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Civil Law

CIVIL LAW

Our mission at Arnold E. Reed & Associates, P.C. is simple – No matter how big or small, we zealously advocate for every case we accept.  We firmly believe that aggressive advocacy is the key to getting our clients the compensation they deserve.  With the close and creative collaborations we form with our clients, we are able to achieve more efficient and effective outcomes.  It is this collaboration that sets us apart as one of the nation’s top trial firms.  We pledge to continue standing by our clients as a line of cliffs, against a tempestuous tide, never flinching, never wavering, but always being lawyers on the side of People.

BURN INJURIES

burnBurn injuries can cause long-term damage not only physically, but emotionally.  The scars left behind from burn injuries may pale in comparison to the mental, emotional, and psychological injury suffered, especially when such an injury involves a young child.

There are four common types of burn injuries:

  1. First Degree–superficial injury, affecting only outer portions of the skin
  2. Second Degree–commonly described as partial thickness, occurs when the injury penetrates to the underlying layer of the skin
  3. Third Degree–injury typically extends to every layer of the skin
  4. Fourth Degree–involves injury to deeper tissue, and often times can reach muscles, tendons and/or bones

There are several common ways to treat burns:

  • Major burns may require prolonged treatment at a burn center;
  • Cooling with water may relive pain and damage;
  • Partial thickness burns may require cleaning, soap and water, and dressing;
  • Surgical treatment is recommended for full thickness burns, and the waste case scenario, skin grafting

Statistically, about 11 million people seek medical treatment, and 300,000 die from burns annually.  In the United States, roughly 90% of burn victims survive their injuries.

Know Your Rights!

It is important to know your rights if you, or a family member, have been a victim of a burn injury, GET HELP NOW. Submit a free consultation form. One of our trained and experienced attorneys are standing by to answer any questions you may have or simply call our office 1-248-855-6330.

Discrimination

discriminationRACE/COLOR DISCRIMINATION:  Title VII makes it illegal to treat an applicant or an employee differently because of their race, or characteristics associated with race.  For example, skin color, hair texture, facial features or other factors involving a person’s race and/or color.  The law forbids this type of discrimination, as well as all types of discrimination in employment decisions including: hiring/firing pay, job assignments, promotions, fringe benefits, and any other term or condition of employment.  The same concept applies to discrimination under Title VII based upon religion and sex.

EQUAL PAY/COMPENSATION DISCRIMINATION:  Title VII makes it illegal to discriminate based on sex in regards to paying benefits. Thus, if an individual has an Equal Pay Act Claim, he or she may also have a Title VII claim.  It is important to note that, in this context, the jobs do not need to be identical, but they must be substantially equal.  All forms of pay are covered by Title VII including, but not limited to, salary, over-time pay, stock options, profit sharing, life insurance, vacation and holiday pay.

AGE:  Age discrimination involves treating someone, usually a job applicant or employee, less favorably because of his or her age.  The Age Discrimination and Employment Act (ADA) forbids discrimination against people who are 40 or older.  There is no protection for workers under the age of 40.  It is not illegal for an employer or other covered entity to show favorable treatment to an older worker over a younger one, even if both workers are 40 or older.

AGE DISCRIMINATION AND HARASSMENT:  It is unlawful to harass a person because of his or her age.  Harassment can include offensive remarks, touching, and other types of derogatory behavior, or comments related to age. When this type of behavior happens repeatedly, it can create a hostile or offensive work environment. Moreover, when such behavior results in an adverse employment decision, such as being fired, demoted, or causes a person to quit due to psychological and emotional damage this is commonly referred to as constructive discharge of employment.

NATIONAL ORIGIN DISCRIMINATION: National origin discrimination means treating applicants or employees who are similarly situated differently because they are from a particular country or another part of the world, or because of their ethnicity, accent or any other difference that can be tied to national origin.  It is important to note that this can also involve treating similarly situated people differently or unfavorably because they are married or associated with a person of a certain national origin, or because of their connection to a specific ethnic group.  When this conduct becomes so pervasive or severe that it creates a hostile or offensive work environment, or results in an adverse employment action, such discrimination is actionable under the law.

FILING A CHARGE OF DISCRIMINATION: If you believe you have been a victim of discrimination under Title VII because of your race, religion, sex, national origin, marital status, pregnancy, disability or genetic information, you may file a charge with the Equal Employment Opportunity Commission (EEOC).  You must do this before you can file a lawsuit in Federal Court.  If an investigation reveals that there is no violation, then you will be given a Notice of Right to Sue.  This notice gives you permission to file suit in federal court of law.  Consult one of our attorneys for any applicable statute of limitations issues and other legal issues involving this complex area of law.

Know Your Rights!

If you feel that you have been a victim of discrimination under Title VII, GET HELP NOW by clicking on the form below or feel free to call our office 1-248-855-6330, one of our experienced attorneys are standing by to help you.

Motor Vehicle Accidents (CARS, BUSES AND TRUCKS)

accidentIn the United States, over 37,000 people die in road accidents every year, and more than 2.3 million are injured or disabled.  In regard to children, over 1,600 children under the age of 15 die each year, and nearly 8,000 people are killed in crashes involving drivers between ages 16-to-20.  Road crashes have been cited as the single highest cause of death annually for healthy U.S. citizens travelling on our roads.  It is very important to be safe and to know what benefits you may qualify for under Michigan law in the unfortunate event that you, or someone you love, is involved in a motor vehicle accident.

ENTITLEMENTS UNDER MICHIGAN’S NO-FAULT LAWS:

  • First Party Benefits–an insured looks to their own insurance company for payment of medical bills for life, as long as the injuries are directly related to the automobile accident.
  • Three Years of Wage Loss–up to 85% not to exceed a maximum of $5,398.00 a month.  This depends on whether an individual is unable to work as determined by their injuries and medical evidence resulting from an automobile accident.
  • Replacement Services–up to $20.00 a day, which pays for routine household services such as taking out the trash, vacuuming, cooking, and cleaning.  This benefit lasts three years, as long as medical testimony and evidence support such a benefit.
  • Transportation–is covered for individuals that need transportation to and from their medical appointments.  Again, this is a benefit that can be for a lifetime, as long as medical evidence supports the need for transportation.
  • Case Management–is provided for under Michigan No-Fault law.  An injured victim is allowed a 3rd Party Case Manager to setup doctor appointments and coordinate their medical treatment.  All costs for case management is the responsibility of the injured individual(s) insurance company.
  • Attendant Care–is also a benefit payable under Michigan No-Fault law.  In order to qualify for attendant care, medical evidence has to be sufficient to establish reasonable proof that an individual requires in-home care. This can be done by an outside company or family member(s) at an agreed upon amount between the injured victim and their insurance company.
  • Guardian Services–are also payable upon reasonable proof that an individual who is hurt in an automobile accident needs the services of a guardian due to mental or physical incapacity related to an automobile accident.

ORDER OF PRIORITY

Under Michigan No-Fault law, there is an order of priority to determine who is responsible for paying Personal Injury Protection (PIP) Benefits among insurance companies.  That order will determine whether an injured party’s insurance company or the injured party’s resident relatives will be responsible for seeking benefits from their own insurance companies respectively.  Generally, the priority of who pays is as follows:

  • Your own insurance policy but if you do not have insurance, then responsibility will fall on a resident relative living with the injured person at the time of accident.  If there are no resident relatives then, you must look to the owner of the vehicle being occupied.  If this does not apply, you must look to the insurer of the driver of the other vehicle that was occupied.  And finally, if none of the above applies, then you must go through Assigned Claims with the State of Michigan.  This is a random system whereby the state will assign one of the insurance companies to handle your First Party benefits claim.  If this happens, it is important to contact the assigned claims facility in Lansing so that they can provide the paperwork necessary for you to begin the process.  No Fault Insurance law requires an individual to provide reasonable proof of his/her injuries and the need for First Party Benefits.  Usually this is done by contacting the adjuster and sending proof to the adjuster that you were:
  1. Injured in an automobile accident; and
  2. You qualify for First Party Benefits under Michigan No-Fault law.

Once you have done this under Michigan Compiled laws, an insurance company must pay your claim within thirty (30) days, or notify you directly, in writing, of any deficiencies that would justify a delay in payment Failure of an insurance company to timely pay can result in penalties that can be levied against the insurance company.

TRUCK ACCIDENTS in Michigan are very serious and require experienced legal counsel to navigate the different laws involving semi or tractor-trailer accidents.   Sometimes, the company that owns the semi-truck is a separate entity from the one that owns the tractor-trailer.  You must make sure that all parties are adjoined properly in a lawsuit so as to maximize your recovery.

There are various laws that apply to a truck driver that do not apply to an individual operating a motor vehicle.  For example, a tractor semi-trailer driver must have a special license and other certifications as mandated by the Department of Transportation.  A semi-tractor trailer driver has various restrictions on the time and amount of hours he or she may operate their semi-truck.  Those hours must be detailed and kept in a log book available for inspection by the appropriate parties in the event of an accident.  In addition, there are weight and load limits placed upon semi-trucks operating on hour highways in the United States.

Know Your Rights!

To protect your legal rights, you need to hire an experienced lawyer who can navigate the technicalities and issues that arise when a semi-truck or commercial vehicle is involved in an accident. If you or a loved one has been injured in a trucking accident, GET HELP NOW. Submit a free consultation form or call our office at 1-248-855-6330.

Dog Bites

dogbiteVictims of dog bite injuries may suffer serious physical trauma. In many instances following a vicious attack, when the physical injuries heal, what remains are severe mental, emotional, and psychological damages that may persist for years and years.  Here are some important statistics concerning dog bites:

  1. Dog Bite Fatalities: According to dog bite.org, from 2005 through 2015, K9s killed 360 Americans. Pitbulls contributed to 54% (232) of these deaths. Pitbulls and Rottweilers, combined, contributed to 76% of the total recorded dog bite deaths
  2. Together Pitbulls (28) and Rottweilers, (3) the second most lethal dog breed, accounted for 91% of the recorded deaths in 2015 alone
  3. These statistics have broken down further. From 2005-to-2015, a Pitbull killed one citizen every 17 days, compared with Rottweilers, which killed 1 citizens every 98 days
  4. Data from 2015 shows that 41% (14) of the fatality victims were children ages 9 years or younger.  Fifty-nine percent (20) of victims were adults, age 22 or older.  Of the total adults killed by dogs in 2015, (65%) 13 were ages 60 years or older.  In 2015, 9% (3) of attacks causing death resulted in criminal charges; the lowest number in the past 11 years. Last year marked the first time that a medical examiner ruled suicide as a manner of death in a fatal dog attack
  5. Texas lead all states in the number lethal dog attacks in 2015, with five deaths. Florida and Oklahoma each followed incurring 3 deaths.  Six other states, Arkansas, California, Michigan, New York, North Carolina and West Virginia, had at least two deaths.

LAWS IN YOUR CITY

MICHIGAN CITIES, AND COUNTIES WITH BREED-SPECIFIC LAWS.

  1. Alama Sec. 10 – 57, bans Pitbulls.
  2. Montavista Township.  Pitbulls declared “vicious.”
  3. Centerline Sec. 10-66, Pitbulls declared “dangerous.”
  4. Claybank Township restricts Pitbulls.
  5. Dearborn Heights, Sec. 6-164 restricts Pitbulls.
  6. Ecorse bans Pitbulls.
  7. Grosse Pointe Park bans Pitbulls.
  8. Grosse Pointe Woods Sec. 6-94 bans Pitbulls.
  9. Hartford Sec. 92.01 bans Pitbulls.
  10. Hastings Sec. 14-61 Pitbulls declared “dangerous.”
  11. Highland Park bans Pitbulls.
  12. Kingford Sec. 80121 bans Pitbulls.
  13. Lapeer Sec. 3.08 restricts Pitbulls.
  14. Melvindale Sec. 4-136 bans Pitbulls.
  15. Memphis bans Pitbulls.
  16. Morenci Sec. 5-38. Pitbulls declared “vicious”,
  17. Muskegon Heights Sec 14-2 bans Pitbulls.
  18. Newaygo Sec. 6.9 bans Pitbulls.
  19. Roosevelt Park Sec. 6.2 Pitbulls declared “dangerous.”
  20. Saginaw Sec. 94.11 restricts top five most dangerous dog breeds.
  21. Southgate Sec. 610.14 restricts Pitbulls.
  22. Silven Lake Sec. 10-83 bans Pitbulls.
  23. Tawas City Sec. 4-1 bans Pitbulls.
  24. Village of Birch Run Sec 90.03 Pitbulls declared “dangerous.”
  25. Waterford Township Sec. 3-19 ban Pitbulls.
  26. West Branch Sec. 90.30 bans Pitbulls.
  27. Ypsilanti Township Sec 14-1 mandatory sterilization of Pitbulls.

To see if your city bans Pitbulls, go to munnigo.com

Know Your Rights!

Being attacked by a dog of any kind or breed can be a very traumatic for the victim and their family. Our firm is very experienced in this area of law, and has obtained one of the largest Dog Bite verdicts in the country, according to the Detroit News—$500,000.00 for an eleven year-old Inkster child. If you, or a family member have been attacked by a dog, GET HELP NOW by submitting a free consultation form. If you have been a victim of an unprovoked dog attack, you can get help now. You may also call call our office at 1-248-855-6330.

Bankruptcy

stopBankruptcy is a process that many Americans fear. Being down on your luck is hard, and when times are financially tight, understanding the process and purpose of bankruptcy can ease the fear of that process. Check out some of the things that YOU SHOULD KNOW, when you are considering filing for bankruptcy.

Bankruptcy is a FEDERAL process. Which means that it is handled through the federal, and not the state, court system. There are multiple kinds based on the entity and your circumstances:

Individuals:

  • Chapter 7: Generally, the bankruptcy trustee (person representing creditors) sells the debtor’s assets and uses the proceeds to repay creditors.
  • Chapter 13: Individuals with a steady income develop a plan, based on a number of years and income, to repay all or part of their debts.

 

Small & large businesses

  • Chapter 7: Here, the bankruptcy trustee will “liquidate” all of the business’s assets and sell those to repay creditors.
  • Chapter 11: typically referred to as “reorganization” bankruptcy. Chapter 11 may be voluntary (business owner files), or involuntary (forced). Creditor must file a “disclosure” statement, and a plan of reorganization with the Bankruptcy Court.

Other Less Common Types:

  • Chapter 12 (Family Farmers &/or Fishermen)
  • Chapter 9 (Municipalities)

Know Your Rights!

Get advice from a QUALIFIED ATTORNEY. This will ensure not only a successful transition during bankruptcy, but your peace of mind. Call one of our attorneys experienced in bankruptcy to guide you, or someone you know, through this experience today, or GET HELP NOW by submitting our Free Consultation form or call our office at 1-248-855-6330.

Social Security

deniedSocial Security pays disability benefits to people who cannot work because they have a medical condition that is expected to last at least one year, or may result in death. These benefits are provided by the Federal Government, and are very difficult to obtain. Here are some things you should know about Social Security.

Do I Qualify?

The crucial question to receiving disability benefits is whether you “qualify” as “disabled.”

To qualify for benefits a person must meet two (2) different earnings test:

  1. A recent work test, based on your age at the time you became disabled; AND
  1. A duration of work test, to show you worked long enough under Social Security. (See example chart below).

 

Age Years Of Work
Under 28 1.5 Year of Work
46 6 Years of Work
60 9.5 Years of Work

While this seems easy, meeting this test is HARD. The Federal Government requires a STRICT definition of “Disabled”.

Who is Disabled?

  • A person who cannot work because of an existing medical condition that is expected to last at least one year, or result in death.
  • Statistics show that a 20-year old worker has a 1 in 4 chance of becoming disabled before reaching retirement age.

How They Make The Decision?

  • Are You Working? Generally, those who are working are not considered “disabled.”
  • Is Your Medical Condition Severe? Condition must significantly limit your ability to sit, stand, lift etc…
  • Can You Do The Work You Did Before?
  • Can You Do Any Other Type of Work?
  • Have You Ever Been Convicted of Any Crimes?

Our Clients

Arnold E. Reed & Associates P.C., is proud to announce that we have won a majority of our cases and we perform Social Security Administration across all 50 States including Florida.

Know Your Rights!

Getting social security is not as easy! Individuals with chronic heart disease, diabetes, and even people with amputated limbs have been DENIED social security benefits. The process can take anywhere from months to years! Having an attorney who can navigate the pitfalls of receiving social security benefits can be the difference between getting APPROVED, and being REJECTED. Call one of our attorneys experienced in Social Security Administration. GET HELP NOW by submitting a Free Consultation form or Call call our office at 1-248-855-6330.

Wrongful Death

wrongful-deathIn Michigan, a wrongful death claim may be brought in situations where the death of an individual is caused by careless, wrongful acts, or negligent conduct that causes death.

Who May File A Claim?

In Michigan, a wrongful death lawsuit must be brought by a representative of the deceased; usually a family member.

  • Spouse
  • Children
  • Parents and/or grandparents
  • Anyone who is left property in the deceased person’s will or estate.

If none of these individuals are alive, or the deceased has no will, then whoever inherits the estate, or Aunts and Uncles may file.

Damages?

Generally, reasonable medical and funeral/burial expenses are recovered, but representatives may also recover: loss wages or income (including the value of fringe benefits); future earnings; pain and suffering by the deceased or by the family members as a result of the death; loss of companionship etc…

Know Your Rights!

Wrongful death is a civil claim, which means that is separate from any criminal charges that may be brought as a result of death. If you, or someone that you know is a family member of a victim of wrongful death, you will want an experienced attorney fighting to get you the damages that your family deserves. Our Attorneys have fought hard and won countless cases like these. Call one of our attorneys experienced in Wrongful Death lawsuits. GET HELP NOW by submitting a free consultation form or call our office at 1-248-855-6330.

Medical Malpractice

According to The Journal of the American Medical Association, medical malpractice is the third leading cause of death in the United States behind heart disease and cancer. In the last four years, over three billion dollars was spent on medical malpractice payouts from doctors and hospitals. This averages out to approximately 43 payouts per minute. Have you been a victim of medical malpractice? You may have a claim if a doctor has done something to breach the so-called standard of care that has caused you injury and damage. This means that doctors and physicians have a responsibility to perform their duties with care, and to not expose, or cause their patients to be unreasonably exposed, to foreseeable risks of harm, injury, or death.

Know Your Rights!

You should be aware that bringing a medical malpractice lawsuit has become increasingly difficult due to damage caps, and other limitations put in place by state legislatures and other lawmakers. For example, with few exceptions, Michigan law states that you have two years to bring a claim for medical malpractice, or roughly six months from the time that you discover your injury, There are two types of damages in the medical malpractice context: economic damages, and noneconomic damages. Economic damages means that you may be entitled to recover for loss wages, the cost of medical care and upkeep, including: nurses, doctors, and other medical necessities resulting from injury caused by medical malpractice. Noneconomic damages are those damages in which one can recover for pain and suffering. Often times, it is very difficult to qualify and quantify damages from pain and suffering. Therefore, it is important that you seek advice from one of our experienced medical malpractice attorneys who can document your damages through the use of medical experts. GET HELP NOW. Submit a free consultation form or call us at 248 855-6330.

Police Brutality

police-brutalityAs of July 2016, approximately 800 people, many of whom were unarmed, have been killed by the police in the United States. The Washington Post reported 715 killings, the “Killed By Police,” Database reported 855 people, and The Guardian, a British news source, reported 800.

Additionally, People of Color have been killed at the highest rates. The numbers of police killings by Race & Ethnicity Per Million People, were astounding:

  • Native Americans:                           49%
  • Black/African Americans:                86%
  • Hispanic/Latin Americans:               3%
  • White Americans:                             95%
  • Asian/Pacific Islander Americans: .72%

More Americans are killed by their own police than in any other developed country in the world! The families of these victims deserve Justice. There are a multiple ways that the families of victims of police brutality may have a case against these injustices:

FEDERAL LAW:

You may have a Constitutional claim of excessive force against a police officer under 42 U.S.C. § 1983. The Courts have interpreted §1983 in terms of excessive force. The idea being that police force, when excessive, rises to the level of a Fourth Amendment Constitutional violation.

STATE LAW:

You may also have a Wrongful Death claim. The relevant Michigan statute is MCL 600.2955(b). A police officer is liable in tort for personal injuries when the police officer’s conduct amounts to gross negligence that is the proximate cause of the injury or damage.

Know Your Rights!

Understanding your rights, and your entitlements is important. Whether your claim is a Federal claim, State claim, or both, it is FUNDAMENTAL that you have an experienced trial lawyer on your side. Our lawyers have worked hard, have gone to trial, and have won cases like these. Contact one of our experienced attorneys today if you feel like you, or someone you know has been a victim of police brutality. GET HELP NOW by submitting our Free Consultation form or call our office at 248-855-6330.

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$4.5 Million Verdict

verdict against the police for exposing family to danger

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for female whistleblower

$2.8 Million Verdict

for wrongful death settlement against City in a car accident case caused by a pothole

$1.6 Million Verdict

verdict for woman whose voice was misappropriated for commercial purposes