Congress to vote on bill that could end conflicts between state and federal law on marijuana issues.

A republican and a democrat are teaming up in a highly controversial piece of legislation to end the disconnect between the federal law and a states right to sovereignty over legalization of marijuana. Reps. Ron Paul and Barney Frank will have a fight but the law needs to be debated and changed. The forefront of  the debate  is the legal use of  medical marijuana that has been adopted in several states while the federal government continues to enforce the federal ban against any legal use of marijuana. Grand Rapids Marijuana Defense Lawyer The proponents of the law say the war on drugs is a failure and that allowing states to legalize marijuana would take the control away from dealers and drug lords in favor of state taxation and regulation. Representative Frank suggests that it is no different from alcohol or tobacco use in that it is up to the individual and it should not be punished as a crime if the citizens of a state want to legalize it. Michigan presently allows use of medical marijuana. Medical Marijuana Defense in Michigan. Some states have already decriminalized the use or possession of marijuana. The bottom line is that it is time to tax and regulate marijuana. Attorney Gerald R. Stahl has represented people charged with marijuana offenses for 30 years.

Companies can be liable for workers exposure to asbestos.

Workers exposed to asbestos dust who ultimately are diagnosed with mesothelioma may be able to sue the company for negligence. Grand Rapids Product Liability Lawyer. Companies are obligated to protect employees from known hazards at their plant. This would include such protections as providing masks and protective gear at work.The company should also test air quality at the work site. They should also provide the employees with warnings and information regarding the known dangers of asbestos. A company engaged in ultra hazardous activity should also have medical check ups and consultations for their employees. If you or someone you know was diagnosed with a work related disease contact the Law Offices of Gerald R Stahl.

What is the settlement value of the injuries I sustained in an auto accident in Michigan?

The settlement value of a personal injury auto accident in Michigan can very greatly. Your best bet for a fair settlement is to hire an experienced personal injury lawyer.There are no books or manuals that you can consult to determine the value of your case. Every injury is unique to that person and will have different effect on that persons life.The circumstances of every accident are different and may effect the value of your case in the mind of an insurance company. Remember insurance companies survive by paying as little on a claim as possible. A good, tough minded lawyer, knows when the insurance company is low balling your claim.They also know how to prepare and present your unique case. The value of your injuries will also depend upon the strength and support of your doctors and their medical records.There are other variables that will effect your settlement, such as the defendant's policy limits, the insurance company involved in your case, the adjuster assigned to your case, your employment, your prior medical condition and many other factors. The Law offices of Gerald R Stahl  has spent over 29 years helping injury victims get the maximum recovery for their case. Experienced Grand Rapids Personal Injury Lawyer

Story says high dose of cholesterol lowering drugs can have severe side effects.

A story on ABC World News reports claims Americans that take a high dose of the cholesterol lowering drugs, 80 milligrams of certain drugs including Zocor and Vitorin should be on alert that these drugs statins in high doses can cause muscle tissue break down.  ABC news interviewed a Dr. Stephen Nissen, of the Cleveland Clinic, who described muscle deterioration, pain and weakness. Obviously, people taking these high doses should consult their doctor about the dangers of continued use. Additionally, patients experiencing muscle deterioration, pain or weakness should consult a lawyer to determine if the manufacturer has liability for causing their symptoms.

State of Washington says medical marijuana users can be fired.

A recent decision by the Supreme Court in the State of Washington found that an employer can fire a worker who uses medical marijuana, even if the worker uses the drug at home and the employer finds no evidence of poor performance on the job. Apparently, the case stems from a employee that was fired after a  positive drug screen. The Court found that the companies drug policy made no exception for medical marijuana. The case shows the unwillingness of the courts to force private employers to accommodate medical marijuana use. The Michigan medical marijuana user should know their company policy and position before medicate with the drug.

Marijuana smell still enough for traffic stop in Michigan.

In Michigan the smell of marijuana alone is probable cause to search. Although the officer conducting the investigation must articulate his familiarity with the odor of marijuana. Clearly, the justification for the search is the fact that possession or use of marijuana in Michigan is a crime and constitutes criminal activity. However, the law is rapidly changing after the citizens of Michigan passed legislation legalizing medical use of marijuana for people stricken with diseases and chronic pain. The number of people possessing and applying for medical marijuana licenses in Michigan is staggering. Citizens legally possessing  medical marijuana could be subjected to violations of their  Fourth Amendment right against unreasonable search and seizure. Although, marijuana is still illegal under federal law. In Michigan odor of marijuana is still probable cause to search until the law is changed.

The French should be upset with treatment of IMF chief.

In the United States we like to brag about the presumption of innocence in criminal cases. However, to the French people the treatment of Dominique Strauss-Kahn gives a completely different impression of our judicial system. The media has continually flashed photos of the handcuffed Strauss-Kahn being led to court. Although the IMF chief alleges he acted with consent, the media is reporting results of DNA tests results as well as facts relating to the alleged assault. The pretrial publicity surrounding the case certainly could make it difficult to find non bias jury. Whether he is guilty or innocent is for a jury to decide based upon the evidence presented to an impartial jury not the court of public opinion.

Do I have to sue my friend for injuries I received in an auto accident?

A common dilemma that arises after an auto accident is whether the passenger, who sustains serious injuries, will have to sue their friend or relative that caused the accident. In most cases the passenger will not have to sue. Under The  Michigan No Fault Act, vehicle owners are required to have insurance. If an owner operates without insurance it is a crime. Assuming the driver of the car has insurance, the insurance company has to step into the shoes of the policy holder and pay fair compensation for the victim's pain and suffering. Certainly, there could be disputes about the value of the claim or the severity of the injuries, and that could lead to a lawsuit. But  the claim's value will be argued and negotiated between your lawyer and the insurance company. Policy limits could also be an issue.  The person that caused the accident  should care about the victim's well being. Additionally, the vehicle owner paid for a policy of insurance that is required to compensate victims of their negligence. The bottom line is that if the injured person has a valid claim, they most likely will not be suing their friend or relative that caused the accident.

Does my insurance company have a lien against my accident settlement?

I refer to this situation as the subrogation dilemma. The answer is complicated and depends upon what type of insurance you have, and what type of claim you have settled. For instance, under the Michigan No-Fault Act, your auto insurance company does not have any right to a lien on your 3rd party settlement for pain and suffering. This is largely because your settlement is for non-economic damages. Additionally, Michigan requires you to have auto insurance under the law. However, in the case of Medicare, they are entitled, by federal law, to reimbursement of past medical expenses when a beneficiary has recovered money from a different source. For instance,  if a recipient of benefits, slips and falls on defective property, medicare expects to get reimbursed for it's medical bills. This could potentially diminish  most of your settlement. Some insurance contracts state they have a right to subrogation by the contractual agreement. This allows the insurer to to "stand in the shoes" of the insured and pursue claims against the wrongdoer. In many cases, the insurance company simply sends a you a lien letter then sits back and waits for you to get recovery. Do not be fooled. In many instances, the insurance company claim is barred or the lien can be negotiated. An injured victim should always consult a qualified personal injury lawyer if confronted with an alleged subrogation lien. The Law Offices of Gerald R Stahl represents clients on personal injury cases and deals with numerous claims for subrogation.

Finally, the United States has good news.

The news of the finding and killing of Osama bin Laden by US Special Forces brings back memories and emotions to all Americans. The leader of al Quada and the mastermind behind the many terrorist attacks is now dead. Good job President Obama.  Every American should feel better and safer. We all remember where we were when first heard the news about the attacks on the World Trade Center and the Pentagon. The pictures are implanted in our memory. His terrorist acts resulted in war and economic turmoil.  Now it is our turn to celebrate justice. The mood of Americans will improve and  economy will move in a positive direction. Terrorism still exists, but this is a great day for America.

Insurance Company profits linked to paying less on claims

As we all know, Insurance companies are businesses and thus their goal is to make a profit. I have no problem with that concept. The problem is that insurance companies are selling a promise to pay the full value of a claim when they write the policy. Since an insurance company's greatest expense is paying claims, the companies make more profit if they pay less on claims. For instance, in Michigan, I have noticed that in certain companies, the adjuster, (the person assigned to process the claim), has complained that the company no longer gives them authority or descretion to settle cases. These are trained and experienced adjusters.This process delays the settlement. The adjuster must go to his boss who handles hundreds or  in some cases thousands of claims. The result is that people who have not hired a qualified personal injury lawyer get discouraged and end up with a nominal, "This is all we are offering settlement". They actually may have no idea what they are entitled to under the policy. Experienced lawyers know that if they have a good case, the insurance company has obligations to pay the claim. If the insurance company refuses to act in good faith, they can be sued for additional damages. This is called a "bad faith insurance claim." It's unfortunate but some, not all, insurance companies are spending more and more on advertising and less on paying claims. Let the "buyer beware" and know your policy and your company.

Don't compare legal cases with your neighbor.

At some point you have probably heard a neighbor or friend talk about the guy who got off on a drunk driving case, or the women that got a big verdict for having hot coffee spilled on her. Don't be fooled into thinking that you can compare another case to your case. Most of the time you are not getting the complete picture. Take the hot coffee case, most people do not know that the victim in that case had numerous surgeries and skin grafts and that several complaints had been lodged about the scolding hot coffee prior to the accident. The media just reports  hype about the money. After all,  every case is unique and every set of facts are different. Doctors have varying  treatments and  patients have different results. Laws also change and sometimes they restrict or limit  your rights. Everyone knows that drunk driving laws in this country have gotten stricter over the years. For instance, in Michigan the BAC standard in Drunk Driving arrests was .10,  since 2003, it is now .08. TV ads boast big verdicts, but don't really tell you the particulars of the injuries, or facts of the case. In Michigan, it is a no-fault insurance state  and that law governs recovery for pain and suffering in auto and truck accidents. The bottom line is to hire a qualified lawyer that will fight for the best recoveryin your case.

Police have device to scan cell phones.

It has been reported that the Michigan State police have acquired a high tech device that can be used to scan your cell phone even during a routine traffic stop. Apparently, the device, known as the CelleBrite UFED, used by the state police, could grab all the photos and video off an IPhone within one and a half minutes. It is also reported the device works on numerous types of cell phones. The scanning device that is reported to  recover hidden and deleted data from a phone that includes call history, text messages, contacts, images as well as other information. Lawyers and public service agencies are worried about the potential for the violations of constitutional rights protected by the the Fourth Amendment guarantee against unreasonable search and seizure. A search without a warrant is deemed unreasonable unless it fits into well defined exceptions. Thus a search Warrant must be requested and issued by a neutral magistrate after a determination of probable cause. Obviously, use of this device should be closely monitored by the courts and the justice system.

Insurance companies use surveillance in personal injury cases.

Insurance Companies in Michigan and other states often use surveillance methods to rebut your claim  that your injuries have caused you to be disabled . For instance, let's say that you have sustained severe fracture of your elbow and now claim you limited use and constant pain. An investigator may stake out your house. And, in the process might video tape you doing some yard work such as cutting down a tree and hauling brush. Obviously, this evidence could be very damaging to you  and controvert your claim that you are disabled or unable to work due to pain. So, beware of that real possibility that you could be video taped or followed after your auto accident or other personal injury claim.

What should I do after I am injured in an auto accident?

After an auto or  truck accident, you should immediately call your insurance company. Michigan is a no-fault insurance state. So several statutes will apply to the accident. You should call your insurance company because they need as much information as possible about the accident. For instance, the other vehicle driver's information, the police department that is investigating the crash, and your injuries. Since you are injured,  you should go to the hospital. You should not talk to the other driver's insurance company. Under the Michigan No-Fault Act  injury claims for pain and suffering are against the driver that caused the accident. Before you commit to any statement, you should meet with a qualified personal injury attorney. The Law Offices of Gerald R Stahl has represented injured victims since 1982. It is too important to your future to try to deal with your problems without a professional attorney. Any wrong statements could potentially hurt your chances for fair recovery.

Excessive force not the only issue in Derek Copp case?

Whether the police officer used excessive force in making the arrest of Derek Copp is not the only issue. I admit that police do have a difficult job, and at times it is very dangerous. However, the raid on Derek Copp was probably not one of those situations. The reality is that kids or young people such as Derek Copp, 20, should not all be labeled as drug dealers. Generally, these young people have little money, small quantities, and they share their marijuana. How else could they get the marijuana? If they grow it, that is manufacturing, a felony. The law in this area needs to be changed. Essentially, the quantity issue should be addressed. Technically, anyone that shares a marijuana cigarette is guilty of delivery, a felony. Why? When they pass it they are transfering it in violation of the law. If you sell, transfer, or deliver marijuana, it is a felony. Now, more than ever, with legal possession in Michigan  for medical marijuana use and possession the time has come to change the underlying laws. The Derek Copp case will be debated and argued on both sides, but the use of force is just one of the issues. I do not condone the use or possession of  Marijuana and it is still illegal. But, eventually these issues should be addressed.

Lawyer Mailings after an accident

I recently had a friend that was rear ended in a car accident in Grand Rapids, Michigan. In order to be safe, she went to the hospital to get checked out. It turns out she was not injured. However, in the ensuing days she received numerous mailings and brochures from personal injury attorney's from all locations in the State of Michigan offering to represent her. She even received calls on her home telephone voice mail. It was almost overwhelming for her.The reason for this is that the accident report is public record and it contains information on  whether someone may have sustained injuries. Some people feel this  practice is an invasion of privacy. And, the family could be in the process of grieving.  If you are injured in an auto or truck accident in Michigan the best way to find a Lawyer is to ask a friend or family member for a referral. And, make sure the attorney has experience in recovery of damages for auto or truck accident victims.

"No Fee Guarantee" in Personal Injury Accidents

What does "No Fee Guarantee" in Personal Injury or Accident Cases really mean? It does not mean you are getting special treatment. In fact, in almost all personal injury cases, such as car accidents, lawyers for the victims work on a contingency basis. That means the lawyer does not require a retainer fee, but gets paid a percentage of the amount recovered for the client. In Michigan, that percentage amount is normally 33%. The reason for this agreement is that in most cases an injured victim does not have the money to risk on large retainers or a large hourly rate. So, the contingency fee is the preferred method of payment and has several advantages for both the attorney and client. The Law offices of Gerald R. Stahl has represented victims of serious auto accidents in Michigan for 30 years. http://www.geraldrstahl.com/history.php

Driver Responsibliity Fees in Michigan Unfair?

The State of Michigan, via the Secretary of State, assesses Michigan Driver Responsibility Fees to people with too many points, drunk drivers and other violators. The rational is that the State is going to punish bad driver's. But, the real reason is that the state is broke and just looking for more money. Remember that in all these cases the driver has already been to court and paid fines. And, in some cases,  in addition to fines,  the court  has ordered the driver to spend  time in jail, has had their license revoked, is paying for probation supervision, performing community service, and must pay a driver's license reinstatement fee. Many attorney's and some Judges feel the practice is unfair and arguably a violation of the double jeopardy clause of the Constitution. But, until the legislature or courts change the law, driver's have to pay.

Personal Injury Structured Settlements

There are companies spending millions of dollars in advertising in order to get their hands on your structured settlement from a personal injury case. Think about it, if it is such a bad deal for the recipient, then why do these companies want to buy the contract? How could they afford the advertising if they were not making big bucks. Basically, because these companies want your contract for pennies on the dollar. In other words, they believe you are desperate and need cash now, so let's take advantage of their misfortune. Structured settlements in personal injury cases are generally paid to people that suffer life long effects of injuries. Often times the structured payment comes every month guaranteed for life.  In many cases the victim of the injury cannot work or has a shortened work life. Those people still get the normal bills for rent, electric, phone, cable just like any other person. So, think twice before selling your structured settlement proceeds.

Should Michigan change Marijuana Laws?

If the state of Michigan wants to save money, they could consider following the lead of California and decriminalize the possession of marijuana in small amounts.  California decriminalized the possession of up to one ounce of marijuana in January 2011.  One of the major reasons for signing the legislation was that it saved the State the cost of paying court appointed lawyers to represent people charged with simple possession. However, the State of California still makes possession of a small amount a civil infraction. Thus, they collect a civil fine for the possession with no criminal record or conviction to the violator. Nevertheless, there are many people that completely disagree with California and oppose their new law. For now, Michigan still makes possession a misdemeanor crime.