Author: Steve Terry

One of the main reasons car crash victims hire attorneys is so they can manage the legal process. That way, crash victims can focus on their treatment and know their claims are being managed properly.

The last thing victims want is to feel like their lawyer is not doing a good job. Not only does this raise questions about whether they will receive compensation, it may also cause victims to think about changing attorneys.

Below, our licensed Bloomington auto accident lawyers discuss switching lawyers in the middle of a claim. If you have questions about seeking compensation for a car crash injury, give our firm a call to schedule a free legal consultation. Our firm has obtained over $1 billion in compensation on behalf of our clients.

Free Case Review 24/7. Ph: (612) TSR-TIME.

Is it Too Late to Make a Switch?

This is an important question to consider if you are unhappy with your attorney. If a lawsuit has been filed, it may be next to impossible to get another lawyer to agree to take on your case. In fact, the judge in the case may not allow it.

Even if a lawsuit has not been filed, it may be difficult to make a change in the middle of settlement negotiations with the insurance company. Injury attorneys are not paid by the hour. They receive a percentage of the end result settlement or jury verdict.  They also recover fronted costs to pursue the case. If another lawyer has been working on your case and is fired, he or she is still entitled to recoup for their time and expenses fronted. The fired attorney will file a lien with the involved insurance companies and their name may be added to any checks that are sent after settlement.

Wrapping up a case is often the hardest part. A new lawyer has to take over the case, often fix errors or redirect the case to a more positive direction. The new attorney may not want to assume the risk and work of a new case and have to repay the first attorney for their time and expenses. More work and less pay is often not enticing for any professional.

As a general rule, the less time the prior attorney has worked on the case, the easier it is to switch.  If you are unsure if it may be too late to make a switch, you can reach out to another attorney you are considering and schedule a free consultation. Most personal injury law firms offer a free initial consultation to answer questions about taking legal action, including our law firm.

Do You Have a Good Reason for Making a Change?

Before making a change, you should review why you want to change lawyers. Injury victims often have many misconceptions about the legal process, and they are often anxious to recover compensation because of mounting medical bills or missed time at work.

Concerns About Delays

If you want to make a change because you think things are taking too long, that may not be true. Typically, claims are not settled until the victim has healed or reached maximum medical improvement. That could take several months or even years.

Delays are not always the fault of the attorney. Insurance companies are notorious for dragging their feet and making lowball offers. Insurance companies want to give attorneys and the victims they represent as little time as possible to file a lawsuit before the statute of limitations for filing a lawsuit runs out.

If you have concerns about how long it is taking, call your attorney to ask for an update. Your attorney should get back to you promptly and give you a detailed update. Experienced attorneys should understand concerns like these and be able to reassure their clients.

Talking to Your Lawyers

One of the biggest complaints from clients is their attorneys do not respond to calls or emails.  If you are unhappy or have questions, reach out to your attorney.  Give them a reasonable amount of time to respond.  If despite your best effort to get answers, there is no response, then you might want to consider making a change.

Another complaint is when attorneys miss deadlines or constantly ask the insurance company for more time.  This may indicate the attorney lacks experience or has taken on more cases than he or she can handle.

You should be able to trust your attorney and be able to communicate with him or her on a regular basis. Your lawyer should be interested in explaining things to you to help give you peace of mind.

The attorneys at TSR Injury Law are committed to answering your questions from the first day we represent you until the resolution of your case. We use teams of attorneys, secretaries and paralegals to always work on your case and communicate and respond to questions. The attorneys give out their cellphones and will always text, email or call back in a reasonable time. We believe in building strong relationships with clients because this is a difficult time in their life.

Lack of Relevant Experience

Another good reason for making a change is if you find out the attorney has not managed cases like yours before. This is something to research before hiring an attorney. If your attorney does not have much experience with car crash cases, or with injury cases like yours, he or she may be less likely to build a strong case or be able to recover maximum compensation.

Lack of Courtroom Experience

It is also important to have an attorney who regularly takes cases to court. It is unlikely you will need to go to court because most cases settle. However, insurance companies know the attorneys who rarely go to court. Insurers may not feel the need to make a better settlement offer to these attorneys because insurance companies do not think there is much of a chance of a lawsuit being filed.  Without the fear of a potential jury verdict, there is no pressure to make the best most fair offer.

Call TSR Injury Law to Discuss Your Claim

Our firm works on contingency, which means our attorneys are not paid for their services unless our clients get paid. We do not charge fees up front before taking a case or working on a case. That means working with one of our licensed attorneys comes with no risk.

If you have any questions about the crash or your insurance claim, give us a call. We have obtained tens of millions in compensation for our clients, many of whom were injured in motor vehicle crashes.

TSR Injury Law is here to help. Call (612) TSR-TIME to learn more.

Talking to the insurance company after a Minnesota car crash is dangerous because you may be tempted to accept a settlement.

Insurance companies may make a property damage offer and add a few hundred for the rest. You might verbally agree because you are desperate for compensation and do not know how much your case may be worth. You might not know property claims cannot be bound to injury claims as “take it or leave it” offers.

Backing out of a verbal settlement agreement can be complicated. You should discuss the situation with an experienced attorney before signing anything. A lawyer may still be able to negotiate for more compensation.

Call the Minneapolis-based auto accident lawyers at TSR Injury Law for a free legal consultation.

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

What is a Settlement Agreement in a Minneapolis Personal Injury Case?

Settlements are legally enforceable contracts signed by two or more parties to resolve a dispute. A Minneapolis car crash settlement is typically a written agreement between the victim of a car crash and an insurance company. The settlement ends the victim’s claim against the insurance company in exchange for compensation for damages.

The settlement also includes a section releasing the insurance company from any future liability for damages from the crash. Once the agreement is signed and compensation is paid out, the victim is barred from seeking any more compensation from the insurance company for the crash.

How are Settlement Agreements Reached?

Sometimes the victim of a Minnesota car crash files a claim on his or her own and reaches a settlement with the insurance company. Some crash victims hire an attorney and he or she negotiates a settlement with the insurance company.

When working with an attorney, he or she begins the process by investigating the crash and the victim’s damages and then drafts a demand letter requesting a certain amount of compensation. The demand letter explains why the victim should receive compensation and includes evidence to back up the argument. The insurance company typically rejects the attorney’s first offer, which starts the negotiation process. Both sides are likely to go back and forth until they reach an agreement.

Can You Verbally Agree to a Settlement?

Accident victims could verbally accept a settlement offer in a phone conversation with the insurance company or in person at the company’s office.

Verbal agreements can be difficult to enforce, so you may be able to rescind your acceptance in writing. The agreement might not be legally binding until you sign it.

How Should I Respond to a Settlement Offer?

When you think about when to accept a settlement offer, remember that you do not have to say “yes” or “no” right away. You should not be making decisions on the insurance company’s timeline, no matter how hard the adjuster pushes you for an answer. You need to do what is in your best interest.

You can tell the adjuster that you need time to consider the offer. You can also tell the adjuster you plan to discuss the offer with your lawyer.

It is perfectly OK to have second thoughts or feel apprehensive about accepting a quick settlement offer. The insurance company is only trying to scare you when they say you will not get any compensation if you reject their first offer. This is an intimidation tactic. They are just trying to mislead you.

Why You Might Have Second Thoughts About an Insurance Settlement Agreement

Initial settlement offers are often inadequate because it is not in the insurance company’s best interests to offer full compensation.  Their profit margin is enhanced every time they can quickly settle for $1,000. when a case is truly worth $10,000 or more.

It is also difficult to assess the value of a claim so early in the process. Victims need to finish their treatment, and doctors need to see if your injury will have any long-term effects. It is only at that point that doctors can determine if you need ongoing treatment or if your injuries will impact your ability to work or live the rest of your life pain free.

If doctors and your attorney need time to determine the value of your case, there is no way the insurance company can know what it may be worth.

Your lawyer needs time to assess your damages, which may include:

Can a Verbal Settlement Offer be Rescinded?

This is a complex question and multiple factors need to be considered to answer it.

For example, did you agree to the insurance company recording your phone conversation? If so, and you said you agreed to a settlement offer, it will be more difficult to undue the contract. Text messages or emails could also be used against you if you try to rescind your acceptance of the insurance settlement agreement.

However, verbal settlement agreements may have a hard time holding up in court. One of the issues that may need to be decided in court is whether you verbally agreed with the intent to stick to the agreement. If there is proof of this, including proof you later changed your mind, the insurance company’s position may be favored.

Was the agreement for property damage and got expanded to all matter? The greater the overreach, the easier it is to cancel the agreement.

It is very important that you do not sign anything until discussing it with a lawyer. While the insurance company is focused on paying out the smallest settlement, an experienced attorney should be focused on obtaining maximum compensation.

Making Insurance Companies Wait

You may be concerned about making the insurance company wait. However, insurance companies often try to convince crash victims they need to accept the first offer because there will not be another one. This is often not the case, particularly when you have an attorney advocating for you.

Insurance companies often argue “why hire an attorney? They will simply take half of your settlement.” This is not true. Some services like property damage and medical bills paid by no fault are done without a charge.

In addition, well known statistics show people with an attorney often get three times the settlement as those without representation. So even after paying a fee, people with attorneys come out ahead and have the comfort of knowing the settlement was done legally correct.

You have the right to discuss a settlement offer with an attorney before agreeing to it. If you already gave verbal acceptance, you may need to formally rescind your acceptance offer. This is something an attorney should be able to assist you with. You should call a lawyer right away, because, if you delay, the insurance company may use this against you.

What Happens if You Sign a Settlement Offer?

Once you sign a settlement offer, it is very unlikely you will be able to back out of it. Settlement offers usually contain clauses releasing insurance companies from any future liability for the accident in question.

That is why you need to be certain the settlement offer provides all the compensation you will need. The best way to do that is to talk to an experienced lawyer about it. The lawyers at TSR Injury Law are focused on your best interest and will fight to recover maximum compensation.

What if My Injury Gets Worse Later?

Your injury could worsen after you sign the settlement agreement and you have received all your compensation. However, you cannot pursue more compensation at this point.

You need to make sure the settlement provides compensation for any medical expenses and other damages you may accrue in the future. You also need to account for worsening of your injury. This is something your lawyer can evaluate by reviewing medical records, talking to doctors and possibly medical and economic experts.

Was the Agreement Reached in Good Faith?

Unless you can prove the insurance company committed fraud, coerced you into settling or you can prove a lack of mental capability to understand the contract, it is unlikely you would be able to seek more compensation. In other words, the settlement may be unenforceable if it was entered into in bad faith.

That said, it is very difficult to prove a settlement was not agreed to in good faith.

Need Help After a Minneapolis Car Crash? Set Up a Free Consultation Today

Car crash claims are often worth more than the insurance company says they are. Their goal is to pay out the least possible amount to protect their bottom line.

That is why it is important to meet with a licensed attorney to discuss your claim. TSR Injury Law has obtained over $1 billion in compensation on behalf of our clients. Your initial consultation is free, and there are no upfront fees while we work on your case.

Call Today for Legal Assistance. Phone: (612) TSR-TIME.

Do you think the driver who caused your crash was speeding?

Proving the other driver was speeding may be difficult without the help of an experienced attorney who has taken on these cases before. You need a lawyer who knows how to obtain evidence of speeding. For example, it may be possible to prove speeding by citing damage to both vehicles.

Victims of speeding-related crashes should consider seeking experienced legal help. The attorneys at TSR Injury Law have recovered millions in compensation on behalf of car crash victims. We have been assisting injury victims in Minnesota for more than 20 years.

What Vehicle Damage May Say About the Cause of the Crash

Rear-end crashes result in damage to the lead car’s bumper and damage to the rear car’s front end. Depending on the speed of the crash, there could also be damage to the engine block, radiator, or other things under the hood. The faster the rear car is traveling, the more likely it is to sustain significant damage from the crash.

Rear-ending another car at high speed may indicate distracted driving, as a driver who was paying attention may have been more likely to slow down sooner and avoid a crash or not hit the lead car as hard. However, it could also indicate speeding, as a car traveling at a slower speed may have been more likely to stop and avoid a collision.

This is just one example of how vehicle damage may indicate whether the at-fault driver was speeding. The collision rating for your vehicle may also indicate how fast the other vehicle was traveling when the collision occurred.

Vehicle manufacturers have collision ratings for all their vehicles. Collision ratings describe the amount of damage done based on the speed of the at-fault driver’s vehicle. When your car is taken to a repair shop to assess the value of damage, the shop will look at the damage done and link that to the appropriate collision rating. This may indicate if the other driver was traveling over the speed limit.

Your attorney may want to bring in an accident reconstruction expert, and this person may refer to vehicle damage to describe the cause of the crash. For example, if the speed limit where the crash occurred was only 25 or 35 miles per hour, and your vehicle sustained catastrophic damage, this may serve as proof the other driver was speeding.

Other Evidence to Build a Case for Speeding

Fortunately, vehicle damage is not the only form of evidence that may help your lawyer prove speeding. Other physical evidence from the scene may indicate speeding.

For example, skid marks may indicate the speed of the at-fault driver’s vehicle. Cars that were speeding are likely going to leave longer skid marks compared to cars that were not speeding. Cars that are speeding also take longer and need more room to stop compared to cars that are not speeding.

Road debris may also be indicative of speeding. The faster vehicles are traveling, the farther debris may get flung from the point where the two vehicles collided. If possible, take pictures of debris created by the crash. If you can, get pictures from many different angles, as this can better help your attorney assess the speed of the vehicles involved in the collision.

Other types of evidence that may help prove another driver was speeding includes:

• Police reports – The police report should list traffic citations issued for the crash. The officer may also give his or her opinion as to who caused the crash and why.
• Witness statements ­– Witnesses in other cars or pedestrians may have seen the crash. While they cannot know how fast the vehicles were traveling, he or she may be able to tell if one car looked like it was speeding. For example, if a car was weaving in and out of traffic, the driver was likely speeding.
• Camera footage – Dashcam footage or security camera footage may be available. Your attorney may be able to use the footage to prove the other driver was speeding.                          

Call TSR Injury Law Today to Schedule a Free Consultation

Speeding continues to be one of the leading causes of car crashes, and many of these crashes result in serious injuries or fatalities. Victims and their loved ones should seek experienced legal representation, as those who hire lawyers often recover more in compensation compared to those who do not.

The initial consultation with one of our experienced Minneapolis auto accident lawyers is free of charge and there is no obligation to take legal action after this meeting.

TSR Injury Law. Millions Recovered. Call (612) TSR-TIME.

The Bloomington auto accident lawyers have experience helping injury victims and may be able to help you recover the compensation you need, even if your injuries were delayed.

Below, learn more about seeking compensation for a delayed injury. TSR Injury Law offers a free legal consultation to discuss legal options following a crash injury.

Car Crash Injuries with Delayed Symptoms

There are some injuries that may leave you feeling a little sore at first. You may also experience headaches. Unfortunately, many crash victims think of these as minor symptoms and think they will likely heal on their own.

However, these kinds of symptoms could be signs of more serious injuries. Symptoms of these injuries are likely to get worse in the coming days and weeks.

Back Injuries

Back pain could be much more serious than you think. Pain could indicate damage to the spinal cord, a herniated disc or whiplash.

If you have back pain, watch for other symptoms, such as tingling in your legs.  A neck injury could also cause tingling or zapping pain into your arms or hands.  This may indicate a pinched nerve.

Other symptoms to watch for include:

Whiplash

If your head and neck were whipped forward or back during and after impact, the tendons in your neck and shoulders may have been stretched too far. While you may have some pain right away, it may not get bad until the next day or the next few days.

While whiplash sometimes heals on its own, it is important to seek treatment right away. This could help the injury heal faster and prevent other symptoms, which may include:

• Ringing in the ears
• Blurry vision
• Trouble sleeping

Concussion/Traumatic Brain Injuries

Contrary to what some people may believe, you can suffer a concussion without being knocked out. You do not even need to hit your head on something to suffer a concussion. Simply being jolted around violently could cause the brain to slam against the inside of your skull.  The term shaken baby syndrome is an unfortunate reality because of this exact phenomenon.

Potential symptoms of a concussion may include:

Internal Bleeding

If you cannot see an injury, you may not think it exists. However, some injuries do not cause damage you can see. Crash victims may dismiss abdominal pain without realizing it may be a sign of internal bleeding. If you feel dizzy or faint you may have suffered internal bleeding. Sometimes internal bleeding causes large dark bruises.

Filing a Claim for a Delayed Injury

If you waited to seek treatment, you should strongly consider meeting with an attorney. The insurance company may claim your injury was caused by something other than the crash. You need an experienced attorney to build a strong case that may help you counter these claims.

It is also important to tell the doctor you see that you were in a car crash, and your symptoms started then and have become worse since. The doctor will note that in your medical records, which should help link the crash and your injuries.

You may be concerned the insurance company will review your medical history to discover preexisting medical conditions and blame your injury on one of these conditions. However, you do not automatically need to give them access to old medical records. If you are concerned about a preexisting injury affecting your claim, discuss it with your attorney, as it will be protected by attorney-client privilege.

You should also make sure to follow the doctor’s advice and continue your treatment. This helps to show the severity of your injuries and you are taking the situation seriously. Missing appointments and stopping treatment gives the insurance company something to use against you.

Need Help Filing a Claim? Call TSR Today

If you were in a car crash and suffered an injury diagnosed by a doctor, you should be able to seek compensation through an insurance claim. This is likely true even if you delayed seeking treatment after a crash.

However, in these situations, it is important to find an experienced attorney with a track record of success. You cannot rely on the insurance companies to treat you fairly after a crash. You need an experienced attorney with a history of negotiating with insurance companies and obtaining compensation.

There are no upfront fees, and the initial consultation is free of charge.

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

Passing by or a through a construction zone can be dangerous, which is why there are usually signs, cones and even construction workers to help direct traffic. However, despite safety measures like these, you could get into a crash in a construction zone.

It is possible the construction company or its workers may hold some liability for a crash, particularly if they were negligent in how they marked off the area or directed traffic. This could make filing a claim more complicated, which is why it is important to seek qualified legal help.

At TSR Injury Law, we have helped many crash victims recover compensation for the damages they have suffered. Our firm has secured over a billion in compensation on behalf of our clients.

An initial consultation with an experienced Bloomington auto accident attorney is free of charge.

When Construction Companies May Bear Liability

Most car crashes are caused by negligent drivers, but there may be other factors involved, particularly if the crash occurred in or near a roadside construction site.

There are a variety of reasons a construction company could be liable for a collision:

The construction company could be vicariously liable for the actions of its employees/workers. In other words, since the construction company exerts control over their workers’ actions, if these workers act with negligence, their employer may hold liability.

It is possible your crash happened because of another driver’s actions that seemed to be negligent. However, that driver may have been forced into a reckless maneuver because of a construction worker’s negligence. In this situation, the construction company could bear liability.

For example, maybe a driver had to make a sudden maneuver because of the way traffic was directed through the construction site. Maybe a construction vehicle moved out into the road and the driver had no choice but to slam on the brakes or veer over into your lane.

If you are able, take pictures of the construction site after your crash. Try to capture the obstacle/issue that you believe led to the crash. When you leave a crash scene, things may get cleaned up, clearing away potential evidence at the same time. The area may not look the way it did right after the crash.

Can You Seek Compensation from the Construction Company?

This is something that should be discussed with a licensed attorney. However, if the construction company’s negligence contributed to the crash, it may be possible to file a claim against them for compensation.

Minnesota is a no-fault state, which means drivers generally seek compensation from their own insurance policies for medical bills and wage, but they seek other compensation from the at fault person or company.

You may be able to file a lawsuit if your injuries created medical bills of at least $4,000, left you disabled for at least 60 days, or caused permanent injury or disfigurement.

Lowering Your Risk of a Construction Zone Crash

While you cannot control the actions of other drivers, you can control how you drive when you approach a roadside construction site. Simply slowing down and leaving a safe distance between your vehicle and the one in front of you could significantly lower your risk for a crash.

Stay alert and obey the signs, as well as the construction workers who are directing traffic. When people become distracted by their cellphones or the radio they may miss important road signs or workers who are directing traffic.

Make sure your taillights work. When you are driving at night, these lights help other drivers to see your taillights when you brake, giving them time to react when you slow down.

Injured in a Car Crash? TSR May be Able to Help

The licensed attorneys at TSR Injury Law are ready to help you seek maximum compensation. Give us a call today to discuss what happened and whether you may have a case.

There are no upfront fees for our services and no legal obligations. That means there is no risk in giving us a call to discuss your crash. We have helped victims of a variety of crashes secure the compensation they needed to move forward.

Local. Licensed. Lawyers. Call (612) TSR-TIME today.

While truck drivers are often the ones found to be at fault for a crash, sometimes crashes are the result of poor maintenance of the truck. For example, maybe the driver or trucking company failed to have the brakes serviced and they failed, leading to a crash with another vehicle.

Sometimes a truck was taken in to be serviced, but things were missed, or the mechanics did a poor work, making mechanical failure more likely.

In these situations, drivers, trucking companies and even repair shops could all be liable for damages that may result from a crash. Below, learn more about maintenance/mechanical issues that commonly arise with commercial trucks and how they may increase the risk of a crash.

Our Bloomington truck accident lawyers are ready to help you seek compensation. Call today.

Brake Failure

The brakes are arguably the most important piece of equipment on a commercial truck, as far as preventing a crash is concerned. If the brakes fail or do not work as well as they should, a crash is much more likely to occur.

One thing to remember about commercial trucks, and vehicles is general is this: the heavier they are, the longer they take to stop. If the brakes are malfunctioning, it may be much harder for a driver to slow down and come to a stop. This could make a crash more likely to occur.

The brake pads may be worn down and need to be replaced. Sometimes there are sets of brakes that must work harder than others. There may be mismatched sets of parts or problems with the pneumatic system. These issues could cause the brakes to lock up.

Sometimes the brakes are not the issue – the truck may be overloaded with cargo. An overloaded trailer can make it harder for the brakes to work as they are supposed to. An overloaded trailer may make the brakes more likely to fail.

Problems with Steering

If there are steering issues, either with the steering wheel itself or the axles, the driver may be unable to maneuver the way he or she needs to, to be able to avoid a crash.

Pump malfunctions, fluid leaks, blocked hoses or worn belts can all contribute to the failure of a steering system. Fortunately, drivers should be able to discover problems because steering wheels often get loose or vibrate when they may need maintenance.

Regular maintenance should solve most of these problems and prevent the need for costly repairs later.

Tire Failure

The condition of a vehicle’s tires is important no matter how big or small the vehicle is. However, the health of a commercial truck’s tires is vital to the safety of those drivers sharing the road with commercial trucks.

Tires often fail because they are underinflated, or the treads are worn down too far. If a tire is underinflated, it may be more likely to blowout. Simply hitting an object could cause the tire to fail if it is not properly inflated.

Worn or uneven treads can make a commercial truck harder to control. Sometimes uneven treads are created by underinflation or overinflation, poor alignment or mismatched tires.

One of the many benefits of hiring a licensed attorney to represent your case is he or she can investigate maintenance issues with the commercial truck that caused your crash. He or she can obtain maintenance records and review state and federal regulations to determine if any may have been violated.

Why Do These Issues Regularly Come Up?

When you consider the danger maintenance issues may create, you may be asking why so many drivers and trucking companies seem to let things go.

The problem is that companies and drivers are under immense pressure to meet tight deadlines. That often results in violations of federal or state laws. Drivers may let some things slide because they need to make a deadline.

As these issues are quite common, they may have contributed to your crash. That is why the crash needs to be thoroughly investigated to assess why it occurred and who may be liable.

Injured in a Truck Crash? You May Have Legal Options

TSR Injury Law is prepared to help truck crash victims seek full compensation for their injuries. Our initial consultations are free of charge and come with no legal obligations. That means there is no risk in contacting our firm to discuss the crash.

For more than 20 years, we have been advocating for those injured in crashes. Our firm has secured over a billion in compensation on behalf of our clients.

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

Crash victims may think there are only two ways to recover compensation: file an insurance claim or file a lawsuit. However, there is also arbitration, which is a quicker and less expensive process compared to a lawsuit.

There are several things you need to know about this process, including the qualifications of arbitrators, the process involved, how long arbitration may take to complete, and how to prepare.

Below, the experienced Minneapolis-based car accident lawyers at TSR Injury Law discuss these issues. If the insurance company has undervalued your claim, give us a call to discuss the situation in a free legal consultation. We may be able to help you pursue full compensation.

In one case decided by a panel of arbitrators, TSR Partner Rich Ruohonen was able to secure more than $3 million on behalf of the victim of a semi-truck crash on highway 94.

Mandatory Arbitration of No-Fault Claims in Minnesota

Minnesota is a no-fault state, which means car crash victims usually turn to their own insurance policies to recover compensation for medical expenses, replacement services and lost wages.

Under state law, when a respondent (the insurance company) denies a no-fault claim, the respondent (injured party) must tell the claimant of his or her right to demand mandatory arbitration. This only applies to claims of $10,000 or less.

For claims worth more than $10,000 at the time arbitration begins, the insurance company can tell the claimant whether it is willing to submit to arbitration.

How the Process Starts

Things usually start with the victim’s attorney filing a Petition for No-Fault Arbitration with the American Arbitration Association (AAA). This can be done after a claim has been denied or if you do not receive compensation within 30 days of filing your claim.

The AAA sends a list of four arbitrators to both parties. These arbitrators are randomly selected. Your attorney and the insurance company may cross one arbitrator a piece off the list. They rank the other arbitrators in their preferred order. The AAA then chooses from the arbitrators left on the list.

It is important to note arbitrators are bound by a code of ethics that requires them to disclose relationships that might make them biased in favor of one party.

If an arbitrator accepts the appointment, a hearing will be scheduled on a date that is mutually agreed upon. The hearing usually occurs within four to six months. That way both sides have time to prepare.

Typically, the hearing occurs in the arbitrator’s office, a AAA office or another place that is agreed upon by both parties.  Zoom is often the new mode of meeting with Covid.

Preparing for the Hearing

Both sides can share information, but they are not required to share as much as they would in a lawsuit. That said, the insurance company is entitled to the following information:

• Medical reports
• Medical authorizations directed to all medical providers the claimant consulted with in the seven years before the crash
• Employment records and authorizations for the two years before the crash if wage loss is in dispute
• Supporting documents that are required under the No-Fault Arbitration Rule
• Other exhibits that will be offered at the hearing

Your attorney can meet with you to help prepare your testimony. You should be prepared to discuss your injuries and the symptoms you are experiencing. Explain how they may have changed over time and some of the ways these symptoms impact your daily activities.

What Happens at the Hearing?

These hearings are informal – each party gets the chance to present its case and the arbitrator is free to ask questions. The arbitrator will also consider evidence that is presented, including statements from witnesses, medical records and other evidence that would be admissible in court.

Once both sides have presented their cases, the arbitrator will ask both parties if they have anything else to present. If they do not, the arbitrator will declare the hearing closed. After that, the arbitrator has 30 days to determine if compensation will be awarded and how much.

Arbitration in Non-No-Fault Claim in Minnesota

Injury claims usually resolve by settlement or a jury trial.  A third option is binding arbitration.  Instead of the time and expense of a jury trial, the plaintiff and defense attorney each agree to binging arbitration.  Each side picks an arbitrator, and the two chosen arbitrators pick a third neutral.  The three together will listen to evidence presented and at least two of them will have to agree on a verdict.

The actual hearing is similar to a fast trial.  Witnesses testify, exhibits are shown and the respective attorneys present opening and closing arguments.  The advantages are speed of getting to the hearing date and cost.  A trial date may be a year after a lawsuit is filed and can cost $10,000 to $250,000.00 in costs for experts, depositions and other trial costs.  An arbitration can often be presented for a few thousand dollars and the three arbitrators have years of experience in the personal injury filed so they can quickly process evidence, provide a hearing date months after agreement and a “verdict” is rendered quickly.

Injured in a Crash? We Are Here to Help

We know you may have many questions about what to do after a crash. That is why we offer a free legal consultation to discuss your situation. There is no obligation to take legal action after meeting with us. We do not charge upfront fees for our services and are only paid if you get paid.

Call today for assistance. (612) TSR-TIME

You may think you have a strong argument for why an insurance company should provide compensation after a car crash. However, insurance companies are known to deny claims that seem perfectly legitimate.

It is important to keep this in mind: as a for-profit business, insurance companies are looking out for their best interests, not yours. When they can find a valid reason to not pay out on a claim, or at the very least reduce the value, it protects their bottom line.

Below, review some of the most common denial decisions policyholders receive. If you are suspicious of the denial reasons the insurance company gave you, call TSR Injury Law to schedule a free consultation.

‘You Waited Too Long to Report the Crash’

You should always call the police immediately after a car crash, even if you think your injuries are not that serious. They could get worse over the next few days. When you call the police, an officer will be sent to the scene to investigate and complete a report that serves as an official record of the crash.

Without a police report, it may be difficult to recover compensation, and the insurance company may try to use this against you. They may claim you were not injured in the collision and are seeking compensation for an unrelated injury. “How bad could it have been?” is a common defense when the police are not called.

Not only is it a good idea to call the police, sometimes the state requires it by law. If the crash caused injuries or property damage of $1,000 or more, you must report it to the police within 10 days. Some auto insurance policies also require a police report. This is especially true for uninsured motorist claims.  Insurance companies assume fraud when their insured’s claim an uninsured motorist hit them. A police report is the best way to protect yourself from later accusations of fault and fraud.

‘You Did Not Get Medical Treatment Soon Enough’

The insurance company is looking for some way to attack your credibility. If you wait to seek treatment, they are likely to say your injury is unrelated to the crash. They are only financially responsible for injuries that happened during a collision or where a direct cause from the crash.

You may think your injuries are not that bad and should heal on their own over a few days or a week. However, you need qualified medical professionals to examine you to determine the type and severity of injuries you may have suffered. Car crash injuries are often much worse than victims realize.

There are multiple reasons to always see a doctor and get checked out. On the human side, if you wait to go to the doctor, your injuries could get worse. They could take longer to heal and affect you for a longer period than they might have if you had sought treatment sooner. Even if the doctor confirms your injuries are not very serious, you can receive the care you need and likely recover more quickly.

On the legal side, the longer you wait to document your related injuries, the harder it is to prove they were the direct result of a crash.

‘You Were Breaking Traffic Laws at the Time of the Crash’

Breaking a traffic law could mean you are at least partially to blame for a crash. However, you are still able to seek compensation from your no-fault coverage. You can be 100 percent at fault for a crash and still be entitled to all your medical and wage loss benefits.

Your own fault for the car crash may affect your ability to seek compensation for pain, suffering or property damage from another involved vehicle, but only if you are more than 50 percent at fault. In other words, you may be partially at fault, but still have a valid claim. Insurance companies often argue if you are at fault there is nothing they can do. This is not true.

Even if fault is an issue, sometimes traffic citations are unrelated to the crash. For example, drunk driving is likely connected to the crash, but driving without a license is not related to the cause of the crash and is irrelevant when determining fault and what an insurance company owes you.

‘You Missed a Premium Payment’

Make sure to pay your insurance premiums on time. You may need to double check that a payment went through online or that your insurer received a check in the mail. Insurance companies will check for missed policy payments as a reason to avoid paying compensation for a claim. While most insurers allow a grace period after your due date, it is risky to pay late. Some insurance companies may purposely delay depositing your payment, causing it to miss the final deadline and your policy to lapse.  Minnesota requires written notice from an insurance company to cancel a policy for non-payment.

However, even if a payment was late, and you actually lose coverage on your vehicle, they are many ways to still have a valid claim against another at fault driver. An attorney may still be able to help you recover compensation. Each case is different, so it is important to review your options with an experienced lawyer.

If you have questions about the denial of your claim, do not hesitate to give our firm a call. We have helped many crash victims and we are prepared to go to court if necessary.

TSR Injury Law is Here to Help. Call Today

Car crash victims often have many questions about what to do next. That is why contacting an experienced Bloomington auto accident lawyer can be an important step.

You may think recovering the compensation you need should be relatively easy. However, the recovery process is often more complicated than many drivers realize. Insurance companies know how to take advantage of crash victims.

For more than 20 years, TSR Injury Law has been recovering compensation for injured victims. We have obtained millions and we know how to protect the full value of a claim.

No Upfront Fees. Call today: (612) TSR-TIME.