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Author: Steve Terry

Steven Terry is the co-founder and current managing partner of TSR Injury Law. His practice consists solely of representing injured people and pursuing justice against wrongdoers. He has handled thousands of injury claims over a 20-plus-year career. Steve continues to exceed his clients' expectations and hold insurance companies responsible for the damage their insured's cause.

Minnesota Good Faith Law

By Steve Terry |

The Minnesota Good Faith Law was signed into law April 18, 2008 and went into effect August 1, 2008. It applies to claims against your own insurance company — setting the standard of conduct for insurance companies when settling no fault (NF), underinsured (UIM), and uninsured (UM) policy claims. It requires that insurers have a credible basis for denying a claim by its insured — that they act in good faith toward the insured.

If you have been in a car accident, it is beneficial to have legal representation even for the no fault claim in order to ensure that the insurance company acts in good faith so that you receive fair compensation for damages. TSR Injury Law has years of experience combating insurance company injustices. Our Minneapolis personal injury attorneys have recovered millions for our clients. Call (612) TSR-TIME or submit our free consultation form.

Good Faith Law: Minnesota Statute 604.18

This good faith law is being hailed one of the most significant pro-consumer insurance legislation passed in Minnesota in many years. The basics of the law are:

  • The court may award damages and costs to an insured if the following can be proven against the insurer:
    • the absence of a reasonable basis for denying the benefits of the insurance policy; and
    • that the insurer knew of the lack of a reasonable basis for denying the benefits of the insurance policy or acted in reckless disregard of the lack of a reasonable basis for denying the benefits of the insurance policy

The damages awarded would be an amount equal to one-half of the proceeds awarded that are in excess of an amount offered by the insurer at least ten days before the trial begins, or $250,000, whichever is less. The court may also award reasonable attorney fees actually incurred for filing a good faith claim.

An example of how the good faith law will work:

The insurance company offers $20,000 on a policy with $100,000 limit, but the jury awards $200,000. If it can be proven that the insurance company’s offer violated the good faith law, the plaintiff will receive the $100,000 policy limit PLUS $90,000 (half of the difference between what was offered and what the jury awarded) in damages. In addition, the insurance company would be required to pay the attorney fees for the subsequent claim.

Minnesota Good Faith Claim Lawyer

The Good Faith Law should make insurance companies more accountable for their actions toward the insured. If you have been in a car accident, truck accident, or motorcycle accident, and you feel like the insurance company has not offered a reasonable amount, contact us today at (612) TSR-TIME. Our lawyers have years of experience handling Minneapolis auto accident cases. We have a reputation for getting the job done with excellent results.

Call (612) TSR-TIME  – No Fees Until We Win.

Fuel Truck Rollover Near Albertville, MN

By Steve Terry |

There was a semi truck / car accident today near Albertville, Minnesota. A tanker truck rolled over into the median on Interstate 94 about 11 a.m. The driver of the truck was maneuvering the truck to avoid hitting a car making an illegal U-turn, when his truck rolled over, leaking fuel all over the highway.

State Patrol Lt. Matt Langer reported that I-94, in both directions, will be closed for hours and thousands of vehicles will be redirected while crews take care of the clean up. The fuel was removed from the tanker by 6 p.m.

Two people sustained minor injuries. The driver of the car may be cited for the illegal U-turn.

Legal Help For Accident Victims

Our Minneapolis truck accident lawyers have years of experience with excellent success. We have recovered millions for victims of truck accidents and car accidents. Steve Terry, Chuck Slane, and Rich Ruohonen are consistently named Super Lawyers by Minneapolis St. Paul Magazine and Minnesota Law & Politics. If you have been in an accident call someone with experience, someone who knows the law, and someone who gets results. Call (612) TSR-TIME or submit our free consultation form.

TSR Injury Law Represents Victim of Circus Juventas Bleacher Collapse

By Steve Terry |

On Sunday, August 16th, the final summer performance of the St. Paul youth circus ended in disaster. The bleachers collapsed. Nearly 450 people fell, many sustaining minor injuries. 7 people were transported to the hospital with significant injuries. TSR Injury Law now represents a victim of the bleacher collapse.

The cause of the bleacher collapse is still not known. The city fined the circus for assembling the wooden bleachers without requesting an inspection prior to being used for a public performance. They had not been inspected since they were purchased in 2006. New bleachers have been installed at Circus Juventas and they have passed inspection by St. Paul officials.

How We Can Help You

Premises liability laws recognize the responsibility of the property owner for the well-being of anyone invited onto the property. Our Minneapolis personal injury attorneys are skilled, aggressive litigators with years of experience. Our partners are consistently named Minnesota Super Lawyers and are experts at establishing fault and proving liability. They have recovered millions for victims. Call (612) TSR-TIME or submit our free consultation form.

DWI Survivor Suffers from Spinal Injury

By Steve Terry |

Kellie Stein’s life changed drastically one day when she fell victim to a drunk driver. Now she says she just “lays there” and that she “just exists.”

On the other side is Kristin Kealy who is a single mother who had no criminal record and her driving record was clean. One night, she made the wrong decision and reached 90 miles per hour on a Coon Rapids road. Her drunkenness and her speed caused her to rear-end a Pontiac Firebird driven by Stein.

Now Stein is paralyzed from the neck down due to a severe spinal injury. In August, she had to leave the hospital to tell an Anoka County judge about the accident and how it changed her life forever.

Stein, 32, had to be rolled into the courtroom in a wheelchair by her boyfriend, who held the impact statement in front of her as she read it. She had dictated her statement to a hospital volunteer so she would be able to read it that day.

At first, her words were not audible as she spoke of the event. Kealy had been out drinking with friend at a Spring Lake Park Bar and at 1:30 a.m. was driving along Coon Rapids Boulevard at incredible speeds before crashing into Stein. A breath test showed that her BAC was .24, which was three times the .08 limit in Minnesota. At first, she told police she wasn’t driving.

As Stein continued to tell the judge about what occurred and the activities she can no longer perform on her own, her voice became stronger. She told him she cannot paint, garden, fish, or design landscapes. She does, however, plan on continuing her education, as she already has a bachelor’s degree in criminal justice and in psychology.

25-year-old Kealy received a one year jail sentence and said nothing to Stein during the court hearing. The judge sentenced her according to the sentencing guidelines, but he did tell Kealy that he would have sentenced her to spend more time in jail if he had more latitude to do so.

New Fungal Meningitis Cases Still Popping Up

By Steve Terry |

It is now January and new fungal meningitis cases are still popping up four months after the New England Compounding Center issued a voluntary recall of several lots of its steroid injection, Methylprednisolone Acetate. In addition to the new cases of fungal infections, other infections have come about as well.

It was found that the primary contaminant in the drug was Exserohilum, which is a type of black mold. The pathogens from the mold contaminated the three lots during the compounding process, which then led to fungal meningitis and other health issues in patients who received the injections. It has been estimated that as many as 14,000 patients were exposed to the contaminated drug and now the personal injury lawsuits have began.

As of now, there have been 664 reported cases and 40 of the individuals died from fungal meningitis.

And while fungal meningitis has received most of the attention, there have also been joint and spinal infections that have occurred near injection sites. Although new meningitis cases have come about, the number and frequency is starting to wane while the number of spinal infections is increasing. This has a lot to do with the fact that spinal infections can take a while to appear.

In Minnesota, there have been 10 cases of fungal meningitis since the late September outbreak and there are two reports of spinal infections. A total of six medical facilities in the state received the drug from the recalled lots. In addition, the FDA has said they cannot verify whether or not other drugs made at the New England Compounding Center are safe. It is estimated that 111 facilities throughout Minnesota have received other drugs from the facility.

Have you been exposed to contaminated medication? You may be eligible to receive financial compensation. Contact a Minneapolis personal injury lawyer from TSR Injury Law today for a free consultation. Ph: (612) TSR-TIME.

This nationwide outbreak has caused the FDA to scramble because of concerns that have been raised by the outbreak. In late December, there was a hearing held to establish how the federal government and the states should regulate compounding pharmacies. Right now, it is the responsibility of state pharmacy boards to oversee these facilities, but many of the pharmacies are expanding from small operations to large-scale distribution with clients in multiple states. This multi-state dealing is why it may be necessary to push for federal oversight.

At the same time, the government agencies have been struggling to keep up with complaints from patients. On December 20, 2012, the CDC encouraged doctors to consider using MRIs for patients who had pain that did not improve after getting the injection. The previous recommendation was just for patients that had symptoms that were worsening.

As time goes on, new recommendations may come about, improved oversight of compounding facilities may become a reality, and individuals may not have to worry so much about contaminated drugs.

Minneapolis Homeowner Liability Lawyer

By Steve Terry |

Homeowner liability accidents are ones that happen on someone else’s property. If you attend a friend’s party and slip and fall, if your child has a serious accident on your neighbor’s trampoline or if your husband drowns in a mate’s pool, all of these instances fall under the homeowner liability laws. If you or someone you love has been injured on someone else’s property, then you may be eligible for financial compensation, either from the homeowner or through their homeowner’s insurance company. Find out more about your legal rights by speaking to a Minnesota accident lawyer as soon as you can.

Free Consultation – Ph: (612) TSR-TIME.

Common Homeowner Liability Claims

Homeowner liability or property liability cases include any serious accident or injury that occurs on someone else’s property. This may include:

How Homeowner Liability Insurance Works

Homeowners are required to purchase liability insurance as part as their homeowners’ insurance policy. Renters may also have liability insurance if they have chosen renter’s insurance. If not, then the landlord or owner of the building will have it.

The biggest problem with homeowner liability is that it is not clear cut. Insurance providers may only offer you the bare minimum and may even deny your claim the first time around. Dealing with a claim denial at this time if your life is the last thing you need. Speak to the experts to help you investigate and determine how much you are actually entitled to. We will make sure that there is no difference between your entitlement and your settlement.

Serious accidents that occur at a friend’s house can be hard on your emotionally and physically. You may feel that if you do ask for compensation that you are jeopardizing the friendship. However, you are entitled to compensation. If you are suffering from a serious accident you may be unable to work, to cover the additional medical costs and to continue to pay your own bills. Compensation from a homeowner’s liability case can help you recover damages to pay for:

  • Lost wages
  • Medical equipment and medication
  • Rehabilitation
  • Surgery, hospitalization and consultation costs
  • And more

You need to put your needs first. Your friend will understand. Homeowners liability insurance is there for a reason- make sure you use it to help you get back on your feet.

Contact a Minnesota Homeowner Liability Lawyer

At TSR Injury Law it is our goal to help you claim the compensation you deserve when faced with a homeowner or property liability case. We will work with you to ensure that the person or company responsible pays the necessary damages. We have the experience to represent you the whole way, even if the case goes to trial. Contact our team of Minneapolis personal injury lawyers today for a free initial consultation at (612) TSR-TIME.

Prison Medical Contractor Sued in Inmate’s Death

By Steve Terry |

Minnesota prisons utilize a private contractor for the medical care of prisoners and now that contractor is being sued for the wrongful death of an inmate who died from complications due to seizures in the Rush City prison.

The suit filed in federal court, alleges that a Corizon, Inc. doctor did not order an ambulance to come to the prison when prisoner Xavius Scullark-Johnson started having seizures. The suit further alleges that an ambulance crew was turned away by a nurse at the prison the next morning.

Corizon, which is based in Tennessee, is estimated to receive $28 million for its duties in caring for the 9,200 inmates in Minnesota’s prisons. The Minnesota Department of Corrections has also been named in the lawsuit that questions the quality of care that is being received by inmates.

The lawsuit states that the defendants left Scullark-Johnson in his cell by himself as he had a number of seizures. He was unable to control his body, was disoriented, and had received injuries from the seizures.

Corrections officials state that the Minnesota prison inmates receive the standard of care that the law requires them to have, which they say is equal to the care received by anyone in Minnesota.

In addition to these accusations against the doctor for Corizon, the lawsuit alleges that there were three nurses with the Corrections Department, as well as four prison guards that failed to care for Scullark-Johnson as he suffered as many as six seizures within a five hour period.

Undisclosed records have shown that the corrections officers responsible for Scullark-Johnson did not document his condition although they did remove his cellmate to another area after the cellmate was complaining that an ambulance should be sent.

This lawsuit has raised a number of questions regarding quality of care within prisons since it has been found that nine state prisoners have died due to the alleged denial of medical care. Another 21 inmates have allegedly suffered critical or very serious injuries due to the denial of care. It is believed that the staffing arrangements that are specified within the state’s contract with Corizon have played a role in the death and injury claims. The staffing arrangement entails nurses leaving by 11 p.m., which means corrections officers are the ones in charge of medical care.

According to court documents, the nurse who had turned away the ambulance for Scullark-Johnson, said to corrections investigators that she was not given adequate information by the overnight officers about the condition of Scullark-Johnson. However, the Corrections lieutenant said that she was informed that at least three seizures occurred and that his cellmate said there were at least six or seven seizures. The officer said that the nurse told him to let Scullark-Johnson sleep.

After turning the ambulance away, the nurse returned an hour later and found Scullark-Johnson face down in his cell and he was not responding. The ambulance then returned and the crew took him to a medical center where he was pronounced dead that night. He was taken off life support the next day.

MCL Tear Injury Compensation Claims

By Steve Terry |

The medial collateral ligament is located on the inside of the knee. It attaches the femur to the fibula and prevents the knee from bending inward. It is one of four ligaments that support and stabilize the knee.

Minnesota MCL Tear

The MCL can be torn with a direct hit from the side, in slip and fall accidents, car accidents, or truck accidents. This type of injury usually presents with localized pain, swelling, bruising, and possible instability. MCL tears are divided into three grades.

  • Grade 1 MCL Tear is an incomplete tear with few symptoms. Rest, ice treatment, and anti-inflammatory medication is recommended. Recovery is about 1-2 weeks.
  • Grade 2 MCL Tear is also an incomplete tear but with moderate symptoms. The pain and swelling is worse than a grade 1 MCL tear and the knee feels unstable when turning or pivoting. A hinged knee brace may be recommended for a period of time. It helps to elevate the leg whenever possible to reduce blood flow to the injury. Recovery is about 3-4 weeks.
  • Grade 3 MCL Tear is a complete tear of the MCL with significant pain, swelling, and instability. A knee immobilizer is recommended for the first 10 days after injury. This is followed by a hinged knee brace. Right from the beginning the knee needs to be flexed several times a day. Complete recovery is about 3-4 months. Surgery may be recommended if the MCL tear is accompanied by an ACL tear.

MCL Tear Legal Counsel

MCL tears are difficult to value. Many insurance companies minimize this injury and believe surgery is never necessary. It is vital to have a knowledgeable personal injury attorney fighting for your rights. At TSR Injury Law, our partners have years of experience and extensive medical knowledge. At professional personal injury lawyers in Minneapolis, we will aggressively pursue your case. Call (612) TSR-TIME or submit our contact form.

Minneapolis Drunk Driving Injury Lawyers

By Steve Terry |
Current image: MADD-logo

The saddest cases we handle are drunk driving cases, because all of the pain could have been avoided if the drunk driver had just acted responsibly. If you have suffered an injury or loss due to another person driving drunk, call Minnesota Drunk Driving Lawyers at 612-TSR-TIME or submit our contact form for a free case review. Our Minnesota Personal Injury Lawyers are proud sponsors of MADD Minnesota and the recipient of the 2008 MADD Choice Award.

Drunk Drivers

Drunk drivers actually put other people on the road in more danger than themselves, making the choice to drive after too many drinks is clearly wrong. Sadly, Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) are both very common occurrences.

In 2006, there were 13,470 fatalities in crashes involving inebriated drivers, composing 32% of the total traffic fatalities for that year. Still more people sustained serious injuries in DWI accidents.

Minnesota Law on Drunk Driving

Minnesota law takes drunk driving very seriously. People who are convicted of DWI face heavy fines, community service, jail time, and suspension or loss of their driver’s licenses. Unfortunately, criminal penalties do little to help those who have already been injured by drunk drivers.

One way for drunk drivers’ victims to win fair compensation is by filing a drunk driving lawsuit. Our Minnesota drunk driver lawyers can help you with:

  • DUI/DWI
  • Dram Shop Laws
  • Social Host Liability

If You’ve Been the Victim of a Drunk Driver

If you or a loved one has been injured by a drunk driver, it is important that you know what your legal options are. Successfully filing a Minnesota personal injury suit against the responsible party can win you compensation for:

  • Past, present, and future medical expenses
  • Wages lost to medical leave or loss of your job
  • Your current physical and emotional suffering

Contact Us

For a free consultation about your case, contact the Minneapolis auto accident lawyers of TSR Injury Law at (612) TSR-TIME or submit our contact form.

The Risks of LASIK Surgery

By Steve Terry |

LASIK stands for Laser-Assisted In Situ Keratomileusis. It is a procedure that permanently changes the shape of the cornea, the clear covering of the front of the eye, using an excimer laser. A mechanical blade is used to cut a flap in the cornea, leaving a hinge on one side of the cornea. The flap is folded back revealing the midsection of the cornea. Pulses from a computer-controlled laser vaporize a portion of the corneal cells and the flap is replaced.

Risks and Limitations

Even with the most skilled surgeons you can experience complications and serious consequences, including malfunction of a device or other error, such as cutting a flap of cornea all the way through instead of making a hinge during LASIK surgery, may lead to discontinuation of the procedure or irreversible damage to the eye.

Some complications after surgery are:

  • Migration of the flap
  • Inflammation or infection
  • May not work and may require another procedure
  • Intensive treatment with drops
  • May still need reading glasses
  • Visual symptoms (glare, halos, starbursts, etc.)
  • Unable to drive at night
  • Contrast sensitivity (unable to see in dim light)
  • Temporary loss of vision
  • Irreversible blindness

According to the FDA, 700,000 LASIK surgeries are performed in the United States each year. 35,000 of the patients are dissatisfied with the outcome and 7,000 people suffer severe complications — including extremely uncomfortable eye dryness, intense eye pain, or varying degrees of blindness. Some patients have even become depressed from the constant pain and committed suicide. Two years after surgery one patient described the pain as “debilitating and unremitting”.

Legal Help For LASIK Victims

Our Minneapolis medical malpractice attorneys are legal experts with extensive experience with malpractice cases. We will answer your questions, deal with the doctors and insurance companies, handle all of the paperwork, and file your claim. Call (612) TSR-TIME to speak to a lawyer today or submit our free contact form and a representative from our firm will contact you shortly.

Free Consultation. Ph: (612) TSR-TIME.

Lino Lakes Fatal Four-Car Chain Reaction Crash on 35E

By Steve Terry |

Tragedy has struck again near Hugo on I-35E northbound. The traffic was heavy due to construction. Apparently a 19-year-old driver was inattentive, crashing her Honda Civic into a VW Cabriolet.

The Civic was doing highway speeds and the force of the impact pushed the VW into a Ford pickup truck, which then hit the next vehicle in line, a Chevy Cobalt. The vehicles were strewn across the interstate and off the road.

The 32-year-old driver of the VW was taken to North Memorial Hospital in critical condition. She passed away early Wednesday morning. She was from Hugo. According to the State Patrol, three other people involved in the crash sustained minor injuries.

Interstate 35 northbound was shut down for three hours due to the crash. The accident is under investigation. Alcohol does not seems to be a factor in the crash.

The time after a car accident is so stressful. It is difficult to function, much less make critical decisions. It is vital to contact legal representation quickly so that evidence can be preserved, eye witnesses interviewed, and a persuasive case put together. Our partners have years of experience handling car accident cases and wrongful death cases, with great success. We will do the paperwork, contact the insurance companies, and file your claim. Call (612) TSR-TIME or submit our online form.

Richard Ruohonen President of the Minnesota Association for Justice

By Steve Terry |

FOR IMMEDIATE RELEASE:
August 17, 2018 

CONTACT:

Carla Ferrucci, Executive Director
Minnesota Association for Justice
(612) 375-1707 Office
(612) 532-5060 Cell 

The Minnesota Association for Justice

Elects New President – Richard Ruohonen

With the Theme “Think Like There is No Box,”

Richard Ruohonen becomes 64th President of the Minnesota Association for Justice

Brainerd, Minn. – Twin Cities attorney Richard A. Ruohonen was elected president of the Minnesota Association for Justice (MAJ) at the association’s annual convention, which took place on August 17, 2018 in Brainerd, Minnesota.

Mr. Ruohonen pledged to use his one-year term as president to help eliminate barriers that injured consumers encounter when seeking justice in our court system, enhance the professional development of the association’s membership by providing diverse and cutting-edge legal education, and to ensure the sustainability of the association, which has been dedicated to these goals for more than 60 years.

The Minnesota Association for Justice is committed to our Constitution’s guarantee of justice and equal protections for all promotes that mission in all its work. As president, Mr. Ruohonen will lead MAJ’s efforts to ensure that our right to a trial by jury is not undermined in the courts – or at the State Capitol.

“Our mission is to protect everyone’s access to the courts. We actively oppose legislative proposals that undermine or eliminate our legal rights in Minnesota,” Mr. Ruohonen said. “In addition to our legislative advocacy, my presidency will also encourage our members to think creatively in their practice of law: to take some chances to advance your client’s cause, try things you’ve never done before, and adapt your practice with our changing times. Our annual convention theme is, ‘Think Like There is No Box,’ because we want our members to go far beyond their comfort zone. Helping the injured today takes a lot of creativity, tenacity and passion for seeking justice. That is how I practice law and that is how I intend to lead this organization in the coming year.”

Mr. Ruohonen has dedicated his legal career to the practice of personal injury law, where he helps injured people obtain justice by holding those responsible accountable for their actions. He earned his B.A. from Hamline University, with honors, and subsequently received his law degree, with honors, from the Hamline University School of Law.

Rich Ruohonen is consistently named as a Super Lawyer by Minnesota Law & Politics magazine. Rich focuses his practice on cases involving car accidents, traumatic brain injury (TBI), food poisoning, premises liability, daycare liability and product liability. He has represented hundreds of victims of various personal injury accidents and has tried numerous cases to a jury with excellent results.

Mr. Ruohonen is married to Sherry and they have two children, Hannah and Nicholas. Both children are active in sports, including softball, baseball and hockey. Rich helps coach his children’s sports activities in his spare time and is an avid participant in the sport of curling. As a curler, Rich has been to several national championships and is a two-time national champion. He went on to compete in two world championships the most recent one in 2018 held in Las Vegas, Nevada. He also enjoys fishing and water sports in the summer. 

About The Minnesota Association for Justice

The Minnesota Association for Justice (MAJ) is a professional association of attorneys who represent Minnesotans wrongfully harmed or suffer injuries to their person, property or violations or their civil or human rights. MAJ defends the rights guaranteed by the Constitutions and laws of the United States and Minnesota, foremost among them our right to a trial by a jury of their peers and advocates for public policies that enhance consumer protections, accountability and equal access to justice for all. 

Original Press Release