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Serious Injury Claims

What is recoverable?

Minnesota Law allows for recovery of six elements of damage in most personal injury claims:

Past Medical Expense

This is typically the total medical expense that exceeds the no-fault medical expense benefits paid.

Past Wage Loss

Benefits beyond no-fault up to the time of trial.

Past Pain and Suffering

Up to the time of trial.

Future Medical Expense

Medical care that is reasonably certain to occur at any time in the future

Future Loss of Earning Capacity

The inability to engage in certain types of work may reduce the earning power of the injured person.

Future Pain and Suffering

Loss of enjoyment of life over the course of the expected life span of the injured person.

Serious Injury: No-Fault Benefits

What is available to injured claimants?

Insurance will be available from your own auto policy or the policy of the vehicle in which you were riding provides benefits for:

Medical Expenses ($20,000 limit)
Wage Loss ($250/wk. max.)
Replacement Services
Primary Homemaker Benefits

View the Minnesota Statute relating to No Fault benefits in Injury cases: Minn.Stat.§65B.44

Early accident reconstruction is often critical to the outcome of serious injury and death cases. The first few days following an accident can mean the difference between success and failure of the civil claims. Law enforcement will usually measure and mark the scene of an accident, and the markings and physical evidence will remain for a few days on the roadway.

By retaining an experienced personal injury lawyer within the first few days, your counsel can bring in their own expert accident reconstruction to preserve the evidence and obtain the best foundation to prove fault and protect your claims. Investigators can be brought in to interview witnesses before the insurance company adjusters obtain statements.

Significant injuries and death cases will cause the insurance companies to act quickly to find ways to defend the claims and minimize what they pay. By acting quickly an experienced injury lawyer can preserve the evidence and assure the success of the claim.

 

Experience - In Cases Just Like Yours.

The sample cases described here are examples of the serious injury cases we have handled and illustrate how we have been able to help our clients prevail. Every case is unique, but these real-life examples can help you understand that the complex issues you are sure to face have been successfully resolved before, for people just like you.

Climbing facility staff causes customer broken hip.

Location :: Mankato

Matt had never climbed at an indoor climbing facility before and relied on the supervising staff person to secure his rope. After he fell and broke his hip the wall’s insurance company claimed it was all Matt’s fault. A witness happened to catch part of his climb and fall on videotape, and analysis of the video by a national authority on climbing safety demonstrated Matt had been tied in improperly, causing his fall. A jury found in Matt’s favor and awarded over $200,000.

Traumatic brain injury from car accident.

Location :: Winona

Twenty-three year old Elizabeth was definitely a type-A person, organized, neat and always on top of her busy schedule. After her accident she was different. She couldn’t remember things like before, her friends said she was temperamental, and she just could not concentrate. Elizabeth suffered a traumatic brain injury (TBI) when a car ran a red light and broadsided her. By working with Elizabeth’s doctors we could show her injuries were very real and had changed her life forever. Elizabeth was able to settle her case and structure the payments to help supplement her income for years to come.

Delivery van cuts corner and hits motorcycle.

Location :: Glencoe

Ray was enjoying a Saturday cruise on his Harley Davidson with his girlfriend. Riding and spending time with his girlfriend, Lisa, were his favorite things. A delivery van pulled from a stop sign, turning right into Ray and shattering his pelvis. Incontinence and sexual dysfunction robbed him of his intimacy with Lisa, and he could never ride again. The large delivery company would not accept responsibility for the driver’s negligence. After winning several critical pre-trial motions, Ray’s case settled two weeks before trial for a confidential amount.

Passenger paralyzed in single vehicle rollover.

Location :: Burnsville

Dawn was a passenger in a pickup driven by her husband, Don. While traveling home from a weekend with family Don fell asleep at the wheel and the truck left the interstate and rolled. Dawn severed her spinal cord causing paraplegia. In Minnesota, an insurance claim can be made by one family member against another family member for negligence. At first Dawn was reluctant because she felt bad for making a claim based on Don’s negligence. By limiting the claims to only seek the available insurance, Dawn’s concerns were assuaged. A significant recovery was made against Don’s liability insurance, which helped provide for Dawn’s extensive medical needs in the future.

Wrist injury threatens computer career.

Location :: Rochester

Kara was a single mom worried about how she would ever put her two young girls through college someday. She put herself back through school, earning a computer programming degree and beginning a new career. When a day-dreaming driver crossed Highway 52 and collided with Kara’s car her dreams were in doubt. Kara’s doctors said the ligament damage in her wrist may need to be surgically fused which could cost her the career she worked so hard for. The insurance company wanted to pay less than $50,000. By working with Kara’s doctors and vocational experts, we were able to show how serious Kara’s injuries were and how they were threatening her career. On the eve of trial the insurance companies settled Kara’s case for over $700,000, protecting Kara’s dream of putting her daughters through college.

Livestock in road causes serious accident.

Location :: Faribault

Mike had driven that road a million times, but he had never encountered a horse in the middle of the road. The accident shattered his hip and arm, costing him a whole season of work. The horse’s owner and the owner of the property where it was boarded both claimed they were not responsible for the animal being out. Quick and thorough investigation showed the fencing was inadequate to enclose the animals. Mike case was settled before trial for over $500,000.

Personal Injury Minnesota

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