Both Employment and Personal Injury FAQ’s
What does it cost me?
In most cases, you won’t pay a cent unless we recover. Only when you collect will we get our payment by taking a percentage of what we recover for you. This way, you can exercise your rights without paying attorney fees.
When should I take action?
You need to be aware that there are time limitations that may apply to your claim. The sooner you contact us, the better chance you have of preserving your rights and obtaining a favorable outcome.
Can I be fired for talking to an attorney?
Consultation with an attorney is completely confidential. The law prohibits employers from taking action against employees for enforcing their rights. Even if you don’t have a winning case, your employer cannot legally retaliate against you for seeking information and legal assistance.
Do I have a case if I’m still working for my employer?
You may take action to enforce your rights while you are still employed. Many claims arise from ongoing employment and may be remedied without interruption of employment.
Do I have a case if my employer is treating me unfairly?
Unfair is not the same as unlawful. Unfortunately, sometimes unfair treatment is completely legal. Additionally, sometimes treatment that seems fair may be illegal. Gold Star Law can help you determine if your employer’s conduct is actionable.
Do I have the right to get my personnel file?
In Michigan, the Bullard Plawecki Employee Right to Know Act grants you the right to access your personnel file. Click here for more information. Most states have similar laws regarding access to personnel files.
Personal Injury FAQ’s
How long do I have to file a claim after being involved in a motor vehicle accident?
The Statute of Limitations for a Michigan motor vehicle or truck accident is one (1) year from the date of the accident or last payment of PIP / No-fault benefits.
Do I automatically have the right to file suit against the person who caused the accident?
Yes, you can file suit against the person who caused the accident.
If I am involved in an accident in Michigan, who pays for my medical treatment?
Michigan is a No-fault State, which means you must first look to the automobile coverage on the vehicle you were occupying when injured (usually your own auto insurance if driving your own car). No-fault, also called Personal Injury Protection or PIP pays all of your medical expenses and a portion of your lost wages.
Should I report all symptoms I am experiencing to my doctor, or just the most severe symptom?
Report all symptoms fully to your doctor to make sure each is documented. Your most severe symptom in the days following your accident (i.e. a headache) may resolve, but the shoulder soreness you were experiencing may linger and progress with time. If your physician only documents the headache, the opposing party might argue, without documentation of shoulder symptoms, that you have failed to prove the shoulder problem was caused by the accident.
Should I take pictures of my car / myself?
Yes, as soon as possible take pictures of the damage to your vehicle. Many times, if the car is totaled, you will no longer have possession of the vehicle after settling the property damage portion of the claim with the insurance company. If this happens, you may no longer have the opportunity to take pictures of the damage resulting from the accident. Also, take pictures of any injuries which are visible. It’s likely that the injuries will become less visible over time, so it is important to have a record of how the injuries looked right after the accident.
Criminal Defense FAQ’s
Do I need to hire an attorney?
You should always speak to an attorney if you are charged with a criminal offense, or even if you are charged with a civil infraction that you think may impact your driving privileges. Even what seem like minor charges can have serious consequences, if handled incorrectly. Court-appointed attorneys have large caseloads and limited resources, so they can’t always devote the necessary time to every case. Additionally, only indigent (low-income) defendants are eligible to have court-appointed counsel.
What does it mean to have points on my license, and how many can I get before I lose my license?
Points refer to how good or bad your driving record is, according to the Michigan Secretary of State. They are recorded for moving violations, intoxicated driving, and other traffic offenses. When a point is recorded, it stays on your record for 2 years. If a driver has 12 points against their license within 2 years, he or she can be suspended. Points stay on your record 3 or more years for insurance purposes, and can stay on your record for over 7 years for driving record background checks.
If the police think I’m driving drunk, should I give a breath sample?
There’s no universal right answer to this question, and much depends on your situation. If you feel sober, a breathalyzer might show you are under the limit, and the officer might not charge you with OWI. On the other hand, if you are over the limit, the sample may be overwhelming evidence of guilt against you in court. The police might also seek a warrant to draw your blood without your consent if you refuse to give a breath sample. Note that, if you are under the age 21 and operating a vehicle, refusing a preliminary breath test (the one offered at the scene of the stop) is a civil infraction worth 2 points.
If pulled over, should I take a field sobriety test if asked?
Regardless of your decision on taking a breathalyzer, do not take any field sobriety tests, like walking heel-to-toe or standing on one leg. These tests can be difficult if you’re not familiar with them, and even the slightest mistake will be considered evidence of impairment by the police. Politely, but firmly, tell the officer you do not want to perform them.
If the police are asking to speak to me regarding an investigation, should I talk to them?
If the police say they want to talk to you about a criminal matter, *never* talk to them without speaking to an attorney first. Even if you are 100% innocent of wrongdoing, police interrogation methods can cause you to accidentally say something incriminating, or even make a false confession to the crime. The police might tell you that you have nothing to worry about, or that you are not a suspect in the matter. Do not take them at their word. You can always talk to the police with an attorney present at a later time.