Last updated 5 days ago
Michigan Health Care Exchange
As part of the 2010 Affordable Care Act (also known as "health care reform" or "Obamacare"), the federal government directed states to establish online health care exchanges. These are essentially virtual marketplaces where you can shop for insurance plans.
By bringing all your options under one roof, the exchanges will make it easier for you to compare prices and benefits.
With the exchanges, you'll be able to log on to Michigan's site and see a range of private health plans that are available to you.
Any American citizen living in the US and not currently in prison is eligible to buy insurance through the exchange, even if you already have insurance.
The exchanges will become active in January, 2014, while enrollment begins in October, 2013.
However, in late March Michigan joined the majority of states in forfeiting any role in setting up an exchange. As a result, the federal government will run Michigan's insurance exchange.
Under the ACA, states could agree to set up their own exchanges, while receiving tens of millions of dollars from the federal government to fund the start-up process. Governor Rick Snyder urged the legislature to pass a bill authorizing the state to set up a kind of hybrid exchange, where the state and the feds would partner to run Michigan's exchange.
However, that bill died in the Senate after passing the House.
What does that mean for you? It's hard to say. Michigan's individual insurance exchange will be up and operational in January. That won't change.
However, when Congress passed the ACA in 2010 it expected the vast majority of states to run their own exchanges.
Instead, only 17 states and the District of Columbia have opted to do so. That leaves the federal Department of Health and Human Services scrambling to set up 33 different state exchanges in a little less than a year.
The effects of this are still hard to pin down. There could be no effect on the exchanges. On the other hand, there could be widespread confusion and technical issues.
Regardless, it's important to know all you can about the Affordable Care Act and its provisions, including the exchanges. You can visit healthcare.gov to learn more about the details of health care reform and the exchanges.
And if you're a Michigan resident in need of any legal advice or assistance, please contact Jay Trucks and Associates today for a free consultation.
Last updated 10 days ago
While it may seem simple to determine who is at fault in an auto accident, the process can actually be quite difficult. Was one or both of the drivers speeding? Did either of the drivers fail to use a turn signal or commit any other traffic law violations? These are the kinds of questions a judge or jury must consider when determining liability in an auto accident case. Continue reading to learn more about how comparative negligence applies.
What Is Comparative Negligence?
In some cases, both drivers have contributed somehow to the accident. Comparative negligence is a legal concept that judges and juries use to determine how much, if any, compensation the plaintiff is entitled to recover.
What Will the Court Consider?
Comparative negligence may include a number of factors. For example, was the plaintiff speeding at the time of the accident? Was the plaintiff distracted by another passenger or his cell phone? The court will consider all of these factors in arriving at a decision about whether a plaintiff contributed to the accident and, if so, how much.
How Does Comparative Negligence Apply in Michigan?
Michigan distinguishes between economic and noneconomic damages in determining whether comparative negligence applies. For noneconomic damages, such as pain and suffering, a plaintiff cannot recover if he was more than 50 percent at fault for his own injuries. However, for economic damages, such as medical bills, he will be entitled to damages regardless of his comparative negligence. For example, if a plaintiff sustains $10,000 in medical bills and is found to be 70 percent at fault, the plaintiff can still recover $3,000 for damages.
Have you or a loved one been injured in an auto accident? The best way to protect your interests and rights is to contact a personal injury attorney at Jay Trucks & Associates of Michigan. We have helped thousands of people recover the compensation they deserve, and we can help you if you call (989) 644-0166 to schedule a consultation.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 17 days ago
To bring a successful claim for negligence, a plaintiff must be able to prove that the other person’s behavior fell below the applicable legal standard. However, a defendant can reduce or avoid liability if he can show that the plaintiff was at least partially responsible for injuries or damages sustained.
In a pure comparative negligence state, accident victims can recover some compensation for their injuries even if they were more than 50 percent at fault for the accident. In contrast, states that follow modified comparative negligence guidelines generally prohibit the plaintiff’s recovery if he or she was more than 50 percent at fault. Michigan law allows plaintiffs to recover noneconomic damages no matter the degree of fault and even allows the recovery of economic damages if the plaintiff is more than 50 percent at fault.
To learn more about this topic, contact the experienced personal injury attorneys at Jay Trucks & Associates by calling our Michigan office at (989) 644-0166.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 23 days ago
Negligence is the legal claim on which many personal injury claims are based, such as auto accidents and slip and fall injuries. Negligence is a factor when the defendant has behaved in a careless manner and that carelessness led to the victim’s injuries. There are four elements involved in proving a negligence claim.
Duty
Individuals often owe each other a duty of care. For example, when you are driving, you owe the other drivers, passengers, and pedestrians on the road a duty of care. This duty is often equated to that of a reasonably prudent person, but there are heightened standards in certain circumstances.
Breach
If an individual violates the duty of care, this is known as a breach. The law usually compares the defendant’s behavior to that of a reasonably prudent person under similar circumstances to determine whether the defendant’s behavior fell below the acceptable standard.
Causation
You must be able to show that the defendant’s actions were the cause of your injuries. For example, if you were injured in a rear-end collision and suffered whiplash, you must prove the link between your accident caused by the defendant and the injuries from which you are suffering.
Damages
Before you can recover, you must prove that you have suffered a loss or been injured in some way. For example, you may be able to recover costs for your medical bills and lost wages if you missed time at work due to your injuries. You may also be entitled to damages for property loss and mental anguish, often known as pain and suffering.
To learn more about these elements, contact a negligence attorney to discuss your case. At Jay Trucks & Associates in Michigan, we help individuals who have been injured or killed due to someone else’s negligence. We will help you simplify your life and resolve your claim, so please call (989) 644-0166 to speak with a skilled personal injury attorney.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 1 month ago
Negligence is a legal cause of action under the law of torts, and it is often the basis for personal injury lawsuits. The term negligence refers to behavior that falls below the legal standard created to protect other people against unreasonable risks.
As this video explains, a person has acted negligently if he or she has departed from the conduct expected of a reasonable person acting under similar circumstances. To be successful in a negligence action, the plaintiff must prove four elements. First, the plaintiff must prove that the defendant owed him or her a duty of care. Next, the plaintiff must show that the defendant breached that duty. Additionally, any harm caused must be linked to the defendant’s negligent conduct. Finally, the plaintiff must demonstrate that he or she was actually harmed or damaged by the conduct.
If you have been injured by someone else’s negligence, do not wait to contact a personal injury attorney. At Jay Trucks & Associates, we have the skills and experience to help individuals recover damages after injury. Please do not hesitate to call our Michigan law firm at (989) 644-0166.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
