certainly sue any at fault driver, and any owner who gave permissive use of the vehicle to the negligent operator, for your pain and suffering. Whether there is coverage and/or assets is a separate issue, but relevant to whether you will likely be able to collect on any damage award you receive. You have 3 years, in Michigan, to file such a claim.

The question is always: was anyone negligent? Is it negligent to own the store? Do you think you get paid because you fall somewhere? Where did you get that idea?