Archive for the ‘Replacement Services’ Category


Minnesota Car Accident: Coup Contrecoup Injury

Sunday, February 7th, 2010

mn-neck-injury-1 Minnesota Car Accident: Coup Contrecoup Injury Coup and contrecoup injury can occur even in a relatively minor accident. If the head snaps, front to back or side to side, the brain will slam and recoil against the skull. The majority of head trauma hospitalizations are car accident related and classified as minor injuries; that is, no or only momentary loss of consciousness, no major complications, and no intracranial surgery.

A coup and contrecoup injury:

  • is defined as bruising at both the impact site and the opposite side of the brain
  • occurs when the force of the impact causes bruising at the impact site and further bruising on the opposite side of the skull
  • can occur individually or together
  • are considered a focal injury rather than a diffuse injury

Coup contrecoup is classified as a traumatic brain injury (TBI). In the United States, a traumatic brain injury occurs every 15 seconds and it is one of the leading causes of death for people under the age of 45. The long-term impact of a traumatic brain injury can range from full recovery to a life time of disability. A study by Rebecca Rimel, published by Neurosurgery, addressed disability issues associated with minor head injury. For the parameters of the study, minor head injury was defined as 20 minutes or less of unconsciousness, a Glasgow Coma Scale score of 13-15, and less than 48 hours of hospitalization. The statistics from the study are dramatic.

424 patients who sustained minor head trauma were evaluated 3 months after injury in the following areas:

  • history of events since the accident
  • assessment of subjective complaints
  • objective measures such as employment status
  • a neurological exam
  • a psychosocial assessment designed for estimating life stress
  • a neuropsychological test battery to measure higher cortical function

Of these 424 patients, 79% complained of persistent headaches, and 59% described problems with memory. Of the patients who had been gainfully employed before the accident, 34% were unemployed 3 months later. The most striking observation is the high rate of unemployment in patients 3 months after a seemingly insignificant head injury and the evidence that many of these patients may have, in fact, suffered organic brain damage. (Neurosurgery 9:221-228, 1981)

This study again shows that there is no such thing as a mild brain injury. When a person sustains a brain injury in a car accident, truck accident, motorcycle accident, bicycle accident, or pedestrian accident; their life is forever changed.

There is no way to put a price tag on a coup contrecoup injury. How do you assess value to change in personality, change in ability to concentrate, loss of drive, and permanent disability? It is disheartening to have an injury that total changes your life — and then have people label it as mild or negligible.

If your coup contrecoup injury is the result of an accident, that was not your fault, you do have legal recourse. Our Minnesota Traumatic Brain Injury Lawyers are experts in the area of coup contrecoup TBIs. We will fight for a generous and fair settlement for your injuries. Call 612-362-0000. See our video center for more information on traumatic brain injuries.


Minnesota Car Accident: What Does Fault Have to Do with It?

Saturday, December 5th, 2009

mn-law-books-1 Minnesota Car Accident: What Does Fault Have to Do with It?No fault insurance coverage pays for medical bills (up to the limits provided), replacement services, lost wages, retraining, and funeral expenses. You are covered whether you were at fault or not. You are covered by your no fault coverage no matter whose car you were in at the time you were hurt. The state of Minnesota enacted the no fault insurance to speed up the payment process. The court does not have to determine fault before the out-of-pocket expenses are paid by the insurance company. Sometimes it works.

If you want to make a claim for pain and suffering or disability, against the person who caused the accident, you will have to prove the other person’s fault was greater than your own. In many cases, that is not difficult — like most rear-end collisions. But in some cases, it is your word against their word about how the accident happened. In those cases, the judge or jury has to decide the degree of fault for each of the involved parties.

In every accident, the law says the fault of the involved parties has to add up to 100%. In a jury trial, the jury will determine the percentage of fault. Here is how it plays out:

The jury awards you $500,000 for an injury that left you with a limp. It was determined that you were without fault. You will receive $500,000.

A jury awards you $200,000 for your injuries, lost wages, and pain and suffering. Then the jury determines that you were 20% at fault. The amount of your settlement is reduced by 20%, making the total you actually receive $160,000.

If the jury determines your percentage of fault to exceed 50%, no matter how badly you were hurt, you receive nothing.

Nearly half of the time, legitimate requests for payment are denied by the insurance company. There are other instances where the injured person is not aware of the extent of coverage available; they do not request payment and the insurance company will not usually volunteer to pay.

The bottom line is that in any car accident with injuries, it is wise to contact a personal injury attorney to ensure that your rights are protected, that you receive the compensation you need and deserve, and to ensure that all available insurance will be accessed. Our attorneys have successfully represented and fought for clients in hundreds of car accident injury cases, resulting in many large settlements and verdicts. Contact one of our Minnesota Car Accident Attorneys at 612-362-0000.