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Michigan law changed significantly in 2023. The old rule that barred claims if a hazard was “open and obvious” no longer operates as an automatic defense.
This is an important shift that now allows many injured people—previously denied justice—to have their cases heard. LSM evaluates these cases closely and often finds liability where clients were initially told they had no claim.
Yes. Michigan No-Fault allows family members—including spouses, parents, adult children, and other relatives—to be compensated for providing legitimate attendant care services.
Because insurers frequently challenge attendant-care claims—especially when provided by family—our office helps clients prepare proper logs, obtain supporting medical documentation, and respond to improper denials.
Under Michigan law, when the at-fault driver cannot be identified or carries no insurance, you may still receive protection through:
These benefits cover medical expenses, wage loss, replacement services, and more—regardless of who caused the crash.
If you carry UM coverage, it may compensate you for pain and suffering, excess wage loss, and other damages even if the at-fault driver fled.
If no auto policy applies in your household, you may still obtain limited No-Fault benefits through MACP.
Do not wait. Hit-and-run claims have additional notice requirements, and UM claims often require prompt reporting to your insurer. Our team makes sure deadlines are met, statements to insurers are handled correctly, and benefits are not wrongfully denied.
Truck collisions and wheel-off events involve complex engineering, federal regulations, and multiple potential defendants. These cases often turn on early evidence preservation, which is why contacting LSM quickly is so important.
Photos and video of the scene
Damage patterns, skid marks, road gouges, detached wheels, tire tread, debris fields, and vehicle positions are often critical in reconstruction.
Your vehicle and the failed parts
Do not repair or dispose of your vehicle or any detached wheel, hub, lug nuts, or broken components without speaking to us. These parts may be vital evidence of improper installation, faulty maintenance, or defective manufacturing.
Police reports and witness information
Get names, phone numbers, commercial truck identifiers, DOT numbers, and employer information.
Medical documentation
Keep medical records, imaging, prescriptions, and photographs of injuries.
Dashcam or surveillance footage
If available, preserve personal dashcam recordings and note any surrounding businesses or homes with cameras.
Repair, maintenance, and tire records (if you have them)
In wheel-off litigation, maintenance logs and torque procedures often reveal negligence.
LSM has decades of experience handling catastrophic wheel-off cases and knows how quickly evidence can disappear. When we are contacted early, our team immediately sends preservation letters, secures experts, and ensures no one destroys or alters critical physical evidence.
The one-year-back rule limits how far back you can recover unpaid No-Fault benefits—even if the insurance company clearly owes them.
If your insurer refuses to pay medical bills, wage loss, or other PIP benefits, and you file a lawsuit, you may only recover benefits that accrued within the 1 year before the lawsuit was filed.
At LSM, we closely track benefit dates from day one and intervene early with insurers. Our entire team participates in monitoring client files—reflecting the office-wide teamwork discussed in your firm strategy meetings.
Michigan’s deadlines can be strict, and missing one can end your case entirely.
Because key evidence (videos, witness memories, skid marks, premises conditions) disappears early, calling us promptly helps us preserve and develop the strongest possible case.
Yes. Michigan follows a comparative negligence system.
Pain & suffering claims:
If you are more than 50% at fault, you cannot recover pain-and-suffering damages.
If you are 50% or less at fault, your compensation is reduced proportionally.
Example: You are 20% at fault → your recovery is reduced by 20%.
No-Fault benefits:
Your percentage of fault does not affect your right to receive PIP medical benefits. Even an at-fault driver can receive medical and wage-loss benefits under Michigan No-Fault.
We regularly represent clients in cases where liability is unclear or disputed. As discussed in your internal meetings, LSM often succeeds in challenging “thin liability” cases other firms might turn down. Our team approach ensures every angle is evaluated thoroughly.
Under Michigan’s No-Fault system, your own auto insurance typically pays your medical bills first—even if you were a pedestrian or bicyclist. This is called Personal Injury Protection (PIP) coverage.
The first day after a crash or injury can feel overwhelming. What you do next can make a meaningful difference in your recovery and in protecting your legal rights.
Get medical care immediately
Even if injuries seem “minor,” symptoms like concussion, internal injuries, or soft-tissue damage often worsen later.
Report the accident
Call the police for auto, pedestrian, bicycle, or commercial vehicle crashes. For falls or premises injuries, notify the property owner or manager.
Document everything
Take photos of the scene, vehicles, hazards, and visible injuries. Save damaged clothing, helmets, or equipment.
Exchange information
Gather driver or property-owner details, insurance info, and witness names.
Do not give recorded statements to insurance companies
Insurers often call within hours. You’re not required to give a statement before speaking with a lawyer.
Contact Liss, Shapero & Mitnick
Our team works together on your case from day one—ensuring evidence is preserved and your rights under Michigan No-Fault are immediately protected.
A wrongful death claim arises when someone loses their life due to another party’s negligence or wrongdoing.
In Michigan, the claim is filed by the personal representative of the deceased person’s estate, but it is brought on behalf of surviving family members, such as:
Compensation in a wrongful death case may include:
At Liss, Shapero & Mitnick, we take the time to understand who your loved one was—not just what happened. That personal connection helps us tell their story in a way that truly reflects their impact.
Wheel-off accidents—where a tire detaches from a moving vehicle—are some of the most dangerous cases we handle. And they’re rarely “just an accident.”
Liability may fall on multiple parties, including:
Our firm has experience pursuing these complex claims—even in situations where liability isn’t immediately clear. As noted in our case history discussions, we’re not afraid to take on challenging cases with serious injuries and pursue meaningful results.
An IME—short for Independent Medical Examination—is a medical evaluation requested by an insurance company, often in connection with Michigan No-Fault benefits.
Despite the name, the doctor conducting the IME is typically hired by the insurance company—not your treating physician.
After an IME, it’s not uncommon for insurers to:
If that happens, don’t panic—but don’t ignore it either.
Here’s what you should do:
We regularly challenge improper benefit cutoffs and work to restore what you’re entitled to under Michigan’s No-Fault system.
Many people assume that signing a waiver means they’ve given up all their rights. That’s not always true.
In Michigan, liability waivers can be enforceable—but only under certain conditions. For a waiver to hold up, it generally must:
However, even a signed waiver may not protect a company from gross negligence—such as:
These cases often come down to the details. We carefully review the waiver, the circumstances of the accident, and the company’s conduct to determine whether your rights are still intact.
Boating and jet ski accidents are often more complex than people expect—because responsibility isn’t always limited to just one person.
Depending on the situation, liable parties may include:
At our firm, we look beyond the obvious to uncover every contributing factor. Because holding the right parties accountable is what ensures you receive the full support and compensation you deserve.
A dog bite can be traumatic, especially when it happens unexpectedly. Taking the right steps early helps protect both your health and your legal rights.
Here’s what to do:
We guide clients through this process with clarity and compassion, making sure they understand their rights every step of the way—because no one should feel left in the dark after being injured.
Slip-and-fall cases often hinge on quick action and strong evidence—because conditions can change or disappear within hours.
If you’re able, try to preserve:
It’s also important to document:
At our firm, we move quickly to secure evidence before it disappears, because building a strong case starts from day one.
Yes—you may still be able to recover compensation, even if you weren’t wearing a helmet.
Michigan follows a comparative fault system, which means your recovery could be reduced if your injuries were made worse by not wearing a helmet—but it does not automatically bar your claim.
For example:
This is where experienced legal guidance matters. We work with medical experts and accident reconstruction professionals to separate what caused the crash from what may have affected the severity of injuries.
Failure-to-yield cases often come down to evidence and timing—and the sooner that evidence is preserved, the stronger your case can be.
To prove a driver failed to yield, we typically look at:
We also work closely with clients to document how the injuries have affected their daily lives—because that human impact matters just as much as the legal proof.
A work zone crash can feel chaotic—but the steps you take right after can make a meaningful difference in your recovery, both physically and legally.
First and foremost, get to safety and seek medical attention immediately, even if your injuries seem minor. Work zones often involve heavy equipment, lane shifts, and reduced visibility, which can make these crashes more dangerous than typical accidents.
Next, if you’re able:
At Liss, Shapero & Mitnick, we take the time to understand not just how the crash happened—but how it has impacted your life. Because to us, your case is never just a file—it’s your story.
No—at least not while your case is active.
Insurance companies routinely monitor social media. Even innocent posts can be misinterpreted, taken out of context, or used to argue:
Photos, comments, check-ins, or even tagged posts by friends can create problems. Our advice is simple: stay quiet online until your case is resolved. Protecting your claim often means protecting your digital footprint.
Possibly—and this is one of the most misunderstood issues in Michigan auto cases.
UM/UIM coverage is optional and policy-specific, so it must be carefully reviewed. Insurance companies often delay or deny these claims unless they’re properly documented and pursued. We review the policy language closely and push back when coverage is wrongly denied.
A spoliation letter is a formal notice demanding that evidence be preserved. This can include:
LSM sends spoliation letters early, often immediately, when there’s a risk evidence could be altered or destroyed. This step can be critical—especially in premises liability cases and commercial vehicle accidents—because once evidence is gone, it’s often gone for good.
This depends on the type of case and the insurance involved:
Part of our job is coordinating benefits, addressing denials, and making sure you’re not stuck paying out of pocket while the case is ongoing—or surprised by liens at the end.
“Open and obvious” means a property owner may argue that a dangerous condition was so visible that a reasonable person should have avoided it. That defense is still used in Michigan—but it does not automatically defeat a claim.
Courts now look closely at factors such as:
In other words, just because a hazard could be seen doesn’t mean the property owner is off the hook. These cases are highly fact-specific, and many valid claims are wrongly dismissed by insurers using “open and obvious” as a scare tactic.
Every case is different, but timelines are often influenced by:
Some cases resolve in months; others take longer, especially if litigation is necessary. While speed matters, our priority is making sure your case is handled thoroughly and correctly, not rushed at the expense of your recovery or future needs.
Yes, in many situations you still can. Michigan follows a comparative fault system. This means your recovery may be reduced by your percentage of fault, but being partially at fault does not automatically prevent you from recovering compensation.
In auto accident cases, Michigan’s no-fault system adds another layer of complexity, especially when it comes to medical benefits and pain and suffering claims. Fault analysis is often more nuanced than it first appears, which is why it’s important to have someone review the facts carefully before assuming you don’t have a case.
No. Personal injury cases are typically handled on a contingency fee basis, which means:
If there’s no recovery, you don’t owe attorney fees. This structure allows anyone—regardless of financial situation—to pursue justice without added stress or risk.
You should avoid:
Insurance adjusters are trained to ask questions that can later be used to reduce or deny your claim. Even innocent or polite statements can be taken out of context. It’s perfectly appropriate to say you’re not comfortable answering questions and that you’d like to speak with a lawyer first.
In most cases, it’s best to speak with a lawyer before you accept—or even seriously discuss—an insurance offer. Insurance companies often move quickly after a crash or fall, hoping to settle before the full extent of your injuries, medical needs, or lost wages is clear. Once you accept an offer or sign paperwork, you usually can’t go back for more later.
Talking to a lawyer early helps level the playing field, protects your rights from day one, and ensures important evidence is preserved. It also allows us to handle the insurance company so you can focus on healing.
Product liability cases involving children require careful preservation:
Michigan’s product-liability rules are strict, and early mistakes can jeopardize the case — but with proper preservation, these claims can be very strong. We handle product-related injuries with the same meticulous “all-hands” team approach that defines our practice .
You may have both no-fault benefits and a third-party liability claim against the drunk driver. In some situations, additional claims may exist against a bar or party host under Michigan’s dram shop laws.
In the first 72 hours:
We handle drunk-driver cases aggressively while keeping you fully informed — a core part of our client-first philosophy .
Michigan drivers often choose between:
When policies renew at year-end, it’s crucial to know which option you selected because it directly affects who pays your bills after a crash. If you’re unsure or your insurer is bouncing you between adjusters, we step in and ensure your benefits are protected.
Yes. Two avenues often apply:
Do not repair or replace the alarm yet. Preserve the unit, document the readings and symptoms, and get medical evaluation immediately. CO poisoning cases require expert investigation — something our team handles regularly with sensitivity to the seriousness of exposure injuries.
Michigan law has changed significantly. Today, a hazard being “open and obvious” does not automatically bar your claim. Property owners must still take reasonable steps to protect visitors, including salting, plowing, and inspecting their lots.
Black ice — especially when invisible, unsalted, or caused by melt-and-refreeze — can support a strong premises case. Take photos immediately, note weather conditions, save your shoes, and file an incident report. We evaluate these cases urgently because ice disappears fast.
No-fault does not typically apply to snowmobiles unless a car was involved. Your recovery usually comes from:
While still at the scene, gather:
These cases require fast action before tracks disappear and conditions change. Our team handles winter-sport injury claims throughout Metro Detroit and across Michigan.
Nursing home neglect often becomes most visible during holiday visits. Before you leave:
Then call us immediately. We handle elder-neglect cases with the same family-focused approach that defines our firm , and we take over the investigation so you don’t have to confront the facility alone.
A holiday-season fall can be either — or both:
If you still have the ladder, do not throw it away. Store it safely, take photos from all angles, and document any broken components. We evaluate both theories so you receive the full compensation available under Michigan law.
Responsibility depends on whether the snowplow was operated by a private company or a governmental agency:
You should take photos immediately, get the plow truck number if possible, request the police report, and call us before speaking with any adjuster. These cases are complex — but we handle them regularly and ensure all legal notices are properly served.
Under Michigan’s no-fault law, your own auto insurer is responsible for paying your medical bills, lost wages, and replacement services — even if black ice caused the crash. Your first steps should be:
If another driver contributed to the crash or a governmental entity failed to maintain the roadway, you may also have a liability claim. Our team walks you through every step and ensures you don’t miss critical deadlines.
You may pursue: (a) No-Fault PIP benefits (medical/wage loss), (b) a negligence claim against the drunk driver for pain and suffering/economic loss beyond PIP, and (c) potentially a dram-shop claim against a bar/restaurant that illegally served a visibly intoxicated person or a minor who then caused your injury. Dram-shop cases have strict proof and notice requirements and a two-year limitation; talk to counsel quickly so we can lock down witness evidence and receipts/video.
Two layers here:
If the driver is on the job, their workers’ comp may cover them, but they can still bring claims against the homeowner.
Parking lots are private property, but Michigan negligence rules still apply. Common patterns:
PIP: Yes. If you were an occupant of a motor vehicle, PIP applies regardless of fault, even if no other vehicle was involved. File promptly.
UM/UIM: Usually no, because those cover negligent motorists. Most UM policies require contact with an at-fault vehicle (or specific corroboration rules for “miss-and-run”). Animals don’t count as uninsured motorists. Check your policy fine print and notify your carrier right away if there’s any chance another driver contributed.
Responsibility is often set by local ordinance. Many Metro Detroit communities require the adjacent property’s owner/occupant to clear the public sidewalk (e.g., Berkley and Royal Oak ordinances; Detroit also reminds owners they’re responsible). Leases can shift duties between landlord and tenant for premises liability, but cities can still ticket the abutting property for uncleared sidewalks. .
For injury claims: cities are usually protected by governmental immunity with narrow sidewalk exceptions; claims against a city have special notice rules and technical defenses. Meanwhile, after the 2023 Supreme Court change, “open and obvious” is no longer a complete defense for private owners. Translation: if a tenant/landlord failed to act reasonably under the ordinance and conditions, a claim can be viable—facts and notice rules matter.
Michigan doesn’t require winter tires, but your tires must be safe (no exposed cords, adequate tread, no “unsafe” condition). Using worn or unsafe tires can support an insurer’s or defendant’s comparative negligence argument. Winter tires clearly improve winter stopping distance (state safety guidance endorses them), but just having all-seasons isn’t negligence by itself. Keep good tread and proper inflation, and use chains only when conditions make them reasonably necessary.
Studded tires are tightly restricted by rule; practically, manufacturers haven’t met Michigan’s pavement-wear spec, so they’re generally not used here.
Drivers must yield to pedestrians lawfully in a crosswalk at signalized intersections. When the pedestrian has a “WALK” or is otherwise lawfully in the crosswalk, vehicles must yield—even on a green turn arrow. Pedestrians should follow signals and only start crossing on “WALK.”
Outside of signals, Michigan’s statewide law doesn’t require stopping for someone merely waiting at an un-signalized crosswalk unless a local ordinance says otherwise—some cities add stricter local rules. Always slow and be ready to stop.
PIP benefits typically include: medical bills, up to 85% of lost wages for up to three years, household replacement services, and in tragic cases, survivor’s loss—regardless of who was at fault. Deadlines matter: generally you must give written notice of a PIP claim within 1 year of the crash, and lawsuits have “one-year-back” limits on what you can recover. There are exceptions if the insurer has already paid benefits, but don’t rely on that—notify promptly.
Michigan’s Supreme Court changed the rules in 2023. Property owners still owe lawful visitors a duty of reasonable care, and the old “open and obvious” doctrine is no longer a total shield—it’s now weighed as comparative fault by a jury rather than wiping out the claim at the start. Practically, if you knew (or should have known) about ice and didn’t take reasonable steps (salt, shovel, warn), you can be liable—even if the ice was visible.
What to do as a homeowner: clear and salt, put down mats, fix drainage, and warn guests. If someone is hurt, document conditions and keep any camera footage.
Your health insurance choice affects how your medical bills are paid after a crash:
If you’re self-employed or have limited health coverage, uncoordinated PIP may offer better long-term protection.
It could be both, depending on what caused the fall.
Preserve the ladder, take photos, and document everything before repairs or disposal. An attorney can help determine which legal theories apply.
If you’re injured in a Michigan crash, you may be entitled to:
You must submit your written PIP application within one year of the crash, but it’s best to file within 30 days. If another driver caused your crash and you suffered a serious impairment, you may also pursue a pain and suffering claim against that driver.
Responsibility for a Michigan work zone crash can rest with several parties:
To prove fault, gather photos, police reports, witness statements, and dash-cam video. Construction zone cases often require expert analysis to show where safety standards weren’t followed.
Michigan’s dog bite statute (MCL 287.351) makes owners strictly liable when their dog bites someone without provocation, regardless of the dog’s past behavior.
If a trick-or-treater or guest is bitten while lawfully on the property, the owner is responsible — even if the dog had never shown aggression before. Only trespassing or provocation can serve as valid defenses. If bitten, seek medical care immediately, report the incident to animal control, and take photos of your injuries.
School or sports waivers usually protect against ordinary risks, but not against negligence or reckless conduct. If a coach forces a student to play while injured, ignores concussion protocols, or fails to maintain safe equipment, a waiver may not apply.
Michigan courts often look at whether the injury resulted from normal play or from a failure to follow safety rules. Parents should keep all documentation, including emails, medical reports, and the signed waiver.
Evidence disappears quickly in cold-weather accidents, so act fast:
Michigan’s “open and obvious” rule can complicate these cases, but hidden or untreated ice may still create liability if proper maintenance wasn’t performed.
A signed waiver doesn’t automatically protect a business from liability. In Michigan, waivers do not cover gross negligence, reckless behavior, or hazards outside the normal “scare” experience.
For example, if you tripped over a loose board, were injured by an unsafe structure, or got hurt in an overcrowded area with no emergency exits, you may still have a valid claim. Keep your waiver and take photos of the unsafe condition if possible.
Yes. Under Michigan’s No-Fault Personal Injury Protection (PIP) coverage, your injuries are covered even if you never made contact with the deer. As long as the crash involved the “use of a motor vehicle,” PIP applies — even if you swerved into a ditch or tree to avoid the animal.
Your PIP benefits include medical expenses, lost wages, and replacement services (like help around the house), up to your chosen policy limit. However, vehicle damage is covered under comprehensive coverage, not PIP.
Halloween brings excitement — and a lot of foot traffic. In Michigan, a homeowner may be liable if a trick-or-treater’s injury results from a dangerous condition the owner knew or should have known about and failed to fix or warn others about. Examples include broken porch steps, hidden extension cords, or poor lighting.
If the danger wasn’t obvious, or a child was injured by something that could have been prevented with reasonable care, the homeowner could be held responsible.
Tip: Keep walkways clear, repair hazards, and use good lighting. Homeowners’ insurance may cover such injuries, but it’s smart to speak with an attorney to understand your liability or rights as an injured visitor.
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