How Long Do I Have to Claim an Injury After a Car Crash?

Car crashes that do not result in significant damage to your vehicle can still cause you to suffer significant injuries. However, you may not notice symptoms immediately after the crash. Unfortunately, crash victims in this situation may delay seeking medical attention or filing an injury claim with their insurance company. However, is this a bad idea? Do you still have time to file for damages?

The short answer is that you still have time to file a claim, but it will be a lot harder to prove you have a case than if you had filed right away. For one, the insurance company will use the delay against you. They will argue that if you were truly injured, you would have gotten medical care immediately after the crash. Alternatively, they may say that if you were hurt, it happened elsewhere and was caused by something besides the crash.

Another factor that could complicate your ability to claim your injury is if you talked to the insurance company right after the crash. Did you tell them were not injured? Did you say you felt OK? If so, they will likely use these words against you.

While your lawyer may still be able to obtain compensation, statements like this could present a significant obstacle.

What Is the Deadline for Filing a Car Crash Claim?

Your insurance company likely has a deadline for filing a claim, and if you miss it you may lose the right to do so. That is why it is important to contact a Minneapolis car accident lawyer right away to determine if you may be eligible for compensation.

In addition to the basic setting up a claim, there are also legal deadline requirements to file a lawsuit on injury claims. Statute of limitations vary by state and also by type of claim. The SOL can be as short as  two years from the date of the crash. Even though most car crash claims are resolved through an insurance settlement, sometimes your lawyer may need to take the insurance company to court to pursue maximum compensation.

By contacting a lawyer right away, he or she can determine if you may have a case and get to work gathering evidence. You want to give your lawyer enough time to prepare to file a lawsuit if it becomes necessary.

What Is the Risk If I Wait to File a Car Crash Claim?

Not only could you pass the deadline for filing a claim, you could be giving the insurance company and at-fault party a strong reason to deny or devalue your claim.

After a car crash, insurance companies and at-fault parties are always looking for some way to attack your credibility. If there is a significant gap in time (more than a day or two) between the crash and you filing a claim, they may say you are just trying to get money and are not significantly injured.

They are especially likely to use these arguments if you did not seek treatment for weeks or months after the crash. The burden of proof for linking an injury to a crash is on the victim. It can be very difficult to establish this connection if your injuries were diagnosed a week or a month after your crash.

It is never a bad idea to go to the hospital or urgent care after a car crash. A licensed medical professional can look you over and run tests to help determine if any injuries occurred.

It may take more time for significant injuries to develop, but by seeking treatment quickly, you are documenting your initial pains that later can be linked to the crash. You are also helping to make it that much harder for insurance companies and at-fault parties to dispute your intention for filing a claim or attack your credibility.

What Statements Should I Give the Insurance Company?

It is best to keep your statements to the insurance company brief. You may not think you are seriously injured, but that may change in the future. You want to leave yourself room to maneuver if you begin experiencing symptoms. That means avoiding definitive statements about your condition, as these statements could soon prove to be inaccurate.  The number one rule is to speak to an attorney before ever giving an insurance statement.

TSR Injury Law is Here to Help. Call Us Today.

If you have any questions about your claim or the legal process, give us a call today. We are here to help crash victims, including assessing whether you may have a valid claim for compensation.

There is no risk in contacting us because we do not charge for an initial consultation and you are not required to hire us if we find you have a case. In fact, our attorneys are not paid to represent you unless we obtain compensation for your damages.

Read our testimonials page to see what our clients have to say about the representation we provided them.

Call TSR Injury Law. No upfront fees. (612) TSR-TIME.

Partner Rich Ruohonen Helps Secure $260,000 for Uninsured Motorist Claim After Three-Day Trial

lawyer with client near escalatorEarlier this month, Partner Rich Ruohonen had a three-day trial in Hennepin County. This was the first civil trial in the State of Minnesota during the COVID-19 pandemic. It was different – plexiglass was everywhere, masks were mandatory, and jurors were sitting spread out around the courtroom and forced to stand behind the podium. We all felt safe with the precautions taken but it was weird! TSR continues to be a great leader in our civil justice system!

Rich and his client Sarah crushed the Good Neighbor (State Farm) for $260,000, 26 times the offer made. This was an uninsured motorist claim, so it was a direct claim against her own insurance company State Farm. You do not get Jake from State Farm when you file a claim with State Farm. Instead, they call you a liar, they tell you that you are not hurt or if you were it was only for six weeks, they say it was all preexisting and then they pay a lot of money to hire a doctor to say the same thing. So, sometimes you have to let the people of your community speak. And they did, and did it loudly with masks on. They told State Farm the way it treated its own customer was not acceptable.

A special thanks to our jurors who braved the pandemic to dish out justice and be the good neighbor State Farm refused to be! You are all great citizens!

How do You Pay Your Medical Bills While Your Attorney is Pursuing Compensation?

Current image: Bills Stacked on Top of Each Other Social

The goal of a personal injury claim is to recover compensation for the damages suffered by the victim. A large percentage of those damages are the medical bills for treatment of your injuries. If your claim is successful, and your lawyer pursues full compensation, your past bills will be paid off and your future bills accounted for.

However, compensation will not be paid out until the legal process concludes, either through an out-of-court settlement or a jury verdict. Hospitals and doctor’s offices expect payment at time of their services. Many accident victims do not have the ability to pay bills upfront.

However, there are ways to pay these bills or at least keep hospitals and debt collectors off your back until you receive compensation from your claim.

TSR Injury Law’s Minneapolis personal injury lawyers have extensive experience with these claims. We are here to help during this difficult time. That includes helping you figure out how to deal with medical bills while we pursue compensation on your behalf.

Insurance Coverage to Fall Back on

One of the advantages to Minnesota being a “no-fault state” is car crash victims turn to their own insurance for coverage of their medical bills and wage loss no matter who was at fault. However, if your bills exceed your personal injury protection coverage limits, your lawyer can assist with submitting the excess bills to your private or state health insurance.

Unfortunately, if you were injured in an accident that did not involve your car, it is unlikely you will have insurance coverage to provide compensation right away. That means you will need to figure out how to pay your bills while your attorney pursues compensation.

Health Insurance

As mentioned above, if you have health insurance, you may be able to use it to cover medical expenses if there is no PIP coverage (like a trip and fall, motorcycle crash or dog attack situation) or if the PIP coverage runs out in a car crash.

Keep in mind, you will be responsible for any deductibles in your policy. A deductible is a set amount of money you must pay before your insurance coverage kicks in. Coverage will also be limited by the terms of the policy, so some treatments may not be covered. You may also need to make sure you are treated by doctors in a specific healthcare network.

Even if your health insurance does cover medical bills, the law may require repayment pursuant to subrogation.  Subrogation is when your health insurance seeks repayment from the injured party’s bodily injury claim.

Medicare or Medicaid

If you are covered by Medicare or Medicaid, you may be able to use this coverage to pay your medical bills. However, the federal government will also request subrogation reimbursement if you receive a settlement.  MA and Medicare use different formulas for subrogation.  Your attorney will maximize the formula to reduce the amount of the settlement the health carrier takes back.

Agreements with Hospitals

One of the benefits of working with a licensed attorney is that he or she may be able to help you reach an agreement with a hospital or doctor’s office to hold off on trying to collect payment. This not only buys you time, it prevents the health care provider from sending your debt to collections, which will harm your credit score.

While you could attempt to reach an agreement on your own, the health care provider may take things much more seriously if an attorney is advocating on your behalf. Hospitals and other medical facilities are often more than willing to negotiate a plan for payment.

Absent an agreement to hold off on collecting payment, you could try to agree on a payment plan with the facility. However, you need to make sure you can afford to make monthly payments, because if you miss one, the deal may be off.

What About Putting Expenses on a Credit Card?

If you have a credit card, you may think this is a perfect time to use it to get the hospital off your back. However, a payment plan with the hospital will not include interest payments, unlike a credit card. If you are late on credit card payments it will hurt your credit score.

Have Legal Questions? Call TSR Injury Law Today

If you were injured because of someone else, TSR Injury Law is here to help. Give us a call to schedule a free legal consultation so we can learn more about your situation. If we validate your claim, and you hire us, we are prepared to pursue maximum compensation on your behalf.

We are not paid unless we obtain compensation for your damages. There is no risk in contacting our firm to learn more about how we may be able to help you.

Phone: (612) TSR-TIME. No upfront fees.

Can Minnesota Car Insurers Deny Coverage Over Fraud When You Obtained the Policy?

claim form for auto insuranceIs a car insurance company legally allowed to cancel a policy and deny coverage based on allegations the policyholder committed fraud when he or she obtained the policy?

You may be surprised to learn the answer is likely “no” in the state of Minnesota, thanks to the frozen liability rule in the No-Fault Automobile Insurance Act. Below, learn more about this rule and how it could apply when a crash victim files a claim.

If you are struggling to obtain compensation from your car insurance company, or they have claimed you obtained the policy fraudulently, TSR Injury Law is here to help. Give us a call today to schedule a free consultation. We may be able to help and there are no upfront fees for our services. We do not get paid unless you receive compensation at the end of the legal process.

Minnesota’s Frozen Liability Rule

Minnesota’s No-Fault Automobile Insurance Act has a section that has been referred to as a frozen liability statute. According to the statute (65B.49 Subdivision 3. (3)(a)):

Insurance carriers have absolute liability for any injury or damage that is covered by the policy. Absolute liability is not waived based on statements made by or on behalf of the policyholder. Nothing the policyholder said or did before or after the crash, including fraudulent statements, could void the policy.

For example, if you said you would be the sole operator of your vehicle when you bought your policy, but then allowed someone else to operate it, the insurer may claim fraud. However, you should still be eligible for coverage after a crash.

However, it is important to note, the law only requires insurance companies to pay statutorily required minimum coverage. If you purchased $100,000 in personal injury protection, you would only be able to obtain $30,000, because that is the minimum required by law. The insurance policy itself may contain a fraud exclusion that limits your coverage – however, sometimes parts of insurance policies can be successfully challenged in a courtroom.

The frozen liability rule is consistent with legislators’ public policy interest in crash victims having a source of compensation. Allowing insurers to rescind coverage would almost defeat the purpose of minimum coverage requirements.

Is There an Argument for Obtaining Full Coverage?

This is a question you should discuss with a licensed Bloomington auto accident lawyer, as this is a complex issue. If you were in a serious crash, the cost of treating your injuries may very well exceed the minimum coverage limits. If the insurance policy will not cover those damages, you may have to pay them out of your own pocket.

You should seek out an experienced attorney for help, as he or she is more likely to be familiar with recent cases where this issue has come up, or he or she will have the resources and/or staff to research similar situations to see how they may help with your case.

At TSR Injury Law, we have obtained over a billion on behalf of our clients, including millions for car crash victims. We have taken on a wide variety of car crash cases and have extensive knowledge of relevant laws.

We are ready to aggressively work to hold insurance companies accountable and try to obtain maximum compensation for your damages. We are fully prepared to go to court to attempt to recover the compensation you need, unlike some attorneys who may be unable or unwilling to say that. It is important to be represented by an attorney with the resources and knowledge to fight for full compensation on your behalf.

Need Legal Help? Give TSR a Call Today

Crash victims could greatly benefit from a meeting with a licensed attorney. At TSR, this initial meeting is free and there is no obligation to hire our firm. We take cases on contingency, which means there are no attorney fees unless you receive compensation.

Learn more by calling (612) TSR-TIME. We are here to help.

Can I Seek Compensation After a No-Contact Car Crash?

driver jerking steering wheelCar crashes are almost always started by one vehicle hitting another one. Often, the driver who crashed into the other car is found at fault for the accident.

Sometimes, a car accident is not caused by a collision. If another driver brakes or changes lanes unexpectedly, you may swerve or brake to avoid hitting that car. If your reaction causes you to crash into another car, or a car collides with you, you have just been in a no-contact car crash. There are many other examples of no-contact car accidents.

No-contact crashes usually do not occur without the negligence of another driver, even though that driver did not hit your vehicle. However, you could also get into an accident because of a defective part or negligent repair work. In those types of cases, you may have grounds for a product liability claim against a product manufacturer or a negligence claim against the mechanic.

Much like victims of hit-and-run accidents, victims of no-contact crashes may wonder if they can pursue compensation for their injuries and other losses. The answer to this question is based on various factors, which you should discuss with your Bloomington car accident lawyer. The initial consultation with an attorney from TSR is free.

Causes of No-Contact Crashes

There are many reasons a no-contact crash could occur. Here are some of the most common:

  • A driver cuts you off and you make an evasive maneuver only to hit a third vehicle
  • A driver changes lanes without signaling, forcing you to maneuver out of the way
  • You get run off the road or into another vehicle when someone changes lanes without looking
  • A left-turning driver cuts across your path, forcing you to swerve to avoid a crash, only to collide with someone else
  • The driver in the car directly in front of you stops suddenly and you get in an accident while trying to move out of the way
  • You are in the lane of merging traffic when another driver, who is not paying attention, is about to sideswipe you. You slow down, but get rear-ended

No-contact crashes may also involve fixed objects, and not just other vehicles. For example, you could maneuver to avoid a collision and hit a tree or a road sign. You could also hit a concrete light post.

Often, the driver who caused you to crash is unaware of what happened. This person is likely to just keep on driving without looking back. That is why these drivers are sometimes referred to as phantom drivers, because they essentially disappear after the crash happens.

Filing a No-Contact Car Crash Claim

Sometimes other drivers realize they contributed to a collision and they stop at the scene. If this happens, you may be able to file a claim the same way you would for any other type of crash. Minnesota is a no-fault state so you would turn to your personal injury protection coverage to pay for medical expenses, lost wages and replacement services.

Minnesota also requires drivers to purchase uninsured motorist coverage in case they are involved in an accident with a driver who lacks insurance. This coverage can also be used for a hit-and-run collision since a no-contact crash is considered a type of hit-and-run crash. However, it does not cover damage to your vehicle.

Steps After the Crash

Make sure to call the police at the scene so they can investigate and complete a report. They may also be able to locate the driver if you can provide a description of the driver and/or the vehicle he or she was in. Immediately after the crash, jot down what you remember about the vehicle that instigated the crash before you forget, particularly the license plate of the vehicle. Some insurance companies have disclaimers that if you do not call the police and make a report you cannot make an uninsured motorist claim.

Ask for the contact information of any witnesses at the scene. You can also record your conversation with them, with their permission of course.

Our attorneys can talk to the insurance company on your behalf. However, if they may contact you before you talk to a lawyer, it is important to be very careful with what you say. They are likely to ask you to describe what happened, and certain things you say could make it sound like you are to blame for what happened.

Avoid statements like:

  • “I should have…”
  • “I did not see him until the last second.”
  • “I was following a little too closely…”
  • “I was tired.”
  • “I was in a rush.”

While some of these statements may be true, they may have no bearing on the crash. The attorneys at TSR Injury Law are focused on your best interests. The information we discuss is confidential, which means the insurance company cannot gain access to it.

If you make statements like the ones above to the insurance company, they will likely try to pin the crash on you, or at least say you are partially to blame.

Our attorneys are committed to ensuring you are not assigned more fault than you deserve. Any fault you are assigned reduces the value of any settlement you may be awarded.

Injured in a No-Contact Crash? We are Here to Help

Our experienced attorneys have extensive knowledge of Minnesota laws that apply to no-contact car crashes, including laws on insurance coverage and partial fault for an injury.

We are prepared to help you pursue maximum compensation and determine if you have a valid claim when you meet with us for your initial consultation. This meeting is free and there is no obligation for you to take legal action.

TSR has a proven track record of recovering compensation for car crash victims.

Need help? Give us a call today. (612) TSR-TIME

How Do Personal Injury Claims Involving Children Differ?

boy with arm wrapped upDespite everything you do to prevent your child from suffering an injury, it could still happen.  Unfortunately, these injuries are often the result of someone else’s negligence, such as the other driver in a car crash, a school bus driver, teacher or the owner of a pool.

If you think your child’s injury could have been prevented, you should call a licensed attorney to find out if compensation may be available.  For example, you may be able to recover compensation for the cost of treating your child’s injuries, including future medical treatment.

Below, learn more about how personal injury claims involving children differ from those involving adults, including how compensation is paid out and how these claims are filed.

TSR Injury Law offers a free legal consultation to discuss your child’s injury.  We take these and other types of personal injury cases on contingency, which means no upfront fees for representing you.

Filing a Claim on Behalf of a Child

Generally, if a minor/child has a valid personal injury claim against someone else, his or her parent or legal guardian must file it on his or her behalf.  The parent or legal guardian has the authority to take the necessary steps to pursue compensation, including hiring an attorney who can negotiate a settlement or even file a lawsuit, if necessary.

You may be able to seek compensation for your child’s medical bills, rehabilitation expenses, pain and suffering, and potentially future lost wages and income.  For example, if your child suffers a life-changing injury, he or she may lose career opportunities because of physical or mental limitations.  Your child may also need disability accommodations for school, and you may be able to recover these expenses on behalf of your child.

Settlements Must Be Approved by the Court

If your Bloomington personal injury lawyer negotiates a settlement, it must be approved by the court.  Even if everyone agrees a settlement is fair, the Judge has the final say.  This law is in place to help protect the child’s best interests, as children could be pressured or influenced by their parents, insurance companies or their attorney.  The other reason for court approval of settlements is that minors are not able to enter legally binding contracts.

How Are Settlement Proceeds Distributed?

If your claim is successful, and the court approves the settlement, the funds will be invested for the child.  A certificate of deposit may be purchased at a bank or a qualified assignment might be used to place the funds in an annuity.  No matter what, the child will not be able to access these funds until he or she turns 18 (or older if the terms of the annuity are set up differently).  The only way to obtain the funds before the child turns 18 is through a court order.  Banks and annuities must have A-plus ratings before the Judge would allow the funds to be deposited.  Rate of return often takes a back seat to security of return.

Once the child turns 18 (or the age planned for in the annuity), the funds belong to the child, and they are his or hers to do with as he or she pleases.  Parents often are concerned an 18-year-old is no longer a child but might not make the best financial decisions.  The decision to use a CD or annuity is part of the legal consultation.  There are also tax consequences depending on which plan is used.

Types of Personal Injury Claims Filed on Behalf of Children

There are many different situations when parents may have grounds to pursue compensation on their child’s behalf.

For example, your child may be eligible for compensation for injuries suffered in a:

  • Car crash
  • Slip and fall accident on another’s property
  • Swimming pool accident
  • Defective product accident
  • Boating accident
  • Dog bite
  • Daycare abuse incident
  • Medical malpractice incident

Children are more susceptible to serious injuries than adults, particularly with something like a dog bite/attack or daycare abuse.  The injuries your child suffers could take a long time to heal, and sometimes children never completely recover.

TSR Injury Law is here to help you during this difficult time.  We represent injury victims throughout Minnesota and have a proven track record of success.

Need Legal Help? Call Today to See How We Could Help

We know how stressful it can be when a child is injured because of another’s negligence.  Talking to a lawyer can be an important step in the recovery process.

However, you want to talk to a lawyer with experience and a history of recovering compensation.  At TSR Injury Law, we have obtained over a billion on behalf of our personal injury clients.

There is no risk in contacting us, as the initial consultation is free, and you are not obligated to hire our firm.  We also do not charge attorney fees unless we are successful in recovering compensation for you.

We are here to answer your questions. Phone: (612) TSR-TIME

How Much Do You Know About Your Car Insurance Policy?

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If someone asked you about the amount of coverage your car insurance may provide if you file a claim, how many details could you provide?  Would you know the different coverages you have available?

Unfortunately, most policyholders remember very little about what is written in their insurance policy.  After buying the policy, they may not take another look at it until they need to file a claim after a crash.  Even then they may just take the insurance company’s word for it about the coverage in their insurance policy and not check for themselves.

This is one of the reasons it is so important to hire a qualified lawyer to help you seek compensation.  The Minneapolis car crash lawyers at TSR Injury Law have decades of combined experience and a proven track record.  We have obtained over a billion in compensation for our clients.

What Drivers Know and Do Not Know About Car Insurance

In October 2017, The Zebra published a survey of 1,165 car insurance customers to assess how much they knew about their insurance policies.  Even though 81 percent of respondents think they have the insurance they need, few respondents were able to correctly identify common types of coverage.

In fact, nearly 45 percent of respondents did not know what coverage applies to a crash with another driver who does not have insurance.  The answer is: uninsured motorist coverage.

Just 35 percent of drivers knew damage to their vehicle may be covered by the at-fault driver’s liability coverage.

When asked about the purpose of car insurance, only 5.2 percent of respondents said the purpose was to pay their medical bills if they were injured in a crash.  Another 23 percent said their insurance would pay the other driver’s bills if they cause the other driver injury or property damage.

What Should You Know When Filing a Crash Claim?

It is important to know what your insurance covers and the limits of those coverages when filing a claim.  That way you know when the insurance company is being honest about whether damages are covered and whether your damages are less than or more than your coverage limits.

For example, as Minnesota is a no-fault state, you are required to have personal injury protection (PIP) coverage to pay for your own medical and wage loss damages from the crash.  This coverage applies regardless of who is at fault.  You should know how much PIP coverage you have.  You should know if you have “stacked” PIP coverage.

Knowing what is in your policy is particularly important if your claim is complicated.  For example, claims involving at-fault drivers who do not have insurance, or do not have enough insurance, are often difficult.

The more complex the claim, the more important it is to hire an experienced lawyer to represent you.  He or she can review your policy and deal with the insurance company on your behalf.  Our goal is to recover maximum compensation and hold the insurance company to the terms of your policy.

Reviewing Your Insurance Policy

People often learn a lot about car insurance when they are shopping for a policy and when they pick one.  However, once they start paying premiums, they may not look at their policy again until they need to file a claim.  Even if they do look at it, they may not understand what is in it.

Remember, you can always call the insurance company to ask for more information about your insurance policy, even if you are not filing a claim.  You can even ask about the factors involved in setting rates and ways to save money on your policy.

If you want to increase your coverage, you will likely increase your premiums.  However, you can increase your deductible to help lower your premiums.  The deductible is the amount you are required to pay before your insurance coverage kicks in.  Deductibles can be for collision coverage or even the wage and medical coverages.  Some police even have “drop down” provision that give less coverage to your family if they are in the vehicle with you.  Agents do not always even know these exist.

TSR Injury Law is Here to Help. Call Today.

We have helped many car crash victims pursue compensation for medical expenses and other damages.  We have successfully recovered millions on their behalf and are ready to help you.

You can get answers to your legal questions and learn more about the services we provide in a free initial consultation.  If we validate your case and you hire one of our attorneys, we are prepared to guide you through the legal process.  This means dealing with the insurance company on your behalf and pursuing full compensation, up to the limits of the insurance policies involved.

TSR Injury Law. No Upfront Fees. Ph: (612) TSR-TIME.

Have Self-Driving Cars Become Safer Than Cars Driven by People?

It may seem inevitable that cars driven by human beings will be phased out and replaced by self-driving vehicles.  How quickly will this happen?  That depends on many factors, particularly how safe self-driving cars are.

The goal with self-driving vehicles is to make them not just as safe as, but safer than cars driven by people.  Unfortunately, drivers are not that safe, as they are prone to distractions, drowsy driving, drunk driving, texting, speeding and other forms of negligence or recklessness.

Below, learn more about how safe self-driving cars have become, not just how well they sense and avoid hazards, but also the risks that still need to be addressed.

What Does the Research Say?

By 2018, self-driving cars had already gone through millions of miles of road tests.  These tests have shown there is great potential for self-driving vehicles to be safer than cars driven by human beings.

The idea behind these automated vehicles is that they are intended to avoid the mistakes and recklessness of human drivers, such as disobeying traffic laws, speeding or drifting out of a lane.  Some research has shown self-driving cars do a good job detecting other vehicles and obstacles.

However, self-driving vehicles often struggle to detect pedestrians.  Weather conditions also present added difficulty for safety.  Heavy rainfall, snowfall, ice and other inclement weather cause major problems with self-driving vehicle sensors.  It is fair to say that a self-driving car in Minnesota would not be as safe as one in Texas just based on weather.  Unfortunately, it can be easy to fool self-driving cars, possibly resulting in a dangerous crash.

Tesla Autopilot Accidents

While there are no fully autonomous vehicles on our nation’s roads, some Tesla models have an Autopilot feature that makes them semi-autonomous.  In some ways, semi-autonomous is even more dangerous than fully autonomous technology.  Driver’s get a false sense of security and do not pay attention.  Unfortunately, as of January 2020, there had been three fatal crashes involving Tesla vehicles with the Autopilot feature engaged.  For example, in March 2019, a Tesla Model 3 crashed into a truck towing a trailer and the roof of the car was sheared off.  Neither the driver nor the Autopilot took action to try to avoid the crash.

AAA Study

Many vehicle manufacturers besides Tesla have active driver assistance systems that manage acceleration, braking and steering.  A study recently released by AAA found these systems experienced some type of problem every eight miles, such as:

  • Trouble staying in the same lane (this accounted for about three-quarters of the errors)
  • Drifting too close to vehicles
  • Drifting too close to guardrails
  • Disengaging with little notice

Researchers studied 4,000 miles of real world driving to determine what the problems were. The vehicles included in the study were:

  • 2019 BMW X7 with Active Driving Assistant Professional
  • 2019 Cadillac CT6 with Super Cruise
  • 2019 Ford Edge with Ford Co-Pilot360
  • 2020 Kia Telluride with Highway Driving Assist
  • 2020 Subaru Outback with EyeSight Suite

Who can be Held Liable for a Self-Driving Car Crash?

As there are no fully autonomous vehicles on the road, the more relevant question is whether a vehicle manufacturer can be held liable for problems with features that assist drivers.  While each situation is unique, it may be difficult to hold a manufacturer liable, as drivers are still supposed to be paying attention, even while autonomous features are engaged.  One of the biggest issues with the current state of “self-driving” cars is that they do not actually self-drive.  Maybe they assist, but when the driver has a false sense of autonomy, the driver does not pay attention and crashes happen.  There are many videos of drivers sleeping or watching a movie in a “self-driving” car.  Until vehicles are 100 percent truly self-driving, the drivers need to pay attention as if there they were driving a regular vehicle.

If you were injured in a crash while autonomous features were engaged, you should strongly consider meeting with an experienced Bloomington car accident attorney to discuss legal options.  We know how to determine liability and whether you may have a valid claim.

Call Today to Schedule a Free Legal Consultation

If you or a loved one was injured in a car crash, you could greatly benefit from talking to a licensed attorney about your potential legal options.  The attorneys at TSR Injury Law have obtained millions in compensation on behalf of car crash victims.

The consultation with one of our licensed attorneys is completely free of charge, with no obligation for you to hire our firm.  If we find you have a valid case and you hire us to represent you, there are no upfront fees for our services.  We do not get paid unless you get paid.  That means there is no risk in contacting us to discuss your crash.

Have questions? Call (612) TSR-TIME today.

Can You Pursue Punitive Damages in a Personal Injury Claim?

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Most personal injury claims are based on the legal theory of negligence, which means one party failed to uphold a duty of care and this breach resulted in an injury to someone else.

However, sometimes an at-fault party’s negligence is particularly egregious.  For example, drinking and driving is an extreme form of negligence.  When things like this happen, the victim may be able to pursue punitive damages.

Below, learn more about what punitive damages are, when they may be available, and how you can get more answers to these and other legal questions in a free consultation with a licensed attorney.

Minnesota Law on Punitive Damages

State law explains when personal injury victims may be able to pursue punitive damages.  They are only available when there is clear and convincing evidence that the at-fault party’s actions showed intentional disregard for the safety or rights of others.

There are two ways to prove someone acted with this level of willful disregard:

  • The at-fault party acted deliberately with conscious or intentional disregard for the high probability of others being injured
  • The at-fault party deliberately acted with indifference to the high probability of injury to the rights or safety or others

These damages are meant to punish the at-fault party and hopefully deter others from engaging in the same kind of behavior in the future.  They are not connected to the out-of-pocket costs or other losses suffered by the victim.

Types of Claims Where Punitive Damages May be Available

There is obviously room for interpretation on what something like conscious or intentional disregard for another’s safety means.

However, there are certain types of claims where punitive damages are often awarded:

  • Drunk-driving crashes
  • Defective product claims, particularly class action lawsuits
  • Medical malpractice cases where the victim is severely or permanently injured
  • Wrongful death cases

If you have reason to believe the at-fault party was intentionally negligent, or your injuries resulted from criminal behavior, we strongly recommend that you discuss your situation with a qualified attorney.

Our Bloomington personal injury lawyers know how to determine if punitive damages may be available and how to include them in your claim.

At TSR Injury Law, we work hard to obtain maximum compensation on behalf of our injured clients.  We are committed to holding the at-fault party financially responsible, especially under circumstances where he or she exhibited behavior that was willfully reckless or grossly negligent.

How Much are Punitive Damages Worth?

According to state law, the value of a punitive damages award is based on the factors that “justly bear upon the purpose of punitive damages”.  This may include things like:

  • Seriousness of the hazard to the public
  • Profitability of the misconduct
  • Whether the negligent conduct was concealed
  • How long the misconduct went on

Once a determination is made about your eligibility for compensatory damages, there will be a separate proceeding to determine if punitive damages may be also available.

The judge makes the determination about whether punitive damages will be awarded in a case.  There are no limits under state law regarding the amount of punitive damages that may be awarded.

Call TSR Injury Law to Discuss Your Claim

Meeting with one of our attorneys after an injury can be an important step to take as you consider your legal options.  Our firm has obtained over a billion in compensation on behalf of Minnesota personal injury victims.

The initial legal consultation is free and comes with no obligation to take legal action.  That means there is no risk to you in meeting with us to find out how we may be able to help you.  Read our testimonials page to see what our clients have to say about the services we provided them.

We are here to answer your legal questions.  Call (612) TSR-TIME.

How Car Insurance Companies Try to Mislead Crash Victims

Fear, anxiety and confusion are just some of the emotions crash victims often experience.  Car insurance companies know this all too well, and they know how to use this to their advantage to try to avoid paying out fair compensation to crash victims.

Insurance adjusters know how to mislead auto accident victims, particularly on the phone.  They talk to crash victims all the time, so they know how to trick you into making statements they can use against you.  Below, learn more about misleading statements auto insurance companies often make when talking to crash victims.

The Minneapolis auto accident lawyers at TSR Injury Law have recovered over a billion in compensation for injury victims throughout the state.  This includes millions in compensation for car crash victims. Schedule an initial consultation today.

‘We Are on Your Side’

Insurance companies know crash victims are more likely to trust them if they feel the insurance company is on their side.  That is why they act friendly on the phone and may express concern over your injuries.  They may call to check up on you or ask if there is anything that they can help you with.

Understand, the insurance company’s goal is always to make a profit.  They make a profit by collecting premiums and paying out as little as possible when a claim is made.  Their goal is not to “help” you.  It is to settle as quickly and cheaply as possible.  If you feel they like you and care about you, you will settle for less out of trust.

‘We Want to Resolve This as Quickly as Possible’

While it may be true that the insurance company wants to resolve things quickly, they want to pay out as little as possible.  That is why they may offer you a settlement early in the process.  They know you need compensation for medical bills and other damages, and you may be willing to take it.  They also know you are unfamiliar with the legal process and that it is very difficult to calculate the full value of a claim so early in the process.

It is important to discuss the situation with an experienced attorney.  An initial consultation with an attorney from our firm is confidential and free.  We are dedicated to the best interests of our clients.

‘You Must Give a Recorded Statement’

When an insurance company asks for a recorded statement, you should think about why they are asking for one.  They may say it is part of the process and it can help move things along.  However, they often ask for this early in the process before you have completed your medical treatment and before the investigation of the accident has concluded.

The truth is you do not need to agree to provide a recorded statement.  Insurance companies can gather the proper documentation from police reports and medical records.  You should also discuss these requests with a licensed attorney, as he or she can advise you on what to say to protect your claim.

The problem with a recorded statement is it could be contradicted by statements you make later in the process.  You could also say things the insurance company could use against you, such as statements that make it seem like you are partially at fault.  Insurance adjusters know how to ask leading questions that often cause crash victims to say things they are unsure of.  This could damage your credibility.

‘You Are Partially at Fault’

You can still recover compensation for damages if you are partially at fault.  However, your final compensation award may be reduced by your percentage of fault.  That is why the insurance company will look for any reason to assign partial fault for the crash.  Even a 10% reduction of your claim is worth it to them because they try to reduce thousands of claims by 10% for “just being on the road.”

You need to be careful when discussing the accident.  Statements like, “I was in a rush” or “I should have been more careful” could be all the insurance company needs to assign you fault.

You should not take the insurance company’s word for it about your role in the accident.  You may be partially at fault, but this is something to discuss with your attorney.  He or she is dedicated to obtaining maximum compensation and working to prevent you from being assigned more fault than you deserve.

‘Lawyers Are Very Expensive’

The insurance company wants you to think this because they know if you hire an experienced attorney, he or she will pursue full compensation.  They know your attorney will negotiate and not accept lowball offers.

The truth is: your initial consultation is free of charge and our attorneys are not paid unless you receive compensation.  You can discuss how our lawyers are compensated in a free initial consultation.  People with attorney representation receive triple the compensation, on average, versus those with no legal help.  Even after paying the contingent fee to your attorney, you are out ahead.

See How TSR Injury Law May Be Able to Help You

Need help after a car crash?

Attempting to recover compensation on your own is a tall order, and the insurance company is dedicated to paying out the least possible amount of compensation.  They know how to manipulate crash victims into admitting fault or accepting a lowball settlement offer.

Our attorneys are dedicated to pursuing maximum compensation and holding the insurance company and at-fault driver accountable.

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

How Long Could It Take to Resolve a Car Crash Claim?

meeting at desk about a legal issueWhen a car crash causes a serious injury, the victim is likely to have expensive medical bills and lost income because he or she is unable to work. This often creates a financial crisis and leaves victims anxious for compensation from a personal injury claim. That is why one of the first questions they have for an attorney is: how long will it take to receive a settlement check?

The answer is different for every claim. There are also many issues that could come up during the process that could cause delays. Sometimes your attorney will need to file a lawsuit to obtain maximum compensation for your damages.

If the insurance company contacts you to attempt to quickly resolve your claim, be careful. Settlements offered early in the process are often for far less than the full value of a claim. The licensed attorneys at TSR Injury Law are committed to resolving your claim quickly, but only for the maximum compensation available.

Call today to schedule a free consultation with a Bloomington auto accident lawyer. No upfront fees or obligations.

What Are the Steps in the Legal Process?

The first step in many personal injury claims is often a consultation with an attorney. This gives the victim a chance to confidentially discuss what happened and learn more about whether there is a valid case. It is important to meet with an attorney that has experience with a variety of car crash cases and a history of positive results.   The insurance companies know who the good law firms are and also know which ones will simply settle for an easy buck.  Quick settlement are often pennies on the dollar of the true value of a case.

Investigation

The next step, if the attorney validates your claim, is an investigation. Your attorney can review the police report, evidence from the scene, witness testimony, medical records, medical bills and other expenses, and anything else relevant to your claim. For example, your attorney may formally request video footage of the crash or consult crash reconstruction experts.

The insurance company will conduct its own investigation to determine if your claim is valid and how much it may be worth. Keep in mind, the insurance company is looking for any reason to deny or devalue your claim. Adjusters and others involved in processing your claim may drag their feet and delay the process.

A common reason for a delay in your claim is the insurance company contesting fault for the crash. They may claim you are entirely to blame, or they may assign you a percentage of fault.  Insurance companies often argue you are at least 10% at fault for just being on the road.   This is not true, but they will always argue anything to limit their exposure.  If you hire an experienced lawyer, he or she can review your claim to determine if you bear any fault for what happened. He or she can also work to try to ensure you are not assigned more fault than you deserve.

Continuing Your Medical Treatment

While the investigation continues, you should continue your medical treatment. That means going to follow-up appointments, meeting with specialists, undergoing tests, following your doctor’s orders about limiting physical activity and other aspects of your recovery.

Claims are usually not resolved until the victim reaches the point of maximum medical improvement. That means the victim must be at a point where treatment is unlikely to cause marked improvement in your injury or the limitations it causes you. Your doctor should determine when you have reached this point. It could take anywhere from a few or several months to a few or several years for your condition to stop improving, or for you to make a full recovery.  You never want to settle your case and then need major medical treatment after for your injuries.

One potential delay in the process is the insurance company requesting an independent medical exam. It is important to discuss these types of requests with a licensed attorney. Independent medical examiners are often picked by the insurance company because they tend to reach conclusions that are favorable to the insurance company.  They are often the opposite of “independent”.

Sending a Demand Letter

When you reach maximum medical improvement, your lawyer can send a demand letter to the insurance company requesting compensation for your damages. At the point of maximum medical improvement your lawyer will be able to calculate the full value of past medical expenses and the estimated value of future medical expenses. Even though future and ongoing treatment may not improve your condition, your lawyer can still request compensation for these expenses.

The demand package may also include evidence of your injuries and the cause of the crash, such as pictures and video footage.

Negotiation

Once the demand letter is submitted, the insurance company can respond. The response will either be to accept the demand, reject it, or make a counteroffer. This is where negotiation between your lawyer and the insurance company usually begins. Both sides may go back and forth several times before a settlement is agreed upon.

Filing a Lawsuit

If a settlement cannot be agreed upon, your lawyer can file a lawsuit to pursue compensation. Sometimes filing a lawsuit motivates the insurance company to offer fair compensation. However, if the case gets to trial, this could be several months after your lawsuit was filed.

Discovery

This is when both sides gather evidence to fortify their positions on fault and injury.  This may include written questions and answers, in person deposition or review of expert testimony based on the evidence. Both sides also share what they have collected with each other so they can re-evaluate their positions as more evidence come in.

Mediation

This is often the last step before a trial. Both sides meet with a third-party mediator to attempt to resolve the situation.

Trial

Both sides call witnesses and present their case to the jury, and the jury will decide whether to award compensation and how much to award. If your case reaches this point, it could take anywhere from several months to more than a year from the date of the crash for your claim to be resolved.

Often one of the biggest reasons for the process taking a long time is the insurance company dragging its feet or not offering fair compensation.

Call TSR Injury Law to Learn More About the Legal Process

At our firm, we understand victims often have many questions about their claim and how an attorney may be able to assist them. That is why we offer a free, initial legal consultation with no obligation to take legal action.

We have recovered over a billion in compensation on behalf of our clients, and this includes many motor vehicle crash victims.

Learn more about how we could help you. Phone: (612) TSR-TIME.

Liability in a Crash Involving More Than Two Vehicles

damage to front of white carMost car crashes involve two vehicles, and one driver is often the one who bears the majority or all the fault for what happened. The typical example is car 1 rear-ends car 2 or car 1 runs a red light and strikes car 2. However, sometimes more than two vehicles are involved, such as in a crash on an interstate or multi-lane highway. When these crashes happen, it is often difficult to clearly or easily assess fault.

If you were a victim of one of these crashes, it is important to discuss it with an experienced attorney. He or she can help determine if you may be eligible for compensation and if you bear any fault for what happened.

Being partially at fault does not bar you from recovering compensation. However, you can be sure the insurance company will attempt to assign you more fault than you deserve, to reduce the value of your claim. That is why you need someone in your corner fighting for your best interests.

How Do Multi-Vehicle Crashes Occur?

Often, these crashes are chain reactions – one car hits another, which hits another, and so on. There is a higher likelihood for these crashes when there is high traffic or vehicles are traveling at high speed.

When there is a lot of traffic, one driver rear-ending another could easily cause the other driver to hit the back of another car. Multi-vehicle crashes are more likely when vehicles are traveling at high speed because there is less time to slow down to avoid a collision.

In a chain reaction crash, the driver who initiated the crash often bears the majority of fault. However, it is possible for other drivers in the chain to be partially at fault. If you were following another vehicle too closely when you were rear-ended by another vehicle, you may be partially to blame, even though you may not have hit the back of the vehicle in front of you unless you were rear-ended.  There is always an argument you hit the car in front of you before you got rear-ended.

There are various reasons drivers could be assigned fault in a multi-vehicle crash, including:

  • Following too closely
  • Speeding
  • Failing to use turn signals
  • Driving a car with brake lights that were not working
  • Distracted driving, such as texting and driving
  • Government entities/public agencies that failed to properly maintain a road, causing drivers to stop abruptly to avoid obstacles

While defensive driving may help reduce your risk of getting into a crash, including a multi-vehicle crash, you cannot control what other drivers do.

Things to Remember After a Multi-Vehicle Crash

If you are ever involved in this type of collision, keep in mind that assessing fault may be very complicated. You should strongly consider meeting with a Bloomington car accident lawyer before talking to the insurance company, as they may try to trick you into blaming yourself for what happened.   Insurance companies take recorded statements from you and all witnesses before determining liability.  They want to get to you before you have legal representation so they can ask questions not normally allowed.

You may have strong reasons to believe you are to blame, at least partially. However, this is not something you should tell the insurance company or the other drivers. Discuss this with your lawyer, as these conversations are confidential.  Sometimes you may think a potential “bad fact” is relevant when it is not.  Not all facts are legally relevant.

Witnesses may be crucial in these kinds of cases, so if you are physically able, find and talk to witnesses while you are at the scene. With their permission you can record a video of your conversation on your phone.

Street or local business video footage may be available, which is another reason to strongly consider hiring an experienced attorney who will know how to obtain this footage (before it disappears) and other important evidence.

How Does Comparative Fault Apply to Multi-Vehicle Crashes?

In Minnesota, you can pursue compensation from anyone who bears less fault than you do for the crash. However, your compensation award will be reduced by your percentage of fault for the crash. For example, if you are 10 percent at fault because you were speeding slightly when the crash occurred, your compensation award would be reduced by 10 percent.   In other words, you would still be able to collect 90% of the damages you sustained.

You can discuss this law in more detail with one of the licensed attorneys at TSR Injury Law if you schedule a free consultation.

Injured in a Car Crash and Need Legal Help? Call TSR Injury Law Today

At TSR Injury Law, we know how difficult the aftermath of a car crash can be physically, financially and emotionally. We have assisted many crash victims as they sought compensation for damages. We have extensive knowledge of the legal process, including how insurance companies try to avoid paying fair compensation to crash victims.

Our firm has obtained $1 billion over more than 20 years representing injury victims in Minnesota. The consultation is free of charge. There are no upfront fees for hiring our attorneys. We do not get paid unless you get paid through a settlement or courtroom victory.

We are here to help. Phone: (612) TSR-TIME.