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Every year, serious car crashes injure or kill millions of people. Medical bills, monthly living expenses, and other costs quickly pile up, and there is often no money coming in to pay them. At the same time, an insurance company representative calls almost constantly with a can’t-miss settlement offer. Making matters worse, the pain from the accident makes it very difficult to get through daily activities.
A Minnesota Personal Injury Lawyer offers relief from all these problems. Most of our clients at Carlson & Jones get ongoing medical treatment without paying any money upfront. Furthermore, a lawyer gives your case an accurate settlement value. So, you don’t sell your case short and don’t hold out for money that may be unavailable.
Despite all these advantages, and more, some people are reluctant to partner with an attorney. Here are some of the excuses we hear the most frequently.
Some victims think if they were partially at fault for the accident that they cannot obtain damages. Contributory negligence is extremely common in Minnesota car crash cases, which is why the law makes specific provisions in this area. Joint fault does not change the fact that you were hurt in an accident. So, although your damages may be reduced, there is still plenty of money available.
Minnesota is a modified comparative fault state with a 51 percent bar. Assume Vinnie Victim and Terry Tortfeasor collide in an intersection. The evidence indicates that Vinnie was travelling 45mph in a 40mph zone, and Terry made an illegal turn. If the jury divides fault 50-50, Vinnie would indeed get nothing. Terry was not at least 51 percent at fault. But if the jury divided fault 60 percent to Terry and 40 percent to Vinnie, Vinnie receives a proportional share of damages.
In these cases, a personal injury attorney must maximize the tortfeasor’s (negligent driver’s) role in the accident and minimize the victim’s role. So, Vinnie’s attorney could point out that he was only travelling five mph over the speed limit. That’s not fast enough to significantly affect stopping distance or driving ability, in most cases. However, Terry pulled into the intersection without looking. That’s a classic violation of the rules of the road and one that the jury can clearly see.
Even if both drivers got tickets at the scene, you may still be eligible for significant compensation. The only way to know for sure is to speak with an experienced attorney.
In this context, no-fault doesn’t always mean no-fault. Minnesota does have a no-fault insurance law, but it only applies in non-serious injury collisions. Victims may file liability claims if they meet the 4000/60 requirement.
First, medical bills must be more than $4,000. If you went to the hospital, your medical bills usually exceed this threshold even if you did not stay overnight. In the alternative, victims can file liability claims if their injuries precluded their normal activities for at least 60 days. The sixty days do not need to be consecutive.
In these cases, the amount of damages is almost directly related to fault in the accident. The worse the tortfeasor’s conduct or misconduct, the higher the damages, as a rule of thumb.
In the Midwest, many people have a very strong can-do spirit. Usually, that’s a good thing. But seriously injured car crash victims really need to partner with Minnesota Personal Injury Lawyers.
If you try to handle the case yourself, the insurance company’s lawyers will bully you and take advantage of you. At Carlson & Jones, we’ve seen it happen time and time again. Your family deserves better.
This one is partially true. But in most cases, it doesn’t matter. About 97 percent of civil cases settle out of court. Many times, the case settles before a lawsuit is even filed. Typically, Minnesota judges order all these cases to go to mediation before trial. During mediation, a third party facilitates settlement negotiations between the two sides. To avoid the risks of a trial, both sides are usually motivated to resolve the case. So, mediation is almost always successful, especially if it is voluntary.
This problem is quite frequent in Minnesota. This state has a lot of uninsured and underinsured drivers. Most victims, however, have UM/UIM coverage. If your insurance company refuses to pay, an attorney will fight for compensation. If the case does not settle, it usually goes to arbitration instead of trial.
Minnesota also has a number of strong vicarious liability laws. For example, if the tortfeasor was an employee working within the scope of employment at the time of the crash, the employer may be responsible for damages. Minnesota also has a dram shop law which holds some alcohol providers liable for damages if their intoxicated patrons cause crashes.
To get maximum compensation for your valuable claim, contact Carlson & Jones, P.A. for a free consultation. Our Minnesota Personal Injury Lawyers routinely handle cases in Hennepin County and nearby jurisdictions.
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215 East Highway 55, Suite 201
Buffalo, MN 55313
Toll Free: (877) 344-1555
Phone: (612) 800-8057
Fax: 763-682-3330
17025 Commercial Park Rd, Suite 2
Brainerd, MN 56401
Toll Free: (877) 344-1555
Phone: (218) 736-9429
Fax: 763-682-3330
114 Main Street North
Hutchinson, MN 55350
Toll Free: (877) 344-1555
Phone: (320) 289-4761
Fax: 763-682-3330
3911 Ridgedale Dr, Suite 404E
Minnetonka, MN 55305
Toll Free: (877) 344-1555
Phone: (952) 260-9640
Fax: 763-682-3330