The Mn Criminal Defense, Personal Injury & Family Law Blog
What To Expect From A MN Personal Injury Lawyer In Buffalo
May 12, 2018
If you were hurt because of someone else’s negligence, you need immediate financial assistance. Car crash injuries, such as whiplash, are very difficult to properly diagnose and treat. Dog bite injuries often require extensive reconstructive surgery. Finally, drug overdoses, falls, and swimming pool drownings usually cause serious injuries. It’s not unusual for the medical bills alone toexceed $100,000.
But you should expect more than just financial compensation from a personal injury lawyer in Buffalo. You should also expect your attorney to give you solid advice throughout this difficult time.
At Carlson & Jones, we have helped thousands of Minnesota accident victims over the years. Because of this experience, we have developed proven methods to deal with situations like the one your family is facing right now. Every case is different, but we use a common approach is most of them.
Victim/plaintiffs have the burden of proof in negligence cases. Even if liability is crystal clear, it’s impossible to obtain fair compensation without evidence. So, you should expect your Buffalo MN Personal Injury Attorney to work hard in the initial phases of your case.
A vehicle’s Event Data Recorder is a very good example. Many people do not even know their vehicles contain EDRs. These highly-sophisticated gadgets capture and record information like:
Acceleration or deceleration rate,
Vehicle speed, and
Evidence like this is very valuable in a Buffalo car crash case. The evidence is even more valuable if it comes from an electronic source. Savvy insurance company lawyers can sometimes discredit eyewitness testimony. But assuming the device is working properly, it’s almost impossible to challenge EDR-related evidence.
As in many other areas, a Buffalo attorney must act quickly to preserve physical evidence. Most insurance companies destroy totaled vehicles within a few days of a crash. If that happens, the EDR may be gone forever. To prevent such an outcome, a Buffalo attorney will send a spoliation letter to the insurance company. That letter creates a legal duty to preserve all physical evidence, including the EDR, even though a legal claim is not yet on file.
You should also expect your Buffalo personal injury lawyer to have the resources necessary to do the job. Vehicle EDRs are very complex, and large truck EDRs are almost hopelessly complicated. It’s vital that your lawyer have the resources to access and download EDR data. Your claim for damages will probably be much weaker without such evidence.
Top Advocacy Skills
Evidence is useless until an experienced attorney uses t to craft legal arguments, just like a jigsaw puzzle is just a jumble of pieces until someone assembles it. In most injury-related cases, like the ones described above, there are several available theories:
Negligence: If the tortfeasor (negligent actor) did not use reasonable care, the tortfeasor may be liable for damages. Examples of such lapses include a failure to follow the rules of the road, keeping a dangerous dog unrestrained, or a failure to properly latch a swimming pool gate.
Negligence Per Se: Sometimes, the tortfeasor is liable for damages as a matter of law, so there is less that the victim/plaintiff needs to prove. If the tortfeasor violated a safety law, such as the DUI law, and that violation caused injury, the negligence per se shortcut is usually available.
Strict Liability: This theory applies in both defective product claims, such as a broken hip implant, and dog bite claims. For example, theMinnesota dog bite law is one of the most victim-friendly strict liability laws in the country. Owners or custodians are responsible for any and all injuries related to the attack. The victim/plaintiff need only establish cause.
But preparing your case is not enough. You also have the right to expect your Buffalo personal injury attorney to prepare for some common insurance company defenses, such as contributory negligence. Essentially, Minnesota insurance company lawyers try to shift blame for the accident from the tortfeasor onto the victim. The state’s laws with regard to contributory negligence are quite complex.
Should You Expect Results from a MN Personal Injury Lawyer in Buffalo?
There are very few guarantees in life, and there is no guarantee that your injury claim will be financially successful. However, if your attorney works hard to collect evidence and has outstanding advocacy skills, you have every reason to believe that fair compensation will follow.
There is one other ingredient. Your Buffalo personal injury lawyer must always stand up for you and be a strong voice in court. That passion usually fuels the necessary evidence collection and advocacy skills. Unless your lawyer displays such passion, your claim is likely to fall short.
The results you should expect include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
CALL TODAY TO SPEAK WITH A BUFFALO MN PERSONAL INJURY LAWYER AT CARLSON & JONES
If your attorney works hard, has above-average advocacy skills, and has a passion for accident victims, you should expect a positive result. For a free consultation with an experienced personal injury attorney in Buffalo, contact Carlson & Jones, P.A. An attorney can connect victims with doctors, even if they have no money or insurance.
BUFFALO MN LAW FIRM
215 East Highway 55
Buffalo, MN 55313
Toll Free: 877-344-1555