When Will I Get the Settlement Check For My Minnesota Car Crash Claim?

Posted on behalf of Steve Terry
on July 26, 2023 in Auto Accidents
Updated on August 13, 2023

You might think you will get a settlement check soon after your lawyer reaches an agreement with the at-fault insurance company. However, there are still many steps that occur after you reach a settlement agreement and before you receive a settlement check for your damages.

TSR Injury Law’s experienced Minneapolis-based car accident attorneys explain how long it takes to get a settlement check for a Minnesota vehicle crash claim. You can learn more about this process when you contact our firm. The bottom line is, we are committed to getting full compensation for your damages as fast as possible.

We have been assisting crash victims and other personal injury victims for decades, and we have recovered more than $1 billion on their behalf.

No upfront fees to discuss your claim. Call to learn more: (612) TSR-TIME.

What is a Settlement?

You can think of a settlement as a contract between an injured party and the insurance company of the at-fault party. The insurance company agrees to pay a certain amount to cover your damages (medical bills, lost wages and more). In turn, you give up the right to file any more claims against the insurance company for the same incident.

A settlement ends a dispute between two parties. In a car crash case, the dispute is often about the value of the crash victim’s damages. The insurance company may also dispute the connection between the crash and the cause of your injury in order to avoid as much responsibility and payout as possible.

Most cases settle because insurance companies want to limit risk and clients want to wrap up the case for an acceptable amount and not wait for a trail result that could be years away. Injured victims should still hire an attorney who has courtroom experience because going to court is sometimes the only way to obtain the compensation you deserve. Settlements are also higher when the insurance company knows the attorney has gone and will go to court. The fear of a potential jury trial makes insurance companies more likely to settle, especially when facing expert trial lawyers like those at TSR.

What Are the Steps to Receiving a Settlement Check in Minnesota?

It is true that every Minnesota car crash case is different. That said, the steps in the legal process are usually the same, including the process for receiving your settlement check.

Signing the Settlement Agreement

A settlement agreement cannot be finalized until both parties involved have signed it. From the insurance company’s perspective, one of the most important parts of the settlement agreement is the release from liability.

This section says that once you have given your signature, you agree to give up the right to take further legal action against the insurance company. This step protects the insurance company and gives them certainty of future financial exposure as there would be no reason for the insurance company to settle without obtaining protection from further legal action.

Your attorney will review the settlement agreement before giving it to you to sign. This review ensures the release accurately reflects the settlement. Nothing more and nothing less. There are many types of releases and legal jeopardies that must be reviewed.

Processing the Settlement and Issuing a Check

Sometimes an insurance company will send the check and release at the same time. If instead, a signed release is precedent before sending a check, the release is sent back to the insurance representative and the settlement check is mailed. The check is usually made out to the client and law firm.

Clearing the Check and Paying Liens and Legal Fees

After receiving the check from the insurance company, your lawyer will deposit the check into the firm’s IOLTA account. This stands for Interest on Lawyer’s Trust Account. All settlement checks go into and through the IOLTA account. There is a five-day waiting period for the check to clear. After five days, the attorney will distribute the funds to the client and any other entities that are agreed upon to be paid. This includes medical providers, subrogation liens, attorney fees and file costs. Legal costs are above the legal fee. Fees are how the lawyer earns a living and the costs are reimbursements for expenses already spent on a file. They could include costs for:

Hiring an expert witness
Court reporting fees
Obtaining medical records

Obtaining medical bills
Filing court documents
And more

A portion of the settlement may repay health insurance subrogation liens. This is something victims incur when they have bills paid by their health carrier above and beyond the auto insurance coverage.

There may also be liens on the case that have to be paid from a settlement. An example of a lien would be for child support. If the victim owes child support, some of the settlement would go to the child support organization to pay off the lien.

Sending You a Check

Once all the fees, costs and liens have been paid, your attorney’s law firm will send you a check with the rest of your settlement. This amount will be known before the settlement is finalized so the client can agree to it before processing.

How Long Will It Take to Get a Settlement Check in Minnesota?

It usually takes several weeks to receive a settlement check. However, it could happen sooner. If you have concerns or questions about how quickly this happens, you can discuss it further with your lawyer.

Potential Delays in the Settlement Check Process

These are some of the common reasons why there may be delays in receiving your car crash settlement check:

Clerical errors made by the insurance company
Missed signatures
Bank delays, which could happen for many reasons, such as if the check was received on a Friday or the day before a holiday
The claim involves a minor or an estate

There are disputes about the release from liability
The insurance adjuster got sick or went on vacation
Your lawyer needs more time to negotiate liens, which may help you to keep more of your settlement
Insurance company stalling

Contact TSR Injury Law to Discuss Your Car Crash Claim

Our firm has helped many car crash victims in Minneapolis recover compensation for medical costs and other damages. We have taken on many insurance companies and have extensive knowledge of the legal process.

At TSR Injury Law, we work hard to secure favorable results for our clients.

There are no upfront fees for our services, and we do not get paid unless we obtain compensation for you.

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

Is It Normal to Be Tired After a Minneapolis Car Crash?

Posted on behalf of Steve Terry
on July 17, 2023 in Auto Accidents

Many car crash victims initially feel soreness and fatigue. While soreness may take weeks or months to dissipate, fatigue usually resolves itself within a couple of days.

However, there are exceptions when crash victims may continue to feel fatigued for several days or more. They may be sleeping a lot more than normal, but the extra rest does not bring back the energy they had before their car crash. In these situations, fatigue might be a sign of something more serious, like a traumatic brain injury.

If you are experiencing fatigue after a car crash in Minnesota, our car crash lawyers in Minneapolis may be able to help you take legal action to recover compensation for your damages. Our services come at no upfront cost, and we have obtained more than $1 billion for our clients.

We are ready to take your call. Phone: (612) TSR-TIME.

Why Am I So Tired After a Car Crash?

Car crashes are incredibly stressful, which commonly triggers the body into releasing adrenaline. Adrenaline helps to provide the energy your body needs to get through physically traumatic events.

Once the adrenaline wears off, however, crash victims often feel completely exhausted. They may also feel sore from the injuries they sustained in the collision. Your body is simply responding to what happened, and it needs sleep to start the healing process. This is a typical reason that victims may feel much more tired than normal during the days following a crash.

That said, sometimes feeling excessively tired is not just a normal response to a stressful experience. Sometimes fatigue after a crash may indicate a severe injury.

Do I Have a Traumatic Brain Injury?

You may be feeling excessive fatigue because you suffered a traumatic brain injury in the crash. Feeling drowsy or fatigued are two common symptoms of a traumatic brain injury, such as a concussion. This is particularly true if your excessive fatigue and excessive sleeping lasts for more than a few days.

You might doubt you suffered a head or brain injury because you didn’t hit your head during the collision. What you may not realize is you can suffer a concussion without hitting your head. Your head getting jerked forward and backward could be enough to cause a brain injury.

Sometimes crash victims hit their head, but they do not remember it happening. That is why you should never dismiss symptoms of a possible brain injury.

Could You Be Feeling Tired Because You Are Depressed?

While much attention is paid to the physical consequences of car crashes, these situations can also exact a heavy emotional toll. Victims may feel anxious or overwhelmed because of everything they need to deal with in the aftermath of a collision. They may feel anxious about their recovery and depressed because of the pain and discomfort they feel.

Emotional suffering may sometimes make it harder to sleep, but may also cause people to sleep much more than they did before the crash.

Trauma-Induced Migraine Headaches

Intense trauma, such as from a car crash, could cause people to experience migraine headaches. Some people who experience migraines feel intense sensitivity to light and noise. This often causes them to spend a lot of time in a dark and quiet bedroom, which can result in excessive sleeping.

Migraines can also be a symptom of a traumatic brain injury, similar to a concussion.

How Long to Wait to Sleep After a Car Crash

For the most part, it is perfectly safe to go to sleep after a car crash. In fact, sleep is an essential aspect of your recovery. Your body and your brain both need sleep to help recover from the trauma of the crash.

You may have heard stories about people going to sleep after a car crash and never waking up. They died because of a traumatic brain injury, likely due to a severe concussion or bleeding in the brain. That is why it is so important to seek immediate medical care right after a crash. With any serious injury, early diagnosis and treatment can be a critical factor in how well you recover.

You should also go back to the ER if you continue to feel fatigued, experience new symptoms or have any other reason to suspect a brain injury. In fact, even if you do not suspect a brain injury, you need to be evaluated by qualified medical professionals to determine the severity of the injuries you suffered.

How Long Could Fatigue Last After a Crash?

It is normal to feel fatigued for a couple of days after a crash. However, you should be concerned if you continue to feel exhausted for more than a few days. If you are sleeping much more than usual and you feel more tired than normal, you need to see a doctor right away.

What Should I Do if I am Experiencing Extreme Fatigue After a Car Crash?

Too often, crash victims do not err on the side of caution and wait too long to seek medical treatment. They ignore symptoms or they think these symptoms will resolve themselves over time.

However, if you are feeling excessively fatigued, you need to go to the doctor right away, so he or she can identify and diagnose your injuries. Be sure to report all the symptoms you are experiencing, including your excessive fatigue or sleeping.

If you wait to seek treatment you may be allowing a brain injury to get much worse and potentially become life-threatening. Waiting also makes it harder to connect your symptoms to the crash. If you seek treatment sooner rather than later, it helps to show that your symptoms are connected to the accident.

Make sure to follow through with your medical treatment. You may need to attend multiple follow-up appointments to monitor your condition. You may also need to get an MRI or CT scan to get a better understanding of your injuries.

Your next step is to seek help from an experienced attorney. Recovering full compensation for a serious injury is a lot more difficult without an attorney.

Victims often underestimate the cost of medical treatment for a car crash injury. If you have a brain injury, you might need treatment for a long period of time. There may be long-term or even permanent consequences that require ongoing medical interventions.

Contact TSR Injury Law For Post-Crash Legal Help

Need legal help after a car crash caused by another driver?

Many crash victims think they can handle the process on their own, but they often end up recovering much less compensation than they need. Call TSR today to learn about the benefits of hiring an attorney after a car crash. We have been representing crash victims in Minnesota for decades and have obtained millions on their behalf.

Call us today to learn more. We are here to help. Ph: (612) TSR-TIME.

Minnesota Motorcycle Laws on Helmets, Insurance, Lane Splitting and More

Posted on behalf of Steve Terry
on July 3, 2023 in Auto Accidents

Whether you are an experienced or new rider, it can be helpful to review Minnesota motorcycle laws. These regulations were designed for your safety and the safety of others on the road.

TSR Injury Law has written a comprehensive guide to motorcycle laws and regulations in our state, including laws about licensing, insurance, helmets and more.

If you were injured in a motorcycle crash and need help pursuing compensation for your damages, call us to schedule a free legal consultation. Our Minneapolis motorcycle accident lawyers take cases on contingency, which means there are no fees for taking your case and no fees while working on your case.

Call us today for legal assistance: (612) TSR-TIME.

What do Riders Need Before They Get on the Road?

There are several things all motorcyclists must have before they can ride:

Class M endorsement on their license or a motorcycle instruction permit; you must keep this with you while riding
Liability insurance
Proof of required insurance coverage

Valid license plate on a properly registered motorcycle
Eye protection (face shield, goggles or glasses, etc. – you cannot satisfy legal requirements with the windshield on your bike)

Obtaining a Class M Endorsement in Minnesota

You must have a valid Minnesota driver’s license to apply for a Class M endorsement or motorcycle instruction permit. Assuming you have a driver’s license, you can take a written knowledge test at a driver examination station.

You can only take the test once per day. If you fail the test, you will have to wait until the next day to retake it.

Riders who are under the age of 18 are required to present a certificate of completion of a motorcycle rider training course approved by the state. If you do not present this certificate, you cannot take the knowledge test.

If you pass the test, you can request an instruction permit or continue the process of obtaining a motorcycle endorsement. There is a $29 fee for the permit.

Can I Ride on the Highway With a Motorcycle Permit?

You are prohibited from riding a motorcycle on any interstate highways while you have an instruction permit. You are only allowed to ride a motorcycle on public roads with this permit until the Basic Rider Course is completed.

Instruction riders must also abide by the following restrictions:

Wear a helmet and federally approved eye protection
Do not carry any passengers
Do not ride at night, which includes a half hour before sunset and sunrise

Motorcycle Skills Test

When you are ready, you can take the skills test to obtain your motorcycle endorsement. The skills test requires riders to complete four exercises to demonstrate vehicle control and their ability to respond to hazards.

When you go to the driver examining station, you must present your current driver’s license and motorcycle instruction permit. If you are under the age of 18 you must also present a certificate of completion of a rider training course.

The motorcycle you use must have the required equipment and be properly registered and insured. You need to have proof of valid registration and insurance. Make sure you have a helmet approved by the Department of Transportation (DOT) and required eye protection.

Riders who fail the test will be assigned practice time. You must complete your assignment before you will be allowed to retake the skills test.

Riders who are at least 18 years of age and have a valid driver’s license and instruction permit do not have to take the skills test if they complete the Minnesota Motorcycle Safety Center Basic Rider Course.

Is There a Fine For Not Having a Motorcycle License in Minnesota?

If you are caught riding a motorcycle without a Class M endorsement on your license or instruction permit, you could be fined $1,000 and potentially spend 90 days in jail. Your motorcycle will also be impounded.

Motorcycle Registration

You cannot ride a motorcycle in Minnesota unless it has been registered with the state and the license plate bears the sticker showing the bike has been registered. Bikes must be registered every year between March 1 and the end of February.

If you are a new resident, you have 60 days from the date you became a new resident to register your bike.

Required Motorcycle Insurance

You are not allowed to ride a motorcycle in Minnesota unless you have the minimum required insurance.

Unlike drivers, motorcyclists are not required to purchase personal injury protection insurance. Riders are required to have liability insurance that covers:

$30,000 per person for bodily injury
$60,000 per crash for bodily injury
$10,000 for damage to property

There are additional coverages riders can purchase to provide extra protection in case of a crash. For example, you can purchase collision or comprehensive coverage. Collision coverage pays for damage to your motorcycle from a crash, while comprehensive coverage pays for damage from a no-contact crash.

Is it Legal to Ride a Motorcycle in Minnesota Without a Helmet?

Minnesota’s motorcycle helmet law requires riders and passengers who are under the age of 18, and those who only have a permit and not a motorcycle endorsement, to wear a DOT-approved helmet.

Although helmets are not required for every rider, the Minnesota Department of Public Safety strongly recommends that all motorcyclists and passengers wear them.

What are the Motorcycle Equipment Requirements in Minnesota?

Minnesota motorcycle laws also address the equipment your bike must have to be street legal. This includes:

One or two headlights that have high-beam and low-beam settings; bikes can have no more than four headlights with these settings
One red taillight, with an accompanying stop lamp or brake light
Floorboards or footrests for passengers if the bike has a passenger seat
One front or rear brake that can be operated by your foot or your hand
Rearview mirror that reflects the road for at least 200 feet to the rear of the rider
Horn that makes a sound that can be heard from at least 200 feet away
License plate that is securely fastened so it does not swing
Turn signals that can be seen from 100 feet in front and 100 feet to the rear of the bike
Muffler that blends the exhaust noise into the overall noise of the vehicle; the exhaust system cannot create a sharp popping or crackling noise

Minnesota state law says motorcycle headlights must always be turned on when you are riding.

Rules of the Road for Motorcyclists in Minnesota

You must follow many of the same laws that drivers must follow. For example, all state laws about driving under the influence of alcohol or drugs apply to drivers and riders. You cannot operate your bike carelessly or recklessly, which includes doing wheelies, stoppies (riding on the front wheel) or standing on the seat.

Here are some of the other laws you must follow when you are riding your motorcycle:

You must be sitting on a permanent seat, facing forward with one leg on each side of the bike
Passengers must be able to reach both footrests while seated on the bike
You cannot carry anything (animals, packages, bundles or other cargo) that impairs your ability to hold the handlebars
You may make full use of a lane of traffic; no other motor vehicle can be operated in such a way that a motorcycle rider is deprived of the full use of a lane of traffic
You are permitted to use high-occupancy vehicle/carpool lanes
You can wear headphones while riding, but only in one ear
You are permitted to use hand signals to indicate that you are turning
Two motorcycles can ride side by side in one lane if both riders agree to do so
Park completely within a marked space
If you are parking next to passing traffic, angle your bike so it points at the nearest lane of traffic, as this allows you to see traffic in both directions

Is Lane Splitting Illegal in Minnesota?

In Minnesota, it is illegal to ride a motorcycle between lanes of traffic that are stopped or moving slowly. Police officers are the only ones permitted to lane split.

What if the Traffic Signal Does Not Detect Your Motorcycle?

If you reach an intersection with a broken traffic signal, or one that stays red for an unreasonably long time, you are permitted to cross the intersection on your motorcycle. If you are cited for illegally crossing the intersection, you may be able to avoid penalties if you can prove all the following:

You came to a complete stop at the intersection
The signal is broken or it was programmed to change to green after detecting a motor vehicle, but it fails to detect motorcycles

The traffic light stays red for an unreasonably long time
No other motor vehicle or person is approaching, or they are so far away they are not an immediate threat to your safety

Contact an Experienced Attorney Today

Motorcycle crashes can and often do cause catastrophic injuries to riders. One of the most important things you can do after suffering a severe injury in a motorcycle crash is talk to an experienced lawyer about pursuing compensation.

We know recovering compensation cannot change what has happened, but it is a vital part of the recovery process. You cannot rely on the insurance company to take care of you. Research has shown the odds of recovering full compensation increase when victims hire experienced attorneys.

TSR has secured more than $1 billion on behalf of our clients and we are ready to assist you.

No upfront fees or legal obligations. Call TSR today: (612) TSR-TIME.

Month: July 2023