What is a Soft-Tissue Injury Claim Worth?

stretching out a knee ligamentCar crashes can cause a variety of soft-tissue injuries, depending on the type and speed of the crash and the point of impact. While many people may take these injuries less seriously than things like broken bones or internal injuries, they can often cause long-lasting pain and suffering, limited mobility, and other medical problems.

Below, learn more about how attorneys evaluate these injuries to determine the value of the economic and non-economic damages they can cause.

If you were injured in a crash, you should seek immediate medical attention as you may not notice signs of a soft-tissue injury immediately afterward. If you wait, the injury could get much worse and your recovery may take longer. After seeking treatment, contacting a lawyer is an important step as you pursue fair compensation.

Soft-Tissue Injuries That Often Result from Crashes

A soft-tissue injury is one that affects the ligaments, tendons or muscles.  These ligaments, muscles or tendons are in the neck, back, knees, elbows or shoulders. These body parts can become strained, sprained or torn, resulting in significant pain, limited mobility and other problems.

Some common examples of soft-tissue injuries include:

  • Whiplash – This is an injury to the neck that often occurs in rear-end accidents. The driver’s head and neck are jolted forward by the impact and suddenly stopped, often because of the seat belt or airbag. This can lead to severe pain, headaches, dizziness, tingling in the arms and stiffness in the neck. Whiplash could affect you for months or even years.
  • Contusions – These are severe bruises that may result from a body part hitting the steering wheel, airbag, dashboard or door. You could experience pain or swelling and limited mobility around the contusion.
  • Sprains – This refers to twisting or overextension of joint ligaments. Whiplash could be considered a type of sprain.
  • Strains – This is like a sprain except the muscle or tendon can be stretched or partially torn. Symptoms can include pain, weakness, swelling, inflammation and cramping.

Evaluating Soft-Tissue Injury Damages

One of the main factors in the value of a soft-tissue injury claim is the medical bills for past and future treatment for your injury. For example, you may need to see a chiropractor and/or physical therapist to help you regain mobility, strength and function in the injured area. You may also need to get X-rays, MRIs or other tests to diagnose your injury and the body parts that are affected.

Pain from your injury may require prescription medication, along with crutches or braces to deal with limited mobility.

It is important to hire an attorney with the resources to thoroughly evaluate your damages. For example, your lawyer may need to consult a medical expert to determine the treatment you may need and how long you may need it. An experienced attorney can also be beneficial to your claim because he or she will have helped many other crash victims determine the value of their damages.

Another important factor in the value of a soft-tissue injury claim is the pain and suffering you experience on a daily basis. There is no defined value of pain and suffering. The value of these damages is determined on a case-by-case basis.

There are two common ways attorneys and insurance companies may calculate pain and suffering. For example, they may add up all your economic damages (medical bills, lost wages, property damage) and multiply this total by a number, often something between one and five. Another way is to determine a daily value of your pain and suffering and multiply that by the number of days of pain you are likely to experience.  Years of experience help attorneys compare past settlements and verdicts to current cases and create a fair understanding of the legal value of the injury.

Your attorney will also need to consider other factors, such as whether your condition is likely to get worse over time and how effective future treatment may be.

Call Today to Set Up a Free Consultation About Your Soft-Tissue Injury

You may have many questions after suffering an injury in a car crash, including questions about taking legal action to obtain compensation for the damages you suffered.

That is why meeting with an attorney for a free consultation can be an important step to take. The Minneapolis personal injury attorneys at TSR Injury Law have a proven track record of recovering fair compensation for crash victims. Over more than two decades serving Minnesota injury victims, we have obtained over a billion in compensation.

There are no upfront fees for our services, as we are no paid for representing our clients unless we obtain compensation on their behalf.

Have questions? TSR Injury Law is here to help. Call (612) TSR-TIME.

How Important is the Police Report After a Car Crash?

woman talking to police about a crashOne of the first thoughts many car crash victims have in the moments after the crash is about calling the police. Victims want police officers at the scene to investigate, issue traffic citations and complete a report on the crash.

While it is true that it is important to call the police after a crash, particularly if you want to have a chance of obtaining compensation for your vehicle or body damages, there are limitations to police reports. Below, learn more about how police reports can help car crash claims and some of the limitations.

Our Bloomington auto accident attorneys offer a free legal consultation to discuss your crash and the damages you have suffered. We understand what car crash victims go through because we have helped so many obtain compensation for car crash damages. The consultation is free and comes with no legal obligations, which means no risk to you.

How a Police Report Could Help Your Claim

A police report provides an unbiased, third-party account of a crash, and police officers’ accounts of crashes are often considered reliable. People who witnessed the crash are also more likely to talk to police officers about what they saw because they often trust the police.  The witness’ recollection is also best right after the crash versus several weeks or months later.  The at fault party may also “admit” what they did at the crash scene, but later have a change of heart and start to forget or change their story.

Police reports provide basic details about the situation, including things like the weather, date, time, damage to the vehicles, road conditions in the area, traffic citations that were issued and contact information for witnesses. Sometimes police reports contain the responding officer’s opinion about who was at fault for the crash.

Police reports are often used in the insurance claims process, as they provide a lot of information that can be used in your demand letter for compensation.

While every insurance policy is unique, there may be a requirement to file a police report in order to obtain compensation. In fact, there are several Minnesota policies that will not allow a claim unless a police report is filed.  The State of Minnesota also requires you to file a police report when a crash fits certain criteria.

However, even if you are unsure if the crash fits these criteria, you should err on the side of caution and call the police anyway. Your injuries could be much worse than you initially realize. Crash victims have a tendency to minimize the severity of their injuries, unless there is a lot of blood or there are broken bones.   Even a basic description of an injury at the crash scene helps explain later pain and treatment that was needed.  Of course, medical records will have details about the injury, but the report can buttress the other records.

A police report helps to connect your injury to the crash. Without a police report, the insurance company is likely to question whether your injury happened in the crash or in another incident.

Limitations of Police Reports

Unfortunately, police reports generally cannot be admitted as evidence in a trial. These documents are considered hearsay, as the police officer has no direct knowledge of the crash. The report is not as reliable as an account from someone who was either involved in the incident or actually witnessed it.   However, the police report can be used to refresh an officer’s memory, so they can testify with a better memory of the events that usually took place years before.

While there are limitations to a police report, most car crash claims are resolved through an insurance company settlement. That means most crash victims do not need to go to trial to recover compensation for their damages.

Injured in a Car Crash? Call Today to Discuss Your Situation with a Licensed Lawyer

After calling the police and seeing a doctor, an important next step is talking to an experienced attorney about your crash. You may be eligible for compensation for damages as the crash may have been caused by another driver’s negligence, such as drunk or distracted driving.

Your free initial consultation is a chance to learn more about how we may be able to assist you during this difficult time. You are not under any obligation to hire our attorneys to represent you if we validate your claim. That means no risk to you in meeting with us.

Call us as soon as possible to set up a free legal consultation. Phone: (612) TSR-TIME.

Blue Bell Creameries to Plead Guilty, Pay $19.35M for Shipping Contaminated Products

empty courtroom view from judge's seatOn May 1, the U.S. Justice Department announced Blue Bell Creameries pled guilty and agreed to pay $19.35 million for shipping contaminated products that were linked to an outbreak of listeriosis in 2015. The guilty plea covers two misdemeanor counts of distributing ice cream products that had been tampered with.

Blue Bell has also agreed to pay $2.1 million for resolving civil claims related to making ice cream in unsanitary conditions and selling it to federal facilities, which violated the False Claims Act.

The former president of Blue Bell, Paul Kruse, is also facing charges of taking part in a scheme to conceal the outbreak from customers.

According to the Department of Justice, Blue Bell distributed ice cream made in unsanitary conditions and was contaminated with Listeria monocytogenes, which can be life-threatening.

What Blue Bell Did After Learning of the Outbreak of Listeria

In early 2015, Blue Bell was notified by state officials about two products from a factory in Texas that tested positive for Listeria monocytogenes.

To its credit, Blue Bell took action to remove the remaining two products from store shelves. However, the company did not recall the contaminated products or provide a warning to consumers, even after state officials in Texas discovered listeria in a third product.

Blue Bell did not issue a recall until there were 10 reported cases of listeria in four states. Three of those who were reportedly sick in Kansas ended up dying.

The company released a statement saying the plea deal concerned things that happened five years ago before facilities were closed and revamped. The company also apologized to customers, employees and the communities where they work and live.

The lawyer for former president Kruse said the former president is innocent and he and other employees did the best they possibly could with the information they had back in 2015.

Have You Been Injured by a Defective Product?

Our Bloomington defective product lawyers offer a free consultation to discuss your situation. You may be eligible to seek compensation for the damages you suffered. There is no obligation to take legal action after meeting with us.

We have obtained over a billion in compensation on behalf of our clients and we do not get paid unless our clients are paid first.

Schedule your free consultation today by calling (612) TSR-TIME.

Can You File a Business Interruption Insurance Claim Over the COVID-19 Pandemic?

business closure sign for covid-19We cannot overstate the damage the COVID-19 pandemic and resulting shutdown orders have done to the U.S. economy. Millions of people have lost their jobs and many businesses will not survive the economic slowdown.

One possible lifeline for these businesses is business interruption insurance. If you purchased a policy, you may be able to file a claim and obtain compensation to help keep your business alive.

However, insurers are being overwhelmed with these claims right now. That gives them one more reason to look for a way to deny your claim. That is why discussing the situation with one of the Minneapolis personal injury lawyers at TSR Injury Law is a good idea. The consultation is free and we do not get paid unless you do.

Do I Have a Valid Claim for Business Interruption Insurance Compensation?

This is one of many questions you can ask the experienced attorneys at our firm in a free consultation. Once we review your business interruption insurance policy, the reason your claim was denied, your losses, and other factors, we could get a better idea about whether you have a valid claim.

While each policy is different, they generally cover loss of income caused by business operations being suspended or reduced, often because of physical damage to the premises where the business operates. Policies usually list the perils that are covered.

While these policies are often limited to losses caused by physical damage, some policies allow you to pursue compensation for losses caused by an order from a civil authority, which might include the stay-at-home order issued in Minnesota in March.

Whether you have already filed a claim and it is being processed, it has already been denied or you are contemplating a claim, consider contacting TSR Injury Law to schedule a free legal consultation. Be careful talking to the insurance company, as they will try to use what you say against you.

Compensation That May Be Available?

There are a variety of monetary losses you may be able to include in a business interruption insurance claim, such as lost revenue and profits. Other losses your policy may cover include:

  • Rent
  • Compensation for your employees
  • Cost to reopen your business
  • Litigation costs
  • Tax bills
  • Utility bills (phone, electric, internet, etc.)

A common question about these policies is: how long will compensation be provided?

It depends on the policy. Sometimes compensation could be provided for several months, other times it may be provided for a much shorter time.

Why Business Interruption Insurance Claims May Be Denied

One of the most common reasons business interruption insurance claims are being denied is due to a lack of physical damage to the business. It may be possible to argue that the virus can physically damage a business because it makes the premises unsafe for customers.

Some business interruption insurance claims may be denied because there was no mandatory stay-at-home order. However, this may be an invalid reason in Minnesota because of the mandatory stay-at-home order issued in March.

Another possible reason for your claim being denied is that your policy has specific exclusions for things like pandemics and viruses. Many insurance companies added these types of exclusions after the Severe Acute Respiratory Syndrome (SARS) outbreak in 2003. The thing is, these exclusions may not hold up if you hire an attorney to challenge them.

Make sure not to miss the deadline for filing a claim. You may need to file a claim even as you are accruing losses.

Keep track of documentation of your losses and damages caused by the shutdown. Some of the documentation that may help our attorneys validate your claim includes:

  • Insurance policy, particularly the declarations page
  • Bank statements
  • Bills for rent and utilities
  • Profit and loss statements
  • Records of the revenue of your business before the shutdown
  • Invoices
  • Purchase orders

Is Your Business Struggling to Survive? Call to Discuss a Business Interruption Insurance Claim

There is no risk in contacting our firm for a free legal consultation. There is no obligation to file legal action if we find you have a valid claim, and we do not receive compensation for our services unless you receive compensation.

We have recovered millions in compensation from insurance companies in a variety of claims. We know how insurance companies operate and how to overturn a denied claim.

Our lawyers are ready to manage your claim while social distancing, thanks to eSign and other technology. We are also ready to manage every aspect of the legal process without the need for a face-to-face meeting. Helping our community stay safe is of paramount importance.

Have questions? Call (612) TSR-TIME to learn more about how we may be able to assist you.

Nursing Home Industry Seeking Immunity from COVID-19 Lawsuits

nursing home during the daytimeNursing home residents are at high risk for suffering fatal complications if they contract COVID-19, which is why more than 12,000 residents have died after contracting the virus.

Part of the reason for the spread of the virus in these facilities could be nursing home negligence, which is why the industry has been pushing for immunity from lawsuits. So far, several states have granted nursing homes explicit immunity from COVID-19 lawsuits. Several other states have also granted some level of immunity for health care providers, which may include nursing home workers.

States where nursing homes could be immune from lawsuits over COVID-19 negligence include:

  • New York
  • Alabama
  • Arizona
  • Connecticut
  • Georgia
  • Illinois
  • Kentucky
  • Massachusetts
  • Michigan
  • Mississippi
  • New Jersey
  • Nevada
  • Rhode Island
  • Vermont
  • Wisconsin
  • Virginia

Massachusetts and New York passed laws that specifically give immunity to nursing homes. Meanwhile, the governors of Connecticut, Georgia, Michigan and New Jersey issued executive orders providing immunity. The governors of Illinois and Arizona signed executive orders providing broad immunity to health care providers. Laws were passed in Louisiana, Kentucky and Wisconsin providing immunity for health care providers.

The definition of the term health care provider is crucial in states that provided immunity to these professionals. Victims and their lawyers will likely challenge these laws and executive orders based on the definition of a health care provider.

The American Health Care Association (AHCA) is leading the national lobbying effort for immunity for nursing homes. The AHCA has spent $23 million on lobbying efforts over the past six years.

Immunity could allow nursing homes to avoid liability for extreme negligence that allowed the spread of the virus. Federal records show almost 62 percent of nursing homes were cited for infection prevention and control lapses in 2019.

The daughter of one nursing home resident in New Jersey was not informed about her mother’s COVID-19 diagnosis. The daughter had to demand her mother be transferred to a hospital, where she was placed in intensive care. The nursing home in question is now under investigation by the New Jersey attorney general.

Most nursing homes are closed to the public and have strict limitations on visitors during this pandemic. The lack of ombudsmen, surveyors and enforcement of rules, along with immunity could be a very dangerous combination, according to the Center for Medicare Advocacy.

Nearly 70 percent of the more than 15,000 nursing homes in the U.S. are run by for-profit companies, and more than half are run by chains.

Has Your Loved One Been a Victim of Nursing Home Negligence?

Our Bloomington nursing home abuse lawyers offer a free legal consultation to discuss the situation. There is no obligation on you to take legal action. Our attorneys are not paid unless you receive compensation at the end of the legal process.

We are also able to handle your case in the way that is most convenient for you, which means there is no need for a face-to-face meeting. We are committed to protecting our community and sticking to social distancing guidelines to prevent the spread of the virus.

Call us anytime to schedule your free legal consultation. Phone: (612) TSR-TIME.