IF YOU’VE BEEN involved in an accident you should absolutely consider hiring a personal injury attorney; naturally, many victims can feel intimidated or nervous about visiting a lawyer’s office for the first time.

However, there is no need to worry. Your attorney is your strongest advocate and best chance at recovering compensation due to your injuries.

Expect the Meeting to be Fairly Short

Your case is important and it’s important to your lawyer, too. Most initial consultations last about one hour. While that may not seem like enough time, an experienced lawyer knows what questions to ask to make that hour efficient and productive.

Expect Questions – Lots of Questions

In your consultation meeting, your attorney will ask you a number of questions; basic “who-, what-, when-type” questions. Specifically, in a personal injury case, a lawyer will also want to know the details of the accident. Other pertinent information needed includes some specifics about your insurance policy, injuries, and financial losses. Not to be forgotten is one of the biggest impacts of an accident: how the injury affected you emotionally. Takeaway: expect questions about your physical, mental, and financial health.

While it may seem unsettling giving personal information to a person you’ve just met, set aside any worry. First, Michigan ethic rules require all attorneys – even those you may not ultimately engage — to maintain the “attorney-client” privilege. The attorney-client privilege, with very specific exceptions, prevents members of the Michigan State Bar from discussing your case or its details with anybody. Takeaway: don’t hold back because the specifics matter; a licensed attorney will keep everything confidential.

Most importantly, your potential attorney will be unable to properly evaluate your case unless you provide a true and complete story. Holding back information, or changing a fact that seems minor, might cause your attorney to provide bad information. A good attorney will give you an honest evaluation, but no attorney can do this without all the facts.

Expect to Be Asked for Documents and Other Proof

Not only will you be asked many questions, but your attorney will likely request any proof you have or can get access to (see list of examples below). Before calling for an attorney consultation, or visiting the office, make sure you have these items at the ready.

Examples Some things that lawyers often ask for include:

• Communications from insurance companies
• A list of witnesses
• Messages from witnesses
• Pictures of the accident scene
• Pictures showing injuries to you or others
• Pictures showing property damage
• Medical records
• Medical bills
• Police reports
• Records of missed work
• Records of lost wages
• Records of normal wages (e.g. paystubs, W2, receipts)

While not a complete list, it gives you a rough idea of items you’ll need to gather in order to support your claim.

“Loose Lips Sink Ships” (Expect to Be Asked Who You’ve Spoken To)

While the statements you make to your attorney are confidential, things you may have said to others are not. You might have said something about the accident that might hurt your recovery without even knowing it. Your attorney may or may not be able to undo potential damage, but your attorney needs to know what was said and to whom in order to evaluate whether comments made could adversely affect your claim.

Expect an Evaluation and Explanation

Toward the end of your first meeting with a personal injury attorney, the lawyer should be able to tell you the pros and cons of your case. (Note: lawyers cannot, nor should, promise certain outcomes; they can only tell you what they expect, based on past experiences.) The lawyer may offer to take your case on the spot. However, you are under no obligation to agree; you have the right to both visit other attorneys. Takeaway: take time to evaluate the consultation before making a final decision.

Similarly, while some attorneys agree to take cases during a consultation, others may want to take a little time to decide. Note: If the lawyer chooses not to take your case, it is not your fault; there might be many reasons such as conflicts of interest or an inability to devote the time necessary to be the best advocate you deserve. Takeaway: Feel free to visit another office and get another opinion.

Expect to Talk About Money

You can expect the attorney to talk about money, including fees. The attorney should explain – in clear language – how the billing process works. The attorney should explain their hourly rate, charges for items such as investigations, ordering records, or even making copies. Note: Most personal injury attorneys work on a contingent fee basis, which means they receive a portion of any amount you recover after the lawsuit. (However, even in this arrangement, some attorneys still charge clients for certain costs.) Be prepared to ask the attorney specific questions about billing practices.

Be Prepared to Sign Documents

If you decide to engage your attorney after consultation, be prepared to sign documents. Signing a retainer or representation agreement will make the attorney your “official” legal representative in your case. Your lawyer may also ask you to sign releases allowing them to access insurance information, medical records, and other items.

Hopefully, this article has given you some insight answered about what to expect at your consultation visit to a personal injury attorney.

If you have more questions or need to speak to an experienced personal injury attorney, contact the Law Offices of Turner & Turner. Founding member Buzz Turner has more than 30 years of experience as an advocate for clients injured in vehicle-associated accidents, medical malpractice, and other personal injury claims.

Call Turner Law today for your free consultation at (248) 248-355-1727, email Turner Law or visit the Firm’s website.

Our office recommends if you are a victim of an auto accident, or other personal injuries as a result of someone’s negligence, call as soon as you’re able; your rights can be affected. There are many things your attorney will undertake to ensure your right to compensation and recovery remains safeguarded.

Insurance companies immediately work to reduce what they owe. We know from experience that insurers immediately preserve evidence, take statements, and research victims and witnesses.

Often, insurance representatives, referred to as adjusters, will fight the insurance company’s liability by saying the victim has some culpability. This ploy is to assert the victim owns some portion of fault, thus reducing what is owed, or; insurance companies often argue the injury was actually the result of a pre-existing condition.

Having a personal injury lawyer will even the playing field and help maximize the value of an injury claim. Sometimes a victim cannot get to their doctor right away, or may not know which doctor to see. Indecision may cause a time gap between the crash and medical care. This is important to avoid: Any gap between a crash and medical care is an excuse for the insurance company to not pay what they rightfully owe.

Personal Injury attorneys and their staff spend much of their time talking with doctors and medical providers about the care received by clients. A committed attorney will go the extra mile to make themselves available to you via phone or email. For Turner and Turner, this is the beginning of the process. We offer a free case evaluation to all new clients.

Our attorneys will answer your questions and respond to your concerns promptly, and make understanding the legal process quick and easy for those unfamiliar with the process. A great attorney brings their attitude of commitment to your relationship with them right into the courtroom. We are professionals who work with you to fight for the best results possible.

If you have been the victim of an accident, whether auto, motorcycle or other motorized vehicles, don’t let your rights slip away because of indecision or an inability to navigate the thicket of insurance regulations.

Call Turner and Turner at (248) 355-1727 for a free case evaluation and consultation to preserve your rights to fair and timely compensation.

As parents, we have two tasks:  to enable our teens to be competent drivers and to ensure their safety, the safety of their passengers and the safety of other drivers they encounter.

The three leading causes of accidents involving teenage drivers are:

• Inexperience
• Teen passengers in the vehicle
• Nighttime driving

In Michigan, the graduated licensing system restricts passengers and nighttime driving for a time and requires a certain number of hours of driving to be logged.

The only cure for inexperienced driving is…experience!  Allow your teen ample opportunities to drive, supervised by you or another trusted adult.  When you are running errands, ask your teen to drive you.  Take a road trip with your teen, making them enter and exit the highway.  Be sure your teen drives at night, at dusk and at sunset.  Take them to drive when it’s raining and snowing in places that are safe for them to experience the difference in the way that cars function under these conditions.   It may not be relaxing, but they really need the experience.

Did Santa bring an extra surprise this season?  Are you carrying a bundle of joy?

Even if it’s too early to tell family and friends about your pregnancy, it’s not too early to take care of yourself.  A key part of taking care of yourself and your new little one is making sure that any medications you take during your pregnancy (prescription or over the counter) are safe and not TERATROGENIC.

TERATROGENIC means that the substance can go past the placenta and enter into your developing baby.

It is best to see your obstetrician right away and to get clear advice as to which medications are considered safe and which contain a risk.

The following are just some of the drugs that are known to cause birth defects:

• Antibiotics:  While penicillins, cephalosporins and erythormycin are considered relatively safe, tetracyclines, sulfa drugs, ciprofloxacin, and other antibiotics can cause birth defects when taken by a pregnant woman.

• Benzodiazepines: Tranquilizers, sleeping pills, and anti-anxiety drugs can cause problems in newborns including breathing, temperature regulation, and muscle problems.
• Accutane and related dermatological drugs: Accutane poses an extremely serious risk of birth defects or death. This drug should never be used by a pregnant woman under any circumstances. Soriatane is also a dermatological drug that is extremely harmful to a developing fetus, and should not be used by any woman for three years prior to conception.
• NSAIDS: Aspirin and other drugs in the same family (salicylates) can cause birth complications and birth defects when used late in pregnancy.
• Antidepressants.
  • Paxil: In 2005, the FDA warned that Paxil can double the risk of heart birth defects when used during the first trimester of pregnancy.
  • Prozac: In 2006, a major study found that Prozac also doubled the risk of delivering a child with the birth defect PPHN (Primary Pulmonary Hypertension).
  • SSRI’s (selective serotonin reuptake inhibitors) are capable of harming the fetus, particularly when taken in the 1^st trimester.  Symptoms of this harm have included irritability, agitation, nasal congestion, diarrhea and some tumors.

It is the duty of the health care professional to weigh the risks of untreated depression on the part of the mother against the dangers of the prescribed medication.

• Anti-cancer drugs: Teratogens such as aminopterin, Bulsulfan, Chlorambucil, Cyclophosphamide, Mercaptopurine, and Methotrexate can cause serious birth defects including cleft palate, underdevelopment, other physical defects and mental retardation.
• Anti-seizure medications: Anticonvulsants such as Toprimate and Valproate, as well as phenytoin, calproic acid and trimethadione.  These can cause serious birth defects including spina bifida, organ deformities, cleft palate, microcephaly and facial defects.  Pregnant mothers with epilepsy need specialized care, and may require a change in medication for the duration of the pregnancy.
• Blood-thinning drugs, like Warfarin can cause mental retardation as well as vision problems in babies.
• Certain thyroid medications
• Sex hormones (androgens, estrogens and DES) have caused damage to sexual organs.
• Blood pressure drugs.  Drugs called angiotensin-converting enzyme (ACE inhibitors) have been documented to cause problems in pregnancy.  ACE inhibitors can stunt the fetus’ growth and cause kidney problems and even death.
• Asthma medications
• Live Vaccines
• Lithium
• Thalidomide

If you are concerned that you may have been prescribed a medication that is unsafe to take during your pregnancy, feel free to contact our office for a free consultation.  We are happy to help you make such a determination.

Candles are very pretty to look at but they are a major cause of home fires – and home fire deaths.  A candle is an open flame, which means that it can easily ignite anything that can burn.

Did you know that the top five days for home candle fires are:  Christmas Eve, Christmas Day, New Year’s Eve, New Year’s Day and Halloween?  Since we are half way through these festive days, we wanted to share some tips for the safest ways to use candles during your holiday celebrations.

When using candles, make sure that you:

• Use sturdy candle holders that won’t tip over easily.
• Put candle holders on a sturdy, uncluttered surface.
• Keep candles far away from anything that can burn.
• Light candles carefully.  Keep your hair and any loose clothing away from the flame.
• Don’t burn a candle all the way down – put it out before it gets too close to the holder or container.
• Never light a candle if oxygen is used in the home.
• Blow out all candles when you leave the room or go to bed.  Avoid the use of candles in the bedroom and other areas where people may fall asleep.
• Have flashlights and battery-powered lighting ready to use during a power outage.  Never use candles.
• Never leave a child alone in a room with a burning candle.  Keep matches and lighters up high and out of children’s reach, in a locked cabinet.

Facts to be aware of:

• On average, a candle fire in the home is reported to a U.S. fire department every 34 minutes.
• 38% of home candle fires start in the bedroom.
• More than half of all candle fires start when things that can burn are too close to the candle.

Make a resolution to get through the holidays drinking LESS.  (Obviously, if you are problem drinker, you need to get through the holidays completely alcohol-free.)

Easier said than done?  Not true!  Consider these suggestions.  

1. Sit next to the sober people!  Just as you can lose weight if you eat what the skinny people do, you will drink less if you are hanging out with the non-drinking party-goers.  This does not limit you to pregnant women and the kids; plenty of people don’t drink or are even the designated driver for the evening.  And they are looking for you, the person who isn’t drinking!
2. Volunteer to be the designated driver.  When you are the designated driver (and you announce it loudly at the beginning of the party), there is no social pressure to drink and you have the responsibility to be completely sober.  When you know you are driving family and friends home and their safety depends on your behavior, that tempting drink seems pretty unimportant.
3.  Limit your alcohol to just the mealtime.  Enjoy your glass or wine, beer or cocktail, but limit it to while you are sitting at the table.
4. Host the party so that you can control the amount and what type of alcohol is served.  If scotch is your weakness, you, the host, can decide not to buy the scotch!
5. Visualize the behavior you desire.  John McGrail, Ph.D., author of The Synthesis Effect, says, “Imagine yourself not going beyond your appropriate limit and walking out of the event feeling great, with a big smile on your face.  Having pictured the desired behavior, your inner computer will choose that reality, making it much easier to drink less or not at all.”
6. Involve your partner in your decision to cut back drinking.
7. If you are attending a traditionally drinking-heavy event, limit your time there or limit how much you will drink before you leave.  Then, immediately leave when you have hit either your time limit or your drink limit.
8. Be aware of mood fluctuation.  Avoid being tempted by drink when facing depression or anxiety.
9. Keep water or a non-alcoholic drink with you all night.  Sip this drink regularly, slowing down your intake of alcohol.

And, of course, if despite all precaustions, you are in an accident caused by weather, another driver or yourself, feel free to give us a call.  Advice is free and we’d love to help.

While the vast majority of surgical procedures are successful in avoiding complications, as with any major medical procedure, sometimes the surgeon makes a mistake.  Sometimes the nurses make a mistake.  Sometimes the hospital’s protocols are not followed, or followed incorrectly.

Just a couple of weeks ago, a report was published that detailed the unsettling number of “devices” – surgical sponges, towels, catheters, needles, retractors and other items used by the surgeon during surgery – that were inadvertently left, or “retained,” in patients’ bodies after surgery.

Foreign objects left inside your body after surgery are seriously problematic – they can cause illness, infection, and even death.  Surviving patients may suffer from “both physical and emotional harm, depending on the type of device retained and the length of time it is retained,” according to the report.  95% of the patients studied in the report required additional care and/or an extended hospital stay, and approximately 2% of the patients died from complications relating to the retained objects.

The Joint Commission, in its report, told the story from a 2012 New York Times article, about a woman from Kentucky who had undergone a hysterectomy and four years later, began to complain of severe abdominal pain.  A CT scan revealed that a surgical sponge had been left in the woman’s body.  “Upon surgical exploration, the retained sponge was found to have caused a serious infection, which required bowel resection.  The patient suffered from severe health issues, anxiety, depression, disability and social isolation.”

It is medical malpractice for a surgeon to leave an object inside a patient during surgery.  If something like this has happened to you, or you think that it might have happened to you (or to a loved one), it is always worth a call to a competent attorney who is experienced in litigating medical malpractice cases.

Turner & Turner are experts in litigating medical malpractice cases and one of our legal team would be delighted to speak with you at any time.

One category of injury from falls among the elderly that you might not be aware of is that of traumatic brain injury (TBI).  TBI is, in fact, a very serious health concern for seniors.  According to SeniorJournal.com, approximately 22% of all TBI-related hospitalizations involve adults aged 75 years and older, and males are more often diagnosed with TBI than are females (59%).

Ileana Arias, director of the National Center for Injury Prevention and Control at the Centers for Disease Control, was quoted in the web article as saying that “falls are the leading causes of TBI.”  She went on to describe a Traumatic Brain Injury as being “caused by a bump, blow or jolt to the head that affects how the brain normally works.”

“Adults ages 75 and older have the highest rates of TBI-related hospitalizations and death, tend to recover more slowly or die more often from these injuries than do younger people,” says Dr. Arias.

As opposed to a broken bone, the symptoms of a TBI can be subtle, and, therefore, missed for days or even weeks.  TBI symptoms such as confusion, speaking or thinking slowly or becoming lost are also symptoms associated with aging and dementia, and therefore not as easily identified as a problem in an elderly person.  It is essential to have a senior evaluated for TBI by a healthcare professional if they have sustained a fall or an injury relating to a fall.

Of course, preventing the fall to begin with is the best way to prevent TBI.  Here are some of Dr. Arias’ recommendations to help prevent falls in the first place:

Exercise is important as it improves balance and coordination, preventing the likelihood of a fall.

1. Make home and surroundings safer by making modifications such as placing frequently used items within reach, installing grab bars next to the toilet and in the shower/tub.
2. Ask the senior’s health care provider to review all medications – both prescription and over-the-counter, as the way some medicines can work in the body can change as a person ages.
3. Have vision checked regularly.  Poor vision can lead to falls.

Also, as the winter months begin to draw near, please make sure to clear snow and ice from the walkways and driveways of seniors’ homes.

Costume Safety

• Attach reflective tape or stickers to your child’s costume and treat bucket or bag.  In the dark, the little ones in dark costumes can be difficult for drivers to see, and the reflective tape will help with visibility.
• Avoid masks as they can limit visibility for the little ones, causing them to trip.  Consider face make-up instead.  Ditto for long, dragging costumes or dresses.  Walking up and down the front steps of people’s homes, sometimes with lit candles inside pumpkins, can make these costumes hazardous.
• Look for labels on costumes, wigs and other accessories that indicate that they are flame resistant.
• If a sword, cane or stick is part of your trick-or-treater’s costume, make sure it is not too long or sharp.    A child may be hurt by these items if s/he stumbles or trips.
• Do not use decorative contact lenses without an examination and prescription from an eye care professional.

While Walking…

• Children 12 years old and under who are trick-or-treating should always be accompanied by an adult.
• Older children and teens who are trick-or-treating without adult supervision should walk in groups, stay in familiar, well-lit areas, carry cell phones for communication with parents and agree on a time to return home by.
• Both children and adults should carry flashlights to help light the way in the dark.
• Only go to homes with porch lights that are on and never go into a home to get a treat.
• Stay on sidewalks, avoid roadways.  Only cross the street in groups, at approved crosswalks.  And remember to look both ways as you cross the street.
• Carry a cell phone for easy communication and in case of emergencies.
• Contact law enforcement (kids should also know how to dial 9-1-1) if any suspicious or unlawful activity occurs.

How to Keep Your Home Safe for Trick-or-Treaters

• Remove any hazards from your front yard that someone might trip over, including garden hoses, rakes, lawn ornaments and the like.
• Wet leaves or snow should be removed from walkways.
• Keep your front yard well-lit by replacing burned-out bulbs.
• Light your jack-o-lantern with a flashlight instead of a candle.

Enjoying the Goodies!

• Eat a healthy dinner before going out trick-or-treating.  A full tummy will make it less tempting to sample the goodies along the way!
• Have your children wait until they get home to sample their treats.  An adult should check through all of the treats and discard anything that is unwrapped, spoiled or otherwise suspicious.
• Try to ration goodies for the days and weeks following Halloween to avoid upset stomachs.

Sources inclue:  The American Academy of Pediatrics, Michigan State University Extension

If you live in a home built before 1978, lead-based paint was probably used in your home.   24 million homes in the United States have peeling or chipping lead-based paint or high levels of lead in the dust.  According to experts, there is no known safe level of lead exposure for children.

Lead is a toxic metal used in a variety of products and materials.  When lead is absorbed into the body, it can cause damage to the central nervous system and vital organs like the brain, kidneys, nerves and blood cells.  While lead can harm children without showing obvious symptoms, some symptoms of lead poisoning include headaches, stomachaches, nausea, tiredness and irritability.

Children can become poisoned by lead when they put their hands or other lead-contaminated objects into their mouths, by eating paint chips found in homes with peeling or flaking lead-based paint, and from playing in lead contaminated soil.

According to the U.S. Department of Housing and Urban Development, you should have your home and surrounding soil checked for lead hazards by a lead professional.  Children under six years of age should have their blood lead level tested if they may have been exposed to lead.  Reasons to suspect a possible exposure to lead include:

They live in or regularly visit a house built before 1950

They live in or regularly visit a house built before 1978 with peeling paint or ongoing or recent renovations or remodeling.

They have a sibling or playmate who has or did have lead poisoning.

Ask your health care provider or local health department if your child should be tested for lead!