Author: Steve Terry

Although most vehicles on the road are loaded properly, sometimes, cargo can be improperly secured. Loose or falling cargo can create a dangerous hazard for other drivers. The cargo may fall off the back of a vehicle and cause a car crash, which may lead to serious injuries and significant property damage.

If you or a loved one were injured in a car crash caused by loose cargo, it is important to understand your available legal options. An initial consultation with a vehicle accident lawyer in Bloomington is free of charge and comes with no obligation to retain our services. We only get paid if we help you recover compensation.

Call (612) TSR-TIME for legal help today.

Negligence in Securing Cargo on a Vehicle

Negligence can result in devastating car crashes. A driver who does not properly secure cargo to his or her vehicle may be deemed careless or negligent. Perhaps the driver loading and transporting the cargo felt that the cargo would be too heavy to shift and did not need additional strapping.

Regardless of his or her reasoning, loose or unsecured cargo can cause significant damage, particularly when it was on a car traveling at a high rate of speed. Cargo that can create a dangerous road hazard includes, but is not limited to:

• Furniture, such as mattresses and dressers
• Appliances, such as refrigerators and washing machines
• Equipment, such as work tools and wood
• And more

Cargo can sometimes fall off a vehicle and onto the road. The cargo may hit a vehicle or injure an occupant in the vehicle or cause the driver to lose control of his or her vehicle and crash. Crashes may also happen because another driver tries to swerve out of the way to avoid hitting the fallen cargo.

Loose cargo may also fall on top of a vehicle’s hood or go through the vehicle’s windshield. The injuries sustained can be life-threatening.

Improperly secured cargo may even cause issues if it remains in the vehicle. When cargo is not evenly distributed, it can make the vehicle harder to control and increase the risk of a crash. Unsecured cargo that shifts inside a vehicle may cause it to tip over.

State Law on Securing Cargo

Section 169.81 of the Minnesota Statutes outlines the proper way to load and secure cargo to vehicles. A vehicle cannot be driven on any highway carrying cargo unless it has been securely covered. The cargo must be secured well enough to prevent it from dropping, shifting, leaking, blowing or escaping.

If a cargo shifts and falls off one vehicle and hits another vehicle on the road, the driver carrying the cargo may not be automatically liable for damages. A car crash may still happen even if the assumed at-fault driver did anything and everything possible to secure the cargo properly to his or her vehicle.

Liability is also often shared by multiple parties. The party that loaded and secured the cargo may have loaded the cargo incorrectly or failed to use adequate tie downs or other devices to secure the cargo.

If you have been harmed due to someone else’s negligence, you may have grounds to pursue a legal claim to help cover your medical bills and lost wages. It may be in your best interest to speak with an experienced lawyer who can protect your rights and help you prove the other driver’s careless actions.

Do Drivers Have a Duty to Avoid Fallen Cargo?

Every driver has a legal duty to operate his or her vehicle safely and responsibly. Part of this legal duty is to be alert on the road and look for any potential hazards. All drivers should  to take precautions to avoid fallen cargo:

• The driver was following the vehicle with the cargo too closely
• There was some sort of warning that the cargo was in danger of falling and the driver behind the vehicle with the cargo had sufficient time to react

If the driver kept a safe following distance and was not aware of any known potential hazards, a car crash caused by loose cargo would have more than likely been out of the driver’s control.

Ways to Stay Safe on the Road in Minnesota

Drivers who decide to transport any cargo on their vehicles must make sure that the cargo is properly secured before getting on the road. Some safety measures that should be taken include:

• Covering the cargo with secured tarps
• Using thick rope and vehicle tie downs
• Not overloading the vehicle with cargo
• Inspecting the cargo between stops

Ways you could also stay safe and help reduce the risk of a car crash include:

• Remaining alert and focused at all times
• Slowing down if you spot potential road hazards
• Avoiding tailgating so you have time to make evasive maneuvers

Reach Out to Our Firm for a Free Case Review

Loose cargo can cause serious car crashes. If you or someone you care about has been injured or killed in a crash, our lawyers at TSR Injury Law are here to help. You may be able to pursue compensation to help cover your medical bills, lost wages and other crash-related losses.

Contact us to learn more about how we may be able to help. The initial consultation we offer costs nothing so there is no risk to you. If we determine that you have a valid claim, there are zero upfront fees to hire our firm. We only get paid if we help you obtain compensation via a settlement or verdict.

Licensed. Local. Lawyers. Ph: (612) TSR-TIME.

Car crashes are usually the result of negligent driving. Many accidents are caused by speeding, distracted driving, violating another driver’s right of way or tailgating.

Car insurers know this, but they often blame crash victims for things that are unrelated to the cause of the collision. Below, we discuss when car insurers may have wrongly assigned fault to the victim of a crash.

Our Minneapolis-based car crash lawyers have many years of combined experience dealing with insurance companies. We know the tactics they use to try to devalue or deny claims. We also know how to aggressively pursue the full compensation crash victims need.

Minnesota’s Comparative Fault Law

Even though Minnesota is a no-fault state, fault is always an issue during a car crash claim. The at-fault driver’s insurance company has an incentive to minimize its liability for your damages.

If the insurance company can prove the victim shares some blame, they can devalue his or her claim under Minnesota’s comparative negligence law. This law says the value of the victim’s claim is reduced based on his or her percentage of fault for the crash.

For example, if you are found to be 10 percent at fault, the value of your claim could be reduced by 10 percent. If your percentage of fault is greater than the at-fault driver’s percentage of fault, you are barred from recovering any compensation no matter how injured you are.

Reasons Insurers May Give for Assigning Fault

There are various reasons car insurance companies may assign fault to crash victims, including:

These are legitimate reasons to assign fault to a victim. The insurance company would need to provide evidence to prove the victim was engaged in some form of negligent driving.

However, insurance companies may assign fault for other reasons, such as:

Your License Plate Was Expired

It is certainly negligent to drive with an expired license plate, and you can be fined for failing to renew your registration before the deadline. However, your expired license plate is unrelated to what caused the crash to happen.

If the insurance company tries to use this as an excuse to deny or devalue your claim, you should contact an attorney for assistance.

You Received a Traffic Citation for Something Unrelated to the Crash

Traffic citations can impact car crash claims. However, it all depends on what the citation was for. If you were rear-ended and one of your taillights was not working, that may be a reason to deny or at least devalue your claim.

If you were cited for an expired license plate or expired license, it should not affect the value of your claim. Even in a first-party claim, your expired license may not matter, unless your policy says coverage is voided if you have an expired license. However, in most cases, all that matters is if you had a valid license at the time that you bought or renewed your policy.

You Were Not Wearing a Seat Belt

Minnesota law prohibits the use of evidence of not wearing a seat belt in a personal injury case. That means not wearing a seat belt cannot be used against you to assign fault for the crash.

It could certainly be argued that not wearing a seat belt made your injuries worse. Studies have shown that wearing seat belts can dramatically reduce the risk of death or severe injury in a crash. However, the central issue is what caused the crash. The decision to not wear a seatbelt is unrelated to what caused the crash.

It is important to take what the insurance company says with a grain of salt. They have an interest in assigning fault to you because it may reduce the value of your claim. That means less money out of their pocket. Unfortunately, that may also mean less money in your pocket.

If the insurance company makes claims about your role in the crash, you should discuss those claims with a licensed attorney. Unlike the insurance company, the attorneys at our firm are committed to your best interests.

TSR Injury Law is Ready to Help. Contact Us for Assistance

For more than two decades, the attorneys at TSR Injury Law have been helping those injured in motor vehicle crashes. We have vast experience negotiating with insurance companies and are prepared to go to trial if necessary to secure the compensation our clients need.

An initial legal consultation is free of charge, and there is no obligation to take legal action after this meeting. If you decide to hire our firm, there are no upfront fees. That means working with us does not come with financial risk.

Call us today to learn more: (612) TSR-TIME

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:

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:

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

Speeding kills thousands of people on U.S. roads every year. In 2019, an average of more than 25 people per day were killed in traffic crashes involving speeding. More than one-quarter of the total traffic deaths that year were caused by crashes in which speeding was a factor, according to statistics compiled by the National Safety Council.

Speeding is a factor in a crash if the driver was cited for a speeding-related traffic offense, was driving too fast given the conditions, or exceeding the posted limit.

Our licensed attorneys explain the dangers of speeding and why it often makes a crash much more likely to happen. We also discuss some ways you can reduce your risk of a crash involving speeding drivers.

If you were injured in a crash caused by speeding, give our firm a call today to learn how our Minneapolis auto accident attorneys may be able to assist you. The damages caused by these crashes are often catastrophic and victims who do not retain a licensed attorney often struggle to recover all the compensation they may need.

Why is Speeding So Common?

There are a lot of behaviors and bad habits that people know are dangerous, but they engage in them anyway. Smoking cigarettes is a prime example, as there is so much evidence smoking can have severe or even life-threatening consequences.

People also know speeding is a bad idea, but they still do it, often on a regular basis. There are various reasons why. However, it is important to remember drivers are making a conscious decision to speed, or at the very least, not slow down when they realize they are exceeding the speed limit.

Common reasons drivers speed include:

• Running late on a commute to a job, school or an event that starts at a specific time, such as a concert, sporting event or a movie
• Being distracted by something and ignoring the speedometer; common distractions include texting while driving, talking to passengers, fiddling with the stereo, eating or drinking.
• Being angry at being stuck in traffic – once traffic clears and drivers have more room they often speed to make up for the time they lost while they were stuck in traffic
• Being under the influence of drugs or alcohol often causes drivers to engage in reckless behaviors, like speeding
• Complete disregard for any traffic laws, which means they constantly break traffic laws and speed, even in places with low-speed limits, such as parking lots and neighborhoods
• Feeling like they can get away with it because they feel less constrained being inside a car
• Lacking driving experience, which may result in speeding without realizing it
• There are more drivers on the road driving more miles than ever before

Exceeding the speed limit is a negligent behavior, and not just because it is against the law. Speeding is irresponsible because it makes it easier to lose control of your vehicle and gives you less time to react to avoid a crash.

You are obligated to follow traffic laws and operate your vehicle in a reasonably safe manner to help prevent injuries to yourself and others you are sharing the road with. Even though drivers may feel detached from others because they are in a car, they must consider others when making decisions about the operation of their vehicle.

Why Does Speeding Make a Crash More Likely to Occur?

Despite alarming statistics and warnings about the dangers of exceeding the speed limit, many people still do not understand the risks involved.

Below, we discuss why speeding can greatly increase your risk of a crash:

• Higher risk of losing control of your vehicle – The faster you go the harder it is to maintain control of your vehicle. If you are speeding and you move the steering wheel just a little too much, you could start to lose control. If you jerk the steering wheel while you are speeding, your car could start to spin or even rollover. Rollovers are particularly common in larger vehicles with a higher center of gravity, like SUVs and large trucks. Small mistakes are magnified when you are speeding. A small mistake at a slower speed is often much easier to correct.
• Increase in stopping time – The faster an object is moving, the longer it will take to stop. When you speed, you are giving yourself less time to stop as you approach a dangerous situation on the road. No matter how hard you press down on the brakes, you may not have enough time to stop to avoid danger. That is why speeding drivers often cause rear-end crashes. They run out of time to stop to avoid hitting the bumper of the car in front of them.
• Increased risk of a rollover crash – Speeding on a turn is never a good idea, but it is an especially bad idea in a taller vehicle like an SUV or crossover. Speeding while turning in one of these vehicles could cause the vehicle to tip in the opposite direction of the turn.
• Less control in bad weather – No matter how fast you are going, controlling your vehicle in bad weather is going to be more difficult. Speeding just makes things even more dangerous. Your tires are going to have more trouble maintaining traction in rain or snow. Speeding only makes this problem worse. It is important to give yourself more time to react in bad weather, particularly because there are other negligent drivers who could make things more dangerous.

What Can You Do to Avoid Speeding Drivers?

Sometimes it is impossible to avoid a crash with a reckless driver. You could end up in a crash through no fault of your own. Fortunately, there are some preemptive steps you may be able to take to lower your risk of a crash with a speeding driver.

• Watch for negligent drivers – It is incumbent on you to be aware of your surroundings and the drivers surrounding your vehicle. Noticing a negligent driver may give you the time you need to move away and potentially avoid a crash.
• Move away from drivers who are speeding – You can either slow down or try to change lanes to move away from a driver who is speeding. If a speeding driver is behind you, change lanes to allow him or her to pass.
• Avoid eye contact – It is important to avoid eye contact with negligent drivers, particularly those who look angry. Eye contact could make the driver even angrier and lead to a road rage incident.
• Call the police to report reckless drivers – If you see a reckless or speeding driver, and you can get the license plate as the driver passes, call the authorities. They may be able to pull the driver over and issue a citation. Getting the driver off the road even for a few minutes could help prevent a crash.

Injured by a Negligent Driver? Give TSR a Call Today

For more than two decades, our firm has been helping car crash victims secure compensation to help them put their lives back together. We helped many crash victims reach favorable settlements with insurance companies and have also taken many cases to court to secure the justice and compensation our clients were seeking.

There are no upfront fees or obligations with our services. Our attorneys are not paid for representing you unless you are compensated.

TSR Injury Law is here to help crash victims. Call (612) TSR-TIME.

When a jury reaches a verdict in a car crash case, one of the two parties involved is bound to be unhappy. While crash victims will be unhappy if the jury does not award them compensation or awards them less than they would like, insurance companies will probably be unhappy if they are required to pay out any compensation.

When the victim (plaintiff) or the insurance company/at-fault driver (defendant) is unhappy with the jury verdict in a car crash case, they may be able to file an appeal.

Below, we discuss why a car insurance company may file an appeal of a jury award of compensation. We also explain what might happen if an appeal is filed.

When Can a Car Crash Jury Verdict Be Appealed?

An insurance company cannot appeal a jury verdict simply because they are unhappy with it.

The insurance company needs to prove there was an error of law in the jury’s decision for an appeal to be successful. There are many examples of errors of law that may be valid reasons for an appeal, such as:

The insurance company must provide strong evidence of an error of law, otherwise, the appeal will fail.

In a car crash case, the insurance company may appeal by claiming there is not enough evidence of the severity of your injuries or evidence linking your injuries to the crash. They may also claim some evidence was not included in the trial and it would have resulted in a different outcome.

What About the Jury’s Award of Compensation?

When an appeal is filed and accepted by the appeals court, compensation will not be paid out until the appeal is resolved.

If the appeal is accepted the case will move to an appeals court, which can vacate the original verdict, change the damages award, or send the case back to the lower court for a new trial.

Unfortunately, appealing a case is time-consuming and adds a considerable amount of legal expenses. This could cut into your compensation award.

However, appealing also adds to the insurance company’s expenses, so they may not want to appeal unless they think they have a strong argument.

If the insurance company appeals, you want to make sure you have an experienced attorney who is prepared for it. At TSR, we are ready for an appeal by the insurance company. We have decades of experience and know insurance companies are looking for any way out of paying compensation to crash victims.

It is important to have an attorney with courtroom experience because insurance companies know the attorneys that rarely or never take cases to court. Insurers may be less likely to make a fair settlement offer if you are represented by an attorney who usually settles.

Contact TSR Today to Discuss Your Crash Claim

Our experienced Bloomington auto accident attorneys have helped many crash victims secure compensation, through settlements and courtroom verdicts. We are ready to help you discuss legal options and determine how we may be able to help you.

We work on contingency, which means there are no upfront fees for our services. An initial consultation is free, and you are not obligated to take legal action afterward.

Although many claims settle, we are always prepared to go to court, as our goal is to secure full compensation to help you move forward.

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

Car crashes can cause serious disruption to victims’ lives. In addition to the injuries victims may suffer, they may lose income because they are unable to work for a few days or longer.

Even though victims may be spending more time at home, they may not be able to complete household tasks as they did before. For example, they may not be physically able to clean up the house, shop for groceries, take care of children or shovel snow. This can present a variety of challenges for crash victims and their families.

Fortunately, Minnesota car insurance policies are required to provide compensation for replacement services. Below, learn more about what may be covered by replacement services benefits and how much compensation crash victims may receive.

Minnesota Law on Replacement Services Coverage

Minnesota statute 65B.44 details the basic economic loss benefits that are part of any Minnesota car insurance policy, including replacement services. Subdivision 5 says this benefit reimburses all expenses that were reasonably incurred by the injured person or on that person’s behalf to obtain usual and necessary substitute services that would have otherwise been performed. These services are for the direct personal benefit of the victim and/or the victim’s household.

What Are Replacement Services?

There are numerous examples of household chores injury victims may be unable to complete. They may need to hire help to complete these tasks and their car insurance may cover the cost of hiring that help. For example, your car insurance may provide compensation for the cost of hiring someone to help with:

How Much Compensation Could You Recover?

You can recover a maximum of $200 per week for replacement services. However, you cannot receive compensation for replacement services until seven days after the crash occurred.

There are two ways to collect these benefits. If you are deemed a “primary homemaker” there does not need to be an actual expense for the replacement service. The primary homemaker can make a claim just because they cannot do the service anymore. An experienced attorney will help with the needed disability slips and affidavits to prove the claim. If the injured party is not a primary homemaker, then an actual expense needs to be had to be reimbursed.

This is an issue to discuss with a licensed Minneapolis auto accident attorney. Make sure to keep track of how much you had to pay for hiring someone to help around the house. That way you can help make sure you receive compensation for everything that is covered by your car insurance.

What if My Spouse Takes Over Household Chores and No One Is Hired to Help?

If you have full responsibility for the care and maintenance of your home, you can be considered the primary homemaker. Whether you have children or not, the reasonable value of the services to run the home will be covered. Even if your spouse, or no one, does the actual work, the primary homemaker can be compensated for the loss. You can be also considered fully responsible for managing your household even if you work outside the home.

If the two working adults in a home are responsible for maintaining the home, an attorney can help determine which claim has merit. No matter the circumstance, replacement services will always be covered if an expense is paid.

If you are single and live alone, you usually are the primary homemaker. You can still get reimbursed for replacement services, even if you do not hire someone.

Call TSR Injury Law to Discuss Your Car Crash Claim

Injured in a Minnesota car crash?

Our attorneys may be able to help you recover compensation for your damages. Give us a call today so we can discuss what happened and how we may be able to assist you. There are no upfront fees or legal obligations with our services.

Experienced Attorneys. Proven Results. Call (612) TSR-TIME.

Suffering an injury in a car crash is bad enough, but your insurance company telling you an injury is not that serious or that it preexisted the crash feels like an insult. Unfortunately, car insurance companies do this all the time, especially with back injuries.

It can be difficult to obtain hard evidence of some back injuries because they may not show up on imaging tests. That motivates insurance companies to deny there is an injury or undervalue it. These are two reasons why car crash claims for back pain can be challenging to validate.

One of the most important steps to take after a car crash is to contact an attorney to help you deal with the insurance company. An attorney can serve as a strong advocate for your case and manage all the steps involved.

At TSR Injury Law, there are no upfront fees for our services and our attorneys do not get paid unless our clients get paid. Call today to schedule a free consultation with a licensed Minneapolis auto accident attorney.

How a Car Crash Can Cause a Back Injury

Back injuries are common in car crashes because the body abruptly stops moving during the crash. Victims’ forward momentum is stopped by the seat belt, airbag, or even the steering wheel. This sudden stop can cause a sprain or fracture in numerous body parts, especially your back and neck.

Many crash victims with back injuries suffer damage to their lumbar spine in their lower backs. There are five vertebrae in this part of your spine. Even if vertebrae themselves do not suffer damage, the tissues around and discs between the vertebrae could suffer significant injuries.

Common Car Crash Back Injuries

Some of the most common car crash back injuries include:

Herniated Discs

If a spinal disc shifts it can compress nerves in the area, resulting in significant pain. Victims may feel a burning sensation and weakness from their back, into their buttocks and down their leg.

Vertebrae Fractures

There are various types of fractures that may occur:

• Compression fracture – These are small breaks in the vertebrae caused by pressure.
• Dislocation – There is a fracture and dislocation of the vertebra or vertebrae.
• Flexion fracture – This is when there are fractures in the middle or posterior columns.
• Burst fracture – This occurs when parts of the vertebrae get crushed, which may cause bone fragments to be scattered around.

Spondylolisthesis

This occurs when a vertebra is displaced by a stress fracture. The spine shifts forward or backward causing instability.  The instability, or shifting, may cause compression of the spinal canal or nerves. Symptoms may include weakness, pain and leg numbness. Some victims may struggle with walking.

Sprains and Strains

These occur when soft tissues are stretched too far. A strain causes tendons in the back to get stretched. However, a sprain refers to damage to the ligaments that connect joints to bones and bones to bones.

Victims of car crashes that result in back injuries may also develop degenerative spinal disorders:

Challenges of Validating Back Pain Claims

Claims involving back pain and back injuries are challenging for a number of reasons, some have to do with how victims deal with their injuries, others have to do with how insurance companies view these injuries.

Victims Often Wait to Seek Treatment

This happens with many types of car crash injuries, but especially soft-tissue injuries. They may feel a little pain after the crash but assume it will go away on its own. Maybe they have felt similar pain before and think it will stop in a few days or a week or so. They compare it to being sore after a hard workout.

While some pain does go away on its own, often, the pain will get worse. Victims may wait until that happens to seek treatment.

There are two problems with this: injuries can and do get worse when they are left untreated, and it can be harder to link the injury to the crash. A commonsense argument is the longer away treatment occurs from the crash, the less likely the treatment is related to the crash.

Whenever there is a significant gap between the crash and the first meeting with a doctor, insurance companies claim the injury did not happen in the crash. They claim the victim suffered an injury because of something else that happened between the time of the crash and the date of treatment. This is known as an intervening cause.  They may even say you are in pain because of a preexisting medical problem that became aggravated.

It is important to not delay medical treatment after a car crash. It is possible your injury is not that bad, but this determination needs to be left up to a qualified medical professional. Getting to the hospital or a doctor’s office quickly helps you get pain relief and establish a strong link between the crash and any injuries diagnosed by doctors. Soreness, although mild, could be a symptom of a more serious injury.

It is important to note that even if you delay treatment, an attorney may still be able to help you obtain compensation. That is why it is vital to call a lawyer right away.

It May be Difficult to Validate a Back Injury

Some back injuries may not show up on a medical imaging test, particularly injuries to soft tissues like muscles. Some injuries may not even show up on an MRI or X-ray. Technology will not always show a disc bulge or green tree fracture.

Even if an imaging test shows the injury, the severity of the injury may be at least partially based on the symptoms reported by the victim. This is a subjective measurement, and the insurance company is likely to be highly critical of how the victim describes his or her injury.

When a doctor diagnoses a soft-tissue injury, he or she is going to rely on the patient’s description of symptoms and pain levels. Even though the doctor is going to do a physical exam to determine range of motion and other benchmarks (ability to stand up straight, walk or bend at the waist), he or she is going to rely heavily on the victim’s feedback.

Insurers Consider Soft-Tissue Injuries to be Minor

Car insurance companies have biases against soft-tissue injuries. They are likely to consider these to be less serious than broken bone injuries or brain injuries.

Despite the insurance company’s bias, many crash victims who hire experienced attorneys can secure the compensation they need for their back injuries. While contacting an attorney is an important step, it is also important for victims to be diligent in their medical treatment. That means not skipping appointments without a good reason and rescheduling missed appointments.

If you stop getting treatment, the insurance company is going to say you are healed or you no longer need treatment. They will use that as a reason to devalue your claim.

If you disagree with the doctor’s treatment plan, you may want a second opinion. However, it is important to keep your lawyer informed about what is happening with your treatment.

Need Help with a Claim for Back Pain? Call TSR Today

Validating a car crash claim for back pain is often complicated, and without an attorney’s help, it is very unlikely you will be able to recover full compensation for your damages.

At TSR Injury Law, we are committed to securing maximum compensation for medical expenses, lost wages and non-economic damages. We have obtained $1 billion on behalf of our clients.

There are no upfront fees for our services and no fees while we work on your case.

Free consultation. No obligation. Call today: (612) TSR-TIME.

You are probably not surprised to learn car insurance companies like to insert a variety of provisions or clauses into their insurance contracts to try to protect their interests.

A common example of this is a drop down provision, which is also known as a household exclusion or step down provision. If a family member or someone else who lives in your house files a claim for uninsured or underinsured motorist coverage, a drop down provision may lower coverage to the state minimums, even if you bought more coverage.

Unfortunately, these types of clauses may hold up in court when challenged. That is why it is so important to review insurance policies carefully before signing up for coverage.

How Drop Down Provisions Work

The terms of drop down provisions may vary. These clauses could apply to liability coverage and underinsured/uninsured motorist claims.

Drop Down Provisions for Liability Coverage

This is coverage for crashes caused by the policyholder. Victims of these crashes can file claims to try to obtain compensation from this coverage.

If someone buys a policy with a drop down provision and causes a crash, but the victim is related to and lives with the policyholder, he or she may only be able to recover compensation up to the minimum limits required by state law. The drop down provision may say family members or people living in the policyholder’s household are excluded from the full liability coverage in the policy.

This could be a significant reduction in coverage, as many people buy more than the minimum required coverage.

There was a case in Minnesota where $1 million in liability coverage was knocked down to the state minimum for a married couple that was killed in a 2006 car crash. The father of the driver had purchased $1 million in liability coverage, but when the wife’s survivors sued for wrongful death, the insurance company enforced the drop down provision.

Unfortunately, the Eighth Circuit Court of Appeals allowed this clause to be enforced, because the woman killed in the crash was classified as a household member. The policy said coverage does not apply to bodily injury to:

• Anyone injured while operating your insured car
• The policyholder or anyone related to you and living in their household
• Anyone related to the operator and residing in the operator’s household

The minimum required liability coverage in Minnesota is just $30,000 per person and $60,000 per accident.

Drop Down Provisions for Uninsured/Underinsured Motorist Coverage

The minimum amounts for uninsured/underinsured motorist coverage are $25,000 per person and $50,000 per crash. These coverages may apply if you get injured in a crash with an uninsured driver or one who does not have enough coverage for your damages.

If your policy contains a drop down provision, and you get hit by an uninsured or underinsured driver, passengers in your car may only get the minimum coverage. For example, even if you purchased more coverage, it might not apply to your children if they were in the car with you when the crash happened.

This is an unwelcome surprise, as policyholders buy extra coverage just in case they need it. Once people buy extra coverage, there is much less concern about having enough if the unthinkable happens.

In a serious crash, the minimum coverage probably will not be enough to cover the damages suffered. Victims or their loved ones will need to pay for medical care and other damages out of their own pockets, unless they have other insurance coverage to turn to, such as an umbrella policy.

When crash victims are left trying to pay out of pocket, they may skip treatment, or go deep into debt to pay for it. Most people do not have the financial ability to pay for ongoing treatment for a serious injury.

Unfortunately, Minnesota law does not require insurance agents to know everything about the policies they are selling. Our state also does not require drop down provisions to appear on an insurance policy declarations page. These clauses are often hidden in dense policy language that many policyholders do not sift through.

If you discover such a provision, contact your insurance company to have it removed or buy insurance from a different company. If the clause is there, the insurance company will use it. Their goal is to pay out the least possible amount on a claim. Even though you are the policyholder, the insurance company is committed to its interests.

Contact TSR Injury Law for Legal Help After a Crash

Crash victims do not need to try to pursue compensation on their own. You have the right to hire an attorney for help. However, your choice of attorney is important. You need an experienced lawyer with a track record of success who is prepared to go to court to fight for full compensation.

At TSR Injury Law, our Bloomington-based car accident lawyers have secured $1 billion on behalf of our clients, including victims of motor vehicle crashes. There are no upfront fees or legal obligations with our services. We have extensive knowledge of the law and a record of success battling insurance companies looking to underpay claims.

Experienced attorneys. Proven results. Call (612) TSR-TIME.