Personal Injury and Wrongful Death

Tort law (civil claims for damages from injury due to another’s negligence) changes rapidly. Conservative judges on our state’s appellate courts have, in recent years, placed high hurdles in front of injured persons and their families who seek negligence damages. For instance, the courts have said that business premises owners who maintain unsafe conditions which injure customers or guests are not legally responsible for injuries where the dangerous conditions are "open and obvious." In another instance, the Michigan Supreme Court has told seriously injured victims they have no right to sue a negligent driver without demonstrating that, regardless of the seriousness of the injury, the "trajectory" of their lives has been altered.

Personal injury and wrongful death claims, therefore, must be carefully evaluated and prepared so that victims and their families are justly compensated for their losses. Injury victims should not rely on insurance adjusters for legal advice for two reasons. First, adjusters are not licensed to give legal advice. Second, and more importantly, adjusters are working for their for-profit employer, not for the injured.

Damages in wrongful death cases can include the "loss of society and companionship" suffered by te surviving family members. Also compensable are the support which the dependents relied upon during the deceased’s life, including lost wages, contributions of things of tangible value. Damages in personal injury cases can include pain, suffering, anguish, embarrassment, loss of enjoyment of life, loss of earnings and earning capacity which have been incurred in the past since the injury, are being incurred presently, and which can reasonably be predicted in the future.

Ryan & Ryan has obtained judgments and settlements of personal injury and wrongful death cases ranging from thousands of dollars to millions of dollars. Typically, a claim’s worth is determined by a weighing of factors including the liability issues, the seriousness of the injury, the circumstances of the victim and the likelihood of a jury or judge being emotionally affected by the circumstances.

We do not bill for conferences concerning personal injury or wrongful death. Typically, our fee is charged only when and if recovery is made. If no recovery, there is no attorney fee.

Persons who become unable to engage in “substantial gainful employment” and who have paid into the Social Security system are entitled to Social Security Disability Insurance Benefits which include a monthly payment and Medicare coverage.  Persons who have not paid into the system and who become disabled may still be entitled to monthly benefits under a welfare system called Supplemental Security Income or SSI.

The Social Security law and regulations determine disability by considering your age, your “past relevant work,” and evidence you produce from medical personnel and others.  In many cases, the combination of physical impairments with other non-physical impairments is what turns an initial denial of benefits into
an award of benefits. You are entitled to a hearing with an Administrative Law Judge in an appeal of an initial denial.

Ryan & Ryan has handled hundreds of such claims leading up to and during such hearings.  Attorney fees are “contingent” upon recovery and are controlled and approved by the Social Security regulations.  There is no fee unless you are awarded benefits.  Call for a free consultation to discuss your disability questions.

Workers’ Compensation

Michigan law provides wage loss benefits, medical coverage and vocational rehabilitation to injured workers and their families.  The workers’ compensation laws are based on a “no fault” system whereby benefits are paid by the employer and its insurance company regardless of whether the employer was at fault for the injuries. As long as the injury occurs “arising out of” the employment, benefits are due.  However, employers and the insurance companies often dispute the fact that the injury occurred on the job, or that the injury has caused any disability.  They often employ doctors who are trained to blame any physical problems on “degenerative conditions of the aging process” rather than the results of the injury or conditions of the job. Many disputed cases are “settled” by a “redemption of liability” which releases the employer of all past, present and future liability.  Such settlements may have significant effects on the workers’ rights to employment and/or disability benefits available through the Federal government or private insurance contracts.

Ryan & Ryan has specialized in workers compensation cases since 1932 and has gained a reputation for knowledgeable, effective advocacy for the injured workers in Southwest Michigan.