Firm News - Serafini, Michalowski, Derkacz & Associates, P.C.

Legendary Detroit Broadcaster Passes Away

Serafini, Michalowski, Derkacz & Associates — Mon, 30 Mar 2020 19:59:14 GMT

We at Serafini, Michalowski, Derkacz & Associates, P.C. are sad to learn of the loss of a Detroit original, Bob Allison. Bob, passed away, recently, at the age of eighty-seven (87), following a fall at home. Our condolences go out to his wife Maggie and their three (3) sons.

His long and storied career as a journalist, broadcaster and TV personality began on the radio in 1962 with “Ask Your Neighbor“. The show continued to air, in one way or another, most recently on WNZK 690 AM, for well over fifty (50) years. Bob, also enjoyed some local fame as the host of “Bowling for Dollars”which aired locally on “channel 4” before it became WDIV. He worked throughout the metro-Detroit area and touched many listeners and viewers with his friendly voice and honest answers.

Our firm is proud to have been a regular contributor on the Ask Your Neighbor show during the legal hour, in the past, as a guest contributing host. As a guest host, we got to know Bob and his son Rob extremely well and truly feel like we lost a great neighbor.

Knowing Bob, he would want us all to keep being “Good Neighbors” taking care of each other and keep trading those tips and recipes to make life a little brighter each day!

Compliance with Michigan Executive Order 2020-21

Serafini, Michalowski, Derkacz & Associates — Mon, 30 Mar 2020 14:24:51 GMT

In compliance with the governor’s order regarding shelter in place and stay safe at home policies, the firm has implemented the following policies consistent with Executive Order 2020-21.

Pursuant to Section 4 paragraph (b) the firm has identified its essential employees necessary to conduct minimal business transactions, like banking, payroll processing, employee benefits and ensuring that those of us that are working from home have the ability to work remotely. Each designated employee has a “transit letter” within his or her possession.

For compliance with the executive order the following information is available:

Each shareholder/partner shall be present at the office during limited times and alternating in the days each is present. This is necessary to process checks, payments, and to provide support to other employees working remotely. Non-shareholder attorneys will be working remotely and shall not be present in the office.
Our office manager shall be present during limited hours during the day to assist with minimal business transactions including payroll and banking.
Only one of our two remaining working administrative assistants shall be present in the office during limited times to assist with processing mail and supporting the other attorneys working from home.

To protect the privacy of the individuals working in such capacity, government officials and or authorities may contact the firm. This notice is intended to comply with Executive Order 2020-21 4(b) which provides:

“Businesses and operations must make such designations in writing, whether by electronic message, public website, or other appropriate means. Such designations, however, may be made orally until March 31, 2020 at 11:59 pm.”

The Secure Act and Estate Planning

Serafini, Michalowski, Derkacz & Associates — Thu, 06 Feb 2020 22:00:04 GMT

The SECURE Act (Setting Every Community Up for Retirement Act) passed into law effective January 1, 2020. Although it is uncertain how the act was named, it is certain that this act will significantly impact estate, tax and income planning for baby boomers and their children. This act will force Americans with IRAs and other “qualified assets” to recognize more income, upon inheritance.

For years, the IRS allowed beneficiaries of an individual retirement account (IRA) to defer their receipt of income over their individual lifetimes through the use of the stretch distribution provision. This is no longer possible as the act changes the way in which a beneficiary can elect to receive his or her own share of a decedent’s account: either as a lump sum distribution or as a ten (10) year plan of distribution. The inherited “stretch” IRA is no longer an option after January 1, 2020. As a result, the government will begin to receive more taxes from inherited income beginning 2020 moving forward.

The act does provide some relief as it puts off the age for required minimum distributions (RMDs) until the age of 72, if you have yet to begin receiving your RMDs prior to 2020. It also repeals the maximum age of which a person can contribute to his or her IRA; allows for expansion of 529 plans; and, provides credits to small businesses that setup automatic enrollment into their retirement plans.

Overall, the act appears to be designed to force recognition of income that could otherwise be deferred over a beneficiary’s lifetime. How will this affect your individual estate plan and family wealth planning? We have some answers…

You may wish to consider engaging in five (5) year longterm care planning to help protect non-IRA assets while using your IRA assets to help fund your own care.
You may wish to consider “stream-lining your estate planning by using probate avoidance techniques like beneficiary designations, enhanced life estate deeds and joint ownership.
You may wish to designate trusts, under certain circumstances, as beneficiaries to help protect minors from financial misuse of inherited assets.

If you have questions, we are here to help. Please call 866-529-ELDR or locally, in the metro-Detroit area, at 586-264-3756 to schedule your free consultation.

SMDA Is A Proud Sponsor Of JennaThon

Serafini, Michalowski, Derkacz & Associates — Wed, 18 Jul 2018 04:00:00 GMT

The Jenna Kast Believe in Miracles Foundation is an all volunteer, grass roots organization whose goal is to bring a smile to the face of a child that is suffering. The mission of The Jenna Kast Believe in Miracles Foundation is to enrich the lives of Michigan children suffering from life-threatening medical conditions by buying gifts and bringing joy and hope to their lives. Along with their gift, each child receives a personalized trophy to acknowledge their courageous fight.

This is a wonderful organization and our firm is proud and privileged to be a sponsor and a part of helping achieve its mission.

Learn more about this great organization by visiting their website at www.believeinmiracles.org

SMDA SETTLES AUTO ACCIDENT CLAIM FOR OVER $1 MILLION

Serafini, Michalowski, Derkacz & Associates — Sat, 16 Sep 2017 04:00:00 GMT

Partner, Patrick Derkacz, recently settled an auto injury claim for $1,195,000.00 for a husband and wife who were the victims of a violent car accident.

The couple was traveling to see their granddaughter’s new apartment on a Sunday morning before their lives were changed forever. They were violently rear-ended by a vehicle driving 70 mph. As a direct result of the accident, both the husband and wife sustained serious and life changing injuries.

Mr. Derkacz was able to prove that the driver of the accident was negligent and that, due to their injuries, the quality of the couple’s lives had been significantly diminished.

Successfully holding the negligent driver accountable for his negligence has been a great form of justice both for our client and our firm.

SMDA Is Proud To Be Serving The Chaldean Community

Serafini, Michalowski, Derkacz & Associates — Mon, 18 Apr 2016 04:00:00 GMT

Metro Detroit is home to one of the largest Arab American communities in the United States. At SMDA we are honored to serve the legal needs of these individuals and of the diverse backgrounds throughout our community, including Chaldean-Americans.

Metro Detroit has the largest community of Chaldeans, over 120,000. Many of these Chaldeans reside in our very own neighborhood of Sterling Heights. Among our experienced team of attorneys, we have a Chaldean attorney, Dahlia Barkho. Dahlia brings a unique understanding of the Chaldean culture to our firm. She speaks English and Aramaic (Chaldean) and truly understands any challenges that Chaldean-Americans may deal with.

Our firm appreciates that Chaldeans have a very unique culture and come from a very large, yet close-knit community. We understand that they may find it easier and more comfortable meeting with an attorney who understands them first hand and speaks the Chaldean language. We are pleased to have a Chaldean-speaking attorney to help our Chaldean neighbors.

We successfully handle cases in the following areas: -Car Accidents -Dog Bites -Slip and Fall -Pedestrian Accidents -Divorce -Estate Planning -Elder Law -Bankruptcy -Disability If you or a loved one needs to speak to an attorney, we welcome you to call us to schedule your free consultation and learn how our experienced attorneys can help you.

Website – smdalaw.com Phone number – (586) 264-3756 Email – dahliab@smdalaw.com

Contingency Fees for Auto Accident Cases

Serafini, Michalowski, Derkacz & Associates — Fri, 15 Apr 2016 04:00:00 GMT

Our firm handles auto accident cases on a contingency fee. Having a contingency fee agreement means that the attorney fee is contingent upon the outcome of the case. In other words, you only pay us if we are able to recover a settlement or obtain a verdict on your case.

This type of fee agreement is beneficial to a client for many reasons. It permits a car accident victim to retain our attorneys, even if they do not have the funds to pay the attorney in the beginning. Offering a contingency fee agreement is very valuable to our clients. It allows them to retain an attorney who can fight for their rights, regardless of their financial status or ability to pay large attorney fees.

Additionally, you will not be required to pay any costs in the beginning of the case. All of the costs of the case will be paid up front by our firm, and the firm will be reimbursed upon resolution of the case.

At SMDA Law, we offer a contingency fee for victims of car accidents. We also offer a free consultation to help analyze your case and help you to understand your rights under the law. SMDA invites you to contact our attorneys at (866) 529-3537 for a free consultation for any of your legal needs

SMDA Offers Free Consultation to Any Car Accident Victim

Serafini, Michalowski, Derkacz & Associates — Fri, 15 Apr 2016 04:00:00 GMT

When someone is involved in a car accident, they may have many questions. Most importantly, they are left wondering what the next step is. Our experienced attorneys are here to help.

Typically, a personal injury claim begins with consulting with an attorney who has experience handling these types of claims. SMDA has decades of experience with all types of cases, including personal injury claims, such as auto accidents or slip and falls.

After being involved in a collision, a car accident victim is left with many questions. What do I need to do next? Is my case worth anything? Who can help me? Rest assured that the attorneys at SMDA are available to answer all of your questions and guide you through your case.

If you or a loved one have been injured through no fault of your own, we invite you to contact the attorneys at Serafini, Michalowski, Derkacz & Associates. The sooner you call, the sooner we can help you. Our main office is located in Sterling Heights, however, if you are unable to come into the office, one of our attorneys will come to you. We offer FREE CONSULTATIONS so call us today (586) 264-3756.

Jury Awards $1.26 Million for 1-Car Crash

Serafini, Michalowski, Derkacz & Associates — Fri, 13 Nov 2015 05:00:00 GMT

SMDA partner, Phil Serafini, obtained an outstanding result in a automobile No-Fault case.

A minor, Alison Monaco, was involved in a serious 1-car accident and sustained serious and life-changing injuries. Our firm was contacted by her mother one day before a lawsuit had to be filed to against the insurance company, Home-Owners, for denying her daughter’s Michigan No-Fault Insurance Benefits.

Home-Owners insurance company denied the claim because at the time of the accident, the Alison was 15-years-old and driving without a parent in the car, contrary to Michigan law. Her mother had given a statement to Home-Owners that her daughter did not have permission to drive the car on the day of the accident. Her father allegedly made a comment at the scene that could be construed as meaning that his daughter did not have permission as well.

The primary issue for trial was whether the minor had her parents’ permission to take their car on the date of the car accident. If she had taken the vehicle without permission, she would be barred from no-fault benefits under MCL 500.3113(a). Her mother testified at trial that her daughter did have permission to drive the car. She testified that she had lied to Home-Owners when she was giving her statement because she was concerned that, as the owner of the car, she could go to jail and would be unable to care for her catastrophically injured daughter.

Her father also testified at trial that Alison did have permission to take the car on the day of the accident, and that he did not recall the alleged statement at the accident scene. However, if such statement was made, it would have been directed towards her mother as he initially disagreed with her decision to let Alison take and operate the vehicle without a parent present. Alison’s discovery deposition, now deceased, was read at trial. She also testified she had parents’ permission to regularly take and use the car before and on the date of her accident.

The key to winning the case was establishing a pattern of use of the vehicle, by the minor while alone, prior to the accident. A half dozen witnesses testified that they repeatedly saw Alison driving the car, by herself, to work, school and softball practice over the course of more than a month leading up to the car accident. This pre-accident permissive use of the vehicle was consistent with the trial testimony of the parents and their daughter before she passed away. It was also consistent with the unrebutted testimony of one of the minor’s teachers, and her parents, that she was on her way to school to take a test when the accident occurred.

Trial lasted three days. The Jury was out only two hours. The Jury agreed that Defendant failed to meet its burden of proof that Alison did not have permission to take the vehicle on the date of the motor vehicle accident and awarded the minor $246,897.39 in damages. The Intervening Plaintiffs were awarded $1,018,466.99 in damages.

SMDA WINS UNDERINSURED MOTORIST VERDICT

Serafini, Michalowski, Derkacz & Associates — Thu, 24 Feb 2011 05:00:00 GMT

SMDA Partner, Patrick Derkacz, just finished a trial this week for a client who was injured in a 2004 crash. We sued his insurance company for underinsured motorist (UM) coverage. This is coverage which you buy for yourself which should pay if you get in a car crash and the at-fault driver does not have enough coverage.

Our client suffered a serious injury to his ankle called a sub-talar dislocation. He soon developed post-traumatic arthritis. He walks with a limp and has ankle pain every single day. His doctors have offered ankle fusion surgery but cannot promise him that it will relieve his pain.

The Insurance company took the position that the money paid by the at-fault driver’s insurer (Allstate-after years of litigation) $100,000 was “adequate compensation.” We strongly disagreed.

The case was complicated by the fact that my client is the owner of a small business with strong ties to the auto industry who experienced a significant decline in revenue the year before the crash. The Insurance company argued that his loss of income was solely due to the economic conditions of the industry, rather than his serious ankle injury.

We are glad to report that the jury completely rejected the insurance companies arguments and entered a verdict for more than $900,000.

SMDA OBTAINS JUDGMENT AGAINST STATE FARM (AGAIN)

Serafini, Michalowski, Derkacz & Associates — Thu, 16 Dec 2010 05:00:00 GMT

SMDA client SG suffered devastating and life altering injuries in a head on highway speed collision on May 15, 1987. She was found under the dashboard and life flighted to the hospital. She was insured with State Farm at the time of the collision.

During the ensuing years, SG and her family noticed that she developed progressively worsening tremors. She was eventually diagnosed with Dystonia which is a neurological movement disorder that causes sustained muscle contractions where her muscles will spasm to the point that her body twists involuntarily or engages in repetitive movements or she is paralyzed in abnormal positions for extended periods of time without advance warning.

SG’s doctors determined that her condition was due in part to the devastating injuries she suffered in the crash and that she needed help to care for herself when she suffered these tremors. State Farm refused to honor the claim. State Farm again hired a number of highly paid and frequently used doctors who examined SG and not surprisingly testified SG’s problems were not related to the crash.

SMDA filed suit and after a 3 week trial the jury determined that SG’s Dystonia was related to the car crash and ordered State Farm to pay for her accident related medical care. The jury did not believe the testimony offered by State Farm’s highly paid and frequently used doctors.

SMDA OBTAINS JUGMENT AGAINST STATE FARM

Serafini, Michalowski, Derkacz & Associates — Thu, 16 Dec 2010 05:00:00 GMT

SMDA client, CT was rear-ended on June 7, 2004. AT the time she was insured with State Farm. CT suffered a herniated disc in her neck and underwent fusion surgery about 6 months later. State Farm paid personal injury protection (PIP) benefits (consisting of medical bills and replacement services) for about two years and then terminated all benefits based on the opinions of several doctors they hired to offer an opinion. Not surprisingly, these highly paid and frequently used reviewers said CT’s ongoing problems were not related to the car crash.

SMDA filed suit on CT’s behalf in December of 2008 to make State Farm pay for her ongoing medical care and treatment. State Farm waited until the day of trial two years later (December 6, 2010) to offer to settle the case for about 60 percent of the unpaid medical bills. CT and her counsel (SMDA partner Patrick Derkacz) said no thanks to that.

After a 3 day trial the jury returned a verdict in CT’s favor and determined that State Farm owed every single penny that CT asked for. The jury also determined that the medical bills were overdue and ordered State Farm to pay penalty interest.

State Farm must spend alot of money on those TV commercials trying to convince everyone that they are “good neighbors.” In this firm’s experience, State Farm is one of those neighbor’s who never cuts their grass, has a broken down old car in the driveway and yells at all the neighborhood kids.