 Whether you need a lawyer after an injury
will depend upon the specific facts of the accident.
You should always consider calling a lawyer after a
severe accident that was caused by someone else's negligence.
Such accidents usually have many legal and insurance
problems. If those problems are not handled promptly,
they can seriously affect your rights and the potential
for recovering full and fair compensation.
An experienced lawyer will usually have an investigator
interview witnesses, take photographs and do whatever
is necessary to find out the cause of the accident.
Identifying and promptly interviewing witnesses is very
important.
When injuries from an accident are so disabling that
a person's daily activities are affected, a lawyer can
make sure all insurance benefits are being paid and
will continue to be paid. A lawyer will also advise
the insurance company in writing, about the full extent
and nature of the injuries and other damages.
Accidents resulting in serious personal injuries can
also have an emotionally distressing effect. An experienced
personal injury lawyer and his/her staff can help answer
questions, make the decisions easier to determine and
be a strong advocate for the injured victim and his/her
family.
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At Meshbesher & Spence, a person who is injured
in an accident does not pay attorney fees until the
case is resolved and the monetary compensation is collected.
If no money is ever recovered on behalf of the client,
he/she does not pay a fee. This is called a "contingent
fee agreement." The fee is contingent upon the case
being won and money recovered.
Usually the agreement calls for the lawyer to receive
a percentage of the amount recovered for the client.
The lawyer typically agrees to pay all costs from the
beginning of the case until it is resolved. The costs
include filing fees, investigator's bills, doctor's
reports, etc.
Our lawyers do not expect to be paid until the case
is over. All fee arrangements are in writing so you
know what to expect.
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Automobile injury claims are different from other types
of claims in Minnesota and most other states. In automobile
accident cases there are two possible types of claims:
1) No-Fault Claims A no-fault claim is made to your
own insurance company or the insurance company that
insured the car in which you were riding. A no-fault
provision of your insurance policy will cover medical
expenses, wage loss, replacement services and other
benefits up to the policy limits. You should call your
insurance company promptly to report the accident and
any claim. The company will send you an application
for benefits form to get the claims process started.
The insurance company will verify your expenses before
they will be paid or reimbursed to you. This means before
you are paid, the company will need copies of your bills,
medical records, doctors' disability statement and wage
loss verification from your employer.
2) Fault or Liability Claim If another person is as
much or more at fault than you, for causing the collision,
you may have a right to compensation for your injuries
including pain, suffering and mental distress from the
person at fault and their insurance companies.
In addition to proving the other party or parties were
at fault, you. must be able to prove that your injuries
meet a legal requirement called a "threshold". This
threshold must be met in order to bring a liability
or fault claim which entitles you to go to court if
the case cannot be settled out of court by agreement
of all concerned.
Under Minnesota law your injury must involve at least
one of five threshold requirements:
- A permanent lasting injury
- A permanent disfigurement, such as a scar
- Medical expenses in excess of $4,000
- 60 days of disability
- Wrongful death of a close relative, such as a child,
spouse or parent.
If your case does not involve at least one of these
threshold requirements, you cannot bring a claim for
compensation for the pain, suffering and emotional distress
caused by your injuries.
This means you will be limited to the no-fault benefits,
which essentially cover your actual expenses only.
It is very important to see a doctor promptly, if you
are injured. This will document your injuries in a medical
record.
If you feel you possibly meet a threshold requirement
and some other person is at fault, you should contact
an experienced personal injury lawyer to discuss your
case.
Property damage from automobile accidents is generally
covered under the fault or liability system. This means
the insurance company, of the driver who was at fault,
is responsible for paying the fair market value of the
car if it is beyond repair or the reasonable cost to
repair it.
If there is a dispute as to who caused the accident
and you were partly at fault, your recovery will be
reduced by the percentage that you are at fault. The
other person must be determined to be at fault, at a
level at least equal to yours or greater, for you to
get any money for the damage of your car.
It is quicker and easier to claim property damage reimbursement
under the collision coverage of your own insurance policy.
Your insurance company will then try to collect from
the other insurance company. This means you won't have
to worry about anything but paying the deductible amount
under your own insurance policy.
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In accidents not involving automobiles, you do not have
to meet a threshold requirement. You still need to prove
that someone was at fault and that his/her fault was
equal to or greater than your fault in causing the injury.
Generally the cost of bringing such a claim through
an attorney requires that there is some permanent injury,
disfigurement or death to justify the cost of experts,
investigation, and preparation of the case.
If you have questions about filing any type of injury
claim, please call us for a free consultation to discuss
the case in detail.
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If you were injured, while working, you probably are
entitled to make a worker's compensation claim. Minnesota
workers' compensation laws provide many different kinds
of benefits.
The most common benefits include payment of all medical
bills, payment of wage loss and, if there is permanent
injury involved, a lump sum payment for permanent partial
disability. Funds for vocational retraining may be available
in certain situations.
If you are injured at work, you should immediately advise
your supervisor of the incident so a "first report of
injury" form can be completed. It is important to advise
your employer as soon as possible. The many potential
benefits to which you may be entitled under the workers'
compensation laws, will depend largely on the nature
of your injury; the nature of your work; and the opinions
of your doctor.
If you have questions as to what benefits you may be
entitled to, or if you feel you employer is not responding
in a fair and timely manner, you should contact a lawyer
who is familiar with Minnesota Workers' Compensation
laws.
Sometimes, in addition to workers' compensation benefits,
an employee injured on the job may be entitled to bring
a third party liability claim. This means you may be
able to sue the person who caused your injuries -- if
that person is not employed by your employer.
A third party liability claim provides the injured worker
with an opportunity to be compensated for damages not
covered by workers' compensation. For instance, past
and future pain and suffering.
The most common situations where third party liability
claims may be pursued include:
- Car accidents that occur while the employee is working
within the course and scope of his/her employment;
- An injury that occurs while an employee is working
on a project where a worker employed by another company
causes the injury;
- An injury caused by some kind of defective product.
These are the most common situations where the potential
for a third party claim exists. There also are others.
An experienced personal injury lawyer will be able to
assist you in determining whether you have a possible
third party liability claim. This could provide you
with more benefits than the usual workers' compensation
claim.
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If you have been injured in an accident caused by another
person, you have certain rights under the law.
Frequently insurance companies are eager to settle your
claim by offering to pay for the property damage to
your car, your lost earnings or your medical expenses.
What many insurance companies don't tell you is that
you may also be entitled to damages for disability,
disfigurement, pain and suffering caused by the accident.
If your injuries are permanent, you may be entitled
to damages for medical expenses, lost earnings, disability,
disfigurement and pain and suffering which will continue
in the future -- perhaps for the rest of your life.
Before you settle your claim talk to a lawyer who is
experienced in this field and knows how to evaluate
claims of this kind. This will assure that you are receiving
fair compensation for all damages suffered.
If your injury is a serious one, you should have your
case reviewed so your claim is being fairly evaluated
for past and future damages.
If the insurance company is not offering fair reimbursement
for all of the damages you have suffered, you are entitled
to a trial where your case can be presented to an impartial
judge, jury or arbitrator who will decide the real value
of your claim.
Since most cases in Minnesota must be brought within
deadlines that vary from 1 - 6 years, you should not
delay in seeking legal advice from an experienced lawyer.
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