How Pain & Suffering Damages Are Calculated: Understanding Your Rights After an Injury

If you’ve been injured, you may have heard of ‘pain and suffering’ damages. Unfortunately, too many people hear that term and only think of physical pain. I have clients tell me all the time, ‘I can handle the pain; what I can’t handle, and what’s really hard for me, is knowing that I’m not the person I used to be.

When we’re representing people, we’re proving their losses, and a big component of that loss—or that pain and suffering—is the loss of time. Time with family, friends, whatever it is. What changes people for the rest of their lives is when their child says, ‘Can you pick me up?’ and they have to say ‘no’ because of pain. When their family had a vacation planned for five years, and they can’t go because they’re hurt.
When we talk to our clients, the things that they are most upset about, the things that impact them the most, are their ability to live a pain-free life, to do activities with friends and family, to do their job. Those things—insurance companies don’t really care about unless you make them care.

So, a lot of times, it’s not just about talking about the case. I’ll learn a lot about their families, their children, what they like to do, and how their injury has affected their hobbies or enjoyment of life. In order to effectively represent them, you have to know someone on a human level so you can get them the best settlement.

All too often, insurance companies ignore these damages and losses and try not to pay people for them. But I’ll make sure they can’t ignore it.

How Long Do Personal Injury Lawsuits Last?

The amount of time a case takes to get resolved is different for every single person. When you’re bringing a claim against someone who hurt you and their insurance company, you only get one shot.

That’s why it’s important to hire an attorney at TSR Injury Law, because we will take the time to figure out what the full extent of your damages are, the full extent of your injuries, and what it’s going to mean for you and your future before we even consider reaching out to discuss settlement with the insurance company.

We have to make sure that you get compensated for everything you’ve gone through in the past, everything you’re going through now, and everything you’re going to need in the future. And I think, at TSR Injury Law, we do that very well.

If you’ve been injured, call 612-TSR-TIME. I’d be honored to help you.

Compensation for Facial Injuries From a Minnesota Crash

Individuals who sustain facial injuries in a car crash may end up with permanent scarring and disfigurement. Even if the injury fully heals, these victims may often experience a lengthy recovery, significant pain and suffering, and a hefty financial burden they were not expecting.

This article discusses the facial injuries most common in motor vehicle crashes and when victims may be eligible to recover compensation for medical costs, including plastic surgery, lost wages and other damages.

Do you have facial fractures or other serious injuries from a car crash? If so, our experienced car crash attorneys in Minneapolis are prepared to help. Do not hesitate to contact us at TSR Injury Law to discuss your situation and learn about your legal options.

Your initial consultation is FREE. Call: (612) TSR-TIME today.

How Common Are Facial Injuries From a Car Crash?

Patient with broken nose.

Facial injuries from crashes are fairly common. In fact, various studies done over the last decade show as much as 50 percent or more people involved in a crash sustain some type of facial injury. It is fair to say these numbers have improved more recently due to improved vehicle safety. When crash victims suffer facial injuries, however, they are often quite severe.

What Are Some Common Facial Injuries in Vehicle Crashes?

Motor vehicle collisions may cause facial trauma due to victims striking the steering wheel, dashboard, windshield or deployed airbag. Some of the most common facial injuries include:

  • Lacerations and abrasions: Deep cuts to the face can cause significant bleeding and scarring.
  • Fractures: Broken facial bones may involve the jaw, cheekbones, nose or eye sockets.
  • Dental injuries: Crashes can cause chipped, broken or knocked-out teeth.
  • Eye injuries: Trauma to the eyes, including retinal tears or detachment, can lead to vision problems or permanent blindness without immediate surgical repair.
  • Soft tissue injuries: Damage to muscles, ligaments and nerves in the face can impair movement and sensation.
  • Burns: Airbag deployment or vehicle fires may cause facial burns.

Can I Include Damages Related to My Facial Injury in a Car Crash Claim?

As long as you or your attorney can prove the other party’s negligence led to the crash and your injuries, then yes, you can include facial injury damages as part of your overall car crash claim. Minnesota law allows victims to seek compensation for all injuries directly caused by a car crash.

Facial injuries often fall under “bodily injury” in insurance claims. This means they are typically covered by the at-fault driver’s liability insurance.

Where you may run into trouble is in dealing with insurance companies, as they may try to downplay injuries to your face. They might try to argue these injuries are less severe than other types of trauma.

Why Might Insurance Companies Try to Avoid Paying for Facial Injuries?

Insurance companies often try to avoid paying for facial injuries to protect their bottom line. They know these injuries can be costly and complex, potentially leading to higher payouts.

Here are some other reasons insurers might resist compensating facial injury claims:

  • High medical costs: Facial injuries often require expensive treatments, like plastic surgery or dental work.
  • Long-term impacts: Injuries to the face can have lasting effects, requiring ongoing medical care.
  • Pain and suffering: Facial injuries can cause significant emotional distress, which can increase claim values.
  • Difficulty in assessment: The full extent of facial injuries may not be immediately apparent, making them harder to evaluate.
  • Subjective nature: The impact on a victim’s appearance and self-esteem can be hard to quantify, and insurers are more likely to undervalue a claim.

These injuries often require extensive medical treatment, including emergency care, surgery and ongoing rehabilitation. Many victims may need follow-up procedures like scar revision or dental work to address both functional and cosmetic concerns.

How Much Is My Facial Injury Case Worth?

There is no set value for facial injury cases, as the value depends on many contributing factors. The estimate for those damages is included as part of your total car crash claim. This manes any damages you sustained in the crash will be included in the total estimated value of your claim.

The factors that impact the value of your case includes the severity of your injuries, the long-term impacts, ongoing treatments needed and available insurance coverage.

An experienced attorney can provide a realistic and accurate estimate after thoroughly reviewing the unique details of your case and available insurance coverage.

What Type of Compensation Can I Receive for My Facial Injury?

The compensation you may be eligible to recover may include both economic and non-economic damages. While the specific amounts will vary in each case, common types of compensation include:

  • Medical costs related to damages directly caused by the crash
  • Loss of income, including wages lost if you were unable to work while recovering
  • Pain and Suffering damages, such as PTSD, depression, emotional distress, loss of enjoyment, disfigurement and scarring, and more.
  • And more

Minnesota Laws Impacting Facial Injury Claims

Several Minnesota laws may affect your ability to seek compensation after a crash:

No-Fault Insurance

Minnesota is a no-fault insurance state. This means the personal injury protection (PIP) coverage of your auto insurance policy pays for your initial medical expenses and lost wages. This coverage applies no matter who caused the crash. However, PIP coverage is often insufficient for facial trauma and other severe crash injuries.

Tort Threshold

To be eligible to file a liability claim against the at-fault driver for additional compensation, your case must meet certain thresholds:

  • Medical expenses exceeding $4,000
  • Permanent injury or disfigurement
  • Disability lasting 60 days or more
  • Death

Significant facial injury cases will likely meet these criteria, allowing victims to pursue claims beyond their PIP coverage.

What If I Am Partially to Blame for the Crash That Caused My Facial Injury?

Minnesota follows a modified comparative fault rule. You can recover damages as long as you are not more than 50 percent responsible for the crash. However, any compensation awarded will be reduced by your percentage of fault.

How Long Do I Have to File a Facial Injury Car Crash Claim in Minnesota?

In Minnesota, crash victims generally have six years from the date of the crash to file a personal injury lawsuit in Minnesota. However, it is best to begin the legal process as soon as possible to preserve evidence and protect your rights.

Reach Out to an Experienced Attorney Today

Dealing with any type of car crash claim alone can feel overwhelming. In Minnesota, TSR Injury Law is prepared to help you understand your rights and guide you throughout the legal process.

Our law firm has a history of proven results, and we are deeply committed to recovering the full and fair compensation you deserve.

Not sure if you have a case? We offer a free initial consultation to determine your potential legal options. If we represent you, there are no upfront costs or fees to pay, making the ability to seek legal help affordable.

TSR Injury Law fights to get you maximum results. Call (612) TSR-TIME.

Traumatic Brain Injuries After a Crash: What You Need to Know

Traumatic brain injuries (TBIs) are common after a car crash. Victims who sustain even mild TBIs may face a lengthy recovery. More severe TBIs could result in additional significant long-term or even permanent damage.

At TSR Injury Law, we have a proven history of helping individuals dealing with TBIs and other injuries caused by someone else’s negligence. This blog looks at the legal aspects of a TBI, including when victims may be able to sue for medical costs and other damages.

If you suffer a TBI in a Minnesota collision, we encourage you call our Minneapolis car crash lawyers at TSR Injury Law to learn about your potential legal options.

Request a free consultation today. (612) TSR-TIME

What Is a Traumatic Brain Injury?

A Traumatic Brain Injury (TBI) is a serious head injury resulting in short or long-term damage to the brain.

Even mild car crashes can cause a TBI. However, a collision can also result in a more severe TBI. Victims may experience long-term or permanent complications as a result. Some TBIs can be fatal, especially if victims do not get immediate treatment.

During a crash, these are some of the common ways a TBI can occur:

  • Hitting the steering wheel, dashboard, headrest, or windshield
  • Back-and-forth movements that cause the brain to bang against the skull, which could cause both a TBI and a whiplash
  • Objects striking or penetrating the skull

In car crash cases, even what seems like a minor collision could cause a TBI. This is just one reason immediate medical attention with ongoing treatment and monitoring are crucial for anyone who has experienced a head trauma.

Can I Sue for Damages If My TBI Was Caused by a Car Crash?

Maybe, but it is important to remember that Minnesota is a no-fault state. This means the first path for covering medical bills and wage loss is through your no-fault auto insurance coverage.

What Damages Does No-Fault Insurance Cover in Minnesota?

The coverage provided under your no-fault insurance depends on the amount of protection you purchased. Generally speaking, however, a basic no-fault policy will provide for:

  • Medical Costs: Up to the limits of your policy ($20,000 is the minimum medical coverage)
  • Lost Wages: Covers up to 85 percent of lost wages or $500 weekly maximum ($20,000 is the minimum wage coverage)
  • Replacement Services: Up to $200/week for household tasks, lawn care, food shopping and more
  • Funeral/Burial Costs: For fatal TBIs or other fatal injuries, Minnesota no-fault policies pay up to $2,000 in funeral expenses.

That said, no-fault insurance only covers certain types of damages. Additionally, TBI expenses often exceed the coverage provided under a no-fault claim.

What Damages in Minnesota Are Not Covered by No-Fault Insurance?

There are many costs that no-fault insurance does not cover. For instance, your no-fault policy will not cover:

  • Damage to other people’s property
  • Damage to your vehicle
  • Pain and suffering damages, such as PTSD, disfigurement, anxiety and other damages

How Can I Pay for Non-Covered Losses After a TBI?

No-fault coverage is limited and may not cover all of your losses. If your injuries require more care than what your no-fault coverage provides you also have a claim against the at fault driver’s insurance for medical expenses and wage loss over and above what your no-fault insurance pays. Additionally, you can bring claims for past and future pain and suffering, as well as past medical and wage loss above what your no-fault insurance paid and future medical costs and wage loss if the evidence supports such a claim. To have a claim for pain and suffering, you must first be able to meet the criteria set my Minnesota’s tort threshold.

What Is Minnesota’s Tort Threshold?

The tort threshold in Minnesota is a set of specific qualifications you must meet before you have a claim for pain and suffering and other damages against the at-fault driver’s insurance. Under this threshold system, you must have experienced at least one of the following after your car crash:

  • Medical costs that exceed $4,000 (not including diagnostic imaging)
  • Suffered a permanent injury or permanent disfigurement
  • Had a disability that lasts a minimum of 60 days or longer
  • Death

Even for less severe TBIs, your medical costs for treatment may exceed the tort threshold.

How Do I Know If I Have a Traumatic Brain Injury?

You may experience several symptoms indicating a TBI. The symptoms of a TBI may appear immediately or develop over time.

Seeking medical attention right after a crash can help ensure even internal injuries, like a TBI, get diagnosed promptly.

Key symptoms to watch for, even after your initial medical examination, include:

  • Headaches or migraines
  • Confusion or disorientation
  • Memory problems
  • Difficulty concentrating
  • Dizziness or balance issues
  • Nausea or vomiting
  • Blurred vision
  • Sensitivity to light or sound
  • Mood changes or irritability
  • Sleep disturbances
  • Slurred speech
  • Loss of consciousness (even briefly)

What If Symptoms of a TBI Develop Days or Weeks After a Crash?

TBI symptoms may sometimes develop or become more noticeable in the days and weeks following a crash. Often it is the people we spend time with that will notice the symptoms first.

If this happens to you, there are some steps you should take and other steps you should avoid:

Do take these steps:

  • Go back to the doctor and discuss your new symptoms.
  • Make sure you tell the doctor about the crash that happened prior to that visit.
  • Document all your symptoms as soon as you become aware of them, including how they are affecting your daily life.
  • Call an attorney right away to discuss potential legal options

Do not do the following:

It is not a good idea to agree to a quick settlement offer from the insurance company. At this stage of your claim, the total amount of your damage cannot be known. It is important to first find out:

  • The extent and severity of your TBI
  • What treatment your doctor recommends
  • Whether you can work or drive during your recovery
  • How your TBI could affect you in the long term
  • If your TBI symptoms are permanent

Contact TSR Injury Law Today

Recovering from a traumatic brain injury can be a long and challenging journey, but it is not one you need to face alone.

TSR Injury Law understands the complexities of TBIs, and we also know how to accurately calculate the full value of your claim to make sure you recover the maximum possible compensation for your damages.

Call today for your free consultation. If you have a case and we represent you, there are no upfront costs or fees to pay.

TSR Injury Law. We get you results. (612) TSR-TIME

Common Mistakes New Drivers Make on Minnesota Roads

image of an SUV driving through a white-out snow stormMinnesota roads present unique challenges for motorists, even locals with a lot of years behind the wheel. From harsh winter conditions to heavy urban traffic, teens and other newer drivers are more prone to making errors that could increase their risk of a crash.

In this article from TSR Injury Law, we discuss some of the frequent errors made by inexperienced drivers. Our knowledgeable car crash lawyers in Minneapolis give you practical tips on how to avoid these errors and reduce your risk of a crash.

Injured in a Minneapolis car crash? Call (612) TSR-TIME for legal help today.

How Do Newer Drivers Misjudge the Unpredictable and Harsh Weather in Minneapolis?

Minnesota winters are notoriously harsh. Residents living there have come to expect heavy snowfall, icy roads and frigid temperatures. Newer drivers often underestimate the impact these conditions have on the roads, which can increase their risk of a crash.

It is easy to get caught off guard by Minnesota’s rapid weather changes, from sunny skies to sudden downpours or whiteout snowstorms, especially during the transitional seasons. This unpredictability can cause poor visibility and slippery roads. Drivers need to be ready to immediately adjust their driving, such as by slowing down and allowing for longer stopping distances. Inexperienced drivers are often unprepared to handle these types of driving conditions.

Less seasoned drivers, especially teens, may also misjudge the impact of Minneapolis’s harsh winters on road conditions. They may not realize how black ice forms on bridges and overpasses. Newer locals who are not yet used to such harsh weather, along with less experienced drivers, often get surprised by how fast snow can accumulate and obscure lane markings and road edges.

New drivers may not yet be familiar or comfortable with winter driving techniques, such as:

  • Adjusting following distances on icy roads
  • The proper way to correct a skid

This lack of weather-related driving skills is a disadvantage for newer drivers, increasing their risk of a winter crash.

Practical Tips Drivers Can Follow for Safer Winter Driving

To help reduce the risk of a crash in winter, drivers should take precautions and plan for better safety.

Before Winter sets in:

  • Service and winterize your vehicle (including tires, brakes, wipers, etc.)
  • Invest in high-quality all-season or winter tires for better traction on snowy and icy roads
  • Keep your vehicle’s gas tank at least half full throughout the winter season to prevent the fuel line from freezing.
  • Prepare an emergency kit that includes blankets, flashlight, snacks, water and a first-aid kit
  • Learn how to use your vehicle’s anti-lock braking system (ABS) correctly
  • Consider taking a winter driving course to improve your skills and confidence
  • Learn how to correct a skid: steer into the skid and avoid harsh braking
  • Practice gentle acceleration and deceleration to maintain control on slippery surfaces

Before Setting Out:

  • Check weather before setting out, especially on longer commutes.
  • If weather is going to be bad, stay home and off the roads when possible
  • If you must go out, clear all snow and ice from the vehicle, including your roof, before driving
  • Plan for extra travel time to accommodate slower speeds and possible delays

While on the Road:

  • Increase your following distance to at least 8-10 seconds in snowy or icy conditions
  • Use your headlights, even during the day, in poor weather to increase visibility
  • Avoid using cruise control on wet, snowy, or icy roads
  • Apply brakes gently and early to prevent skidding
  • Remember that black ice forms first on overpasses and bridges

Why Do New Drivers Struggle with Minneapolis’s Complex Intersections and One-Ways?

New drivers in Minneapolis often find the city’s intricate network of intersections and one-way streets overwhelming. The downtown area, with its grid system and numerous one-ways, can be particularly confusing. Inexperienced drivers may miss turn restrictions or enter streets from the wrong direction, increasing accident risks.

Complex intersections like the “5-way” at Franklin, Cedar and Minnehaha can challenge even seasoned drivers. Less experienced drivers struggle to track multiple traffic flows and right-of-way rules. They may hesitate, make last-minute lane changes or misjudge turning angles. This confusion can quickly lead to rear-end collisions, sideswipes or T-bone crashes.

What New Minneapolis Drivers Can Do to Tackle These Roads With Confidence

To learn how to tackle safe navigation of these areas, new drivers should get start by getting familiar with the unique road layout. Have an experienced driver who knows the area go with you, so you can practice and gain confidence to drive more safely on these roads.

What Makes I-35W and I-94 Rush Hour So Dangerous for Inexperienced Drivers?

New drivers often make critical errors is on the I-35W and I-94 during rush hours. Inexperienced drivers may misjudge merging speeds, following distances and get caught off-guard by sudden traffic slowdowns.

Other inexperienced drivers may panic if they get boxed in by large trucks or be unsure how to manage last-minute lane changes. New drivers are also prone to distraction, frequently checking their phones or adjusting their GPS. This is especially dangerous when weather is bad, traffic is heavy or any time you are navigating unfamiliar routes. Any of these mistakes could lead to an unexpected single-vehicle crash, head-on collision or multi-vehicle pileup.

Steps You Can Take to Help Prevent a Crash While Driving on I-35W and I-94

To stay safer in these areas, new drivers should do the following:

  • Plan your route in advance: Use your traffic apps to anticipate times and specific areas of your route that might become congested.
  • Maintain a consistent speed and remember to use your turn signals well before lane changes.
  • Keep a 3-second following distance, increasing that distance as needed in bad weather.
  • Avoid the leftmost lane; this is where speeds fluctuate most.
  • Stay focused on the road, being aware of vehicles around you.
  • If you feel overwhelmed, find a safe exit or area where you can pull over away from passing traffic.

Consider practicing during off-peak hours to build confidence and your driving skills before tackling rush hour traffic.

What Other Common Mistakes Do New Drivers Universally Make?

New drivers everywhere make a lot of similar mistakes that can lead to dangerous situations on the road. These errors stem from inexperience, overconfidence, or simply not having developed good driving habits yet. Recognizing these common pitfalls is key to avoiding them and becoming a safer driver.

Here are some universal mistakes that new drivers frequently make:

  • Tailgating or following too closely
  • Distracted driving (texting, eating, adjusting music)
  • Speeding, especially in adverse conditions
  • Failing to check blind spots when changing lanes
  • Neglecting to use turn signals
  • Overestimating their driving abilities
  • Not adjusting mirrors properly
  • Panicking in unexpected situations
  • Forgetting to turn on headlights in low visibility
  • Ignoring vehicle maintenance issues
  • Driving while fatigued
  • Not wearing a seatbelt consistently

Involved in a Car Accident? Call TSR Injury Law

Driving is a skill that requires focused attention and a lot of practice. This is especially for new drivers who are still learning the challenges of Minnesota roads.

Sometimes, despite your best efforts, another driver may cause a crash. If you find yourself in this situation, it is important to stay calm and get help to the crash scene.

Injured in a crash in Minneapolis? If so, TSR Injury Law can help you understand your legal rights after a crash. If you need legal assistance, we encourage you to contact our law offices to discuss your situation.

Your initial consultation is completely free. If we represent you, there are no upfront costs of fees to pay.

Call today: (612) TSR-TIME.