LEGAL TIPSSmart

Injured in a Car Accident & Not at Fault? Here’s What You Need to Know.

BY DR. JASON BANASZAK

We all know the old adage that one human year is equal to seven dog years. Well, could you imagine skipping your trip to the dentist for almost a decade? Far too often that’s what we are doing to our pets.

Pets’ mouths are a lot like ours; they need proper athome care and regular checkups to stay healthy. Brushing our teeth isn’t enough to keep us from seeing the dentist for a yearly cleaning, but many pet owners will hold off on routine dental cleaning until the tartar and plaque create unbearable odors coming from a rotten mouth. In fact, by the age of three, two-thirds of pets can have hidden infections at, or below, the gum line. When left untreated, these can be very painful and can lead to tooth and bone loss. Fortunately, we have tools to combat this hidden danger, digital dental radiographs with comprehensive oral health and treatment (COHAT). With the use of x-rays, we can look under the gum line and treat problem teeth as well as remove hidden infections. With the digital dental system, we are also able to provide a safer dental procedure. Images are brought up on the computer screen within seconds, while previous film methods would often take several minutes to be completed. This shortens the time your pet needs to be asleep for the cleaning which makes the dental appointment just a little bit safer.

Remember that while pet’s dental health can be scary because of the need for anesthesia, the benefits far outweigh the risks in most cases. So, call your veterinarian and schedule that dental cleaning today.

Dr. Jason Banaszak is the Medical Director at VCA St. Clair Shores. He earned a B.S. in Biology at the University of Findlay in 2000 and graduated from Oklahoma State University College of Veterinary Medicine in 2005. He enjoys spending time with his wife Cindy, and three children Abby, Owen and Jackson, as well as their two dogs – Violet, a Pitbull, Penny, a Great Dane and a guinea pig named Peanut Butter. Dr. Banaszak is an avid baseball fan, enjoys coaching youth baseball and football, as well as mentoring new veterinarians.

Check out our monthly V.I,P feature on page 5.

BY DAVID FEMMININEO

Under Michigan no-fault law, MCLA 500.3135, you are entitled to two main categories of damages against the driver who caused your accident:

#1 Economic Damages

Economic damages are just that, damages for your economic loss. If you were employed on the date of the accident, you will likely be losing wages as a result of not being able to work. You are entitled to recover economic (also known as wage loss damages) against the driver who caused your injuries, if your lost wages exceed those that are being paid by your auto insurance company. If it is anticipated that you will never return to work, these damages can be projected out for the rest of your working life

#2 Non-Economic Damages

These damages are less easy to calculate and are always highly debated in Michigan Courts. They include pain, suffering, fright, shock, embarrassment, humiliation, depression, stress and anxiety, as well as permanent serious disfigurement. In order to recover these types of damages, you must meet the Michigan no-fault standard which is “a serious impairment of an important body function that affects your general ability to lead your normal life.” Essentially, it must be proven that you have a diagnosed injury and that injury (related to the auto accident) must affect your life for some period of time.

How and When Do I Bring a Lawsuit in Michigan Against the At-fault Driver?

You have three years from the date of the accident to file a lawsuit. If you fail to file a lawsuit within three years, your case is barred by the Michigan Statute of Limitations (with limited exceptions for minors etc). The Michigan Statute of Limitations is strictly interpreted and enforced.

David Femminineo is an auto accident injury attorney and founding owner of Femminineo Law in Mt. Clemens, Michigan. David graduated from Detroit College of Law in 1996 and has been practicing injury law for over 25 years. David can be reached at his office at (586) 954-9500 or on his website at getdavidgetpaid.com.