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.

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.

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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
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Hutchinson Lawyers

114 Main Street North
Hutchinson, MN 55350

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Phone: (320) 289-4761
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Minnetonka Lawyers

3911 Ridgedale Dr, Suite 404E
Minnetonka, MN 55305

Toll Free: (877) 344-1555
Phone: (952) 260-9640
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