Posts Tagged ‘Minnesota Car Accident Lawyer’

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Minnesota Car Accident: Herniated Disc

Sunday, November 22nd, 2009

mn-herniated-disc-1 Minnesota Car Accident: Herniated DiscHerniated disc injuries often occur in car accidents, but they are rarely diagnosed in the emergency room because they do not show up on x-rays. A disc can push out into the spinal canal and press against spinal nerves. When this happens it can produce severe neck, arm, back, leg, and / or foot pain. If you have had a car accident and are experiencing sharp pain in your neck, arm, back, leg, or foot, you should see a doctor immediately.

The spinal discs are liquid-filled, donut-shaped cushions. If too much pressure is put on a disc, it can rupture and lose fluid. When the disc loses too much of the fluid, it loses its cushioning capabilities and the spine is compressed at that point. If the disc is irritated and damaged, it can swell and push out into the canal and damage the nerve.

After seeing a doctor, you should contact a Minnesota Car Accident Lawyer. A back injury that leads to a herniated disc can be a long-term problem. Lifelong injuries can lead to chronic pain, depression, and ultimately extensive medical bills. Seek legal advice before it is too late. An experienced lawyer will be able to determine how much compensation you should receive to cover not only your current losses but also all of your future medical expenses.

If you suspect you have sustained a herniated disc in a car accident that was not your fault, call TSR Injury Law at 612-362-0000 or contact us online. Our partners have years of experience fighting for compensation for victims. We will fight for you.


Minnesota Liability Insurance

Friday, November 20th, 2009

mn-liability-insurance-1 Minnesota Liability InsuranceIn Minnesota, all drivers are required to maintain a minimum level of liability insurance in order to operate a vehicle. Liability coverage is to cover costs if you are responsible for the accident. The minimum amount by law is 30/60. That means the maximum the insurance company will cover will be $30,000 per person with a max of $60,000 per accident / incident.

Most people do have at least the minimum coverage of 30/60 and many have even more coverage. If you can afford it, more coverage is recommended. The minimum coverage will probably not cover all of your medical bills if you are at fault in a serious accident, especially if you have any passengers in the car.

If you have questions about insurance, as it relates to your car accident, contact a Minnesota Car Accident Lawyer at 612-362-0000. We can help. If your car accident losses surpassed your coverage, call one of our experienced attorneys. We may be able to access other policies to help with coverage.


Minnesota Cell Phone Usage – Driving While Texting – DWT

Friday, November 20th, 2009

mn-driving-while-texting-1 Minnesota Cell Phone Usage - Driving While Texting - DWTIt is indisputable that cell phones, PDAs, and iPods have led to distracted drivers on the road nationwide. There have been many serious accidents caused by drivers who were driving while texting (DWT):

  • In San Antonio, a public transit bus driver was sending a text message and crashed his 12-ton vehicle into the back of a stopped SUV.
  • The driver of a semi truck revealed he was texting just prior to slamming into a school bus in Florida. One student passenger was killed.
  • A Boston trolley conductor admitted he was texting his girlfriend and did not see the red light. His trolley rear-ended another trolley, injuring 49.
  • In California, a commuter train engineer sent a text message 22 seconds before the train crashed, 25 people were killed and 135 injured. The train failed to stop at a red signal.
  • In Rochester (NY), five teenaged girls were killed in a fiery head-on collision. Local officials said it was due to text messaging.

In the summer of 2008, the Minnesota law banning text messaging went into effect. It is one of the strictest text messaging laws in the country. The law states that:

169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.
Subdivision 1. Definition. For purposes of this section, “electronic message” means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person.

Subdivision 2. Prohibition on use. No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic.

Subdivision 3. Exceptions. This section does not apply if a wireless communications device is used:

  • 1. solely in a voice-activated or other hands-free mode;
  • 2. for making a cellular phone call;
  • 3. for obtaining emergency assistance to:
    • (i) report a traffic accident, medical emergency, or serious traffic hazard, or
    • (ii) prevent a crime about to be committed;
  • 4. in the reasonable belief that a person’s life or safety is in immediate danger; or
  • 5. in an authorized emergency vehicle while in the performance of official duties.

This is a primary offense law, meaning that you can be stopped if you are observed violating the law. The state is not sure how easy enforcement will be. They hope simply by having the law many responsible citizens will refrain from texting while driving. The state is allowing each city to decide on the amount of the fine, up to $300.

Have you been in a car accident where you think the at-fault party was texting? Contact a Minnesota Car Accident Lawyer at 612-362-0000. It is vital to subpoena phone records and interview witnesses. We will aggressively pursue all angles of your case.


Minnesota Punitive Damages Defined and Defended

Friday, November 20th, 2009

mn-punitive-damages-awarded-1 Minnesota Punitive Damages Defined and DefendedPunitive damages is defined as monetary compensation awarded to an injured party that is awarded over and above losses. It is intended to punish the wrongdoer for malicious misconduct. Idealistically, punitive damages are awarded with the hopes that it will also deter the defendant from repeating the offense.

The victim is allowed to collect punitive damages when the defendant has shown a blatant disregard for the lives and safety of others, as in driving drunk.

Punitive damages may be awarded by the judge or jury in addition to actual damages. A jury can determine the amount of the punitive damages but, in Minnesota, the judge can reduce that amount if it is deemed excessive.

Insurance companies rarely pay punitive damages. The defendant is financially responsible. It can be difficult to collect punitive damages; but with an experienced, aggressive Minnesota Car Accident Lawyer, you may be able to collect the damages awarded. Call 612-362-0000 or submit our free consultation form.


Minnesota Independent Medical Exam – IME

Friday, November 20th, 2009

mn-ime-1 Minnesota Independent Medical Exam - IMEAn Independent Medical Exam (IME) is not independent nor is it actually a medical exam. It is more of an oral and visual medical review, often times performed in an intimidating fashion. It is scheduled by the no fault insurance company and the doctor is hired by the defense to find any reason for your insurance claim to be reduced or denied.

The IME is to obtain information and expert opinion for the purposes of litigation, not to provide you with any medical treatment. The doctor will scrutinize your appearance, how you stand, how you walk, how you interact – looking for any possible deception. They will check for any other contributing factors by reviewing your medical history including, x-rays, MRIs, CT scans, lab work, etc.

Some IME doctors are highly professional and try to be objective in reviewing your medical history. But, there are too many IME doctors that are influenced by the fact that they are being paid by the defense; and their reviews are skewed accordingly. As professionals, these doctors make credible witnesses.

The bottom line is that the insurance company is in business to make a profit. The fewer medical bills they have to pay the more profit they make. Be sure to speak to an attorney before you go to an IME. They will provide pointers to protect your rights.

Have you suffered an injury in a car accident? Call a Minnesota Car Accident Lawyer at 612-362-0000 for advice on your car accident case and how to handle your IME.


Minnesota Uninsured Motorist Insurance Coverage – UM

Friday, November 20th, 2009

mn-car-crash-2 Minnesota Uninsured Motorist Insurance Coverage - UMAbout half of the states in the United States require Uninsured Motorist (UM) coverage. Minnesota is one of those states. UM protects you and covers your losses if you are involved in an accident with a driver that does not have insurance. You make a claim against your insurance.

You have the right to file an uninsured motorist claim because you have been paying the premium. It should not affect your premium rate. Most states prohibit rate increases for filing a claim if you were not the “at fault” party.

Uninsured motorist coverage covers most of the losses sustained in an accident, but not all of them. You will need to check your policy. The covered losses usually include:

  • Medical bills
  • Wage loss
  • Pain and suffering
  • Disfigurement
  • Loss of future earning capacity

The types of losses that are not usually covered by UM are:

  • Property damage (collision coverage is necessary to cover the damage to your car)
  • Punitive damages (to punish the offender for reckless behavior)

It is important to contact a lawyer after an accident to discuss your options, protect your rights, and to be sure that procedural requirements are followed so that your claim can be settled in a timely fashion with the best possible recovery.

Have you been in a car accident? Contact a Minnesota Car Accident Lawyer at 612-362-0000. Our attorneys are skilled litigators with years of experience. We will handle all of the insurance issues — you can concentrate on healing.


Minnesota Underinsured Motorist Coverage – UIM

Friday, November 20th, 2009

mn-car-crash-3 Minnesota Underinsured Motorist Coverage - UIMMany people buy an inadequate amount of liability insurance coverage — not nearly enough to cover the damage done by most collisions. Underinsured Motorist Coverage (UIM) is necessary because of the skyrocketing costs of medical care and the high costs of vehicle repair / replacement. UIM is optional, typically not required by law, but it can be a financial lifesaver.

UIM is similar to gap insurance. It provides another layer of protection. It will help cover the costs that medical insurance or the at fault driver’s insurance does not pay due to limits. The coverage may include:

  • Medical expenses
  • Property damages
  • Lost wages

In Minnesota, there is no stacking of policies allowed and the payment of UIM is less the amount already paid by the insurance policy of the at fault party. See Minnesota Statutes 65B.49

Dealing with insurance companies on your own is intimidating and a David vs. Goliath scenario if you do not have an experienced Minnesota Car Accident Lawyer on your side. Insurance companies are in the business to make money. Their attorneys are already at work on your case searching for loopholes and any reason to reduce, deny, or defend against your claim.

Are you still recovering from a car accident? Contact a Minnesota Car Accident Lawyer at 612-362-0000. Our attorneys are excellent at establishing fault and proving liability.


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