Do Personal Injury Cases Settle After Deposition in Brainerd, MN?

If you or your loved is injured in an accident or due to another’s fault, it can turn your life upside-down. You and your family are faced with mental and physical stress, along with financial difficulties that can accompany medical treatments. Faced with the process, you may be asking, Do personal injury cases settle after deposition in Brainerd, MN?

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. In a personal 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.

Personal Injury in Brainerd, Minnesota: Explained

In Brainerd, Minnesota, a personal injury case is a civil claim. That means an individual person or company can file a personal injury lawsuit. 

When comparing civil and criminal convictions, it’s important to note that the latter may incur prison time. Losing a civil case doesn’t mean you go to jail.

Personal injury lawsuits involve the injury to one party due to an accident, such as after a car wreck, animal attack, or workplace incident. Defamation lawsuits are also considered personal injury lawsuits.

Personal Injury Case Statute of Limitations in Brainard, Minnesota

All jurisdictions set statutory limits on bringing a personal injury suit. In Minnesota, you have two years from the date you were injured to file suit. If you’re asking do personal injury cases settle after deposition, you first have to file suit. A good personal injury attorney in Brainerd can help you file a lawsuit with your local court.

How Minnesota Fault Laws Affect Personal Injury Cases

Your ability to bring a personal injury case to court further depends on comparative fault. In Minnesota, you can only bring a personal injury lawsuit if you were less than 50% responsible for the accident. And unless the other party is 100% responsible for the accident, your share of fault will factor into the settlement amount you can receive.

Here’s an example of comparative fault in action. Say you slip and fall at the local public pool, which causes you to break your leg. The pool failed to put up “no running” signs, and the lifeguard on duty wasn’t paying attention. 

The court finds the pool to be 90% at fault. But, because it rules that you, an adult, should have known better than to run at a pool, you receive 10% comparative fault. 

In this case, you can bring a lawsuit against the public pool. But the damages you can recover will be 10% less than if you were 0% at fault for slipping and falling.

Another quick note on fault laws in Brainerd: if you were injured in a car wreck, keep in mind that Minnesota is a no-fault state. No-fault states require injured people to get reimbursement from their insurance companies before bringing a case against the other driver. The only exception is if your accident-related medical expenses surpass $4000 and your accident-related disability lasts for 60 days or longer.

Damages a Personal Injury Attorney in Brainerd, MN Can Recover

Damages refer to the compensation Brainerd personal injury lawyers can win for an injured party in a personal injury lawsuit. In Minnesota, damages can be either compensatory or punitive.

Punitive damages are court-ordered payments meant to punish the party that caused the accident. A judge must order these payments, meaning Brainerd personal injury attorneys can only win these damages if the case goes to trial. Punitive damages are usually paid on top of the compensatory damages awarded as a personal injury settlement or during a trial.

Compensatory damages are meant to reimburse the injured party for losses incurred due to the accident. These damages can be economic or non-economic. 

Economic compensatory damages repay the injured party’s medical bills, lost wages, and property loss, if applicable. Non-economic compensatory damages repay the injured party’s pain and suffering and/or loss of quality of life due to the accident.

Non-economic damages are much harder to prove than economic damages. This is because it’s hard to put a dollar amount on your pain and suffering. But with an experienced personal injury lawyer in Brainerd, you can win non-economic damages without ever having to go to trial.

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. If you’re wondering do personal injury cases settle after deposition in Brainerd, it’s important to understand what a deposition is.

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.

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’re asking do personal injury cases settle after deposition, yes, most do. 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. 

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.

Why Do Personal Injury Cases Go to Trial After Deposition in Brainerd, MN?

The majority of Minnesota personal injury cases never make it to trial. However, there are some cases where you or the defendant might want to bring your case to court.

The most common reason a personal injury case goes to trial is if one or both parties are unhappy with the settlement amount. If the defendant thinks your personal injury attorney is asking for too much, their lawyer may push the case to trial. The same thing is true if your lawyer thinks the defendant’s side is shorting you on damages.

Of course, whether or not you should bring your case to court depends on the evidence. If there’s lots of evidence in your favor, you’ll be more likely to win outside of settlement negotiations and vice versa.

Personal injury lawsuits may go to court if you’re suing an insurance company that doesn’t want to set a precedent. Often, insurance companies fear that large settlements will encourage other customers to file similar suits in the future. In these cases, the insurer hopes a messy court battle will deter future cases like yours.

Finally, some rare personal injury lawsuits go to court for punitive damages. Only a judge can award punitive damages. Your lawyer may want to make an example of or hold a defendant accountable for negligence. In this case, they may want to go to trial to seek punitive damages.

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. Cases are likely to get settled after the deposition when both parties want to avoid a trial. A knowledgeable attorney can review your case in detail to determine possible compensation.

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

If you are injured in an accident and seeking compensation, you need representation. Carlson & Jones, P.A. will fight for you. Carlson & Jones are 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 with your personal injury cases.

 

Originally published on November 7. 2020 and updated on September 7, 2021

Can the IRS Levy a 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. You may be asking, Can the IRS levy a personal injury settlement in Hutchinson, MN? The short answer is yes, it can be taxed by the Internal Revenue Service (IRS), depending on what kind of compensation it is.

Including the compensation in your income depends on the unique facts and circumstances surrounding your case. Experienced personal injury lawyers in Hutchinson, MN 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.

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.

Non-Taxable Personal Injury Settlements

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.

The above only applies to Federal taxes on your settlement. In Minnesota, you generally have to pay taxes on any settlement amount received for reasons other than recompensating your medical bills and some property losses.

Loss of quality of life, pain and suffering, and psychological conditions resulting from accidents or accident-related injuries are also non-taxable. Most other personal injury settlements are taxable, either by the state or the Federal government.

Taxable Personal Injury Settlements

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.

In Minnesota, the judge must designate part of the settlement for income replacement. If part of the settlement isn’t explicitly set aside for income replacement, the state can’t tax the amount.

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.

Sometimes, a court may allow the defendant to pay out the settlement in installments. If any interest also gets tacked onto the settlement, that interest is 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.

Wrongful Death Settlements

Taxing compensation received in wrongful death cases depends on state law, and is slightly more complicated. Personal injury lawyers win wrongful death settlements for the heirs of the victim. The state of Minnesota generally doesn’t tax these amounts. That’s true whether the sum is awarded during settlement or if the jury awards it at the end of a wrongful death trial.

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.

Types of Personal Injury Lawsuits in Hutchison, Minnesota

By now, you may be wondering: can I win a non-taxable personal injury settlement in Minnesota? With the help of a seasoned Hutchison personal injury attorney, you’re entitled to settlement amounts for the following situations.

Shared Fault Lawsuits

In some jurisdictions, the party that’s at fault for an accident can’t claim damages for his or her injuries. Minnesota is different. That’s because Minnesota has a shared fault rule, meaning that any party can file for damages as long as he or she was less than 50% responsible for the accident.

The amount of settlement money you receive will depend on what percentage of the accident was your fault. For example, imagine that your total damages in a workplace injury suit totaled $100,000, but the court found that you were 49% at fault for the accident that caused your injuries. Your ultimate settlement payout would then be 49% of your total damages or $49,000.

Vehicular Accident Injury Lawsuits

Some car accident injury victims can recover losses in court. However, the victim must accumulate more than $4000 in medical expenses directly related to the accident. Or the victim must have incurred a disability, injury, or disfigurement that’s permanent or lasts at least 60 days.

Otherwise, you should settle all auto-related personal injury and/or property loss claims with your insurance company outside of court. Minnesota requires all car owners to hold an insurance policy with personal injury protection (PiP). To file a personal injury suit, you must have exhausted your PiP benefits and still have medical expenses leftover.

It’s important to note that you can file an insurance claim even if you were at fault for the accident. And if the accident was less than 50% your fault, you can also file against the other party for damages.

Animal Attack Lawsuits

Victims who develop illnesses or injuries after an animal attack are entitled to personal injury settlements in Minnesota. Minnesota is a one-bite rule state. That means the law holds liable the owner of a vicious animal the first time the animal bites or injures another person.

Any settlement funds a victim wins for his or her medical bills in a dog bite claim are not taxable. If the settlement is explicitly designated for repayment of lost wages, emotional suffering not directly caused by a physical injury, or punitive damages, the amount is taxable.

Workplace Accident Lawsuits

Were you injured on the job? Then you’re entitled to a settlement to cover your medical bills and lost wages. This settlement is called workers’ compensation. Your employer and/or your employer’s insurance company pay out workers’ compensation.

Workers’ compensation used to repay you for your medical expenses isn’t taxable. If a portion of the settlement amount is set aside for lost wages, though, that amount is taxable in Minnesota.

When you and your employer or employer’s insurance company have a dispute about your injury, there are two options. The first is to go to court and fight for the compensation you deserve. The second option is to take a settlement, which is often the less risky and faster option in workplace injury lawsuits.

Personal Injury Lawsuits Against the Government

Minnesota statutes hold government employees liable for any injuries they cause on the job. That means, for instance, that if you’re injured in an accident with a government-owned vehicle, you’re entitled to damages.

Filing personal injury claims against government employees is a different process than regular personal injury claims. Still, victims won’t have to pay taxes on their settlement if the money compensates for medical bills and/or pain and suffering resulting from the accident.

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

Are you asking, Can the IRS levy a personal injury settlement 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.

 

This article was originally written on October 19, 2020 and updated on August 17, 2021.

I Got Hit By a Car in Buffalo, MN. What Now?

Medical bills are usually the largest component of a personal injury settlement. In a serious injury case, like a head injury, the total medical bills, from the first day of emergency care to the last day of physical therapy, usually exceed $50,000. In a catastrophic injury claim, like a spine injury, the lifetime medical bills could be over $5 million. Not that many people can say, “I was it by a car,” but if you were, you have rights.

Accident or Negligence in Buffalo, MN?

Vehicle collisions usually involve monetary settlements, because driver error causes over 90 percent of these incidents. In a few cases, this driver error is truly accidental. Sarah might turn her head at exactly the wrong moment or Tom might not see a patch of black ice in the shadows. But in most cases, these errors are negligent.

Some people think that a negligence claim “blames” the other party for a crash. But we all make mistakes. And, we must all accept responsibility for the mistakes we make. In this context, that responsibility includes paying compensation for damages. Victims need this compensation to pay medical bills, replace lost property, and otherwise put their lives back together. THis money should not have to come from their own pockets.

If negligence was involved, a Buffalo, MN accident lawyer can usually obtain substantial compensation. The amount usually depends on how well an attorney adheres to the proper plan, as outlined below. Compensation might be available in other cases as well, such as crashes that involve bad tires or other defective products.

Evaluating a Claim

Just like a house is built on a solid foundation, a car accident settlement is built on a solid investigation. That investigation includes both the facts and the law.

Factual Investigation

For Buffalo, MN accident lawyers, the factual investigation normally begins with the police accident report, witness statements, and medical bills. These three types of evidence are very insightful and often sufficient, by themselves, to ensure fair compensation. 

Frequently, this evidence is sufficient to obtain maximum compensation. Medical records are a good illustration. All medical bills contain diagnosis and cost information. Many of these records also contain treatment notes which show the victim’s physical pain level and state of mind. Such information humanizes these medical bills and is very useful in terms of noneconomic damages.

Sometimes, however, this evidence is not enough. For example, if the victim was killed, the police accident report probably does not reflect both sides of the story.

Additional Evidence

Additional evidence includes things like a car’s Event Data Recorder. A commercial jet’s black box flight recorder measures and records mechanical and operational data. Likewise, a vehicle’s EDR tracks things like:

  • Vehicle speed,
  • Steering angle,
  • Engine RPM, and
  • Brake application.

THis electronic evidence often resonates well with tech-savvy Wright County jurors. Furthermore, assuming the gadget was working properly, EDR information is essentially bulletproof in court.

This critical evidence is unavailable unless a Buffalo, MN accident lawyer acts quickly and has the right tools.

Don’t Lose Physical Evidence of Being Hit by a Car

Most insurance companies destroy wrecked vehicles within a few days. If that happens, any physical evidence the vehicle contains, including the EDR, is lost. Early in the process, attorneys usually send spoliation letters to insurance companies. These letters create a legal duty to preserve evidence and prevent its “accidental” destruction.

Additionally, EDRs are sophisticated and sensitive devices. That’s especially true of large truck EDRs. Attorneys need the right tools and training to access and download this information. A lawyer needs a lot more than a screwdriver, a laptop, and a plunky attitude.

Legal Analysis

The legal investigation is important as well. There are several basic theories in negligence cases, and both of them have pros and cons. For example, if the tortfeasor (negligent driver) violated a safety law and caused a crash, the tortfeasor might be liable for damages as a matter of law. Negligence per se claims are relatively easy to prove. However, monetary damages are often lower in negligence per se matters, because some jurors are more likely to say that the victim was simply in the wrong place at the wrong time.

Sometimes, however, the opposite is true. Many jurors believe that drivers who get behind the wheel if they are drunk, stoned, or otherwise impaired are intentionally disregarding a known risk. As a result, they often award higher compensation in such claims. That fact could drive up a claim’s settlement value, as outlined below.

Possible insurance company defenses come into play as well. To see how they might affect the settlement value, a Buffalo, MN accident lawyer must think like an insurance company lawyer.

Motorcycle wrecks are a good example. Frequently, the tortfeasor (negligent driver) tells the reporting officer something like “She came out of nowhere” or “I never saw her coming.” Sometimes, these statements are just excuses, They could also indicate that the motorcyclist was operating recklessly. The aforementioned investigation usually reveals the truth.

Situations like this one usually involve the comparative fault defense. If both operators were partially responsible for the crash, jurors must apportion fault between them. Minnesota is a modified comparative fault state with a 51 percent bar. So, if the victim was no more than 49 percent responsible for the wreck, the victim is entitled to a proportionate amount of damages.

In both investigatory phases, experience matters more than anything. Buffalo, MN accident lawyer must know how to collect compelling evidence. And, they must use the right legal theory to put this evidence together.

Determining the Settlement Value

When you buy a car from a dealer, the sticker price serves as a starting point for price negotiations. But what if the vehicle had no sticker price? A buyer would have to make an initial offer based on the cost of the vehicle and some other factors, mosty supply and demand. This determination requires research, which we discussed above. It also requires accounting for intangible factors, which we’ll discuss below.

Economic Losses

Economic losses are the total of lost wages, medical bills, and other tangible losses. Minnesota has a very complex collateral source rule. Sometimes, expenses paid by Medicaid or a private insurance company are included in this total, and sometimes they are not. 

On a related note, attorneys usually negotiate with medical providers and convince them to lower their fees. If Paul’s medical bills are $50,000, his lawyer might be able to reduce them to $30,000.

Once again, Minnesota’s collateral source rule is rather complex. Sometimes, Paul might be able to keep an extra $20,000, because the court awards him 50k and he only pays 30k. Sometimes, however, that’s not the case, and the court would only award him 30k.

To ascertain noneconomic losses, such as pain and suffering, most Buffalo, MN accident lawyers multiply the economic losses by two, three, or four. The multiplier largely depends on the facts of the case, the applicable law, and some intangible factors, such as the legal venue.

The Car Injury Settlement Process in Buffalo, MN

Most car wreck claims settle out of court. These resolutions almost always benefit victims. They end the case sooner and give the parties more control over the outcome. The settlement process might take only a few weeks, but more often it could take several months.

Demand Letter in Buffalo, MN

Once medical treatment is at least substantially complete, attorneys usually send demand letters to insurance companies. The initial demand amount often greatly affects the amount of money in the final car accident settlement. 

It’s important to wait until this point before beginning settlement negotiations in earnest. Otherwise, the settlement amount might not account for all future medical expenses. The aforementioned spine injuries are a good example. These permanent injuries require continual surgical care. Furthermore, when physically disabled victims move into new living spaces, these spaces require expensive structural modifications. These costs could easily be tens of thousands of dollars, or even more.

Many of us are not very good financial planners. We overestimate or underestimate future needs. But a Buffalo, MN accident layer has your back in these situations. When necessary, attorneys partner with accountants, financial advisors, and other monetary professionals.

The figure in a demand letter is the starting point for settlement talks. At that point, a Buffalo, MN accident lawyer’s negotiating skills take center stage. An attorney must know when to give ground and when to stand firm. Otherwise, the settlement amount might be too low, or there might not be a settlement at all. Fortunately, most attorneys are better negotiators than Patrick

The Question of Liability in Buffalo, MN

If liability is not an issue, most insurance companies have a legal duty to settle the case in a few weeks. However, there is almost always at least some question as to liability. The aforementioned contributory negligence defense is a good example. These defenses can delay settlement and affect the amount of money the victim receives.

So, a Buffalo, MN accident lawyer must often file legal paperwork to preserve the victim’s rights. The statute of limitations in most negligence cases is two years from the date of the accident. Additionally, undue delay usually hurts victim/plaintiffs, because they have the burden of proof.

Legal advocacy skills are important. Most legal actions have basically two parts. First, there are pretrial motions which focus on the applicable law. Then, there is the trial itself, which focuses on the facts. If a Buffalo, MN accident lawyer is highly skilled in both these areas, the final settlement amount could be significantly higher.

Endgame When Negotiating a Settlement in Buffalo, MN

Frequently, after initial procedural moves are finished, insurance companies get down to business, and they negotiate a settlement.

These procedural moves usually involve a motion to dismiss the action and/or a motion for summary judgement. Essentially, these motions claim that there is no way the victim/plaintiff could possibly win, so the judge should put a stop to the lawsuit. 

So, as long as Buffalo, MN accident lawyers do their homework during the investigative phase, these motions usually fail. If an attorney takes shortcuts to try and settle the case early, the victim/plaintiff could be in real trouble. That’s especially true since, by this time, the statute of limitations has probably expired.

Attorney Fee Arrangements in Buffalo

Attorney fee arrangements come into play here as well. Accident lawyers work on a contingency basis, and insurance company lawyers work on an hourly basis. Frequently, these fees are over $1,500 an hour. So, the insurance company has a financial incentive to resolve the case quickly.

Nevertheless, for various reasons, insurance companies often dig in their heels. Most don’t want to set what they see as a bad precedent. A handful of companies genuinely care about their policyholders and vigorously defend them in court. But to almost all insurance companies, people who pay premiums are just line items on spreadsheets.

If You Are Referred to Mediation by a Judge in Buffalo

So, if the case remains unresolved as the trial date nears, a judge usually refers it to mediation. This alternative dispute resolution process usually lasts a full day. The parties meet in an office building or other somewhat informal setting.

The day begins with brief opening statements. But instead of a judge or jury, the audience is a third-party mediator, who is usually an unaffiliated Buffalo, MN accident lawyer. Afterwards, the parties retire to separate areas, or more commonly separate rooms. Then, the mediator conveys settlement offers back and forth, along with legal arguments and counterarguments.

If both sides negotiate in good faith, mediation is usually successful. In this context, “good faith” usually means two things. First, each side must be genuinely committed to resolving the case. Mediation is not just a showpiece. Second, each side must be willing to make some compromises. That’s the way financial negotiations work. There’s always some give and take.

Connect with an Experienced Wright County Attorney

Most negligence claims settle out of court, and due to the nature of this process, it’s hard to tell how much your case is worth at the outset. If you can say, “I was hit by a car”, then you should contact a Buffalo, MN accident lawyer. Contact Carlson & Jones, P.A. Home, virtual, and hospital visits are available.

How to Find a Competent Personal Injury Lawyer in Buffalo

If you have been injured without any fault of your own and due to someone else’s negligence, you may have the right to file a personal injury lawsuit in Buffalo. As per law, you (the victim) are eligible to seek compensation for the damages caused to you by the responsible party (defendant).

But personal injury law is intricate and involves several statutes and specialized tactics. So, you should hire an experienced personal injury attorney for efficient representation in the court of law.

Personal injury lawyers in Buffalo are experienced in the art of negotiating fair settlements with insurance companies. They are also adept at collecting evidence and furnishing it in court so that you get the rightful compensation. To put it simply, they take every possible step to help you legally overcome the crisis.

However, you must ensure that the lawyer you are planning to hire for representing your case is knowledgeable and skilled to help you get through these trying times. In this post, we have discussed how you can find the best lawyer for your personal injury case.

How to Find a Competent Personal Injury Lawyer in Buffalo?

The need for hiring competent personal injury lawyers in Buffalo is paramount. Here are five proven strategies that will help you narrow your choices down to an effective personal injury lawyer in Buffalo.

1. Enquire about Their Overall Experience

This is the most crucial step in hiring a personal injury lawyer. You must ask your prospective lawyer how long they have been in practice and get a rough estimate of the number of personal injury cases handled.

You should also try to understand whether the attorney represents plaintiffs or defendants. If you’re a victim, you don’t want someone experienced in representing defendants to handle your case.

Further, you can ask whether they will personally handle your case or pass it on to another lawyer in the firm. Try to find out which lawyer will be directly handling your case. If another lawyer is involved, you must seek a meeting with them as well.

2. Ensure the Attorney Has Sufficient Trial Experience

In most cases, attorneys who claim they handle personal injury cases have no courtroom experience. They aim for an out-of-court settlement and may ask you to settle for a lowly compensation amount. So, it’s advisable to hire an attorney who has concrete courtroom experience and is skilled at representing a case before a judge/jury.

You should also ensure that the attorney you hire is skilled at collecting evidence from eye-witnesses, doctors, and psychiatrists, and representing them efficiently in court.

The lawyer should also be skilled at countering opposition, and represent your cause so that there is never room for settling for a lesser amount. You can ask if they are willing to put the case before a jury. If they are against the idea of taking your matter to court and advise you to go for an unfair settlement instead, you should start looking for other options.

3. Clarify the Settlement Goals

This is yet another crucial step that you should remember when hiring a personal injury attorney in Buffalo. Ensure to have a thorough discussion with your lawyer about how much your personal injury case is worth and the factors involved in getting the amount you seek. This will give you a good idea about the lawyer’s experience in tackling complex cases.

Try to obtain as much information as possible. If you feel confident about the lawyer’s experience and comfortable with how they plan to proceed with the case, you may have found a lawyer you can work with.

4. Ask about Their History of Verdicts and Settlements

Before hiring personal injury lawyers in Buffalo, you must ask them about their history of verdicts and the settlements they have achieved. Ensure that the attorney has considerable and credible experience in obtaining verdicts or settlements in their client’s favor.

You can ask the attorney about how many personal injury cases they have handled throughout their career, and the verdicts achieved. You can also inquire about the approach they follow to turn the case in the client’s favor. This will give you a fair idea about the attorney’s expertise in handling personal injury cases and obtaining a positive outcome.

5. Know about Their Fees

The financial aspects of hiring a lawyer are critical. Be it personal injury lawyer or criminal defense lawyer cost, you need to discuss this with your lawyer before taking the final call.

Their fees and payment structure should be transparent and available in writing. Ensure that the attorney you plan to work with has a flexible payment structure and is not hiding any extra charges.

Conclusion

Once you have decided on the lawyer you want to work with, your job isn’t entirely done. You will need to draft an agreement and work with your lawyer judiciously to achieve a positive outcome.

Effective communication is key in every attorney-client relationship. Ensure to keep contact with your lawyer on a frequent basis to remain informed about every new development in your case.

Consult Our Team of Experienced Personal Injury Lawyers in Buffalo

The team of seasoned lawyers at Carlson & Jones, P.A., will strive hard to ensure that you get the rightful compensation. We have extensive experience in dealing with a broad spectrum of personal injury cases in Buffalo. Schedule a free consultation by giving us a call at (855) 976-2444 or contact us through our online form.

How Are Damages Assessed In Cases of Personal Injury In Minnesota?

Are you a victim of an injury due to another individual’s negligence? If yes, you may be eligible to receive compensation from the person responsible for your injury. Minnesota law allows you to file a legal complaint and seek legal help.

The procedure for filing a claim for personal injury in Minnesota isn’t easy. So, it’s best to avail legal assistance from experts who have been in the trade for decades. They will help you determine the exact value of the compensation due to you and file a petition supporting your cause after a thorough investigation and analysis of the losses you’ve suffered.

According to the American Bar Association, every personal injury claim has two basic issues – liability and damages.

Personal injury claims in Minnesota often have various aspects to them. So, it becomes essential to determine the total compensation that can be recovered. The scope of this post is to determine how damages are assessed in cases of personal injury in Minnesota.

Factors Affecting the Value of Damages in Minnesota Personal Injury Cases

Here are essential factors that determine the value of damages in personal injury claims in Minnesota.

  • Lost Income

Any personal injury claim is considered valid only if it is proven that you have suffered a loss of income or physical abilities due to your personal injury. However, to support the claim, relevant evidence must be furnished in the court of law.

You need to demonstrate a “loss of earning capacity,” i.e., the salary you may have lost because of your inability to attend work, and income from other sources was affected due to the injury. The claim considers the income that you are losing at present and that which you might lose in the future.

Factors such as loss of limb, mental disability, trauma beyond recovery, or severe sufferings from other impairments are also taken into account. An experienced personal injury attorney will guide you through the steps you must take to properly explain and file the lost income.

  • Costs Incurred during Medical Treatment

In personal injury cases, the cost incurred for your medical treatment will also be taken into account when determining the compensation.

The medical cost is added to the compensation amount. The final amount is furnished in the court as evidence by your lawyer. So, make sure you keep up with your doctor’s instructions, prescriptions, medical bills, and receipts. Remember that your compensation amount might get affected if you don’t seek immediate medical treatment after an accident.

An experienced personal injury lawyer in Minnesota will be able to help you with the dos and don’ts of calculating the medical expense and adding them to your personal injury claim.

  • The extent of Physical Injury

The extent of physical injuries plays a crucial role in determining the compensation amount. However, depending on the judge’s concerns, the court takes into account specific determinants into the calculation.

The conclusion of the inquiry-based on the doctor’s diagnosis and recommended treatment helps determine the severity of the injury and the compensation value as a whole. If the investigation reveals that you have knowingly or intentionally caused the injuries to yourself, you will lose the right to file a compensation claim.

  • Pain, Trauma, and Suffering

It’s challenging to quantify intangible elements such as trauma and pain. So, it becomes essential to avail the guidance of an experienced personal injury attorney to express the extent of your suffering.

Before filing your claim for personal injury in Minnesota, your lawyer will collect the testimony of a mental health professional and other medical experts to understand the extent of the trauma you have been through.

Their testimonials will help reveal how the accident limited your ability to work, lowered the quality of life for your family members, or tampered with your ability to think rationally. Depending on your specific case facts and how your lawyer represents your case, you may be entitled to additional compensation.

  • Your Role in the Injury

You may be severely injured in an accident, but that doesn’t guarantee you compensation. The court will ask if you had any role in causing the accident.

For example, if the injury caused to you was because you were not wearing your seatbelt or were over-speeding, your compensation claim will take a hit. Your personal injury attorney will guide you through every step if you are a victim of personal injury in Minnesota.

Conclusion

There’s no denying that assessing the damages in personal injury cases and quantifying them is a tough job. The complexity of such cases makes it essential to hire an experienced personal injury lawyer in Minnesota for help with overcoming every legal complexity. Their ability to present incriminating evidence and represent your case in the court of law will go a long way in helping you get the compensation you deserve.

Seek Help from Our Experienced Personal Injury Lawyer in Minnesota

At Carlson and Jones, P.A., we strive hard to ensure that justice is delivered. For over 55 years, we have been helping clients understand their legal rights and options. Our team conducts a thorough investigation of every personal injury claim and gathers evidence to help them get the rightful compensation. You can call our skilled lawyers at (855) 976-2444 or contact us through our online form to schedule a free consultation.

Why Hiring a Personal Injury Lawyer in Brainerd Is Better Than Self-Representation

If you’ve suffered a Minnesota personal injury due to someone else’s negligence, you may be able to file a personal injury lawsuit against them. A crucial element of the lawsuit will revolve around fighting for fair compensation from the at-fault party.
As a victim of personal injury, you may have to undergo several types of medical treatments. If the injury is severe, you may even lose your job. At a time when you should be focusing on recovering, you may have to spend all your time and energy stressing over answering unending calls for payments and communicating with insurance companies.

This is where personal injury lawyers in Brainerd can be helpful.

Not every personal injury case, however, requires that a lawyer be involved. If the damages and the injuries suffered are minor, and the settlement offer is reasonable, you may be able to sort the matter by yourself.

However, you will need the expert assistance of personal injury lawyers in Brainerd when:

Your insurance claim is denied: You should talk to personal injury lawyers in Brainerd at the earliest if the insurance agency of the at-fault party doesn’t accept responsibility and refuses to compensate you.

Multiple parties are involved: Determining fault in accident cases that involve multiple vehicles or parties is often complicated. Personal injury lawyers in Brainerd can expertly identify all parties and accurately determine liability.

A settlement offer is presented: It is important to consult personal injury lawyers in Brainerd before accepting any settlement offered. Insurance companies typically offer a minimum settlement to victims. Your lawyer will be able to determine whether or not the offer is fair.

Whether your personal injuries were the result of a car accident, a slip-and-fall, a defective product, or another reason, your sole focus should be on recovering. Hiring personal injury lawyers in Brainerd can be extremely helpful as it will save you a lot of stress and legwork.

As you channelize your efforts towards getting better, your attorney will work towards protecting your rights, and essentially create an invisible wall between you and those who can disturb your composure. With self-representation, you cannot get this priceless benefit.

Apart from providing you with sound legal counsel and representing you in court, here are a few other ways in which personal injury lawyers in Brainerd can help you.

Performs Thorough Investigation

Most experienced personal injury lawyers in Brainerd have their own team of trustworthy professional investigators. These investigators visit the site of the accident, interview witnesses, and formulate viable theories about how the accident occurred.

An attorney may also be able to have outside experts, specializing in accident reconstruction, document your case facts and get their valuable inputs. When you hire a lawyer, you can make the most of their associations with these professionals, which may not be possible if you choose to represent yourself.

Assesses the Damage Accurately

A lot of accident victims consider only the short-term effects of their accident. Some of their areas of concern include paying bills to avoid harassment from collectors, managing their limited funds due to job loss or a break, and getting their vehicle repaired to get back on the road (in car crash cases).
Personal injury lawyers in Brainerd deal with such cases routinely and can help accurately estimate the long-term effects of your injuries. If you’ve been left permanently disabled, your lawyer can be particularly helpful in assessing the damages based on your loss of earning capacity. They may also involve an actuary to evaluate the lifetime impact of the accident.

Navigates Legal Waters

Personal injury laws vary from state to state. Experienced personal injury lawyers in Brainerd are well-versed in local court procedures and the various applicable laws. Their knowledge helps keep confusion, miscommunication, and delays at bay. Based on your specific case facts, they may also be able to suggest alternative methods of resolution, such as arbitration or mediation.

Further, they are adept at creating and filing legal paperwork in court, in keeping with Minnesota statutes of limitations. It is highly unlikely that the layman will know of all these factors, making self-representation a tricky option.

Negotiates with Insurance Agencies

While everyone is encouraged to get insurance, only a few actually understand it. Insurance-related matters can be extremely complex and confusing. Personal injury lawyers in Brainerd will provide you with the necessary guidance to complete the insurance claims process.

Moreover, insurance companies are powerful multi-million-dollar entities that will try every trick in the book to settle your claim for much less than its worth. A personal injury lawyer will negotiate with them on your behalf, uphold your rights, and ensure you have access to insurance coverage.

Manages Litigation

Courtroom settings can be daunting if you’re representing yourself during litigation. Fortunately, when you hire experienced personal injury lawyers in Brainerd, they will manage the litigation process for you. Even if you do need to go to court as a witness, your attorney will ensure that you are well-prepared for it.

Conclusion

Personal injury lawyers in Brainerd can be your best allies if you decide to file a lawsuit against the parties responsible for your suffering. While some cases can be resolved through self-representation, it is always a good idea to engage an accomplished attorney to represent you in complex legal matters. Consultation and representation from a seasoned personal injury lawyer can make all the difference between a positive and an unfavorable case outcome.

Consult Our Experienced Personal Injury Lawyers in Brainerd

At Carlson & Jones, P.A., we fight tooth and nail for our clients, both in and out of court settings. We conduct an in-depth evaluation of the circumstances surrounding your unique case and accordingly formulate a plan of action that maximizes the compensation due to you. Call our skilled lawyers at (855) 976-2444 or contact us through our online form to schedule a free consultation.

What Should I Expect from My Personal Injury Lawyer in Minnesota?

A personal injury in Minnesota can result from an automobile collision, a slip-and-fall accident, or a dog bite, among others. Regardless of the reason, if you’ve suffered an injury due to another person’s negligence, you can file personal injury claims in Minnesota with the help of a skilled lawyer.

Most personal injury cases settle outside court, but depending on the circumstances, cases can also go to trial. Whether your case settles or goes to court, your personal injury lawyer will work hard to get you the best possible outcomes.

One of the most important tasks that your Minnesota personal injury will help you with is recovering fair compensation from the at-fault party. That’s why, if you’ve suffered a personal injury in Minnesota, you should immediately consult a lawyer to determine whether or not you have a claim. Once they deem your case eligible, they will help you in several ways.
Let’s take a look at what you can expect from your personal injury attorney.

Getting into the Nitty-Gritty

When you visit an attorney to know more about your legal rights and eligibilities, and explore your options as a victim of personal injury in Minnesota, be prepared to answer some pointed questions. Your attorney will want to dig deeper and evaluate your case intensely, which is why they may ask you extremely specific and even uncomfortable case-related questions.

You will have to remember everything that happened and provide them with detailed answers. These details will help your lawyer handle your case efficiently as they will know everything that can help strengthen your claim.

Help with Medical Considerations

It is a good idea to list your personal injury lawyer’s name as one of your emergency contacts. This will ensure that in case something happens to you, they will be among the first persons to get a call, and they may be able to help you get the right and the proper treatment.

This can be even more beneficial if your lawyer has dealt with medical malpractice cases. Further, your lawyer can proceed to file personal injury claims in Minnesota against the party responsible for the mishap while you focus on your recovery.

Prepare You for Possible Counter-Arguments

Like in most personal injury cases, it is very likely that your account of the accident/mishap will not exactly match the other party’s version. This is normal as different perspectives have inconsistencies.

To ensure that your lawyer is prepared to counter every possible version, they will cross-question you to establish the validity of your story. This way, they will also come as close as possible to the truth, while finding loopholes and weaknesses that need to be addressed in the case.

Deal with Insurance Matters in Minnesota

Insurance-related matters can, sometimes, leave even experienced lawyers perplexed. Hiring a personal injury attorney will ensure that you receive the necessary guidance to go through the insurance claim process with as much awareness as possible.
Further, insurance companies often try to settle a claim for much less than its worth.

If you don’t know how to negotiate with an insurer, you may not be able to gauge the fairness of the settlement offered. Once you hire a seasoned personal injury lawyer, you can expect them to step in and use their experience to help you get the best possible settlement.

Enable Better Decision-Making

Filing a personal injury claim may seem like a lengthy and complicated process to a victim of personal injury in Minnesota. In rare cases, the at-fault party may acknowledge their liability and offer you compensation for your injuries.

If the amount is fair, i.e., in keeping with the extent of your injuries, filing a legal claim may not be necessary. In such a case, you can look to your personal injury lawyer for sound counsel on the best course of action, in accordance with your unique situation.

Represent You in a Minnesota Court

After suffering a serious personal injury in Minnesota, it is only natural for you to want the at-fault party to compensate you. In this regard, you can count on your personal injury lawyer to support you in every way.

In case negotiations with the insurance company fail, you may need to go to trial or partake in a mediation. Regardless, you can expect your lawyer to represent you in all the legal proceedings, offering you the much-needed legal support to take a stand confidently.

Conclusion

Whether you’ve suffered a personal injury in Minnesota due to a slip-and-fall or a motor vehicle crash or experienced the loss of a loved one due to someone’s negligence, recovering from physical and mental trauma can be complicated. On top of that, dealing with medical expenses and insurance companies can make things harder. Hiring a personal injury attorney for filing your legal claim and receiving monetary compensation can help ease your situation to some extent. Hopefully, this post will help you understand what to look forward to when you take this step.

Consult Our Compassionate Minnesota Personal Injury Lawyers Today

At Carlson & Jones, P.A., we understand that dealing with the ramifications of a personal injury in Minnesota can be daunting. Attending to injuries, treatments, insurance matters, and a potential lawsuit can be physically and emotionally taxing for victims. This is why we are here for you. We will protect your rights and fight tooth and nail so you are fairly compensated. Call us at (855) 976-2444 or contact us through our online form to schedule a free consultation.

What to Expect from Your Personal Injury Lawyers in Brainerd

A car crash can change your life forever. It can leave you and your family in a terrible physical, mental, and financial state. Although car crashes have decreased over the years, they continue to affect a lot of people. In 2019, there were 80,636 traffic crashes, which claimed 364 lives and injured 27,260 people, including causing 1520 serious injuries.

When you are in a car accident, getting your life back on track requires a lot of time, emotional support, and expensive medical help. Fortunately, Minnesota personal injury law allows you to file a lawsuit to recover the costs of your medical expenses and emotional and mental trauma, among other things. That’s where personal injury lawyers in Brainerd come in.

When you hire competent personal injury lawyers in Brainerd, here is what you can expect.

1. Get Expert Advice in Minnesota Personal Injury Law

Personal injury lawyers in Brainerd specialize in different areas of Minnesota personal injury law. When you hire an experienced attorney, you can get legal advice and help in cases related to vehicular crashes, defamation, medical malpractice, dog bites,slip-and-fall accidents, and more. So, whatever your personal injury case involves, you can get the best possible legal help.

As your lawyers are familiar with local law enforcement, courtroom proceedings, and dealing with insurance companies, they can provide you with the right legal advice every step of the way. Expect your personal injury attorney to use their experience to present your side of the story in the best possible light.

2. Investigate Your Case Further

Most personal injury lawyers in Brainerd offer an initial consultation to their potential clients. After accepting your case, you can expect your lawyer to crosscheck your story and investigate your case further.

The purpose of this investigation is to establish the chain of events and facts related to your case. So, you may have to face some pointed questions when your attorney investigates the case. Make sure to be as accurate as possible when answering. You also should fulfill all requests for information.

Personal injury lawyers in Brainerd may also hire private investigators and expert witnesses to strengthen your case. You must co-operate with your attorney as this investigation will lay the foundation for proving your claim, irrespective of whether or not it goes to trial.

3. Negotiate with the Insurance Company

Most people have insurance as it offers a sense of financial safety. However, insurance companies are often reluctant to make huge payouts. The insurance adjuster will probably try to trick you into accepting the lowest possible compensation. Sometimes, they may not even pay you a penny.

However, you can expect your personal injury lawyers in Brainerd to negotiate with the insurance company on your behalf. As your attorney has already dealt with the multi-billion-dollar insurance companies, they will know how to handle your negotiations. You should avoid talking to the insurance company representative, even informally, unless your lawyer is present. This simple step will help you win the best possible compensation, helping you recover quickly and smoothly.

4. Represent You If Your Case Goes to Trial

Most personal injury cases settle out of court as trials are often expensive and time-consuming. However, in the rare event, your case does go to trial, expect your personal injury lawyers in Brainerd to represent you in the courtroom. Your attorney will prepare and file the paperwork for your case.

They will also conduct depositions, talk to the investigating agencies, prepare expert witness testimony, and represent you in all your hearings. In other words, your personal injury lawyers in Brainerd will do all the legwork, allowing you to focus on your recovery. Remember, the sooner you can recover, the quicker you and your family can get back on track.

5. Realistic Expectations about the Compensation

The primary goal of personal injury lawyers in Brainerd is to get you the best possible compensation. However, you have to be realistic. Not all personal injury cases can end up winning a million-dollar payout. Each case is unique, and your lawyer can offer an objective opinion about yours only after a careful study.

Your attorney will know when to compromise and when to fight. Make sure to listen to their advice every step of the way. Most personal injury lawyers in Brainerd will also offer you the best and worst-case scenarios. You will need to study both situations carefully before making your decision.

6. Fee Transparency

Perhaps the most critical thing you can expect from professional personal injury lawyers in Brainerd is payment transparency. Attorneys often handle personal injury claims on a contingency basis, which means your lawyer gets paid if you get compensated. However, you will still need to pay court fees and other legal expenses.

Whether your lawyer works on a contingency or charges an hourly rate or even a flat fee upfront, make sure they have a transparent payment policy. Your attorney should explain the overall expenses you will have to bear before accepting your case.

Conclusion

A personal injury claim can help pay for your medical expenses, lost wages, and other expenses after getting hurt in an accident. Hiring the right legal advisor can help you win the maximum possible compensation for your personal injury claim. However, before hiring a lawyer, you should know what you can expect from them. Hopefully, this post will help you understand what you can expect from your personal injury lawyers in Brainerd.

Call Professional Personal Injury Lawyers in Brainerd Today

Carlson & Jones, P.A. Is probably the best choice for handling your personal injury claims in Minnesota. Depending on your case, our expert lawyers will fight to get you the maximum possible compensation. You can call us at (855) 976-2444 or contact us through our online form to schedule a free consultation.

 

Are You Entitled to Legal Aid for Your Personal Injury in Minnesota?

If you’re entangled in a complicated legal issue, it is only natural for you to seek help and find a way out. The question of whether or not you can afford a lawyer is bound to weigh heavily on your mind. A lot of people turn to Legal Aid in such situations. However, only those eligible can avail of this free or low-cost legal service.

Before you start looking for Legal Aid, you should know that you may or may not be eligible for this type of legal assistance. A lot will depend on your financial situation and your unique legal problem. More often than not, Legal Aid offices do not handle personal injury claims in Minnesota. However, depending on your specific circumstances, exceptions in cases related to personal injury in Minnesota may be possible.

Getting Legal Aid in Minnesota

If you can’t afford to hire an attorney for your case, all is not lost. You can turn to state-sponsored legal Aid programs, such as Central Minnesota Legal Services, which is a non-profit organization that provides free legal aid to low-income people and seniors. Similarly, depending on where you reside, you can also approach the Southern Minnesota Regional Legal Services for assistance.

You need to bear in mind that certain income limits and other restrictions that may apply for you to become eligible to receive their assistance.

Who Provides Legal Aid?

Legal aid can come from various sources, and the providers may differ in size and the cause they support. For example, some providers may focus only on specific issues like domestic violence, while others may accept cases from cities or states with lowered restrictions on the issue at hand.

Generally speaking, the total amount dedicated to the delivery of civil legal aid in the U.S. is nearly $1.345 billion. The Legal Services Corporation (LSC) alone provides around one-fourth of this funding, making it the largest funder of the Legal Aid program in the U.S.

Other funding sources for Legal Aid include private donations and foundations, state-funding, grants from federal, state, and local government bodies, and cy pres awards.

What Cases Does Legal Aid Cover?

A Minnesota Legal Aid lawyer can represent people in the following types of cases:

  • Employment
  • Taxes
  • Housing
  • Health insurance
  • Public health benefits
  • Family matters
  • Senior issues
  • Domestic violence
  • Immigration issues

Sometimes, due to certain restrictions, a Legal Aid lawyer may not be able to provide representation in a legal matter. In such cases, they may refer your case to a volunteer lawyer.

Can You Get Legal Aid for Your Personal Injury in Minnesota?

Typically, personal injury in Minnesota cases doesn’t fall under the purview of the state’s Legal Aid services. However, you may be eligible for it under certain extraordinary circumstances.

If you’re a victim of domestic violence, for instance, and have suffered personal injuries due to it, you may be able to avail representation for your case. Generally speaking, Legal Aid can be sought by only those who are facing potentially life-changing situations or have committed violations that are impacting other people’s rights.

Some Legal Aid programs offer pro bono legal services, where private attorneys represent individuals who cannot afford lawyer’s services, at no cost. In other words, pro bono programs are meant to help people from low-income groups connect with volunteer lawyers, who are willing to handle their case for free or for a nominal fee. These programs are also usually sponsored by state or local bar associations.

Conclusion

Legal Aid is an invaluable option for low-income individuals who cannot afford to hire a lawyer to represent them. It can prove to be a big boon for those looking to approach the judiciary for justice but don’t have the monetary resources to be able to do so. However, not everyone is eligible for Legal Aid and the law requires that certain criteria be met to qualify for it. While Legal Aid does not accommodate personal injury cases, some exceptions are possible. Hopefully, the above information will help you understand what it does and does not cover. You will do well to speak to a qualified Minnesota lawyer to gain further clarity.

Call Our Knowledgeable Personal Injury Lawyers Immediately

Being a victim of personal injury due to someone else’s negligence can be frustrating. Depending on the circumstances surrounding your case, you may be entitled to receiving Legal Aid. It is best to consult a lawyer to find out whether or not you are eligible for it. The team of skilled attorneys at Carlson & Jones, P.A. is ever ready to provide you with sound legal guidance in this matter. To schedule a free consultation, call us at (855) 976-2444 or contact us through our online form.

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.

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

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Brainerd Lawyers

17025 Commercial Park Rd, Suite 2
Brainerd, MN 56401

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

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Hutchinson Lawyers

114 Main Street North
Hutchinson, MN 55350

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

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Minnetonka Lawyers

3911 Ridgedale Dr, Suite 404E
Minnetonka, MN 55305

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

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