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About John Walt

John Walt began practicing law in 1980 having graduated from the University of Michigan in 1977 and the University of Detroit Law in 1980. His practice areas have taken him to courts all over the state to Detroit, Flint, Saginaw, Bay City and points in between.

Can I Get Social Security Disability If I Suffer from Diabetes?

November 25, 2014 by John Walt Leave a Comment

Can I Get Social Security Disability If I Suffer from Diabetes?

As a diabetes sufferer, your symptoms and complications may eventually prevent you from working. If that occurs, you may be entitled to benefits through the Social Security Disability Insurance, or SSDI, program.

 

Diabetes mellitus 1 and 2 are conditions that affect the pancreas’ ability to produce insulin. Type 1 is diagnosed in childhood and because the body does not produce insulin, or produces insufficient insulin, requires insulin injections. Type 2, or adult onset, is based on the body’s immune response to insulin. In this form, the body is resistant to the insulin being produced, and therefore is lacking the means to metabolize sugars ingested. It is usually the result of poor diet, lack of exercise, and occasionally is hereditary. Both can be life long debilitating diseases depending on treatment response and compliance. Diabetes can mean a simple lifestyle change or a complicated disease that slowly takes away the freedom to enjoy life. If you find that your diabetes is preventing you from working and causing a decline in your health, SSDI may be available to those who qualify.

 

Depending on what type you have, you may be wondering if you qualify for SSDI benefits in the event that full-time work has become a problem for you. The qualification process is complicated and many requirements must be met; however, many are able to qualify based on their existing history and complications arising from the disease. Take note that diabetes itself has been removed from the qualifying list, or Blue Book, for SSDI as of 2011 because type 2 can be a preventable disease and treatments are usually effective in managing both types of the disease. Therefore, one must be able to prove that issues arising from the disease are causing disability. Some of these issues include neuropathy (nerve damage), which results in motor skill disturbance, retinopathy that affects visual ability, acidosis, cardiovascular disease, kidney problems, digestive problems, high blood pressure, skin infections, and amputations. If you are affected by any of these complications, you may qualify for SSDI.

 

If you are having any of the residual complications, it is important to have documentation from specialists, as well as from your primary care physician that state that the complications are from diabetes and that your diabetes is impairing your ability to perform work. Specialists, of course, are more credible than primary physicians. There is also the residual functional capacity (RFC) form from SSDI that is used to determine what level of work, if any, you are able to perform despite your complications. It is possible to still receive benefits even if you can perform certain types of work – sedentary, part-time, or other types of limited working environments

 

Because this disease tends to have limitations and requires considerable evidence to prove disability, many claims are initially denied. If your diabetes is preventing you from holding down a job, however, applying for SSDI may be your best option. If you have specific questions or concerns, contact the experienced Michigan SSDI attorneys at Slusky and Walt, the American Benefit Experts, by calling 1-800-ABE-HELPS (1-800-223-4357) today to schedule your free consultation.

Can I Get Disability Benefits If I Can Work Part-Time?

November 18, 2014 by John Walt Leave a Comment

Can I Get Disability Benefits If I Can Work Part-Time?

People are often under the impression that Social Security Disability Insurance benefits, or SSDI, are only available if you absolutely cannot work at all. In fact, you may be able to work some and still qualify for SSDI benefits. Maybe you are thinking of applying for Social Security disability benefits, or have already filed, but you work part-time? Or maybe your condition is getting better, and you would like to try going back to work? You may be wondering if this will affect your ability to collect your benefits. The answer is yes and no, depending on what program you may qualify for. An experienced Michigan SSDI attorney can be of great help in evaluating your legal options.

 

When initially applying for SSDI, there are many factors that may determine your ability to work such as medical documentation, age, and health status. Yet, it is possible to still receive benefits even if you can perform certain types of work – sedentary, part-time, or other types of limited working environments. Still, you may have to have a medical-vocational assessment, which includes the residual functional capacity (RFC) assessment to see what level of work you might be capable of handling as well as things such as education level, skill level, previous work experience, and transferability of skills. Only being able to work part-time as opposed to full-time does not necessarily qualify you as disabled. On the contrary, if any of these assessments show that you are capable of working full-time, you may not be qualified for SSDI benefits.

 

Generally, the reason you have filed for disability is because you are unable to perform work and provide financially for yourself. This is why you need these benefits. There may, however, be times down the road when you have acquired new skills and are able to perform a new type of work, or you have found part-time work that you are able to do. Your SSDI benefits will not necessarily stop in this situation. There are a few programs in place that allow one to work and still receive SSDI benefits. Each has specific criteria that must be met and followed in order to be a part of the program, or you may lose your benefits permanently. Mainly, you must advise the SSA when you start or stop work; if your duties, hours, or pay scale changes; and if you have any disability related expenses. The following programs are available under the Social Security Disability Insurance program:

 

  • The Ticket to Work Program
  • The Trial Work Period
  • Expedited Reinstatement

 

If you are currently receiving SSDI benefits and become able to work part-time, one of these programs may allow you to continue to receive your SSDI benefits while you transition back to work and/or allow you to earn a small income while continuing to receive your SSDI benefits.

If you need additional information, or have specific questions or concerns, contact the experienced Michigan Social Security benefits attorneys at Slusky and Walt, the American Benefit Experts, by calling 1-800-ABE-HELPS (1-800-223-4357) today to schedule your free consultation.

What Is The Deadline for Filing a Personal Injury or Wrongful Death Case after a Truck Accident in Michigan?

November 11, 2014 by John Walt Leave a Comment

What Is The Deadline for Filing a Personal Injury or Wrongful Death Case after a Truck Accident in Michigan?

The victim of a motor vehicle accident often suffers serious physical and emotional injuries as a result of the collision. When a collision involves a tractor-trailer or other large truck the risk of severe, even fatal, injuries is increased dramatically because of the sheer size and weight of the truck. If you have been injured in a Michigan trucking accident, or are the surviving family member of someone killed in a trucking accident, you could be entitled to compensation for your injuries. One important question that must be answered though is “ What is the deadline for filing a personal injury or wrongful death case after a truck accident in Michigan? ”

Fortunately, the law does allow the victim of a trucking accident to pursue compensation from an at-fault party in the State of Michigan; however, the law also limits the amount of time a victim has to pursue that compensation. Known as a “statute of limitations”, or SOL, these laws are intended to create a fair system of compensation for victims of personal injury accidents. Limiting the time a victim has to litigate a claim of negligence ensures that a defendant has a fair chance to defend the claims made against the defendant. When an extensive amount of time has passed since the alleged accident it becomes virtually impossible for a defendant to locate evidence and/or witnesses that can be used to defend the claims. Therefore, the law limits the timeframe within which a personal injury accident or wrongful death claim can be brought in the State of Michigan.

The statute of limitations in Michigan for most personal injury accident claims, including trucking accident claims, is three years. This means that if you fail to file a lawsuit in the appropriate civil court within three years from the date of the accident you will likely be forever barred from filing the lawsuit. The SOL for wrongful death arising from a trucking accident is also three years in the State of Michigan. Your lawsuit does not need to be resolved within the three year SOL period but it must be filed to protect your right to compensation.

If you have been injured in a Michigan trucking accident you may be entitled to compensation for your injuries. Contact the experienced Michigan trucking accident attorneys at Slusky and Walt, the American Benefit Experts, by calling 1-800-ABE-HELPS (1-800-223-4357) today to schedule your free consultation.

What Compensation Can I Collect for a Dog Bite in Michigan?

November 4, 2014 by John Walt Leave a Comment

What Is My Car Accident Claim Worth in Michigan?

Injuries sustained in a dog bite can be particularly devastating because of the emotional trauma a dog attack often causes in addition to the actual physical injury. When the victim is a child, the psychological impact of a dog bite is often felt well into adulthood. Whether you yourself are the victim of a dog bite or you are the parent of a victim you may be wondering “ What compensation can I collect for a dog bite in Michigan? ”

Dog bite injuries are a type of personal injury and are, therefore, handled similarly to other personal injury lawsuit such as car accidents or medical malpractice claims. Unlike other types of personal injury cases, however, Michigan does not require a victim to prove negligence on the part of the dog owner. Instead, Michigan has a strict liability dog bite law that holds an owner responsible for injuries caused by a dog regardless of whether the owner attempted to prevent harm or not. Michigan’s dog bite law reads, in pertinent part, as follows:

“If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

As the victim of a dog attack you may be entitled to both economic and non-economic damages. Economic damages are out of pocket expenses such as the cost of medical treatment, rehabilitation expenses, and lost income. Dog bites can cause significant injuries. If the bite broke the skin there is frequently a very real risk of serious infection along with the damage done by the bite itself. All of the costs associated with treating the bite are compensable.

Non-economic damages cover the emotional trauma caused by the attack and are, therefore, subjective in nature. Unlike other types of personal injuries, the non-economic portion of a dog bite settlement or award is often substantial, particularly if the victim is a child. Any accident can cause emotional trauma; however, dog attacks can psychologically scar a victim for life. Years of counseling may be required before the victim can begin to heal the emotional wound caused by the attack.

If you are the victim of a Michigan dog bite, or are the parent of a victim, consult with an experienced Michigan dog bite attorney immediately to ensure that you are fully and fairly compensated for all your injuries.

What are Survivors Entitled to in a Michigan Wrongful Death Lawsuit?

October 28, 2014 by John Walt Leave a Comment

What are Survivors Entitled to in a Michigan Wrongful Death Lawsuit?

The loss of a family member or loved one is a devastating time for anyone. Along with the emotional grief cause by the loss you may also be dealing with financial hardship as a surviving family member. Clearly, no amount of money can truly compensate you for the loss of a loved one; however, if the wrongful conduct of another person or entity caused, or contributed to, the loss of your loved one the law does allow you to recover monetary damages that may ease the financial burden caused by the loss of the decedent.

 

In the State of Michigan, wrongful death is defined as an intentional or unintentional wrongful act or omission that causes an injury that results in the death of a legally living person (unborn fetuses do not apply).  Only certain survivors may be legally entitled to pursue compensation is a wrongful death lawsuit, including:

 

  • spouses (even separated or divorced spouses as long as no default of orders is present)
  • children
  • parents
  • grandparents
  • siblings – including children of both the deceased and the surviving spouse
  • anyone who may have been written into a Last Will and Testament

 

Only be one wrongful death may be filed against an at-fault, or negligent, party. In Michigan, the representative of the decedent’s estate officially files a wrongful death lawsuit with the survivors joining in if they believe they are entitled to compensation.

 

Damages that may be recovered in a wrongful death lawsuit come in two forms – compensatory and punitive. Compensatory damages are intended to compensate a survivor for actual losses whereas punitive damages are intended to punish a defendant. As such, Michigan rarely allows recovery of punitive damages. Compensatory damages may include things such as:

 

  • loss of wages and income from the decedent, including potential earnings
  • pain and suffering of the deceased prior to death, and that of the survivors
  • damaged property costs
  • intangible benefits such as companionship and guidance of the deceased, such as with children
  • hospital, medical, funeral, and burial expenses

 

When discussing income loss, standard actuarial tables are useful in determining amounts based on age, gender, and life expectancy. The salary of the deceased is multiplied by the number of years he or she could have lived, and then is adjusted for inflation. Other factors such as health status, and the kind of work the decedent performed are also considered. Additionally, there are set amounts defined by the state that are designated to a decedent who was a homemaker, as they usually do not receive a paycheck. The insurance companies tend to divvy up the tasks of the homemaker and assess the monetary amount it would take to hire someone else to do these tasks.

 

If you believe you are the survivor of a wrongful death it is imperative that you consult with a Michigan wrongful death attorney as soon as possible. Although you may not wish to think about legal action during his difficult time in your life, the law only allows you a specific period of time within which to pursue compensation. If your loved one supported you while he or she was alive it is safe to assume that your loved one would want you to have any compensation to which you are entitled as a result of his or her wrongful death. Contact an experienced Michigan wrongful death attorney as soon as possible to discuss your legal options.

What Is a Medical Error?

October 21, 2014 by John Walt Leave a Comment

What Is a Medical Error?

Are you the victim of a medical error? Instead of making a medical problem better, did a medical professional make it worse or create a secondary problem? In short, if you are experiencing adverse effects from the care received, a medical error may have occurred. It is natural to wonder what happened, why it happened, and what can be done about it; however, doctors rarely admit they made a mistake. A qualified medical malpractice attorney will be able to evaluate the facts and circumstances surrounding the potential medical error and inform you whether you have a case or not. In the meantime, some basic information about medical errors may be helpful.

According to a 2002 Agency for Healthcare Research and Quality report, medical errors affect one in ten patients worldwide, and one in five Americans claim that they or a family member have experienced a medical error to some degree. A medical error, simply put, is a mistake made in the treatment or care of a patient by a healthcare professional. Medical errors may include – but are not limited to — delayed diagnosis or misdiagnosis, incorrect administration of medication, surgery on an incorrect site or surgical instruments left behind, incorrect blood type error, or poor record-keeping that results in incorrect care. Other situations may include subpar care, or unnecessary procedures. Of course, there are many reason given why events like these occur, including human error and system breakdowns, and not all medical errors result in medical malpractice.

More often than most people realize, however, a medical error does rise to the level of medical malpractice. Healthcare professionals are not expected to be perfect. Instead, they are held to a standard of care that requires them to provide the same care that anther healthcare professional in the same situation would provide. In other words, doctors are compared to other doctors when determining if negligence has occurred. Because of the complex nature of medical malpractice lawsuits, only an experienced medical malpractice attorney can evaluate the specifics of your case and determine if you have the basis for a lawsuit.

 

It is important to note that there are statute of limitations that could bar your from pursuing a lawsuit if you wait too long. In Michigan, the professional malpractice statute of limitations is two years. According to the law, actions must be filed within that two-year period, or within six months of discovery to a maximum of six years following the date of the act or omission that brought about the injury. And if the adverse affects were not immediately recognizable, the “discovery rule” allows a suit to be filed within a timeframe after the injury is discovered. Furthermore, if the child was a minor, there are yet more laws in place to protect their right to suit.

 

If you need additional information, or have specific questions or concerns, contact an experienced Michigan malpractice attorney as soon as possible.

 

What Is the Definition of Wrongful Death?

October 14, 2014 by John Walt Leave a Comment

What Is the Definition of Wrongful Death?

Have you recently lost a loved one and believe that the loss was caused by the acts or omissions of a third party? In other words, do you believe your loved one’s death was a wrongful death? While this time is undoubtedly heartbreaking, it is helpful to know that the costs of the death, as well as the loss of income and relationship from that person may be recovered through a wrongful death lawsuit. Therefore, knowing your rights is imperative.

 

Wrongful death in Michigan is defined as an intentional or unintentional act that causes an injury that results in the death of a legally living person (unborn fetuses do not apply). Another way to understand the definition is if the deceased person could have had a personal injury case as a result of the action had they lived, but instead it ended in death, this is wrongful death.

 

Wrongful acts may include, but are not limited to:

 

  • negligence (like careless driving)
  • intentional acts like assault and/or battery
  • a death associated with another crime
  • vehicular manslaughter
  • manslaughter
  • murder

 

Michigan law requires the personal representative of the decedent’s estate to actually file the wrongful death lawsuit. This may be the executor of the decedent’s Last Will and Testament or someone appointed by the probate court to serve as personal representative if the decedent died intestate.  Accordingly, there can only be one wrongful death suit against the defendant, so it is important that all who are looking to recover damages be part of the suit. This ensures that all parties are included and are awarded fairly. Of those who are able to seek compensation are spouses (even separated or divorced spouses as long as no default of orders is present), parents, grandparents, siblings, children – including children of both the deceased and the surviving spouse, and anyone who may have been written into a will.

 

Once these beneficiaries are named, they have 60 days to notify the estate of their request for damages as a result of the death. Additionally, statutes in Michigan indicate that a wrongful death claim must be filed within three years of the date of death.

There are a couple of situations where certain people or entities cannot be held liable. Family immunity states that an individual cannot be sued by his or her family members. Sovereign Immunity refers to government entities, and means that they cannot be sued for liability. Determining if sovereign immunity applies is extremely complicated, therefore, it is extremely important to work with your attorney to clarify your circumstances.

Damages to be recovered come in two forms – compensatory and punitive. Because these types of cases are civil cases, they focus on monetary recovery. Michigan rarely allows recovery of punitive damages though as they are awarded to punish the defendant, not compensate the victims. The compensatory damages that may be recovered include:

 

  • loss of wages and income, including potential earnings
  • pain and suffering of the deceased prior to death, and that of the survivors
  • damaged property costs
  • intangible benefits such as companionship and guidance of the deceased, such as with children
  • hospital, medical, funeral, and burial expenses

 

When discussing income loss, standard actuarial tables are useful in determining amounts based on age, gender, and life expectancy. There are also set amounts defined by the state that are designated to a decedent who was a homemaker, as they usually do not receive a paycheck.

 

If you need additional information, or have specific questions or concerns, contact a Michigan personal injury attorney as soon as possible.

 

What If My Dog Bites a Trespasser – Am I Still Responsible?

October 9, 2014 by John Walt Leave a Comment

What If My Dog Bites a Trespasser – Am I Still Responsible?

Dog bites can leave the victim with serious, even life-threatening, injuries. Even a relatively minor bite can often become infected and put the victim at serious risk for permanent injury. If you are a dog owner, it is important to know what the Michigan laws are regarding your liability should your dog attack someone on your property or in a public place. Failing to know or understand the law is not a defense should your dog injure someone. One question dog owners often ask is “ What if my dog bites a trespasser – am I still responsible? ”

The State of Michigan is one of many states that have a “strict liability” dog bite law. For an injured party in any type of personal injury accident to be entitled to compensation the law must first provide a basis for that compensation. Typically, the law requires the injured party to prove that the defendant’s negligence was the cause of (or a contributing factor) the accident. Negligence requires the plaintiff to show that the defendant owed a duty of care to the plaintiff and that the duty of care was breached, resulting in injury. Intentional conduct can also be the basis of a personal injury lawsuit. When strict liability is used it basically means that the plaintiff (the injured party) is not required to prove anything other than the fact that the defendant’s conduct injured the plaintiff. The defendant’s state of mind is irrelevant as are any steps taken by the defendant to try and prevent the harm.

Mich. Comp. Laws Ann., sec. 287.351 states:

Sec. 1. (1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.

Note that the statute specified “lawfully on private property”. A trespasser, by definition, is not on your property lawfully. Therefore, you are not held to a strict liability standard with regard to injuries sustained by a trespasser as a result of a dog bite. This does not necessarily mean you are completely out of the woods as far as liability goes.  Some courts will still find a dog owner liable if the owner failed to take even the most basic precautions to prevent harm to anyone who enters the property.

If you have been injured in a dog bite attack, or you are the owner of a dog who caused injuries, consult with an experienced Michigan dog bite attorney immediately.

What Are Common Causes of Trucking Accidents?

October 2, 2014 by John Walt Leave a Comment

What Are Common Causes of Trucking Accidents?

Being involved in any type of motor vehicle collision can result in significant injuries to you and your vehicle; however, if the other vehicle is a large truck the odds of being seriously injured increase exponentially. Moreover, tractor-trailers are disproportionately involved in collisions each year, further increasing the risk of serious injury if you are involved in a crash. While many semi-truck drivers operate their vehicle responsibly and obey all of the rules of the road, some do not. As a result, there are some common causes of trucking accidents that you should be aware of should you find yourself involved in one.

 

  • Fatigued driving – although the federal government limits the number of hours a truck driver can drive between rest periods, many drivers ignore the “Hours of Service” rules and push on despite being fatigued or drowsy.
  • Speed – speed is a factor in approximately one in three motor vehicle accidents every year. Truck drivers may not drive over the posted speed limit but they frequently drive too fast for traffic or road conditions, creating a dangerous situation for other motorists on the roadway.
  • Impaired driving – truckers sometimes use both illegal and legal drugs to try and combat fatigue while driving. Even prescription or over-the-counter medications can impair a trucker’s ability to safely operate an 18 wheeler.
  • Distracted driving – federal law prohibits texting while driving a commercial vehicle; however, not all drivers obey the law. In addition, other electronic devices such as cell phones, navigation devices, and even televisions can distract a truck driver while driving.
  • Aggressive driving – a fully loaded tractor-trailer can weigh 80,000 pounds, making it a deadly weapon if the driver operates the vehicle in an aggressive manner. Weaving in and out of traffic, driving too fast for conditions, or failing to yield can cause a fatal accident if the driver is operating an 80,000 pound vehicle.
  • Vehicle or equipment malfunction or defect – truck drivers are required by law to inspect their vehicle on a regular basis for safety issues; however, these inspections are often rushed or ignored altogether in an effort to get on the road quickly.

 

If you have been involved in a Michigan trucking accident you could be entitled to compensation for your injuries and suffering. Contact an experienced Michigan trucking accident attorney right away to discuss your legal options.

Are Trucking Accident Cases Different than other Motor Vehicle Accident Cases?

September 23, 2014 by John Walt Leave a Comment

Are Trucking Accident Cases Different than other Motor Vehicle Accident Cases?

If you were injured in a trucking accident chances are good that you suffered serious injuries. If the truck driver caused, or contributed to, the collision you may be entitled to compensation for those injuries. Litigating a trucking accident case is fundamentally the same as any other motor vehicle accident; however, there are some important differences that do make trucking accident cases different than other motor vehicle accident cases.

The extent and severity of the injuries involved is one distinguishing feature of trucking accidents. While injuries from a passenger vehicle crash can also be severe, a victim stands a much better chance of being seriously, even fatally, injured when a tractor-trailer is involved in a collision. When injuries are severe or fatal, it typically takes longer to settle a motor vehicle accident case.

The most important difference though in a trucking accident case is that there are frequently multiple defendants involved. If a truck collides with your vehicle, you may end up including a variety of parties as defendants in the lawsuit, including, but not limited to:

  • Truck driver
  • Trucking company
  • Owner of the cargo
  • Manufacturer of the tractor-trailer
  • Maintenance company/provider

Litigating a case where multiple defendants are involved is much more complicated than a case with just one defendant. First, it must be determined that someone was negligent. To be entitled to any compensation, you will have to prove that someone other than you was over 50 percent at fault in the collision. If multiple defendants are involved, it must then be determined which of the defendants share in that negligence and to what extent. For example, let’s assume that the truck is determined to be 100 percent at fault in an accident wherein you stopped suddenly and the truck rear-ended you because it was following too close. It turns out, however, that proper maintenance was not performed on the truck, causing the brakes not to operate properly. That, in turn, made the accident worse than it should have been. Therefore, the trucking company might share some blame for not making sure the maintenance was performed properly. The maintenance provider might also share some blame for shoddy workmanship. Of course, the truck driver is also at fault for following too closely. Those three parties will eventually be responsible for 100 percent of you injuries; however, dividing up the fault can be an arduous process that will likely require the assistance of an accident reconstruction expert – another common difference in trucking accidents.

Ultimately, a trucking accident case will be resolved in the same way as any motor vehicle accident case – by out of court settlement or trial. Trucking accident cases are just more complex and often take more time to reach a resolution.

If you have been injured in a trucking accident, or have lost a loved one in one, contact an experienced Michigan trucking accident attorney as soon as possible to determine if you are entitled to compensation for your injuries or your loss.

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Slusky & Walt, P.C.

Attorneys at Law
248-559-9100

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