Posts Tagged ‘Minnesota Car Accident’

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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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