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?

Current image: Blank Car Insurance Document on Desk Social

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?

Current image: Gavel Resting in Front of Judge Chair Social

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.

How Does Motorcycle Insurance Differ from Car Insurance?

desk with blank insurance applicationThere is one major difference between car insurance and motorcycle insurance in Minnesota: personal injury protection coverage. Learn how this can affect you after a crash with another vehicle.

It is important to carefully consider the coverages and coverage limits you should purchase when buying insurance. If you do not purchase enough coverage, you may be stuck paying medical bills and other expenses out of your own pocket. Medical bills from an accident can be difficult to afford, particularly when you cannot work because of a severe injury.

If you are struggling to obtain compensation after a car crash, call TSR Injury Law to schedule a free consultation. We have helped numerous car crash victims obtain compensation after an accident.

Personal Injury Protection Insurance

Minnesota is a no-fault state, which means car accident victims must turn to their own auto insurance, under the personal injury protection (PIP) coverage, no matter who is at fault for the crash.  PIP will cover medical bills, wage loss, funeral costs and costs to hire someone to perform household activities.

Minnesota mandates a minimum of $40,000 ($20,000.00 medical and $20,000.00 wage) in (PIP), but many people purchase more than the minimum required by law.

Unfortunately, Minnesota does not require motorcyclists to purchase this coverage and in fact most insurance carriers do not even sell PIP for motorcycles  (There is a small substitute for PIP for motorcycles.  It is called Medical Payments coverage (medpay).  Medpay is only for medical bills and is sold from $1,000.00 to $5,000.00 in coverages.)  Insurers are only required to provide liability insurance for motorcyclists. Liability insurance is intended to provide compensation to victims of an accident that you cause. Even if you have PIP coverage on an automobile, you cannot use it if you were injured while riding a motorcycle you own.  There is an obscure loophole if you are a passenger on a non-owned motorcycle that TSR attorneys may be able to use for your case.

The legal rationale motorcycles do not require PIP coverage is because according to Minnesota’s No-Fault Automobile Insurance Act, a motorcycle is not considered a motor vehicle. The PIP insurance mandated by this law only apply to injuries or losses that arise from the use or maintenance of a motor vehicle.

Uninsured and Underinsured Motorist Coverage

There is no telling how much insurance coverage the other driver who caused your motorcycle crash may have, or if the other driver will even have insurance coverage. Even though Minnesota requires drivers to have minimum coverage, many ignore this law. Some drivers forget to pay their premium and their coverage lapses, or they simply cannot afford insurance on top of a car payment.

No matter if you purchase medpay for your motorcycle, you should strongly consider purchasing uninsured motorist coverage to protect you if the other driver does not have insurance. (You should strongly consider purchasing both medpay and uninsured motorist coverage, as motorcycle crashes often result in significant injuries that require expensive treatment.)

Since you can only file a lawsuit for crash damages in certain situations, you may not be able to rely on filing a lawsuit to recover compensation. Even if you can file a lawsuit, if someone does not have insurance coverage, it is unlikely they will have many assets for your Minneapolis motorcycle accident attorney to go after.

Other Coverages You Should Consider

There are a variety of other coverages you can purchase for your motorcycle to help cover damages from a crash or other situation:

Collision

This provides compensation for damage to your motorcycle if you are involved in a crash with another driver or other hazards, like signs, trees or cars that are parked. You may also be able to obtain compensation to repair or replace your helmet if it gets damaged in the crash.

Comprehensive

In a no-contact accident, there might not be anyone to pursue compensation from, unless you can file a claim against the entity responsible for maintaining the road where you crashed. This is where comprehensive coverage comes in. You may be able to file a claim for compensation for a no-contact accident, such as a crash caused by falling debris or damage to your bike because of a pothole or vandalism.

Get Help Pursuing Compensation for a Motorcycle Crash

Our trusted attorneys are here to help crash victims who need compensation for the cost of medical care and other damages they may have suffered. The initial meeting with our lawyers is free of charge, as we know a crash can result in a financial crisis for many people.

Unless we recover compensation for your claim, there are no attorney fees. That means no risk to you in talking to us about your potential legal options.

Have questions and need help after a crash? Call us today at: (612) TSR-TIME

Determining Liability When a Pedestrian is Injured in a Crash

walk signal at crosswalkWhile everyone who is sharing the road needs to cautious, pedestrians need to be particularly careful because they have no seat belts, airbags or other safety measures to protect them in a crash. Pedestrians should not assume drivers see them and should stay hyperaware of traffic around them.

If pedestrians are not careful, they could not only get seriously injured, but also be found partially at fault for the crash. Below, learn more about liability in pedestrian crashes and why it may not always be so simple to determine who is at fault.

Responsibilities of Drivers and Pedestrians

As a pedestrian, state law requires you to take certain steps when you do things like cross the street. These measures are meant to reduce the risk of a dangerous crash.

For example, just like drivers, you are subject to the traffic-control signals at all intersections. If there is no signal at your intersection, drivers are required to yield to you when you cross the street in a marked crosswalk or at an intersection with no marked crosswalk.

When a pedestrian is crossing, the driver is required to remain stopped until the pedestrian has crossed the lane where the vehicle is stopped. No cars behind the lead car can pull out and attempt to overtake the lead car while a pedestrian is crossing.

It is illegal for you as a pedestrian to suddenly step off the curb or another area of safety and walk or run into a vehicle’s path when it is impossible for the driver to yield.

If you cross the road outside of an intersection, you must yield the right-of-way to all approaching vehicles. However, it is illegal to cross between adjacent intersections that both have working traffic-control signals.

If you are walking along a roadway, or in a wheelchair along a roadway, you must, when it is practical, move on the left side of the roadway or shoulder giving way to oncoming traffic. However, it is illegal to walk along the road when a sidewalk is accessible.

Fault When a Crash Occurs

Pedestrian crashes are often caused by negligent drivers. For example, they may run a red light and hit a pedestrian crossing the street. Drivers could also hit pedestrians while making a right turn on a red light and failing to yield.  This scenario occurs often because drivers look left for oncoming traffic as they turn right.  The drivers fail to also look to the right before they proceed.

However, there are times when pedestrians could be to blame. Jaywalking, which refers to crossing the street outside of a crosswalk, could result in the pedestrian being found partially at fault. When crosswalks are available, pedestrians need to use them, as they are designed to get the attention of motorists to help prevent crashes.

Pedestrians should also avoid running out into the street, particularly from between two parked cars. It can be very difficult for drivers to see pedestrians and they may not have enough time to slow down or swerve to avoid a collision.

Even if you are not hit by a car, if the driver is forced to take evasive action to avoid a crash and he or she hits other vehicles or a fixed object, you could potentially be found partially liable for the driver’s damages.

Can At-Fault Pedestrians Seek Compensation?

It is very important to note you can still seek compensation if you are partially at fault for a crash. At the scene, be careful not to admit fault. If the insurance company calls you, avoid admitting fault.  The Minnesota rule is if you are less than %50 at fault you can be compensated for the injuries you receive.

Even though you may be somewhat to blame for the crash, it is better to let the investigation play out. If you say it was your fault from the start, it may be more difficult to refute this later.

The attorneys at TSR Injury Law are prepared to review your situation in a free consultation to determine if you may have been at fault and if you may still be eligible to seek compensation. Even if you have some fault, we are committed to building a strong case to try to prevent the insurance company from assigning you more fault than you deserve.

Injured in a Pedestrian Crash? Call TSR Injury Law for a Free Consultation

Your injuries could affect you for a long time – potentially the rest of your life. That is why talking to an experienced attorney is so important during this difficult time. He or she may be able to secure compensation for your medical treatment and other damages.

Our Bloomington auto accident lawyers offer a free, no-obligation legal consultation. That means there is no risk to you in reaching out to find out how we may be able to help. Our firm has recovered $1 billion in compensation on behalf of our clients.

We are not paid unless you get paid. Call (612) TSR-TIME today.

TSR Staff Volunteered for We Push for Peace to Help Those in Need

At TSR Injury Law, we not only help injury victims in our community with their legal needs, we also make sure to try to give back to the communities where we live and work.

Last week, members of our legal team volunteered with the organization We Push for Peace. We gave our employees the option of a paid day off to go out into the community and volunteer. We donated food and hygiene supplies, packed them up and gave to those in the community who are in need.

We Push for Peace is a nonprofit started by Trahern Pollard to advocate for and be a resource to people in the inner city. Lately, this organization has been continuing to help those affected by COVID-19 while pushing for the justice, accountability and change the community needs in the wake of the death of George Floyd.

To learn more about the organization, we encourage you to visit their website.

TSR Injury Law. Trusted. Local. Lawyers.

What is a Soft-Tissue Injury Claim Worth?

stretching out a knee ligamentCar crashes can cause a variety of soft-tissue injuries, depending on the type and speed of the crash and the point of impact. While many people may take these injuries less seriously than things like broken bones or internal injuries, they can often cause long-lasting pain and suffering, limited mobility, and other medical problems.

Below, learn more about how attorneys evaluate these injuries to determine the value of the economic and non-economic damages they can cause.

If you were injured in a crash, you should seek immediate medical attention as you may not notice signs of a soft-tissue injury immediately afterward. If you wait, the injury could get much worse and your recovery may take longer. After seeking treatment, contacting a lawyer is an important step as you pursue fair compensation.

Soft-Tissue Injuries That Often Result from Crashes

A soft-tissue injury is one that affects the ligaments, tendons or muscles.  These ligaments, muscles or tendons are in the neck, back, knees, elbows or shoulders. These body parts can become strained, sprained or torn, resulting in significant pain, limited mobility and other problems.

Some common examples of soft-tissue injuries include:

  • Whiplash – This is an injury to the neck that often occurs in rear-end accidents. The driver’s head and neck are jolted forward by the impact and suddenly stopped, often because of the seat belt or airbag. This can lead to severe pain, headaches, dizziness, tingling in the arms and stiffness in the neck. Whiplash could affect you for months or even years.
  • Contusions – These are severe bruises that may result from a body part hitting the steering wheel, airbag, dashboard or door. You could experience pain or swelling and limited mobility around the contusion.
  • Sprains – This refers to twisting or overextension of joint ligaments. Whiplash could be considered a type of sprain.
  • Strains – This is like a sprain except the muscle or tendon can be stretched or partially torn. Symptoms can include pain, weakness, swelling, inflammation and cramping.

Evaluating Soft-Tissue Injury Damages

One of the main factors in the value of a soft-tissue injury claim is the medical bills for past and future treatment for your injury. For example, you may need to see a chiropractor and/or physical therapist to help you regain mobility, strength and function in the injured area. You may also need to get X-rays, MRIs or other tests to diagnose your injury and the body parts that are affected.

Pain from your injury may require prescription medication, along with crutches or braces to deal with limited mobility.

It is important to hire an attorney with the resources to thoroughly evaluate your damages. For example, your lawyer may need to consult a medical expert to determine the treatment you may need and how long you may need it. An experienced attorney can also be beneficial to your claim because he or she will have helped many other crash victims determine the value of their damages.

Another important factor in the value of a soft-tissue injury claim is the pain and suffering you experience on a daily basis. There is no defined value of pain and suffering. The value of these damages is determined on a case-by-case basis.

There are two common ways attorneys and insurance companies may calculate pain and suffering. For example, they may add up all your economic damages (medical bills, lost wages, property damage) and multiply this total by a number, often something between one and five. Another way is to determine a daily value of your pain and suffering and multiply that by the number of days of pain you are likely to experience.  Years of experience help attorneys compare past settlements and verdicts to current cases and create a fair understanding of the legal value of the injury.

Your attorney will also need to consider other factors, such as whether your condition is likely to get worse over time and how effective future treatment may be.

Call Today to Set Up a Free Consultation About Your Soft-Tissue Injury

You may have many questions after suffering an injury in a car crash, including questions about taking legal action to obtain compensation for the damages you suffered.

That is why meeting with an attorney for a free consultation can be an important step to take. The Minneapolis personal injury attorneys at TSR Injury Law have a proven track record of recovering fair compensation for crash victims. Over more than two decades serving Minnesota injury victims, we have obtained over a billion in compensation.

There are no upfront fees for our services, as we are no paid for representing our clients unless we obtain compensation on their behalf.

Have questions? TSR Injury Law is here to help. Call (612) TSR-TIME.

How Important is the Police Report After a Car Crash?

One of the first thoughts many car crash victims have in the moments after the crash is about calling the police. Victims want police officers at the scene to investigate, issue traffic citations and complete a report on the crash.

While it is true that it is important to call the police after a crash, particularly if you want to have a chance of obtaining compensation for your vehicle or body damages, there are limitations to police reports. Below, learn more about how police reports can help car crash claims and some of the limitations.

Our Bloomington auto accident attorneys offer a free legal consultation to discuss your crash and the damages you have suffered. We understand what car crash victims go through because we have helped so many obtain compensation for car crash damages. The consultation is free and comes with no legal obligations, which means no risk to you.

How a Police Report Could Help Your Claim

A police report provides an unbiased, third-party account of a crash, and police officers’ accounts of crashes are often considered reliable. People who witnessed the crash are also more likely to talk to police officers about what they saw because they often trust the police.  The witness’ recollection is also best right after the crash versus several weeks or months later.  The at fault party may also “admit” what they did at the crash scene, but later have a change of heart and start to forget or change their story.

Police reports provide basic details about the situation, including things like the weather, date, time, damage to the vehicles, road conditions in the area, traffic citations that were issued and contact information for witnesses. Sometimes police reports contain the responding officer’s opinion about who was at fault for the crash.

Police reports are often used in the insurance claims process, as they provide a lot of information that can be used in your demand letter for compensation.

While every insurance policy is unique, there may be a requirement to file a police report in order to obtain compensation. In fact, there are several Minnesota policies that will not allow a claim unless a police report is filed.  The State of Minnesota also requires you to file a police report when a crash fits certain criteria.

However, even if you are unsure if the crash fits these criteria, you should err on the side of caution and call the police anyway. Your injuries could be much worse than you initially realize. Crash victims have a tendency to minimize the severity of their injuries, unless there is a lot of blood or there are broken bones.   Even a basic description of an injury at the crash scene helps explain later pain and treatment that was needed.  Of course, medical records will have details about the injury, but the report can buttress the other records.

A police report helps to connect your injury to the crash. Without a police report, the insurance company is likely to question whether your injury happened in the crash or in another incident.

Limitations of Police Reports

Unfortunately, police reports generally cannot be admitted as evidence in a trial. These documents are considered hearsay, as the police officer has no direct knowledge of the crash. The report is not as reliable as an account from someone who was either involved in the incident or actually witnessed it.   However, the police report can be used to refresh an officer’s memory, so they can testify with a better memory of the events that usually took place years before.

While there are limitations to a police report, most car crash claims are resolved through an insurance company settlement. That means most crash victims do not need to go to trial to recover compensation for their damages.

Injured in a Car Crash? Call Today to Discuss Your Situation with a Licensed Lawyer

After calling the police and seeing a doctor, an important next step is talking to an experienced attorney about your crash. You may be eligible for compensation for damages as the crash may have been caused by another driver’s negligence, such as drunk or distracted driving.

Your free initial consultation is a chance to learn more about how we may be able to assist you during this difficult time. You are not under any obligation to hire our attorneys to represent you if we validate your claim. That means no risk to you in meeting with us.

Call us as soon as possible to set up a free legal consultation. Phone: (612) TSR-TIME.