Bob 0:00 Time for Conversations with Kimm here on WCSR a pleasure to talk with Kimm Burger, attorney in law here in the city of Hillsdale, her contact information, by the way, coming up at the end of the program. So if you need to get a hold of Kimm, get that pen and paper ready now and you can write down your email address or phone number, and be able to get in touch with her. If you have situations, like the ones we're talking about this month, Kimm, injuries, personal injuries. If people get hurt, and I guess it's not their fault, can they sue as it used to be like that back in the day where, you know, you'd be sitting in an intersection in your car and somebody kind of tungsten or something like Oh, Whiplash, and you put the collar on your neck and, and you know, you're maimed for life. First of all, what is a personal injury in the eyes of the law? Kimm 0:46 In the state of Michigan, it requires a serious bodily impairment, you know, broken bones, you know, disfigurements and unfortunately, death are kind of the standard that you have to meet the old whiplash, I hurt my neck that doesn't cut it anymore. Sprain arm, unless it has it inhibits your normal daily life, you're not going to be able to recover your pain and suffering, which is where people's mind goes, the first thing, they get an accident. Bob 1:13 So for example, let's say I'm walking down the street, and all of a sudden, this guy's dog comes running out and bites me in the leg, does that count is that something? Kimm 1:24 It could be depending on the injuries, if you just have kind of small puncture wounds, that's really not going to be it. You know, hopefully, it doesn't happen. But if you have more serious injuries, you know, skin moves, scarring, that would be considered suitable for. Bob 1:43 Okay. And then of course, when it comes to like traffic accidents, if somebody runs a stop sign, and I'm humming down the road, and then all of a sudden I'm in the hospital, can I sue for things like that? Kimm 1:53 Yes. When you're suing people for an bodily injury is basically what it is you can get economic and non economic damages. So you're obviously economic, your hospital bills, those financial things that you have lost wages, the non economic is what people's mind goes to is your pain and suffering, like what, you know, how hurt are you type of thing. And if you can't decide a jury to decide, you know, one thing is also loss of consortium. So let's say, your mom gets an accident, and she's in a coma, you can't have any dealings with your mom for a month. And so that's part of the recovery you can get, and the jury would have to place a value on what your relationship is with your mother. Bob 2:36 So emotional pain and suffering? Kimm 2:38 Correct. Yep, that's part of it. Bob 2:40 And who decides? And then again, is it the jury, and obviously, you know, the lawyers part as well, to determine that I have a little bit of emotional damage, or I have a lot of it, because everybody's emotions are different. And and if need be, I could go up there on the stand and cry. I mean, you know, it is what it is that what it comes down to sometimes. Kimm 2:59 Unfortunately, that happens sometimes where you know, the person isn't as traumatized as they say they are, but they're good actors. And you get on those stand in front of the jury that you can make yourself cry in the in the drop of a hat and you know, sympathy, but it's what you can prove too, you can have, like your psychologist come in, and he's like, she said, she was an accident and like, oh well, you know, good, and go away. Or there's like, oh, my gosh, she's had PTSD, all of this. So there has to be some kind of quantifiable, you know. Bob 3:31 Now, when it comes to an accident, like then an automobile accident. Does the insurance company also get involved because arn't I covered, if I'm in an accident here in the state of Michigan? Aren't covered for the other person's injuries as well as their damage to their car? Kimm 3:46 Yes, that's why our insurance rates are so outrageous here in the state of Michigan. But yes, your insurance coverages you know, everybody has something different. So it just depends on what your insurance coverages what their insurance coverages or, even if they have insurance coverage. Some people drive without insurance, but you do have those clauses, I guess, in your insurance policy, your uninsured motorist, that kind of thing, but your insurance company does get involved kind of right from the beginning, because they want to get you in and out without say, hey, I'll give you 1000 bucks and you just go away, and some people are like, okay, but that might not be what all you're entitled to. Bob 4:23 So then when does it come to the point, like we see on TV where I'm going to get a judgment for $5 million dollars because I was in an accident? Kimm 4:31 Okay, those are kind of rare. So I mean, it's very good for publicity, but these $5 million settlements are few and far between and depending on again, what your, you know, situation is, death is a different one, you know, because you take into consideration, you know, all the losses that you have from that, but your typical, you know, broken bone isn't gonna be a $5 million, you know, recovery. Bob 4:56 Are there different, so we've talked about like dog bites, and we've talked about car accidents are there other bodily injury situations that occur that I'm not thinking of? Kimm 5:07 The big one I have is, especially here in state of Michigan is I slipped and fell on somebody ice, you know, hey, I was walking down the street and this person didn't clear off their sidewalk and I slipped and fell. I broke my arm, you know, can I recover? The unfortunate thing is the state of Michigan is they say it's open and obvious, you should know as a person living in Michigan, that there's ice there snow, and you need to do better of, you know, caring for yourself and making sure you're safe. Outside of something weird, but that's, you can't you're not gonna be able to recover. Bob 5:39 So basically common sense. Like when we're recording today, and there's ice and snow out on the sidewalks in the streets. You should know that ice and snow is slippery. And if you don't, that's not the other person's fault. Kimm 5:51 Correct, unfortunately, you know, common sense doesn't always prevail in our county here word throughout the world. Bob 5:57 Or in the law, to be honest. Kimm 5:59 Correct, that is true. Yes, I would agree with that. 100%. Bob 6:02 So if somebody thinks they have a case against somebody else, whether it be a slip and fall, or some sort of car accident or whatever. Can they sit down with you, and then can you tell them right off the bat, this is suitable, this is not suitable? Kimm 6:16 Yes, it's just by getting the facts of their situation, what happened and kind of what injuries they have. Bob 6:21 So just because you get hurt, doesn't mean you're going to get millions of dollars from somebody. Now can the other person I guess, with that said, can they say well, I don't have that kind of money. I mean, go ahead and sue, I've got 50 bucks in my pocket. You're welcome to it. Kimm 6:36 Yes, but hopefully they have the insurance and the insurance company is the one that ends up paying out Bob 6:41 Oh okay. Kimm 6:41 Oh, you know, that's who you go after you sue the person but you're suing the insurance company basically. Bob 6:47 So if you do have an issue and you would like some legal counsel, they can get ahold of Kimm here at the KB Law Office. How do they get in touch with you? Kimm 6:56 You can call at 7976021 or you can email at kimm@kburgerlaw.com. Bob 7:04 And of course not just for slip and falls and for traffic accidents preferred a lot of other situations as well. Correct? Kimm 7:09 Correct. Family criminal, you know, wills trust all of that. Bob 7:13 Kimm Burger joining us today on conversations with Kim. We appreciate her joining us today. On WCSR