Personal Injury Lawyers in Brainerd Bust 5 Common Myths

When you are involved in a car crash, you need to get the required medical attention immediately. The aftermath of a car crash is never easy to deal with. You will most likely end up with expensive medical bills, little or no income, and maybe even a permanent disability.

To recover these losses, you will need to file a personal injury claim. While this is the best course of action, you need to ensure to do it right. Unfortunately, there are a lot of myths flying around about the personal injury claims process. As a result, most people either fail to file a lawsuit or settle for less.

Let’s take a closer look at the most common myths surrounding personal injury claims.

1. Minnesota Personal Injury Claim Takes Years

Probably the most common myth is that a Minnesota personal injury claim can take years to resolve. The truth is, each personal injury claim is unique, making it difficult to determine the exact timeline. Usually, a complicated case may take longer to resolve than a simple one.

The timeline will also change depending on whether your case goes to trial. Trials are usually lengthy and expensive. However, most personal injury cases don’t go to trial. Most cases get resolved the moment both parties reach a reasonable settlement. To get a better idea of how long your case can take, make sure to consult experienced personal injury lawyers in Brainerd.

2. Fault Doesn’t Matter in Minnesota

When it comes to car crashes, Minnesota is one of the few no-fault states in the US. In this system, your own insurance company will cover your medical bills, lost wages, and replacement expenses. You will get this compensation regardless of who caused the accident.

However, the insurance company will cover these costs only up to your Personal Injury Protection or PIP limit. Also, you can’t claim compensation for your pain and suffering and other non-monetary damages under the no-fault system.

If you have incurred medical expenses of more than $4000 and/or suffered 60 days of disability, permanent injury, or permanent disfigurement, you can step outside of the “no-fault” system. As you will be pursuing a claim against the at-fault person, you will need to prove the fault. When you step outside the no-fault system, you can claim compensation for pain and suffering and other non-monetary damages.

3. You Don’t Need a Lawyer

Technically, you can file a personal injury claim on your own. However, the Minnesota personal injury law is quite complicated, making it difficult for you to get the best possible compensation. Furthermore, most insurance companies are looking to save money. As a result, they will offer the lowest possible compensation and try to settle the case as quickly as possible.

It is also possible that your minor injuries may develop complications down the line, resulting in considerable medical expenses. Each hospital visit will dig a hole into your savings. As a result, you are better off hiring one of the most experienced personal injury lawyers in Brainerd, no matter how minor your injuries look.

4. You Can File a Claim Anytime You Want

When you are in a car crash, you need to focus on your treatment first. However, you cannot wait to file your personal injury lawsuit until you have fully recovered. Serious injuries can take weeks or even months to heal. In Minnesota, there is a strict time limit for filing a personal injury lawsuit.

As per Minnesota’s personal injury statute of limitations, you have a two-year deadline for filing a personal injury lawsuit. The deadline begins on the date of the said accident. In most cases, filing a claim after the deadline will result in immediate dismissal.

However, there a few exceptions when you are allowed to file a lawsuit even after the deadline has passed. Most personal injury lawyers in Brainerd can tell you how the statute of limitations applies to your claim only after a careful review. Make sure to consult an attorney soon.

5. Partly At-Fault Means Zero Compensation

You can file a personal injury claim though you were partly responsible for the accident. In Minnesota, the court offers each party a fault rating. You will receive compensation based on your rating.

If you have a lower fault rating, you are likely to receive higher compensation and vice versa. You must, however, remember that these rules apply if you step outside the no-fault system. Also, there are no guarantees of how much compensation you will receive or whether you will receive it at all.

More often than not, insurance companies use every possible defense to avoid paying. The smartest thing to do is hire an attorney with an excellent track record and experience.

Conclusion

Given the amount of misinformation out there, making an informed decision when filing a personal injury lawsuit is not easy. To help you find the truth, we have debunked the five most common myths associated with filing a personal injury claim in Minnesota. Hopefully, these tips will help you decide your next course of action.

Consult the Leading Personal Injury Lawyers in Brainerd Today!

If you or your loved one has been in a car crash in Minnesota, there is no need to look beyond Carlson & Jones, P.A. to fight for your rights. As one of the best personal injury lawyers in Brainerd, we will help you get fair compensation. You can call us at (855) 976-2444 or contact us online to know how we can help.

What Is Wrongful Death in Personal Injury in Minnesota?

The death of a loved one is a tragic experience irrespective of the circumstances. It can be even more devastating if the demise was caused due to someone else’s actions.

When someone dies or is killed due to another person’s negligence or misconduct, the surviving members of the deceased’s family can file a wrongful death lawsuit against the person responsible for their death.

In Minnesota, wrongful death is defined as a death that is “caused by the wrongful act or omission of any person or corporation.”

The filing of a wrongful death case is followed by a trial, where evidence is presented by both parties. However, the evidence is treated with a lower standard of proof compared to criminal cases.

Before going further into what wrongful death means in Minnesota, let’s understand the basics.

Personal Injury in Minnesota

A claim of personal injury in Minnesota is filed by the person who was hurt. The ultimate objective of filing a personal injury lawsuit is to receive monetary compensation for the injuries and losses endured from the responsible party.

Personal injury damages are of two types: economic and non-economic.

  • Economic damages are tangible and, therefore, easy to calculate. They include costs related to medical and treatment bills, lost wages, vehicle or property repairs, and legal fees.
  • Non-economic damages are intangible but cover compensation for very real losses. They include emotional/mental pain and suffering, disabilities, disfigurement, loss of companionship, and loss of quality of life.

Wrongful Death Lawsuit in Minnesota

A wrongful death lawsuit differs from a claim of personal injury in Minnesota. It is essentially filed by a family member of the individual killed due to another party’s negligence. This means that the lawsuit may be filed by the deceased’s parent or legal guardian, spouse, or child.

The damages that can be recovered from a wrongful death case differ by state. A demand letter or the Minnesota pain and suffering damages letter outlines the case facts and mentions a compensation amount to settle the case.

Broadly speaking, plaintiffs are liable to receive compensation for the following types of losses:

  • The deceased’s expected future income along with benefits, such as pension or health insurance
  • Medical costs incurred before death
  • Funeral costs
  • Burial costs
  • Value of services/goods the deceased would have provided
  • Survivors’ mental pain and suffering
  • Loss of companionship or consortium
  • An expected inheritance

A claim of wrongful death can arise due to several circumstances, including but not limited to:

  • Medical malpractice or negligence leading to the victim’s death
  • A vehicular accident
  • Criminal conduct, including murder
  • Use of a dangerous product
  • Occupational exposure to hazardous environment or materials
  • Death during a supervised activity

Components of a Wrongful Death Lawsuit

A wrongful death case comprises the following elements:

  • The death of an individual
  • The death should be the result of another person’s negligence
  • The death can also have occurred due to the other person’s intent to inflict harm
  • The surviving members suffering monetary hardships due to the death of the victim
  • The appointment of a representative for the deceased’s estate

Who Can File a Wrongful Death Lawsuit in Minnesota?

Only the deceased’s spouse, child, or next of kin can file a wrongful death lawsuit in Minnesota. “Next of kin” typically refers to the deceased’s parents, siblings, and grandparents, but may include other family members as well.

To file a lawsuit, the eligible member should be appointed as a trustee by the Minnesota court. There are several legal considerations that go into determining who is and isn’t eligible for this. Hence, it is a good idea to consult an experienced wrongful death attorney in Minnesota about this matter.

Only a competent lawyer will be able to guide you through the complex legal maze and help you bring in your wrongful death claim with minimal hassles. Whether it is drafting the Minnesota pain and suffering damages letter or representing you in court, a reliable attorney can do it all and prove to be your best ally. Depending on your case facts, they will also devise a strategy to help maximize the compensation due to you.

Minnesota Statute of Limitations

Like all states, Minnesota has a set time limit within which the plaintiff may file a wrongful death case in court. This time limit is known as the statute of limitations. In Minnesota, a wrongful death case should be filed within three years of the victim’s death. If you file the claim, later on, the court will likely not hear your case.

It is, however, important to remember that claims can also be filed as per the “discovery rule” exception if the cause of death was determined at a later date.

You may want to discuss your case details with a knowledgeable Minnesota wrongful death attorney, and find out if the exception is applicable to your claim.

Conclusion

The loss of a loved one can leave the surviving family members distraught. When death is caused due to the negligence or wrongful conduct of another person, it is even more painful. In such cases, you may be entitled to receive fair compensation for your losses and suffering. Working with an experienced Minnesota wrongful death lawyer can help you achieve positive outcomes in your case. Other than that, the above information should give you a basic understanding of what wrongful death cases entail and how they differ from cases of personal injury in Minnesota.

Speak with a Competent Minnesota Wrongful Death Lawyer Now

If you’ve lost a family member due to the negligent or wrongful actions of another, you need to speak to our team of wrongful death lawyers at the earliest. While no amount of money will replace your loved one’s presence, we will help you receive monetary compensation to ease your financial burden and bring the responsible party to justice. To schedule a free consultation, call us at  (855) 976-2444 or contact us through our online form.

Do You Need a Brainerd Lawyer Even If You Did Not Cause the Accident You Were In?

Car accidents occur more commonly than you think. Every year, the average number of car accidents in the U.S. is 6 million, with around 2 million drivers in car accidents experiencing permanent injuries. In other words, you or your loved one is likely to be in a car accident at some point in their lives.

Surviving a car accident is quite challenging, especially if you have suffered serious or permanent injuries. Managing the high cost of medical treatments, dealing with the emotional and financial stress, and finding a new job or career is often easier said than done. That’s why no one wants to be in a car crash ever.

However, should you find yourself in this precarious situation through no fault of your own, you need to keep the following in mind.

A. Should I Hire an Experienced Personal Injury Lawyer in Brainerd, MN Even Though I Wasn’t at Fault?

Yes, you should!

Most people think that as the accident wasn’t their fault, they don’t need to hire a lawyer. However, even if the car accident was not your fault, you still have the right to hire an attorney and you should exercise this right as quickly as possible.

The fact is, in most personal injury cases, things are less likely to work out in your favor even though the accident wasn’t your fault. That’s why you need to hire an experienced personal injury lawyer in Brainerd, MN as soon as possible.

Your lawyer will guide you through each step of filing the personal injury claim. Here are a few more compelling reasons why you should hire a personal injury attorney even if the car crash wasn’t your fault.

1. Focus on Your or Your Loved One’s Health

One of the most critical benefits of hiring an experienced personal injury lawyer in Brainerd, MN is that you can focus on your own or your loved one’s health. As your lawyer will take care of all the legal paperwork, filings, and preparation for negotiations, you can stay focused on your or your loved one’s complete and speedy recovery.

With emotional stress running high, you or your family members will be ill-equipped to keep track of everything, especially on the legal front. During recovery, you will also need to follow the doctor’s advice properly, including any lifestyle changes, to ensure a speedy recovery.

Following the appropriate recovery, the regimen is also critical for negotiating a favorable settlement. Every medical process you follow is evidence that can help determine the true extent of your injuries, and ask for compensation accordingly. Your lawyer knows this only too well, and they will also ask you to focus on your full recovery.

2. Help You Negotiate a Favorable Settlement

Another significant advantage of having an experienced personal injury lawyer in Brainerd, MN on your side is that you improve your chances of getting a favorable settlement.

Minnesota is a no-fault state, which means vehicle owners are required to carry a Personal Injury Protection or PIP of $40,000. Under this system, your insurance company will pay $20,000 for medical expenses and $20,000 for non-medical expenses per person per accident regardless of whose fault it was. You can also purchase coverage beyond this minimum threshold.

However, when the other driver is found to be at fault, and your injuries and/or losses exceed the insurance policy limits, you can pursue compensation from the said driver. Depending on the circumstances of your case, the calculation of Minnesota pain and suffering damages can get a little tricky.

That’s where a competent personal injury lawyer can come to your aid. They will analyze the physical and non-physical evidence, such as witness testimony, to strengthen your claim. Your lawyer will help you navigate the complicated no-fault system to make sure you get the most favorable settlement based on the circumstances of your case.

With the help of your attorney, you can get compensation for the following economic and non-economic damages:

  • Medical expenses
  • Pain and suffering
  • Lost wages
  • Property losses or damages
  • Physical therapy

3. Make Sure to Hire a Competent and Experienced Personal Injury Lawyer in Brainerd, MN

To increase the chances of a favorable settlement, you must find a competent and experienced personal injury lawyer in Brainerd, MN. Make sure the lawyer has successfully handled cases similar to yours before hiring them.

Experienced local lawyers are often familiar with the court proceedings, authorities, and law enforcement officers. They also know the legal limitations of your claim. As a result, they can offer you the best legal advice. That’s why you need to do a little digging before hiring a lawyer.

Conclusion

No one wants to be in a car crash. However, if you have been in an accident, you should find a skilled personal injury attorney even if it wasn’t your fault. From allowing you to focus on your complete and speedy recovery to working towards achieving a favorable settlement, your personal injury lawyer can help you in several different ways. Hopefully, understanding these benefits will encourage you to hire one, should the need arise.

Hire an Experienced Personal Injury Lawyer in Brainerd, MN!

If you or your loved one has been the victim of a car accident, Carlson & Jones, P.A. is here to help you. Our professional, skilled, and assertive personal injury lawyers will help you get the most favorable settlement. You can call us at (855) 976-2444 or contact us online through our website to find out how we can help you.

How to Prove Medical Malpractice in Hutchinson, MN?

People go to hospitals and doctors to feel better. Sometimes, however, the healthcare provider’s negligence can cause your health to deteriorate further. If your healthcare provider fails to provide you with the necessary care and treatment, you can file a medical malpractice lawsuit against them to recover damages.

According to the 2019 Medical Malpractice Payout Report presented by LeverageRx, the top three allegations in medical malpractice in the US were related to diagnosis (34.1%), surgery (21.4%), and treatment (21.1%).

Filing and winning a medical malpractice claim is often a challenging task. That’s why it is necessary to understand how the process works in Hutchinson, MN.

Here is what you need to know.

1. Understand the Definition of Medical Malpractice in Minnesota

Medical malpractice is nothing, but the consequence of professional negligence by a healthcare provider. It can lead to severe health issues, injuries, disabilities, and even fatalities, in some cases. Medical malpractice is a part of Minnesota’s personal injury law.

According to the Minnesota Statutes Section 541.076, medical malpractice is an action by a patient or former patient against a healthcare provider alleging malpractice, error, mistake, or failure to cure.

As per the law, the healthcare provider can be a physician, surgeon, dentist, occupational therapist, other healthcare professionals, hospital, or treatment facility. Minnesota has a four-year statute of limitations for filing a medical malpractice claim. You can file this lawsuit with the help of an experienced personal injury lawyer in Hutchinson, MN within this time limit.

2. Critical Factors for Filing a Successful Medical Malpractice Lawsuit

In a medical malpractice lawsuit, the burden of proof rests on the plaintiff or the patient. That’s why having an experienced personal injury lawyer in Hutchinson, MN on your side is extremely critical. To file a successful medical malpractice claim, you need to establish the following four factors or elements:

1. Doctor-Patient Relationship

To prove that a healthcare provider’s negligence caused you harm, you must first prove that there was a doctor-patient relationship at the time of the alleged incident. However, as this is not a very difficult element to prove, the defendant is unlikely to challenge it.

2. Negligence or Breach of Medical Standard of Care

The medical standard of care is the most critical element in a medical malpractice claim. In the eyes of the law, a breach of the medical standard of care occurs when a healthcare provider acts out of the accepted standard of patient care.

Usually, your experienced personal injury lawyer in Hutchinson, MN will call a medical expert to testify as a witness and tell the judge and the jury what a skilled professional would have done in a similar situation. Likewise, the defendant can also present the court with expert witness testimony to support their actions.

3. Breach of Medical Standards of Care Caused the Injuries

The next step is to establish the link between medical negligence and your injury or illness. You have to prove that the healthcare provider’s negligence made your existing medical condition worse or caused additional harm or suffering. Again, you can use expert testimony to help establish this element of your claim.

4. Injuries or Illness Resulted in Real and Compensable Damages

The last step is to prove that you have suffered real and compensable damages due to the said negligence. You can ask to recover the cost of additional medical treatment, medication, and lost income. You can also get compensated for emotional and physical pain and suffering.

3. How Much Compensation Can You Get?

Minnesota personal injury law is quite complex, plus each medical malpractice case is unique, making it difficult to say how much compensation you can get. However, the latest available data states that in 2018, there was a total medical malpractice payout of $39,211,800 in Minnesota, with an average payment of $653,530.

However, you should consult an experienced personal injury lawyer in Hutchinson, MN to discuss your case. Don’t jump to any conclusions or accept any offers from the healthcare provider or their insurance company before talking to your attorney.

4. How an Experienced Personal Injury Lawyer Hutchinson, MN Can Help

Your attorney will play a critical role in helping you file a successful medical malpractice lawsuit. As you can see, these lawsuits often involve several medical expert testimonies, in-depth investigations, and usually a long and arduous trial. Your lawyer will help you gather the necessary evidence, file the paperwork, and prove these four elements in court.

Make sure to hire an experienced personal injury lawyer in Hutchinson, MN who specializes in handling medical malpractice claims. The more experience the lawyer has, the better

Conclusion

Medical malpractice claims are very complicated. Hopefully, this brief article will help you understand the process, law, and the legal intricacies involved in such claims. However, as this certainly isn’t the type of legal matter that you can handle without a team of professionals, you should consult a competent attorney as soon as possible.

Consult an Experienced Personal Injury Lawyer in Hutchinson, MN Today!

If you are thinking of filing a medical malpractice lawsuit in Minnesota, you can get the best legal help at Carlson & Jones, P.A. Our expert lawyers can help you get the compensation you deserve. Call us on (855) 976-2444 or contact us online to schedule an appointment.

How to Get More Money from Personal Injury Claim in Hutchinson, MN

If you’ve suffered an injury due to someone else’s negligence, you may be eligible to receive compensation for your losses. This compensation is meant to cover all your injury-related costs, from medical bills to lost wages, and more.

To get the best chance at regaining some normalcy in your life, you will need to have a legal strategy. As experienced personal injury lawyers in Hutchinson, MN, we understand that certain aspects of your case can be used to your advantage. Depending on your case facts, you can make the most of your Minnesota personal injury claim.

Here are a few tips that can be helpful.

1. Consult an Experienced Personal Injury Lawyer in Hutchinson, MN

This will probably be the most important step you will take to maximize your settlement amount. However, you should work only with a skilled lawyer, who is experienced in handling cases similar to yours.

To ascertain this, ask them questions about their past personal injury cases and their outcomes. You can also ask for references of previous clients. A truly successful lawyer will have no reason to hide anything.

Also, find out about their trial experience. You don’t want to be stuck with lawyer who will force you to accept a low compensation to skip the time and hassle of going to trial.

Ask them about their fees and payment plans. They should be clear and transparent in this aspect. Before signing the dotted line, enquire who will handle your case, and make sure you are comfortable with all the terms and conditions of the agreement.

2. Gather and Preserve Evidence

If your case goes to trial, you will have to present sufficient evidence to prove your claim. You should, therefore, start collecting physical evidence immediately after sustaining your injury. Delaying this or being careless can lead to the evidence getting misplaced or lost. Further, you may not be able to remember the details later. Here’s a list of the evidence you need to gather and preserve:

  • Depending on the cause of your injuries, take photographs of the accident site or defective product, along with visible injuries, such as bruises, cuts, swelling, redness, and so on.
  •   If you were in an accident, note the name of the street or some landmarks, and any other location-related information. Make sure to call the police.
  • If your accident occurred on someone’s property, report the incident to the property owner or resident.
  • Get contact information of witnesses.
  • Get a copy of the video surveillance of the incident, if available.

3. Provide All Medical Documentation

In order to prove your claim, you will have to show that you are, in fact, injured. When seeking medical treatment, your doctor will document every detail you give them. You should, therefore, be aware of every body part that hurts, and every impairment that has affected your movements and normal way of life.

Make sure to tell your doctor everything. Their diagnosis will have a huge influence on the value of your claim

4. Follow All Prescribed Treatments and Procedures

If your doctor has prescribed certain exercises or physical therapy to treat your injuries, you should attend every session. If you’ve been advised medication, fill each prescription. In case your doctor has asked you to see a therapist for PSTD, do as you’re told.

Further, keep a proper record of all your doctors, their contact details, and the appointment dates. Preserve receipts of prescriptions and medicines. If you need additional equipment, such as canes, braces or bandages, keep receipts of those too to claim future damages.

5. Be Clear on the Value of Your Claim

Don’t make the mistake of assuming that you’re limited to claiming only one type of damage. You should know that you can claim compensation for loss of regular use of bodily functions and also emotional damages. You can also recover your out-of-pocket losses and include future damages as a part of your claim.

To understand your claim completely and set an appropriate settlement expectation, it is highly recommended that you consult an experienced personal injury lawyer in Hutchinson, MN.

6. Don’t Jump on the First Offer You Receive

When you’re recovering from serious injuries and paying enormous treatment bills, you may be tempted to accept the first settlement offer you receive from the at-fault party. However, this can prevent you from maximizing your compensation.

If you want to get the best compensation, you need to let the at-fault party know that you will go to trial, if needed. This means rejecting any low-ball offer they make. You also have to convince them that you have a strong case with valid documents to prove your assertions.

Rejecting insufficient settlement will show the other party that you are committed to getting the compensation you deserve. It is wise to consult an attorney in this regard.

7. Make Your Lawyer Your Ally

When you file your claim, you will start getting calls from the insurance adjuster, who will try every trick in the book to reduce your settlement amount. In such cases, you should let your experienced personal injury lawyer in Hutchinson, MN handle the adjuster.

They will be aware of the insurance company’s backhanded tactics and deal with them accordingly. Do not give the adjuster any statement or sign any document before having everything go through your attorney first.

Conclusion

Minnesota law can be complex, especially when it comes to personal injury claims. Working with a seasoned personal injury lawyer will almost always be helpful. With their help you can not only decide on the right compensation amount, you can also figure out a strategy to get it. All you will need to do is be prepared and patient, and you will most likely receive a positive outcome.

Contact an Experienced Personal Injury Lawyer in Hutchinson, MN Today

Dealing with a Minnesota personal injury claim without proper legal counsel can leave you feeling helpless. The team of personal injury lawyers at Carlson & Jones, P.A. will patiently listen to your side of the story and provide you with an honest evaluation of your case. We will help you make the most of your situation so there is no room for regrets in future about the compensation you receive.  For a free consultation, call us at (855) 976-2444 or contact us through our online form.

Do Personal Injury Cases Settle After Deposition in Brainerd, MN

If you or your loved one gets injured in a car accident or slips and falls in a store due to someone else’s fault, it can turn your life upside-down. You and your family are faced with mental and physical stress, along with financial difficulties as medical treatments are often very expensive.

The good news is that you can file a personal injury lawsuit to hold the guilty party responsible for the injuries and damages they have caused. Inpersonal injury lawsuit in Minnesota, pain and suffering damages will be paid to the plaintiff as soon as the case is settled. The biggest question, however, every plaintiff tends to ask is, “Do personal injury cases settle after deposition in Brainerd, MN?”

The fact is, a personal injury case can be settled anytime during the legal proceedings. When your case will settle and how much you will get paid will depend on a few case-specific factors. These include how willing the insurance company is to pay you, how concrete your evidence is, and how your experienced personal injury lawyer in Brainerd, MN thinks.  

To answer your questions, let’s see what deposition is and whether your case will settle after or before it happens.

1. What Is a Deposition in Brainerd, MN?

Deposition is a critical stage in the discovery phase of a personal injury case, which usually happens after the case is filed, but before it goes to trial. In a deposition, attorneys from both parties ask questions to the witnesses, including you and the at-fault party, who are under oath.

Although depositions are informal hearings, as the deponents (the people being deposed) are under oath, they are required to answer honestly. A court reporter is also present during the deposition to record everything that happens during the proceedings. As you can see, deposition is a critical part of the legal process because it establishes the facts and circumstances of your case.    

To make sure you are not taken advantage of when being deposed, you need to have your own attorney to help you. Make sure to hire an experienced personal injury lawyer in Brainerd, MN, who can help you share your side of the story on-the-record without any undue pressure.

Your attorney can also help you prepare for the deposition through role-play. And of course, they will also depose witnesses and the other party. The fundamental purpose of a deposition is to allow both parties and their lawyers to evaluate the strength of witness testimony, and how it will be perceived by the jury in the actual trial.

2. What Happens after a Deposition in Brainerd, MN?

Once the deposition is over, the next step is reviewing the transcripts. At this stage, both lawyers will go through the deposition transcripts carefully to determine their strength or weakness. If this research reveals that more witnesses need to be deposed, you or your opponent’s attorney will schedule the said depositions.

In most personal injury lawsuits, the defendant will also request the plaintiff to undergo a defense medical examination, usually after the deposition is completed. As the doctor for this examination will be chosen by the insurance company, the report they write is less likely to be unbiased. That’s why your attorney will also have your own physician to examine and write a more factual report to strengthen your case.  

After the deposition and the medical exam, most personal injury cases will be settled through negotiations. If you agree with the offer presented by the opposition, you will get paid for the medical expenses, damages, and lost wages, depending on the circumstances of your case. In a rare event, when all attempts at the negotiations fail, the case will go to trial.

3. Why Will a Case Be Settled in Brainerd, MN after the Deposition?

Trials are often lengthy and costly for both parties. As a result, most people are willing to settle the case, if possible. Here are a few reasons why your case will be settled at this stage.

  •  If the defendant realizes that they are less likely to win when the case goes to trial and your demand is reasonable, they will be willing to settle.
  • Sometimes, the opposition may have a strong case. However, your demand is less than the potential expense of going to trial, they are more likely to settle.
  • In some cases, if both parties understand how expensive and time consuming a trial usually is, they may settle even if both have equally compelling evidence and arguments.  

 No matter how simple your case is, if you have an experienced personal injury lawyer in Brainerd, MN by your side, your chances of getting maximum compensation will be much better. So, make sure to choose your attorney carefully.

Conclusion

Technically speaking, your personal injury case can settle at any time during the legal proceedings. In fact, most cases are settled out of court through amicable negotiations. If not, it is more likely to get settled after the deposition when both parties agree that going to trial is not the better option. Make sure to consult a knowledgeable attorney and discuss your case in detail to understand when and how much settlement you are likely to get.

Hire the Most Experienced Personal Injury Lawyer in Brainerd, MN Today!

If you are injured in a car accident or a dog bite and want to get the rightful compensation, look no further than Carlson & Jones, P.A. to fight for you. As one of the leading personal injury attorneys in Brainerd, MN, we will leave no stone unturned to get you the compensation you deserve. You can call us at (855) 976-2444 or contact us online through our website to see how we can help you or your loved one.

Can IRS levy Personal Injury Settlement in Hutchinson, MN

If you or your loved one has received compensation after settling a personal injury lawsuit, you may have several questions on your mind. One of these may be about whether or not you need to count the proceeds as a part of your income. After all, income can be taxed by the Internal Revenue Service (IRS).

Including the compensation in your income depends on the unique facts and circumstances surrounding your case. As experienced personal injury lawyers in Hutchinson, MN, we understand that the compensation you receive can be made of several elements. For instance, it may include money that makes up for lost wages, emotional/mental distress, and attorney’s fees.

It is also helpful to remember that the IRS will not disrupt an arrangement if it is consistent with the terms of the settled claims.

Before understanding what the IRS can do with your personal injury settlement amount, let’s know the basics

What Is Personal Injury Settlement in Hutchinson, MN?

A personal injury settlement is an agreement that is struck out of court. Both parties involved are required to agree to it. It occurs when the at-fault party or their insurance company offers an amount as compensation, once liability is established.

A settlement is usually reached upon after negotiating in personal injury cases, such as those involving workplace accidents, auto accidents, assault, medical malpractice, product liability, and wrongful death. The compensation can be offered either before or after the case is filed.

Once the victim accepts the compensation, they can no longer pursue their case or take any legal action against or ask for a greater amount from the at-fault party.

More of than not, experienced personal injury lawyers in Hutchinson, MN recommend settling as there is no guarantee that the judge/jury verdict will be in line with the victim’s needs and expectations.

The IRS and Your Personal Injury Settlement

Typically, the proceeds from a personal injury claim are not taxable under federal or state law. This is true of insurance proceeds as well as awards granted by the judge/jury. Because the insurance company makes a 1099 claims submission to the IRS, the federal government will always have access to your settlement details.

The non-taxable rule applies to victims who have suffered physical injuries. This means a personal injury settlement that is meant to compensate for things like lost wages, medical bills, emotional distress, pain and suffering, loss of consortium, and attorney fees are not taxable as long as they are a result of a personal injury or a physical sickness/illness. Any compensation received for emotional distress, where no actual physical injury is involved, will be taxable.

You should also know that the IRS will tax your personal injury settlements if the amount received is meant to replace your income. If the settlement does replace your income (for example, in cases of employee discrimination where compensation is received for lost wages), the claim can be taxed.

If you include injury-related medical expenses in your previous year’s tax return for a deduction, the award meant to reimburse these expenses may also be taxed by the IRS. This is because you receive a tax deduction for expenses that were paid for with your settlement money.

Wages received, either from your employer or as part of the settlement attract income tax as well.

If your case is based on a breach of contract that caused your injury, the damages received will also be taxable.

It is important to note that any future investment income generated from the money received by the victim is subject to regular investment rules. Further, if an award includes interest, the interest amount is considered and should be reported as income as the money it replaces (the money that may have been earned on the compensatory damages) would have been taxable.

Punitive damages are taxable too since these are meant for punishing the culprit rather than compensating the victim for a loss.

Taxing compensation received in wrongful death cases depends on state law, and is slightly more complicated.

It is best to consult an experienced personal injury lawyer in Hutchinson, MN to gain a proper understanding of the tax rules applicable in Minnesota before negotiating settlements.

How a Personal Injury Lawyer in Hutchinson, MN Can Help You

Working with a skilled personal injury attorney can be beneficial in several ways. Your lawyer will be able to explain to you the tax implications of your settlement, from the commencement to the conclusion of the negotiations. If your case involves more than one claim, a part of the settlement received may be taxable, while the other might be completely non-taxable. An experienced personal injury lawyer in Hutchinson, MN will help you differentiate between the awards and keep them separate. Even if the IRS challenges your non-taxable settlement verdict, having a competent attorney in your corner will be helpful in preventing it from becoming taxable.

Conclusion

More often than not, the IRS does not levy taxes in personal injury settlements as they are not considered income. However, depending on your case facts, it is important to know of the important exceptions that may apply. It is always a good idea to be aware of whether or not your settlement will be taxed, how it will affect the total amount of compensation, and how much money you will receive at the end of it all. Working with an experienced personal injury lawyer in Hutchinson, MN is always recommended so you can make well-informed decisions that work for your case.

Consult an Experienced Personal Injury Lawyer in Hutchinson, MN

The team of experienced personal injury lawyers in Hutchinson, MN at Carlson & Jones, P.A. is adept at resolving complex legal issues like taxes levied by the IRS on the settlement amount. We will offer strong representation and fight to maximize the non-taxable component of your award. Call us on (855) 663-7423 for a free, no-obligation consultation of your case. You can also contact us through our website.

How to win your Personal Injury Claim in Brainerd, MN

In the US, you can file a personal injury claim if you or your loved one was injured due to someone’s negligence. It includes a wide range of incidents such as car crashes, workplace accidents due to unsafe environment, and even injuries caused by someone’s pet like a dog bite.

As these injuries can cause pain and result in considerable medical expenses, along with loss of wages, the personal injury law protects the interest of those who have suffered due to someone’s negligence. Under this law, you can receive fair compensation for your medical expenses, rehabilitation, therapy, mental and physical pain, lost wages, and even for your disability arising from the accident.

While an experienced personal injury lawyer in Brainerd, MN will leave no stone unturned to get you the compensation you deserve, there are a few things you can do to try and win your claim and maximize your compensation.

1. Get Required Medical Treatment

Whether it is a dog bite or a car crash, you should seek the required medical treatment immediately. Your injuries are a part of the damages you will need to include in your claim. Furthermore, in most personal injury claims, these details play a critical role in determining the amount of compensation.

So, make sure only certified professionals treat and also document each one of your injuries. Always ask the doctors and nurses to note down even the smallest detail related to your injuries. You should also follow the treatment plan and medication prescribed by the doctor without fail. It will help strengthen your claim.

2. Document the Evidence

Not just your injuries, other evidence like the damage to your car or property will also affect the outcome of your claim. If it is physically possible, you should immediately take pictures of the scene of the accident, your injuries, and the damage caused.

You should also collect the contact details of witnesses, if any. If it is a car crash, the police will most likely write an official report. It is your legal right to get a copy of the police report. Any experienced personal injury lawyer in Brainerd, MN will tell you to get it as soon as possible. The police report has witness statements and details of the damage, which help you establish grounds for your claim.

3. Don’t Delay

The statute of limitations, like most areas of the law, is also applicable to personal injury law in Minnesota. In other words, by law, there is a strict time limit, and you need to file your personal injury claim within this limit.

In Minnesota, two years is the standard time limit for filing personal injury lawsuits. The time limit starts on the day of the accident or the injury. If you delay your filing and miss the deadline, the defendant will ask the court to dismiss your claim, and the court will most likely agree.

Still, there are a few exceptions to this time limit. However, to find out whether or not these exceptions apply to you, you need to consult an experienced personal injury lawyer in Brainerd, MN, which brings us to the next point.

4. Talk to an Attorney Immediately

As soon as possible, contact an experienced personal injury lawyer in Brainerd, MN to discuss your case. Due to the sizeable medical expenses, most victims are too eager to get paid immediately. As a result, they are often willing to accept the first offer the defendant makes.

However, this mistake will prevent you from maximizing your compensation. If you have a competent attorney on your side, they will try their best to get you the compensation you actually deserve. As lawyers have real-life experience, they often know if and why an offer is inadequate.

Your attorney will also collect and analyze evidence with the help of experts to determine the amount of compensation befitting your injuries and suffering. They will also negotiate with the other party on your behalf.

5. Avoid Social Media

It may sound obvious, but when recovering from your injuries, you should avoid using social media as much as possible. In personal injury cases, your actions will influence the outcome of your case, which includes your social media behavior.

For example, if you share photos of hiking on social media a few weeks after the accident, it will negatively affect your case. The defendant will argue that your injuries are not as severe as stated in your proposal, asking the court to offer the minimum possible compensation or even throw out your claim. That’s why you should steer clear of social media until your claim is settled.

Conclusion

From dog bites and slips-and-falls to car crashes, you can file a personal injury lawsuit for any injury caused by someone’s negligence. While your lawyer will take care of the legal affairs, you can also take a few steps that can help maximize your compensation. Hopefully, these five tips will prove helpful in doing so.

Call an Experienced Personal Injury Lawyer in Brainerd, MN Today!

If you or your loved one has fallen victim to someone’s negligence, whether it is a car crash or a slip-and-fall accident, Carlson & Jones, P.A., is here to help you. As leading and experienced personal injury lawyers in Brainerd, MN, we will try our best to maximize your compensation. You can call us at (855) 976-2444 or contact us online through our website to know how we can help.

 

Is My Spouse Entitled To My Personal Injury Settlement In Buffalo, MN

If you were ever involved in a major accident or suffered a serious injury, you probably know what a personal injury case entails and wisdom in working with an experienced personal injury lawyer in Buffalo, MN.

In Minnesota, a victim of personal injury can claim compensation for suffering a range of past and future losses, including wage loss, medical expenses, and pain and suffering. If you made such a claim and it was legally settled, you may have received a substantial financial settlement.

If you were married at the time of receiving the settlement, but are now divorcing your spouse, it is only natural to wonder what will happen at the time of dividing your assets. Will you need to split the settlement amount with your soon-to-be-ex spouse? Or can you keep all of it?

Understanding How Minnesota Law Works

The simple, yet complex answer to these questions, like to most legal queries is, it depends on your case’s unique circumstances. The purpose and nature of the personal injury settlement will greatly determine whether or not the amount will be split.

As per law, if the settlement is meant to compensate you for past lost wages or if your medical expenses are paid by the marital estate, then the settlement is considered marital property. This, in turn, means that you will have to share the compensation money with your spouse during your divorce.

If, however, the purpose of the settlement was to compensate you for non-economic damages like pain and suffering or injuries to your body (such as loss of a limb), then the settlement is considered non-marital property. So, you need not share the proceeds from the settlement with your spouse.

Types of Compensation in Personal Injury Cases

An experienced personal injury lawyer in Buffalo, MN will tell you that compensation awarded is of three main types:

i. Special Damages

Special damages refer to economic damages, which include monetary components such as lost wages, medical costs, damage to property, and other out-of-pocket expenses.

ii. General Damages

General damages are the non-economic damages, and include compensation for pain and suffering, loss of consortium, loss of enjoyment, and other intangible losses.

iii. Punitive Damages

Punitive damages can be claimed when the at-fault party’s actions are so appalling that additional damages are warranted to punish them and prevent them from repeating their mistake. There is usually a limit to the amount of punitive damages the victim can recover.

Is Your Spouse Entitled to a Share?

According to Minnesota law, a victim of personal injury can recover damages for a variety of losses that were incurred in the past and may be incurred in the future.

Wages are typically considered marital property. Hence, the past wage loss amount in the settlement is also regarded marital. This also applies to settlement proceeds that the victim receives to pay for past medical expenses. That’s the reason why this portion of the settlement can be divided among both parties during the divorce.

However, the settlement received for future wage loss and paying future medical bills is non-marital. Any money the victim receives after the dissolution of their marriage is considered their exclusive property.

In the same way, any debt incurred by any of the spouse after the divorce has to be repaid by the party who takes on the obligation. Hence, the personal injury settlement amount is non-marital in nature, and is not divided.

This means that payments made for pain and suffering, and loss of enjoyment are not subject to division either. Your physical body is not a marital asset. It is literally your own and non-marital in nature. Minnesota law upholds this and hence, any settlement amount received for pain and suffering that resulted from an injury to someone’s body is considered non-marital.

It is important to know that most personal injury cases are settled out of court, i.e. before going to trial. This is where things may get tricky. Both parties are required to sign a release form. However, this form does not break the compensation down into clearly defined categories, the way a jury would.

It can, therefore, become debatable as to which category the money received in the settlement falls into, leaving room wide open for claims and arguments on both sides. A jury verdict form, on the other hand, will break down the settlement received in categories such as wage loss, medical bills and pain and suffering.

If you are in the middle of divorcing your spouse and think you have a claim to their personal injury settlement, it is best to speak to a qualified and experienced personal injury lawyer in Buffalo, MN to know your claim and protect your rights.  

Conclusion

The laws surrounding personal injury and divorce are complex as it is. The last you need is to worry about your personal injury settlement being divided with your spouse. Fortunately, you can take legal recourse and keep what’s rightfully yours. Hopefully, the above mentioned information will help you figure out whether or not your spouse is entitled to your personal injury settlement. If you still have doubts, it is advisable to consult an experienced personal injury lawyer in Buffalo, MN and make informed decisions related to your case.

Call an Experienced Personal Injury Lawyer in Buffalo, MN Today!

In legal matters, even a single wrong move can land you in hot water. Personal injury settlement and divorce cases in Minnesota are no different. To gain a complete understanding of how your marital and non-marital property will be divided in the split, call an experienced personal injury lawyer in Buffalo, MN at Carlson & Jones, P.A. on (855) 976-2444. You can also contact us online through our website. We will get back to you at the earliest.

 

What Percentage of Personal Injury Cases go to trial In Minnesota

Every year, more than 38,000 people die in crashes on U.S. roadways. The U.S. traffic fatality rate is 12.4 deaths per 100,000 inhabitants. On the other hand, every year, more than 800,000 patients get hospitalized because of a fall injury, most often because of a head injury or hip fracture.

When injuries like these happen due to someone’s negligence, the victims can file a personal injury claim, asking for financial compensation. Unintentional accidents like car crashes, sleep and fall accidents, and dog bites, among others, usually lead to personal injury cases. If you have been a victim of someone’s negligence, you can also file such a claim with the help of a personal injury lawyer in Minnesota.

1. Why File a Personal Injury Lawsuit?

The primary reason for filing a personal injury lawsuit is to get the monetary compensation you deserve to restore your mental and physical health. Usually, accidents like car crashes and sleep and falls can result in serious injuries, requiring surgeries, long-term hospital care, therapy, and medication that may require a lot of money.

The compensation can help you cover almost all your medical expenses. It can also help you pay for lost wages, physical pain, mental suffering, disabilities, and in some cases, even your lost earning potential.

From the ethical point of view, these lawsuits help you to hold the negligent party or person responsible for the consequences of their actions, although they were unintentional. It also deters them from repeating such negligence ever again.

2. What Percentage of Personal Injury Cases Go to Trial in Minnesota?

Whether or not your case will go to trial will depend on the circumstances of your case. Most personal injury cases, however, rarely go to trial. One of the primary reasons why neither party wants their case to go to trial is the delay. Trials often drag on for years, costing money and time.

As the trial drags on, the victim’s financial condition may worsen. Also, if the compensation is less than expected, the victim may have to suffer a considerable setback. On the other hand, if you are the negligent party, and the judge grants more compensation compared to a jury, you will end up paying a lot more.

Under the following circumstances, a typical personal injury case may or may not go to trial.

A.  Reasons Your Case Will Go to Trial

  •  If the defendant or their insurance company thinks the compensation your personal injury lawyer in Minnesota has asked for is too much and they can win this case, you may have to go to trial.
  • On the contrary, if the defendant offers very low compensation, and you stand a chance of winning the case, you can take it to the trial.
  • Sometimes, the insurance company may not want to set a precedence for settling cases like yours and might decide to go to trial.
  • On rare occasions, the plaintiff may want to hold the defendant accountable for their negligence for the public good. In this case, the case may go to trial regardless of how good the settlement offer was.

B.  Reasons Your Case Will Be Settled

  •  If the defendant believes the settlement is cheaper than a long-drawn trial, they will choose to settle, which is probably the most common reason for personal injury claim settlements.
  •  If the defendant compensation thinks you are likely to win (if the case goes to trial) and get similar or more you are asking for, they will choose the settlement.
  • If the defendant thinks going to trial may result in bad publicity for the company or their brand, and the compensation you are asking for is fair, they may settle.

Although your case is less likely to go to a trial, you will still need to hire a competent personal injury lawyer in Minnesota. Your attorney will assess your case, consult medical and other experts, and negotiate on your behalf to get you the rightful compensation. They will also make sure all your paperwork is in order, and the out-of-court (pre-trial) settlement you make is watertight.

Conclusion

As you can see, very few personal injury cases go to trial. Regardless of whether or not your case will go to trial, however, you need to hire an experienced personal injury lawyer in Minnesota to protect your rights. Hopefully, this post will shed light on a few facts related to when a personal injury case is most likely to go to a trial and when it isn’t. Do make sure to understand the personal injury law and facts related to your case before filing a claim. 

Call the Most Competent Personal injury lawyer in Minnesota Today!

If you or your loved one has fallen victim to someone’s negligence in Minnesota, the team of experienced personal injury lawyers at Carlson & Jones, P.A., is here to help you. We will make sure that you get the best possible compensation for the injuries you have suffered and the wages you have lost. Call us on (855) 976-2444 or contact us online to know more about our personal injury law services.

 

Call For A Free Consultation (877) 344-1555Free Consultation

Buffalo Lawyers

215 East Highway 55, Suite 201
Buffalo, MN 55313

Toll Free: (877) 344-1555
Phone: (612) 800-8057
Fax: 763-682-3330

Office Details
Map and Directions

Brainerd Lawyers

17025 Commercial Park Rd, Suite 2
Brainerd, MN 56401

Toll Free: (877) 344-1555
Phone: (218) 736-9429
Fax: 763-682-3330

Office Details
Map and Directions

Hutchinson Lawyers

114 Main Street North
Hutchinson, MN 55350

Toll Free: (877) 344-1555
Phone: (320) 289-4761
Fax: 763-682-3330

Office Details
Map and Directions

Minnetonka Lawyers

3911 Ridgedale Dr, Suite 404E
Minnetonka, MN 55305

Toll Free: (877) 344-1555
Phone: (952) 260-9640
Fax: 763-682-3330

Office Details
Map and Directions