Legal and Ethical Obligations Your Injury Lawyer Has to Your Case

Posted on behalf of Steve Terry
on March 31, 2022 in Personal Injury
Updated on April 8, 2022

There are many reasons injury victims may benefit from hiring an attorney to help them seek compensation for their damages. For example, attorneys have legal and ethical obligations that are meant to protect injury victims and help ensure your case is handled in a competent manner.

Below, our experienced attorneys discuss some of these obligations and how they benefit clients. If you were injured in an accident and are considering seeking legal representation, you should review these obligations.

At TSR Injury Law, we are deeply committed to pursuing the justice and compensation injury victims need and managing cases with the utmost professionalism. If you have legal questions or concerns after suffering an injury, our Bloomington personal injury attorneys are ready to help.

Give us a call today to learn more: (612) TSR-TIME.

Providing Competent Representation

Your choice of an attorney is one of the most important decisions to make following an injury caused by another’s negligence. You need an attorney who is capable and can manage your case and defend your best interests.

However, the attorney needs to consider if he or she is capable of competently managing your case. That means the lawyer needs foundational knowledge of how to establish liability and build a strong case. Lawyers can still consult with others at their firm on a case, but they should still be able to manage the case.

Competence is not only about legal knowledge but also resources. Your attorney should have the resources to investigate the accident and gather evidence.

If a lawyer does not have the competence for the case, he or she may have an obligation to seek help from another attorney who is more qualified. If you meet with an attorney who has not managed a case like yours before or mainly works on cases in a different practice area, he or she may be obligated to inform you of that, so you may choose to work with another attorney.

At TSR Injury Law, we take on personal injury cases and have done so for more than 20 years. We have secured well over $1 billion on behalf of our clients.

Acting Ethically

Your lawyer needs to manage your case in an ethical manner. For example, conflicts of interest should be disclosed, and lawyers should not take cases where these conflicts exist. Acting ethically also means being honest and forthcoming with clients about their cases, as well as following the laws pertaining to personal injury cases. You should be told both good and bad news by your attorney.

Acting in the Best Interests of the Client

Lawyers have an obligation to act in your best interest. For example, if a lawyer thinks you should accept a settlement offer because it provides the compensation you need, the lawyer should tell you that. On the other hand, if a settlement offer is too low, your lawyer should tell you that also. You do not want a lawyer giving settlement advice because they need to pay rent.

If the insurance company does not offer a fair settlement after negotiations, your lawyer may discuss taking the case to court. However, your lawyer must explain if he or she thinks going to court would be a good or bad idea. Your lawyer needs to explain what the result of going to court may be or what it is likely to be.

Your lawyer should not urge you to go to court or accept a settlement offer if he or she thinks it is a bad idea. Your lawyer should also not file a lawsuit unless you have agreed to do so, and you agree with your lawyer’s assessment of the case.

Your lawyer’s advice to you should be based on your needs and not the needs of his or her firm.

TSR, like most personal injury law firms, takes cases on contingency. That means we do not charge upfront fees. We are not paid unless our clients get paid. Our interests are aligned with your interests and there is no financial risk in hiring us to represent you.

Honest and Consistent Communication About the Case

Your attorney has an obligation to keep you informed about your case. He or she needs to provide accurate and honest communication about what is happening with your case and answer your questions in a reasonable amount of time. Your lawyer is legally obligated to inform you about settlement offers the insurance company makes.

Honest, consistent communication helps to build trust between the attorney and the client. The client is likely to feel more comfortable reaching out to his or her attorney if the attorney responds quickly. The client will likely have a more positive view of his or her experience if there was good communication in addition to a favorable result in the case.

If there are things you can do to help your lawyer, your lawyer should inform you. There are various questions your lawyer may have about your case and if the answers to those questions would help your lawyer do a better job managing your case, your lawyer should ask you those questions.

Protecting Attorney-Client Privilege

Attorneys are legally required to keep conversations about your case confidential. This is part of attorney-client privilege. This applies to conversations and communications about the case that fit certain criteria.

Attorney-client privilege helps to encourage open and honest communication between attorneys and clients. This can benefit your case because your attorney will be well-informed about your situation, and this helps when preparing a strategy.

TSR Injury Law is Ready to Help. Call Today

For decades, our firm has been helping injury victims obtain compensation for damages. We have obtained millions on behalf of our clients in various cases.

We work on contingency, which means there are no upfront fees for our services and the initial consultation is free. We do not get paid unless you get paid.

TSR is here to help injured victims. Contact us: (612) TSR-TIME.

What if Your Car Crash Claim Exceeds the Value of Your Car Insurance Policy?

Posted on behalf of Steve Terry
on March 28, 2022 in Auto Accidents
Updated on February 10, 2023

While some car crash injuries may heal in a few weeks or months and leave victims with no long-term damage, others can affect victims for years or the rest of their lives. Unfortunately, the financial value of damages from these injuries could far exceed the value of the victim’s auto insurance policy.

If this happens to you, are you stuck paying these additional costs out of your own pocket? Are there other options for recovering additional compensation?

Our experienced Bloomington-based vehicle crash lawyers discuss this issue in detail below. There may be a variety of options for securing compensation above policy limits.

At TSR Injury Law, we have helped many car crash victims secure compensation to cover the full cost of their damages. We offer victims a free initial consultation and if you decide to hire our firm, there are no upfront fees. Our attorneys are not paid for providing legal services unless our clients receive compensation.

Securing Compensation After a Minnesota Car Crash

Minnesota requires all drivers to purchase personal injury protection (PIP) coverage. This is no-fault coverage, which means drivers can use it even if they are at fault for the crash. Typically, crash victims file a claim for PIP benefits before other types of claims.

PIP provides compensation for medical care you need following the crash. This may include the cost of:

Surgeries
Medications
Rehabilitation
Stays in the hospital
Transportation in an ambulance

Medical equipment
Medical tests
Appointments with doctors
Mileage to and from treatments
Chiropractic appointments

Basic mandatory PIP medical coverage is $20,000.00. You can buy more or “stack” benefits if you own multiple cars. PIP also provides compensation for lost wages and the cost of hiring someone to perform household services, like housekeeping. Wage and replacement service coverage is in addition to medical coverage. Basic PIP also provides $20,000.00 for these services.

Options if Your Damages Exceed PIP Insurance Limits

Minnesota requires drivers to buy a minimum amount of liability insurance in case they cause a crash that results in damages. The minimum required coverage is:

$30,000 per person for bodily injuries
$60,000 per crash if two or more people get injured
$10,000 for property damage

However, it is important to remember a liability insurance claim is not a no-fault claim. Therefore, your lawyer must prove the other driver is liable for your damages and certain thresholds must be met before a person can receive compensation for pain and suffering from the at-fault driver’s insurance (above and beyond the no-fault PIP coverages).

Under certain circumstances, you may be able to step outside of the no-fault system and make a pain and suffering claim against the at-fault driver. For example, if you have more than $4,000 in medical bills or suffered one of the following types of injuries:

Permanent injury
Scarring
Disfigurement

Injury that causes you to miss 60 days of work
Fatal injury

What if the Other Driver is Uninsured or Underinsured?

In this situation, you may file a claim against your own policy for underinsured or uninsured coverages. These are mandatory coverages for at least $25,000 per person $50,000.00 per crash.

An underinsured motorist coverage claim is meant to pay for damages that exceed the value of the at-fault driver’s liability coverage.

More Options if Your Damages Exceed Policy Limits

Another option is the at-fault driver’s umbrella insurance. Some policies provide umbrella insurance in case their insured causes a serious crash, as their car insurance coverage may run out before it covers the victim’s damages.

Drivers buy umbrella insurance to protect their assets, because when their auto insurance coverage runs out, victims and their attorneys may come after the at-fault driver’s assets.

Sometimes car crashes involve more than two vehicles. In these situations, you may have a claim against both driver’s liability insurance, with each paying for their percentage of fault.

There may also be a third party besides another driver that bears some responsibility for your damages, such as a government entity responsible for maintaining a roadway. However, you would need to establish that entity’s fault for the crash and your damages, which may be a challenge. That is why it is vital to hire an experienced attorney with extensive knowledge of the law.

Need Legal Assistance Following a Crash? Call TSR Today

For decades, our licensed attorneys have been assisting those injured in accidents, including motor vehicle crashes. We know how difficult the aftermath of these situations can be and how important it is for victims to secure compensation for things like medical treatment and lost wages.

If you or a loved one were injured by another’s negligence, our attorneys may be able to assist you. We are ready to discuss what happened in a free consultation to explain how we may be able to help during this difficult time.

TSR Injury Law. No Upfront Fees. No Financial Risks. (612) TSR-TIME

What Happens if an Injury Victim Passes Away During an Active Lawsuit?

Posted on behalf of Steve Terry
on March 18, 2022 in Personal Injury
Updated on April 1, 2022

Some injury victims pass away before their personal injury lawsuit is resolved. For example, a nursing home abuse victim may pass away before a lawsuit concludes. Their cause of death may be related to the injury that is the subject of the lawsuit or an unrelated reason.

Even though the plaintiff in the lawsuit passed away, the lawsuit will continue until there is a resolution, right?

This is an important question, and it emphasizes the need for having a knowledgeable attorney handling your case. An experienced lawyer understands what may be possible in this type of scenario.

At TSR Injury Law, our Bloomington-based personal injury lawyers have been helping injury victims seek compensation for more than two decades. We are always prepared for a trial and have helped many injury victims secure compensation in court.

An initial consultation is free and there is no obligation to hire our firm.

What Does Minnesota Law Say?

In Minnesota, if the victim dies from injuries caused by the negligent act, the victim’s case becomes a wrongful death lawsuit. Minnesota Statute 573.02 says that a lawsuit may be pursued by the Trustee of the decedent if it was not finally determined while the decedent was alive. However, the lawsuit will be for the exclusive benefit of the surviving spouse, parents and children of the deceased. Minnesota statutes make it clear there is a claim for economic loss and loss of aid society and companionship the heirs lost from the death of their relative.

Anyone can be chosen as a Wrongful Death Trustee, but a Judge must accept the Petition and all heirs to the deceased must be given notice and have the opportunity to be heard. Usually, a parent or spouse of the deceased is chosen by the family to represent them, but the Trustee can be anyone the family trusts to proceed with the legal case.

What if the Death was Caused by Something Unrelated to the Injury?

Minnesota Statute 573.02 Subd. 2. Injury action says the trustee appointed for the deceased can maintain legal action for special damages (economic damages) that arise out of the injury if the decedent would have had grounds for a lawsuit if he or she had survived. The surviving spouse or one of the children can petition the court to appoint someone as trustee to file a lawsuit.

However, it is important to note the claim cannot include non-economic damages, like pain and suffering for the deceased or loss of aid society and companionship for the heirs. That means victims cannot pursue full compensation for all the damages they suffered.

As this is a complex situation, it should be discussed with an experienced attorney.

Wrongful Death Lawsuits

The purpose of this type of lawsuit is to recover compensation for the economic and non-economic damages caused by the victim’s passing. This may include:

Medical expenses incurred by the deceased before his or her death
Lost wages
Lost benefits
Loss guidance

Pain and suffering endured by the victim before death
Funeral expenses
Burial expenses
And more

There is a short deadline for a wrongful death lawsuit to be filed and only certain people have the right to pursue such a case. If your loved one died due to another’s negligence, we may be able to help you seek compensation.

Contact Us Today to Discuss Potential Legal Options

If you or a loved one were injured by another’s negligence, we are prepared to help. Give us a call to discuss what happened and learn how we may be able to assist you.

Our firm has secured $350 million in compensation on behalf of Minnesota injury victims in a variety of cases. We charge no upfront fees, and we do not get paid unless you get paid at the end of the legal process.

Millions Recovered. No Upfront Fees. Call (612) TSR-TIME.

What are the Benefits of Settling a Claim as Opposed to Going to Court?

Posted on behalf of Steve Terry
on March 4, 2022 in Personal Injury
Updated on April 6, 2022

Many personal injury victims fear calling a lawyer because they think they will have to go to court to recover compensation for their damages. While there are cases that make it to court, most are resolved through a settlement and a trial is not necessary.

There are many advantages to settling a case as opposed to going to court. The experienced attorneys from TSR Injury Law discuss those advantages below.

If you have questions about what to do after suffering a personal injury caused by another’s negligence, we are here to help. We have negotiated countless settlements on behalf of our clients.

We understand injury victims are often uncertain about calling a lawyer, but you can speak with one of our licensed attorneys for free and with no obligation to hire our firm. If we validate your claim and you decide to work with us, there are no upfront fees and no costs while we work to help you resolve your claim.

TSR Injury Law. No Upfront Fees. Proven Results. Call (612) TSR-TIME.

What is a Personal Injury Settlement?

A settlement is essentially a legally binding contract between the two parties involved in an injury claim. The liable party agrees to provide compensation to the injury victim in exchange for the injury victim agreeing to not bring future claims over the same injury.

Settlements are usually reached after negotiation between the two parties, often the attorney for the victim and the liable insurance company. The negotiation process starts with the victim’s attorney sending a demand letter to the insurance company. In response, the insurance company can make a counteroffer and there may be multiple counteroffers between both parties before an agreement is reached.

While most settlement agreements are reached before a lawsuit is filed, there are times when the insurance company does not make reasonable efforts to settle the dispute. When this happens, you need an attorney on your side who is willing to file a lawsuit to pursue the compensation you need. That is why it is important to find a Bloomington personal injury attorney with courtroom experience who is prepared to take the case to court.

It is important to note that you may still be able to reach a settlement agreement with the insurance company, even if you have filed a lawsuit.

Advantages of Agreeing to a Settlement

These are some of the benefits of settling an injury claim as opposed to taking it to court:

Control of the Process

One of the biggest advantages of settling an injury claim is you and your attorney are in control of negotiations. If you do not like an offer from the insurance company, you can reject it and make a counteroffer. You can go back and forth with the insurance company until you reach an agreement.

Trials can be unpredictable. What if the judge excludes evidence? What if a witness’s testimony sounds unreliable?

Settling is Faster

Another advantage to settling is it takes less time to reach a settlement than to finish a trial.

A trial adds six months to a year or more to reach a conclusion. Even if you get a favorable result, the insurance company might appeal. That can drag the process out even longer.

When you settle, there is no possibility of an appeal. Signing a settlement offer resolves the situation and a check is received within weeks.

Lower Costs

Settling a case also costs less than a trial. When you go to court, there are various court costs and expenses that add thousands of dollars to the case. The goal is to get more compensation, so the added costs are a reward risk situation. No one wants to spend $10,000.00 more in costs to “win” another $10,000.00.

Going to court is costly for the insurance company as well, which is why it is often in the best interest of the insurance company to agree to a settlement. However, insurance companies may stick to a lowball offer if the victim’s attorney rarely or never takes cases to court. The insurance company knows there is little to no risk of the outcome of the case being put in the hands of a jury if the victim’s attorney never goes to trial. The greatest threat is eliminated, and the insurance company acts accordingly.

That is why it is important to have an attorney with trial experience on your side. Our attorneys have decades of experience negotiating settlement claims as well as building strong cases to present in court.

Less Stress for Victims

Trials are much more stressful for injury victims than the settlement process. During the settlement process, victims are mostly free to focus on their medical treatment. Their attorney can keep them informed throughout the process and deal with all the things involved in negotiating and trying to reach a settlement. Trials require giving testimony in front of a jury, insurance lawyers cross examinations, adverse doctor exams and the unknown of what 12 jurors will think about the case.

Ensuring You Recover Compensation

While it may be possible to recover more compensation from a trial compared to a settlement, settling ensures you receive compensation. When you go to trial, you are leaving the case in the hands of a jury. They may award you more than you would have recovered in a settlement, but there is a chance you may not recover anything.

Privacy

Settlements are also private. Both parties can decide what should remain public and private, such as the terms of the settlement. Trials become part of public record. In other words, everything the two sides said to make the other look bad will be available for anyone to look up.

Contact TSR Injury Law for Legal Assistance

For more than two decades, our licensed attorneys have been helping injury victims recover the compensation they need. While many cases settle, we are always prepared to go to court, as our goal is recovering full compensation to help you move forward.

There are no upfront fees for our services, and an initial consultation does not obligate you to hire our firm. This meeting is a chance for us to lay out your potential legal options to help you decide what to do next.

Licensed attorneys. No upfront fees. Call TSR at (612) TSR-TIME.

Month: March 2022