A wrongful death suit may be filed when a victim is killed due to negligence, a defective product, faulty construction, a workplace accident or an intentionally harmful act. The court will appoint a “personal representative†of the estate of the deceased victim, and the personal representative may then file a “wrongful death†claim for the survivors/family members (on all their behalf and to protect all of their interests in one, consolidated action).
Theft
Misdemeanors
The firm assisted a client in a one-vehicle accident in obtaining dismissal of misdemeanor charges for allegedly leaving the scene of the accident. The firm performed some factual investigation and legal research, which produced a good result for the client.
Hit and Run
Commercial truck accident - Work Injury -- Hit-and-run driver - Uninsured/Underinsured Motorist Insurance -- Insurance Coverage Litigation - Arbitration Award enforcement -- $1.2 million recovered
The firm recently assisted several small businesses with negotiated resolutions of amounts due under contracts, and also with litigating contract disputes.
Trade Secrets
Small Business Law
A small businessman operating a concrete contracting business was hired by a local municipal government to make big improvements to one of the municipality’s public parks. His company performed the upgrades and installed of a lot of new equipment and other installations for the municipality. Unfortunately, the municipality sought to withhold 10% of the payments that were due and owing to his company for its work. So, he retained the firm to assist him in obtaining full payment. The firm filed written submissions to the municipality, and also made in-person appearances to attend a public meeting before the village officials to persuade them to do the right thing, and make full and complete payment as was due and owing under the contractual agreement. This work paid off, as the municipality did agree to make full, complete payment. The matter was worked out efficiently and without formal litigation.
A commercial truck driver had a terrible day at work, when a car pulled out into the path of his 18-wheeler. He braked and tried to swerve, and suffered severe right wrist fractures when his tractor trailer jack-knifed. Sadly, the at-fault car driver fled the scene without taking responsibility for causing the crash or even calling for help. The truck driver's employer had purchased $1 million in uninsured/underinsured motorist insurance coverage from an international insurance company. Unfortunately, the employer and insurance company joined forces to fight the truck driver's claim. The insurance company had sold the policy to the employer with a "$150,000 self-retention" (essentially, a huge "deductible" payable by the employer in the event of a claim) which provided the employer a powerful incentive to "cooperate" with the insurer's arguments that there was no coverage intended for employees, like the truck driver who suffered disabling injuries in this hit-and-run accident. Extensive investigation and discovery of internal insurance documents led to a favorable result for the client. The trial court granted Mr. Zelenock's motion to enforce a $775,000 arbitration award in favor of the trucker and also granted Mr. Zelenock's motion on the insurance coverage issues, defeating the arguments of the employer and the international insurance giant. Judgments totaling approximately $1 million were entered against the employer and insurer. They appealed and lost. $1.2 million was recovered, as taxable costs and interest were also collected from the insurer. After losing the appeal, the insurer filed an additional motion in the trial court to attempt to reduce the recovery. The insurer asserted it was entitled to reduce the award by the amounts of all worker's compensation benefits paid to the trucker pursuant to the worker's compensation statute. Mr. Zelenock filed a motion to extinguish the insurer's alleged statutory lien. The trial court granted Mr. Zelenock's motion, entered an order extinguishing the alleged lien, and sanctioned the insurer an additional $4,400 for raising the lien issue.
Wrongful Termination
Although much employment is “at-will†, there are some important exceptions to the at-will rule that may help your wrongful termination case. Our legal team examines written contracts explicitly promising job security, implied promises, breaches of good faith and fair dealing and violations of public policy.
Employment Discrimination
When workers file claims for employment discrimination, unemployment compensation and workers’ compensation, these claims fall under employment law. Likewise, overseeing workplace safety and standards, fair wages, retirement and pensions, and much more, are part of this wide-ranging legal area. Employment law deals with both the employer and the employee’s actions, rights and responsibilities, as well as their relationship with one another.
Employment Contract
The firm assisted an employee with reviewing the terms of his employment contract, given his desire to separate from the oppressive conditions he was suffering in his current job. The firm provided advice and counsel on the best ways to move forward and reach a successful resolution to the issues with the company.
Employment Litigation
In addition to civil litigation work in state and federal courts, the Firm also provides clients with professional advice, counsel and representation regarding civil matters not in active litigation, including advice about real property matters, employee benefits, and contract and employment disputes, as well as probate and small business matters.
Non-compete Agreement
An employee left the company where he worked for a long time and had to find new work; however, the employer who had laid him off unfairly during the pandemic also tried to enforce a noncompete agreement in a way that would preclude the client/employee from working in his field. The firm assisted the client by offering advice and counsel and also communicating with the new company’s legal department to reach a reasonable resolution that allowed the client to go to work in new employment while also not running afoul of his existing noncompete agreement.
Severance Agreement
The firm assisted a long-time employee with advice and counsel regarding a severance agreement from his long-term employer. The employee was very pleased with the result and the separation from his employer.
Sexual Harassment
If you’ve been the victim of sexual harassment (verbal or physical), please contact the team at Jay Zelenock Law Firm.
The firm was able to assist a client in recovering a monetary settlement, after she was injured in a premises liability incident. Michigan’s “open and obvious†doctrine makes premises liability cases involving snow and ice difficult in many circumstances, but this case was an exception. As a result, the client received a favorable settlement.
Construction Litigation
We represent owners, contractors, developers and architects in both simple and complex issues within construction law, contract law and property law. When it comes to construction law, we deal with all areas of the legal process from the initial bid to project completion as needed. Within condominium law, we naturally deal with areas of law regarding the creation and maintenance of condominiums.
Land Use and Zoning
Landlord-Tenant Disputes
A property owner leased out a portion of farmland and a house to an acquaintance. Unfortunately, the relationship deteriorated, even though the landlord and tenant had known each other personally for many years. The firm assisted the landowner with negotiating a resolution to their disputes, where the tenant agreed to move out quickly and do no damage to the property. The parties put all of their disputes behind them. The resolution and move-out was negotiated and resolved completely in less than two weeks, which was a great outcome for the landowner.
Property Damage
In the aftermath of the terrible storm that swept through Northern Michigan on Sunday, August 2, 2015, many people in the area suffered very substantial property damage and financial losses (repair bills; lost rents and income, etc). As a result, many people will need to make insurance claims with their own insurance company or, in some cases, with someone else’s insurance company.
Condominium Law
A residential property owner hired a contractor to construct an outdoor patio and perform landscaping. After accepting the property owner’s initial deposit, the contractor repeatedly delayed the project, changed the project’s design without approval, and left large portions of the property a mess. Through negotiation, the firm was able to help the client reach an agreement with the contractor whereby the project was completed to the satisfaction of the property owner.
Our team helps clients with personal injury cases: car, truck, motorcycle and commercial vehicle accidents. Read More
Auto Accidents
Social Security Disability
Disability insurance can mean either benefits through a private policy or disability payments through Social Security. The team at Jay Zelenock Law Firm defends client’s rights to disability insurance and advocates for clients to be awarded support in a timely manner. In the case of Social Security disability support, if you are at first denied this benefit, our team can help you appeal to get the support you need.
Dog Bites
Under Michigan law, the owner of a dog is strictly liable if their dog bites a person without provocation. This is true if incident occurred on public property, lawfully on private property or on the dog owner’s own property if the victim was not trespassing on the dog owners land, or was not otherwise on the property to do something unlawful or criminal. The dog bite statute indicates...
The firm assisted a client with the administration of a probate estate. The estate included real property with chain of title issues. The firm was able to clear up issues with the title to effectuate a sale of the real property. The firm was also able to effectuate the transfer of retirement accounts as part of the administration of the estate.
Wills
Trusts
Our team can help people faced with a dispute over an estate, an inheritance or an elder law question. We can help with creating a will, living trust, power of attorney, or living will. We can help with drafting probate court forms, administering wills, distributing assets which helps put our clients’, and their families’, minds at ease. By being proactive in these matters we can help you in avoiding probate and estate tax, where appropriate under applicable law.
Power of Attorney
Probate
The firm recently assisted a long-time client with completing a detailed estate plan to address a “blended family” situation appropriately.
A client had his hours cut at work and was unable to make his monthly mortgage payment. The client reached out to his lender, but the lender was unwilling to refinance the home and initiated foreclosure proceedings. The client contacted the firm and we were able to negotiate with the client’s lender to avoid foreclosure and reach a favorable settlement agreement for the client.
Tax Law
Taxation issues hit almost every area of life and law, including business, employment and property transactions. Our lawyers assist clients with strategic advice, counsel and assistance to enable them to plan and minimize their tax bills to the extent appropriate under applicable law. Tax law can present complex challenges. It’s essential for you and your business to work with tax lawyers that know the law.