Why Victims Have the Burden of Proof in a Personal Injury Claim

chalkboard with burden of proof written on itWhen people get injured because of another person’s negligence or reckless conduct, they may be able to recover compensation for damages that occur. However, victims cannot recover compensation unless they prove their injuries were a direct result of the other party’s negligence.

In other words, the burden of proof in these claims falls on the victim. The victim needs to provide evidence for his or her claim and evidence of the damages he or she suffered. If the case makes it to trial, the jury will need to decide if the victim’s claims are true based on the preponderance of the evidence.

Below, the experienced lawyers at TSR Injury Law discuss the burden of proof in personal injury claims. One of the most important takeaways for injured victims is that proving a case is a complex task that requires extensive knowledge of the law. You also need an experienced attorney who has handled a variety of cases.

At our firm, we have advocated for the injured for decades. We have secured more than $1 billion on behalf of our clients in Minnesota. Our Bloomington personal injury attorneys charge no upfront fees, and we manage each part of the legal process on your behalf.

Free consultation. Call to discuss your claim: (612) TSR-TIME.

Defining the Burden of Proof

One way to think about the burden of proof is that it is the minimum standard you must satisfy to legally establish a fact in court.

The minimum standard varies depending on the type of case. For example, in a criminal case the standard is guilt beyond a reasonable doubt. In a civil case, such as a personal injury case, the standard is the preponderance of evidence. Injured victims must prove the different elements of their case by the preponderance of the evidence.

Another way to think about the term preponderance of the evidence is that what you are claiming is more likely than not. If a jury believes a plaintiff’s claims are at least 51 percent true, the victim has met the preponderance of the evidence standard.

Why is the Burden of Proof on the Victim?

The burden of proof is on the victim in a personal injury claim because he or she is the one seeking compensation for damages. The defendant, which is often an insurance company in a personal injury case, is not obligated to prove their version of events is true. They can simply attack the evidence and argue it is not true.

It can be helpful to imagine if the roles in your case were reversed. What if another party is claiming you caused them to be injured even though you did not? Proving something did not happen is difficult. Therefore, the plaintiff has the burden of proving that you caused them to be injured.

The way this is set up helps to protect people from potentially being taken advantage of. Although many people are injured due to the negligence of others, there are people who attempt to commit fraud and take advantage of people who did not do anything wrong.

Satisfying the Burden of Proof in a Personal Injury Case

In a personal injury case, you must prove negligence occurred. Negligence is a legal concept that has four elements.

Duty of Care

You must establish that the at-fault party owed you an obligation to take reasonable steps to prevent you from getting injured. For example, drivers have an obligation to follow the rules of the road and not engage in reckless behaviors. A specific example of this is not driving while drunk.

Breach of a Duty of Care

When someone does not uphold a duty of care, it is said they breached the duty of care. Their actions or, in some cases their inaction, caused a duty of care to be breached.

If a driver could have avoided a collision by hitting his or her brakes and he or she failed to do so, it could be said that his or her inaction caused a duty of care to be breached.

Causation

This element could be considered the crux of a personal injury case. You need to draw a direct link between the breached duty of care and your injuries. You need to show that you would not have been injured had it not been for the negligence of the party you are seeking compensation from.  For example, if you were in a crash but were already scheduled to have neck surgery, it would be difficult to argue the crash caused the need for the surgery.

Existence of Damages

Even if there was a breach of the duty of care, there is no case unless you can prove you suffered damages. If you do not have medical expenses or lost wages, there is no case. The defendant may have acted negligently, but the purpose of a personal injury claim is to recover compensation for damages suffered due to the negligence of another party. If there are no damages, there is no compensation to recover. If a drunk driver hits you, but you are not injured, you do not get a claim for injuries because “I could have been hurt.”

Challenges of Building a Strong Case

There are various pieces of evidence you will need to prove your case and have a chance to successfully recover compensation. For example, you need evidence of your damages, including:

  • Medical records showing your diagnosis and relevant test results
  • Evidence of the wages you lost while you were unable to work
  • Documentation of the damage to your vehicle and the cost to repair the damage

You must also provide evidence of the breached duty of care and evidence connecting the breach to the injuries you suffered. This can be the most challenging part of a personal injury claim. This is often done with evidence like pictures from the scene, pictures of your injuries, documentation of the opinion of your treating doctor, eyewitness testimony if it is available, and potentially more, like:

  • Testimony from expert witnesses, such as medical experts and accident reconstruction experts
  • Video footage of the crash
  • Statements from the victim and others in his or her life about the injuries

As building a case is a complex process. There are so many details to think about that it is best to leave the case in the hands of an experienced lawyer who has been through the process many times before.

Injured victims who attempt to go through the process on their own do not consider all the things that can come up during a case. At TSR, we are prepared because we have been representing the injured in Minnesota for decades.

Contact TSR Injury Law Today to Learn More About Our Services

The burden of proof in an injury claim falls on the victim. The good news is you do not need to build a case on your own. You have the right to hire an attorney to help you.

Your choice of an attorney is an important decision. You need a lawyer who has proven results and has the resources and legal knowledge to guide you through each stage of the process.

There are no upfront fees for our services. The initial consultation is free of charge.

TSR Injury Law is here to help injured victims. Call (612) TSR-TIME.

Misconceptions About Rejecting a Settlement Offer After a Car Crash

putting hands up and refusing a penCar crash victims are often afraid to reject a settlement offer made by the insurance company. They may think that if they reject a settlement offer, they will not get any compensation for their damages. This could be because the insurance company made some misleading statements. There are also a lot of common misconceptions that people believe about the legal process.

Below, we discuss what it means for a crash victim to reject a settlement offer and why rejecting the first settlement offer is the best move. The first settlement offer from the insurance company is always far below the full value of the victim’s damages.

At TSR Injury Law, we have secured favorable settlements for car crash victims for more than two decades. Our services come at no upfront costs. There is also no obligation to take legal action after the initial consultation with one of our licensed attorneys.

Contact TSR Injury Law today to discuss your claim: (612) TSR-TIME.

What You Need to Know About Rejecting a Settlement Offer

The first settlement offer that insurance companies make is often far less than the full value of your claim. It may be tempting to accept this offer because you know you will get compensation.

However, once you accept a settlement offer you cannot recover any more compensation. You do not want to be left paying for your damages out of your own pocket. That is why it is always best to reject the first settlement offer.

Rejecting a settlement offer does not mean your claim is closed. In fact, rejecting a settlement offer is just the beginning of negotiations.

You may be able to get the insurance company to offer more compensation, especially if you hire a lawyer to negotiate on your behalf. You want a lawyer with courtroom experience, so the insurance company knows you are serious about getting more compensation and they understand the consequences of not making a fair offer.

Our attorneys understand that crash victims often have many questions about their rights, legal options and the value of their claims. We know how to answer these questions and an initial consultation with one of our lawyers is free of charge.

Should You Reject a Settlement Offer on Your Own?

Although you are within your rights to reject a settlement offer, you should not do so alone. It is better to discuss the situation with an attorney and allow him or her to reject the offer on your behalf, if rejecting the offer is the best course of action.

If you reject an offer on your own, the insurance company may ignore you and not negotiate in good faith.  There is no fear of a lawsuit and yelling at the defense attorney for a fair offer will not work.   There is a better chance of receiving a follow-up offer if you are represented by an experienced attorney.

How Do You Know if a Settlement Offer is Inadequate?

This is a complex question, and you need to know a lot of information to come up with an answer. It is difficult for crash victims to gather all the relevant information and analyze it appropriately. That is why you should give serious consideration to talking to a lawyer about it.

If a claim is not worth a significant amount of money, the victim may be able to get full compensation from the insurance company on his or her own.  A thousand-dollar claim is still worth the same with a lawyer.

However, if you need significant compensation for your damages, you need experienced legal help. In these situations, insurance companies are highly unlikely to make a fair offer. The first offer is very likely to be far below the value of your claim. You may need tens of thousands of dollars for medical treatment and lost earning capacity, but the insurance company may only offer $5,000.

One of the benefits of working with an experienced lawyer is that he or she has handled claims that are like yours and know the true value of the claim based on hundreds of other cases that are similar and settled over time. This provides an experienced attorney invaluable insight into determining what your claim may be worth.

Dangers of Accepting a Settlement Offer

Sometimes insurance companies lead victims to believe they are going to receive full payment of their claim later. For example, you may sign a document and receive some money from the insurance company with the assurance that more will be coming.

However, this is not true because once you sign a settlement offer, you sign away your right to try to obtain more compensation from the insurance company, either through a settlement or a lawsuit.  Some insurance companies are notorious for offering a few thousand and suggesting you call back if more is needed later.  This is not the law and once a release is signed, there is no “call back later” compensation.

If you have any questions about a settlement offer or think that rejecting the offer and holding out for more money is the best option, you should discuss it with a licensed attorney. While compensation cannot change what happened in the crash, recovering full compensation is so important in the aftermath of a serious injury. Your life has been turned upside down and without full compensation, it is going to be very difficult to move forward.

Call to Set Up Your Free Legal Consultation

You may think you can handle a car crash claim on your own. However, there are a lot of things you may not have considered. Your injuries could be worse than you realize. If the insurance company does not offer enough compensation, it is going to be very difficult to get them to make a better offer without a lawyer.

It costs nothing to discuss your legal options in a free consultation with a Bloomington car accident lawyer from TSR Injury Law. We also do not get paid unless our clients get paid.

Free consultation. Millions recovered. Call (612) TSR-TIME.

What Are Pain and Suffering Damages in an Injury Claim?

Current image: doctor with patient with back pain

Car crash injuries can take a tremendous physical and psychological toll on victims. Everyday life can be painful and uncomfortable, causing victims’ mental health to suffer.

At TSR Injury Law, we understand the wide-ranging effects of a car crash injury. We have helped many crash victims secure full compensation for their damages, including compensation for their pain and suffering.

Below, we discuss what may potentially be included in a claim for pain and suffering. If you were injured in a vehicle crash, call us to schedule a free legal consultation. We may be able to seek compensation on your behalf, at no upfront cost to you.

TSR Injury Law. Experienced Lawyers. Free Consultation. (612) TSR-TIME

What is Pain and Suffering?

Pain and suffering is a term that refers to the physical and emotional effects of a personal injury.

Physical Pain and Suffering

Physical pain and suffering refer to the physical pain and discomfort caused by an injury. This can be the pain and discomfort you experience soon after the injury or in the future.

For example, injury victims could experience pain and discomfort because of:

  • Neck injuries
  • Headaches
  • Broken bones
  • Traumatic brain injuries
  • Damage to nerves
  • Paralysis
  • Back injuries
  • Joint injuries
  • Damage to internal organs

Emotional/Psychological Pain and Suffering

This refers to the damage to your mental and psychological health from a personal injury. Injured victims may become depressed because of their new physical limitations. For example, victims who are paralyzed by an injury may struggle to adjust to their new life.

Other examples of emotional/psychological injuries that may result from a physical injury include:

  • Shock
  • Humiliation
  • Mental anguish
  • Emotional distress

In some cases, the mental health issues are so difficult the victim is unable to work or must work in a limited capacity.

Personal injuries can also cause lost enjoyment of life because you cannot take part in the activities you once enjoyed. For example, a brain injury or spinal cord injury could cause permanent impairment that makes it more difficult or impossible to participate in leisure activities, such as sports or outdoor activities with your children.

If you were seriously injured in a car crash, the Bloomington vehicle accident attorneys at TSR Injury Law are committed to seeking full compensation, including compensation for pain and suffering. We can discuss pain and suffering and other damages in a free legal consultation.

Proving Your Pain and Suffering

When you seek compensation for medical expenses, you can present bills and receipts to prove the cost. Your medical records can also be used to prove the existence of the injury that created those expenses. However, the value of pain and suffering is subjective, as there is no objective evidence to prove its value.

Fortunately, there are many ways to establish the existence of pain and suffering and methods for calculating the value of pain and suffering. For example, if you are dealing with psychological trauma and are seeing a mental health counselor, records of these visits could be used to document your emotional or psychological suffering.

Your lawyer may ask you to keep a journal in which you document how your injuries affect you each day. For example, you could note your pain level on a scale from one to 10 each day. You could talk about difficulty sleeping and the stress and anxiety you feel about recovering from your injury.

If you are not able to participate in some of the same activities that you did before your injury (playing sports, exercising, running, playing with your children outside, etc.), your lawyer may ask you to provide evidence that you used to do these things. For example, pictures of you engaged in these activities may help. Testimony from people in your life about the enjoyment you got from these activities may also be helpful.

Your medical records may also help your lawyer to document physical pain and suffering. For example, if you have been going to physical therapy, the therapist will need to assess your physical abilities at the start of therapy. As you continue getting treatment, the therapist can note any improvement. He or she can also take note of movements that cause pain and your level of pain.

Assigning a Value to Pain and Suffering

This is something your lawyer can discuss with you as he or she is building your case. However, there are different methods that could be used to determine what pain and suffering is worth. For example, there is something called the multiplier method, in which the value of your economic damages is multiplied by another number and the result is the value of pain and suffering.

There is also the per diem method in which a dollar amount is assigned to each day of the victim’s pain and suffering.

However, you cannot simply apply a formula without considering the many factors that affect the value of a pain and suffering claim, such as:

  • Severity of the victim’s injuries
  • Whether doctors support the victim’s claims about physical and emotional pain and suffering
  • If others in the victim’s life (family, friends) back up the victim’s claims about pain and suffering
  • If the victim receives an official diagnosis of a mental health issue, such as anxiety or depression
  • Steps the victim has taken to mitigate pain and suffering
  • And more

Call TSR Injury Law After a Car Crash Injury

If you suffered an injury in a car crash and you are going to need treatment for weeks or months after the collision, you should consider talking to an experienced attorney. Recovering full compensation can be a challenge, as insurance companies are looking for some way to deny or at least underpay your claim.

Our attorneys have taken on insurance companies for a long time and have a track record of success. There are no financial risks with our services, as there are no upfront fees, and you are not obligated to hire our firm after a free initial consultation.

Have questions about your claim? Call us today: (612) TSR-TIME.

Seeking Compensation After Suffering Internal Organ Damage in a Car Crash

dialysis machine in hospitalThe body experiences a significant amount of trauma during a collision.

For example, you could suffer internal injuries that could be life-threatening. Your organs could get so significantly damaged that they shut down. You could bleed internally, such as in the brain. One of your lungs could get punctured, making it difficult for you to breathe.

Below, we discuss internal organ damage and other internal injuries that may occur in a crash. If you suffered internal damage in a crash, the first thing you need to do is seek treatment.

Finding an experienced Bloomington auto accident lawyer to help you sort through your legal options is also an important step. Even though your injuries are clearly serious, the insurance company is still going to downplay them. They may try to deny or underpay your claim. You need someone with vast experience in car crash cases to help build a strong case and aggressively pursue full compensation.

TSR Injury Law is ready to help. Call us today to learn more: (612) TSR-TIME.

Internal Injuries That Often Occur in Car Crashes

Internal injuries can be life-threatening. That is why it is important to seek medical treatment as soon as possible. There are treatment options for these injuries, but if you wait too long, the injury could get much worse.

Damage to the Liver

Sometimes the liver gets torn open during a car crash, resulting in internal bleeding. This needs to be dealt with quickly to prevent a life-threatening situation.

Damage to the Kidneys

Your kidneys could also suffer damage in a crash if your lower back gets hit hard enough. Sometimes kidney damage results in internal bleeding, other times victims may need a kidney transplant. If a transplant is unavailable, the victim is going to need to go on dialysis.

Traumatic Brain Injuries

Whether you hit your head on something or not, you could suffer a brain injury in a car crash. For example, you could suffer a concussion if your head gets thrown forward. Your brain hits the inside of your skull similar to shaken baby syndrome.

A brain injury could result in bruising or even bleeding. If bleeding is severe enough, victims may need surgery to relieve the pressure and prevent a life-threatening situation.

Broken Ribs

A blow to the chest during a collision could cause your ribs to fracture. These injuries make it hard to breathe and limit your mobility. One of the things to watch for with these injuries is damage to surrounding tissues or organs. If this happens, surgery may be necessary to repair the damage.

If surgery is not necessary, it may take weeks or months to fully recover from these injuries.

Lung Puncture

A fracture to your ribs could result in a punctured lung, affecting your breathing. Air can flood your abdominal cavity, which can be life-threatening if not treated right away. A lung puncture is also called pneumothorax.

Rupture to the Spleen

If your spleen gets ruptured, you may suffer extensive internal bleeding. Immediate treatment of this injury is essential.

Rupture of the Abdominal Aorta

The abdominal aorta can get ruptured if the stomach gets crushed in a car crash. If this happens, the result is more than likely fatal.

Symptoms of Internal Injuries

There are some common symptoms of an internal injury, such as internal bleeding. These symptoms include:

  • Pain in the stomach
  • Fatigue
  • Pale complexion
  • Feeling lightheaded
  • Feeling thirsty
  • Blood in your urine or stool
  • Dark purple skin on your abdomen
  • Feeling nauseous
  • Rapid heart rate
  • Weakness
  • Other signs of shock that may indicate an internal injury

Treatment Options for Internal Injuries

In extreme cases, an organ transplant may be the only option for an internal organ injury. Sometimes doctors need to do surgery to repair internal bleeding. Once this is done, the victim is likely to recover, unless there were complications during the procedure, such as an infection or damage to surrounding tissues. There also may be problems with the victim’s body not accepting an organ transplant.

If you have symptoms that may indicate an internal injury, you need to get treatment right away. If you wait, you could be putting your life at risk.

Compensation for Internal Injuries

If you suffered an internal injury in a crash caused by a negligent driver, you may be eligible to obtain compensation for the damages you suffered.

Cost of Medical Treatment

This includes the cost of treating and stabilizing your injuries. It also includes the cost of ongoing treatment. For example, you may need treatment after an organ transplant to make sure your body is adjusting properly.

Lost Wages

You may be unable to work while recovering from an internal injury. Our attorneys are prepared to pursue all lost wages.

If your injury hurts your ability to work long-term, we may also be able to pursue loss of earning capacity.

Pain and Suffering

The physical pain from an internal injury can be significant. There may also be a psychological component as victims may struggle to get sleep and become depressed or anxious.

Call TSR Injury Law to Discuss Your Car Crash Claim

Have you been injured in a collision with another vehicle?

We are ready to help you seek full compensation for all your medical treatment, lost wages, property damage and other damages you may have suffered.

At TSR Injury Law, there are no upfront fees with our services. We do not get paid unless you get paid. The initial legal consultation is free of charge.

Have legal questions? Call (612) TSR-TIME. We are here to help.

Can an At-Fault Driver Avoid Liability By Claiming Brake Failure?

auto mechanic assembling brakesYour brakes are one of the most important parts of your car. If they fail to stop your vehicle or do not work properly, a dangerous collision will result.

That said, drivers cannot typically blame a crash on failing brakes. The reason for this is that brakes rarely fail without exhibiting some type of warning signs. This means the driver of a vehicle with brake failure would probably have known his or her brakes needed maintenance, repair or replacement long before they actually “fail”.

If the driver who caused a crash knew there were problems with his or her brakes, he or she is liable for damages. For instance, a driver may have known his or her brakes needed maintenance because they made unusual noises when trying to stop. Another example might be is if the driver received a vehicle recall for a brake issue or a mechanic told the driver the brakes needed to be serviced.

Below, we discuss liability for a crash caused by failing brakes. At TSR Injury Law, our Minneapolis car crash lawyers offer a free legal consultation and there is no obligation to hire our firm after meeting with us. There are also no upfront fees for our services.

Schedule your free consultation today by calling (612) TSR-TIME.

Why Brake Failure Happens

The brakes in your vehicle will not last forever. The age of your brakes combined with how you use them can cause components to wear down and become less effective. That is why your brakes should be regularly checked and serviced according to your vehicle maintenance schedule.

There are times, however, your brakes might wear down sooner than expected. Drivers may find out about this in a number of ways. In newer cars, your vehicle may have a warning light for your brakes. If that light comes on, you should be sure to get your car to a mechanic as soon as possible.

Drivers also need to take notice of any strange or unusual noises that sound when they apply their brakes. For example, screeching, squealing, grinding or squeaking noises could indicate worn brake pads or shoes. If your brakes feel a little too loose or spongy, it could also be a sign of wear and tear.

Another sign of possible brake trouble may be if you see a trail of yellowish-to-brown-colored leaks coming from the underside of your vehicle. These should always be investigated right away. It is possible the leak is brake fluid, which could impair the proper functioning of your brakes and make a crash much more likely.

In addition to unusual sounds or leaking brake fluid, other signs of malfunctioning brakes could include:

  • A burning smell
  • Your vehicle moving to one side when you hit the brakes
  • Your steering wheel shakes or roughly vibrates when brakes are applied

However, even if you get your brakes serviced, it will not matter if the mechanics do poor work. That is why it is important to only allow qualified mechanics to work on your vehicle. Some people only allow the dealership to work on their vehicles, while others may use certified mechanics to do any maintenance or repairs.

Sometimes the brakes installed on a vehicle might have been made with defective or low-quality parts. They may also have been poorly designed. If known, these defective parts may result in a recall of brake components.

Brake Failure in Commercial Trucks

While brake failure creates a crash risk no matter the size of the vehicle, it is particularly dangerous with commercial trucks. These vehicles are large and heavy, so if they cannot slow down or stop when needed, the results can be catastrophic for any passenger vehicles in their path.

Commercial truck brakes can get worn out from overuse or improper use. For example, drivers need to be careful about the overuse of brakes on inclines or when going downhill.

Truck brakes may also be much less effective if the trailer on a commercial truck is overloaded. The extra weight can make it harder for the truck to stop.

Believe it or not, commercial truck brakes may also be less effective when the truck is not carrying any cargo or when it has no trailer. The reason for this is that the brakes of a large commercial vehicle are designed and calibrated to stop a fully loaded trailer. An empty truck also has less traction than one that is fully loaded. This means it takes more time and a longer stopping distance for an empty truck to stop than for one that is fully loaded. Additionally, a truck driver operating an empty vehicle could lose control if he or she slams on the brakes too hard or too quickly.

Liability in a Brake Failure Crash

One of the central questions in a brake failure crash is whether the driver of the vehicle with failing brakes knew there was a problem. If the driver knew or should have known, then he or she cannot use failing brakes as an excuse to avoid liability for the collision. If the driver did not know or could not have known, he or she may not be fully liable for damages from the crash.

Other parties that may bear liability for a collision due to brake failure may include:

  • Vehicle or vehicle parts manufacturers, such as if a part was defective
  • Commercial truck drivers
  • Commercial truck companies
  • Cargo-loading companies
  • Mechanics or auto repair shops for doing poor work or not repairing worn brakes

Even if the driver or another liable party knew or should have known about problems with the brakes, the victim and his or her attorney will still need to prove it. For example, your lawyer may be able to obtain maintenance records or information about an open recall. An analysis of the vehicle by an accident reconstruction expert may also show that issues with the brakes were preexisting.

Injured in a Minnesota Car Crash? Call Today

Our attorneys have been assisting crash victims for many years. We know this is a difficult time and we are committed to taking on the insurance company on your behalf. We know how important it is to obtain full compensation for damages from a car crash.

TSR Injury Law. No upfront fees. Call: (612) TSR-TIME.

Can Injured Victims Seek Compensation for Alternative Medicine?

massage therapist's officeMany injury victims entrust all their treatment to medical doctors. However, some victims may complement that treatment with holistic/alternative medicine. They may be seeking relief from pain, such as pain in the back, neck or joints. Alternative medicine may also be sought to help with fatigue or to regain strength.

While these treatments might provide relief, the insurance company may try and deny compensation.

Below, we discuss alternative treatment for personal injuries. If you have made use of these treatments, you should discuss them with an experienced attorney to see if you may be able to obtain compensation for them. If you can prove you benefitted from the treatment, there may be a chance you can recover compensation for your damages.

At TSR Injury Law, an initial consultation with a Minneapolis personal injury attorney is free of charge. We have obtained more than $1 billion on behalf of our clients in a wide variety of cases. We are committed to securing full compensation for your medical treatment, lost wages and other damages.

What are the Common Types of Alternative/Holistic Medical Treatment?

Alternative medicine includes a wide variety of treatments. For example, some injured victims may visit a chiropractor to help them with back pain or neck pain.

Chiropractors may do a spinal adjustment to provide pain relief from a back injury. Spinal manipulation may also be done to help improve range of motion. These treatments may help with various injuries, including whiplash.

Other examples of chiropractic treatments include trigger point therapy, myofascial release and massage.

Some other forms of alternative/holistic medicine may include:

  • Acupuncture
  • Massage therapy
  • Cupping
  • Homeopathy
  • Intravenous vitamin supplementation
  • Tai chi
  • Yoga
  • Body movement therapy
  • Herbal medicine
  • Meditation
  • Hypnosis

While more research is needed, so far, studies have shown that acupuncture provides some benefits to patients. Acupuncture may help to relieve pain in your neck and back and pain you experience after surgery.

This treatment involves the insertion of needles into certain places to stimulate the nervous system. It is thought that inserting these needles helps stimulate the body’s ability to heal.

Treatments like massage therapy, yoga and Thai chi may help to improve mobility. These treatments may also help with pain management. Some victims may turn to meditation or hypnosis to deal with psychological trauma caused by the accident itself. These treatments in combination with counseling from a licensed mental health professional may help.

Herbal supplements are not regulated by the FDA and there is not a lot of research about their effectiveness. However, there are various claims about supplements like turmeric, which some claim has helped to reduce their inflammation.

Proving You Benefitted From Alternative Medicine

It may be challenging to prove you benefitted from alternative or holistic medicine. Doctors and insurance companies are likely to attribute decreased pain or improvements in other symptoms to traditional treatment.

However, some doctors may acknowledge the benefit of some alternative treatment. If you are getting alternative treatment and think it helped you, make sure to inform your treating doctors. They may note it in your medical records, which may help strengthen your claim for compensation.

If a doctor recommends stretching to help with limited mobility, you may have a tough time doing stretches. However, if you receive massage therapy that allows you to do stretches, doctors may recognize the benefit of massage therapy.

Sometimes doctors might recommend alternative treatment to supplement traditional medicine. Proof of a doctor’s recommendation for things like acupuncture or massage therapy could help strengthen your claim for compensation. Insurance companies may have a much harder time arguing against doctors.

It is important to note you likely have a better chance of recovering compensation for alternative medicine if you are also getting traditional treatment. If you are only using holistic medicine, the insurance company may be more likely to argue you are failing to mitigate your damages.

Schedule Your Free Consultation Today to Discuss Your Claim

If you have any questions about your claim or the advantages of experienced legal representation, call us today. We have been representing those injured by the negligence of others for decades.

There are no upfront fees for our services. We do not get paid our fees unless you receive compensation. There is also no charge for an initial legal consultation with an attorney.

Contact us today. We are here to help: (612) TSR-TIME.

Who May Be at Fault for Causing a Sideswipe Crash in Minnesota?

car that was in a sideswipe collisionWhen drivers are not careful changing lanes, it can result in a sideswipe crash. While some of these crashes may only cause minor damage to the vehicles, some are more serious. For example, if a sideswipe collision occurs in heavy traffic or on a wet road, it could involve multiple vehicles.

If you were injured in a sideswipe crash, call TSR Injury Law to discuss potential legal options. We are prepared to pursue full compensation for your damages at no upfront cost to you. We have secured more than $1 billion in compensation on behalf of our clients, many of whom were injured in motor vehicle collisions.

Below, our car crash lawyers in Bloomington discuss sideswipe crashes in more detail, including why they often happen, who could be liable, and steps victims can take after a sideswipe collision.

What are Sideswipe Crashes?

A sideswipe is a crash involving two vehicles that are traveling in the same direction. Often, one driver fails to stay in his or her lane, and the side of that driver’s vehicle collides with or swipes another vehicle.

The danger of sideswipe crashes is that they are often unexpected. This could result in the victim of the crash losing control of his or her vehicle, potentially crashing into other cars or fixed objects. The faster the involved vehicles are traveling, the more likely one or both drivers could lose control, which also increases the likelihood of other cars being involved in the collision.

Common Reasons Why Sideswipe Crashes Occur

There are many reasons why one vehicle may drift out of a lane and sideswipe another vehicle. Drivers might:

  • Take their eyes off the road
  • Get distracted by their smartphone or something else
  • Fail to use their turn signal to indicate their intention to change lanes
  • Be impaired by alcohol or drugs
  • Behave recklessly while merging

Failing to use a turn signal could cause a driver to pull up next to another car while the driver of that other car begins to change lanes. For example, say you are about to pass a car in the lane to your right. If you were to see that car’s left turn signal blinking, you would likely slow down because you would expect the driver to change lanes. However, if the driver does not put on his or her turn signal, you may continue traveling at the same speed. As you pull up next to the car, the driver may begin to change lanes and collide with the right side of your vehicle.

Alcohol or drugs can make it harder for people to control their fine motor skills. They may not be able to hold the wheel steady. Impaired drivers may also not be seeing clearly, which can make it harder to stay in a lane.

Evaluating Fault for a Sideswipe Collision

Liability for a sideswipe crash comes down to which driver had the right of way. The driver who failed to stay in his or her lane is likely going to be held liable for damages.

If the crash occurs while two vehicles are merging, however, fault could be more complex. Sometimes one driver should have slowed down and merged behind the vehicle he or she collided with (often called the zipper method of merging). In other situations, it could be that one car was trying to merge and another driver was speeding, which resulted in a sideswipe collision. In these situations, fault for the crash might be shared between both drivers.

If one driver was impaired and his or her car drifted out of a lane as a result, he or she is likely to be found at fault.

The insurance company may try to argue the victim was speeding or that he or she should have been able to slow down or change lanes to avoid a collision. If you were approaching another vehicle and its turn signal was blinking, it may have been reasonable to expect you to slow down. If you were speeding, you might be found partially at fault for the collision.

However, insurance companies constantly claim victims are at fault when that is not the case. It is important not to take the insurance company’s word about your role in the crash. It is better to discuss the situation with a licensed attorney.

Evidence for a Sideswipe Crash Claim

There are various pieces of evidence that may help prove fault for a sideswipe collision. For instance, you could include video footage of the crash, pictures of the damage to both vehicles and also the police report.

Credible witnesses may also help to strengthen your claim, especially if they observed one driver drift out of his or her lane. It is not a good idea to solely count on video footage. It would only be available if there was a security camera in the area or if one of the involved drivers had a dashboard camera.

The police report may indicate which driver is likely at fault for the collision. Police officers respond to a lot of crashes, and they may be able to get a good idea about fault by looking at the damage to both vehicles and talking to both drivers. Unfortunately, police reports will often simply reflect what each driver claimed at the crash scene.  “Driver 1 said driver 2 hit him.  Driver 2 says driver 1 hit her.”

What Should You Do After a Sideswipe Crash?

If you get into a sideswipe crash, you should contact the police immediately so they can investigate If it is safe to do so, you can get out of your car and exchange information with the other driver. If there are witnesses, be sure to get their contact information so the police officer can understand what really happened and your lawyer can contact them in the future. It is also useful to take pictures of the damaged vehicles and your injuries, but only if you can do so without putting yourself or others in harm’s way. Get immediate medical treatment for your injuries and contact a lawyer to discuss your options for seeking compensation.

It is important to remember your injuries could be more severe than you realize. You need to recover compensation for all your damages, and it is difficult to do that without an attorney’s help. Research has consistently shown that injured victims who hire attorneys often recover more compensation than those who do not.

Contact TSR Injury Law to Discuss Legal Options

If you were injured in a crash and suffered damages, we are prepared to help you recover the compensation you need for your damages. We know that no amount of money can erase what happened, but we also know it can be an important part of helping you move forward.

Insurance companies are looking for any way to deny or undervalue your claim. Our firm has a history of proven results, and we are prepared to seek maximum compensation on your behalf.

Give us a call today to learn more about our services. We do not charge any upfront fees and the initial consultation is free.

Contact TSR Injury Law today: (612) TSR-TIME.

Could an Old Crash You Were Involved in Affect Your Claim?

car with police accident reportWhen you get injured in a crash and seek compensation from an insurance company, they may look for ways to attack your credibility. They are looking for any reason they can use to deny or at least devalue your claim. They want to pay nothing or pay as little as possible for your damages.

One argument the insurance company may use to attack your credibility is that you are a reckless driver. For example, if they find out about an old collision you were involved in, particularly one where you were found to be at fault, they may use this against you. They may say you are at fault for the new crash because of what happened in the old crash.

If the insurance company is attempting to use your driving record against you, contact TSR Injury Law today. We are prepared to guide you through the legal process, with the goal of securing maximum compensation.

Our Minneapolis car accident attorneys have taken on many insurance companies over the years, in settlement negotiations and in court. We have secured more than $1 billion on behalf of our clients.

How Insurers Try to Use Old Crashes Against Victims

Below, we discuss a few of the arguments insurance companies may make related to your driving history or an old crash you were involved in. Despite how convincing these arguments might sound when made by the insurance company, they often do not hold up when victims are represented by an experienced lawyer.

Claiming You are a Reckless Driver

If you were involved in a crash in the past, the insurance company may claim this proves you are a reckless driver, especially if you were the one at fault for the collision. They may say you have a pattern of behavior, and this proves you are at fault for the most recent crash.

This amounts to an attack on your credibility. The insurance company may say you have been a dangerous driver in the past, so it is harder to believe you were not at fault for the recent crash. The insurance company’s argument may be stronger if the old crash is the same type of crash as the new one. For example, if both crashes are rear-end crashes.

This argument might be appealing to a jury. However, even if the case does not make it to trial, the victim might believe the insurance company. For some reason, crash victims often apologize for a crash, even if they were not at fault. Victims may assume insurance companies know what they are talking about.

The truth of the matter is that an old crash has zero bearing on a crash that happens later. Each car crash needs to be assessed on its own. You may have been at fault for an old crash, but that does not automatically mean you are at fault for the new one.

You also cannot trust what insurance companies tell you after a crash. They are looking for any way to deny or underpay your claim.

Claiming You Have a Preexisting Injury

Insurance companies routinely claim victims who are seeking compensation have a preexisting condition. They say you did not suffer an injury in the most recent crash but suffered one previously. If you were involved in a collision in the past, the insurance company may say this is the cause of the injury you are claiming after this latest crash.

What is important to remember is that having a preexisting injury does not preclude you from receiving compensation for a new injury. You may have been more likely to suffer a new injury because you were already injured.

Your lawyer can help you build a strong case for compensation for your new injury or even aggravation of an existing injury. Make sure to inform your doctors and your lawyer about the old injury and any worsening symptoms.

Claiming You Are Just Trying to Make Money

The underlying argument behind a lot of what insurance companies say to crash victims is that victims are not injured, or their injuries are not that serious. The insurance company may say you are just being greedy, and you are trying to get money for a non-existent injury, or you are trying to inflate the value of your claim when your injury is not severe. Insurers may be even more likely to make this argument if you suffered a soft-tissue injury, such as whiplash – insurance companies routinely downplay the severity of soft-tissue injuries.

Insurers may say the fact you have filed other claims indicates you are always looking for a way to make money.

Call TSR Injury Law

Have questions about the legal process or the value of your claim?

Call today to learn if you may have a valid case. You can schedule an initial consultation with an experienced attorney at no charge. If we find you have a case and you decide to hire our firm, there are no upfront fees or costs for you to pay.

Call TSR Injury Law. We are ready to help you. (612) TSR-TIME

Can Drivers be Held Liable for Failing to Prepare Their Cars for Winter Driving?

removing ice from windshieldWinter can be a dangerous time to drive, as you can encounter snowy or icy conditions that make it harder to avoid a collision.

Drivers involved in winter car crashes may say there was nothing that they could do to avoid a crash. This might not always be true, though. Their negligence may have contributed to the crash. For example, they may have been speeding or violating the other driver’s right of way with snow or ice just making it worse.

In some cases, the at-fault driver’s car was not prepared for winter weather. For example, if the at-fault driver was driving on underinflated tires or had old windshield wipers. If you get injured in a crash during the wintertime and are unsure about your legal options, give us a call. The initial legal consultation with a Bloomington-based auto accident lawyer is free and comes with no obligation to hire our firm. We also charge no upfront fees.

TSR Injury Law. Call today: (612) TSR-TIME.

Preparing Cars for Winter Driving

Driving during the winter can be dangerous for many reasons. For example, your tires could lose traction on an icy roadway, causing you to lose control and crash into another vehicle or a fixed object.

That is why drivers need to make sure their vehicles are prepared before they go out on the road. Some of the vehicle components they need to check include the following:

Tires

Drivers need to make sure their tires are fully inflated. Underinflated tires can make it harder to control a vehicle. If your tires remain underinflated for too long, it could reduce their lifespan.

Overinflated tires are at higher risk for a blowout. This can be incredibly dangerous no matter what time of year. A tire blowout on a snowy or icy road could be even more dangerous.

You can inflate your tires yourself or take your car to a qualified mechanic to do it for you. If you go to a mechanic who regularly works on your car, he or she may inflate your tires for free. A mechanic can also inspect the treads on your tires to ensure they are not too worn down.

If you regularly encounter heavy snow or slippery roads, you should switch to snow tires.

Windshield Wipers

Another reasonable step drivers can take to prepare their cars for winter is making sure their windshield wipers are not too worn down. Old windshield wipers will not clear away snow or rain effectively, impairing visibility. This could make a crash much more likely to occur.

You can buy new windshield wipers or buy a set of winter windshield wiper blades. These are designed to clear away snow and prevent snow or ice from getting stuck on the blade.

Headlights and Taillights

Drivers need to make sure their headlights and taillights work. If your headlights do not work, or they do not work as well as they should, your visibility may be impaired. Ensuring the bulbs work and cleaning the lenses is also important.

Engine Oil

The oil in your engine loses viscosity in colder temperatures. This means your engine might not be properly lubricated. This could lead to a breakdown. This could happen at the wrong time, such as while your car is in motion which could cause a crash

You could switch to a winter-grade oil to help your engine continue to function at a high level.

Removing Snow or Ice From Your Vehicle

Drivers need to remove snow and ice from their vehicles before driving. Otherwise, snow or ice could fall off and cause another driver to get into a crash. Sometimes the crash that occurs only involves one vehicle. For example, ice may cause another driver to veer off the road and hit a tree or road sign. That said, another driver would still be liable for damages from the crash.

Building a Case for Poor Vehicle Maintenance

Drivers could be held liable for a crash that resulted from poor maintenance of their vehicle. Your lawyer needs to prove the crash was avoidable had the at-fault driver done a better job of maintaining his or her vehicle.

Your lawyer needs to thoroughly investigate the crash to determine what happened and work backward from that. For example, if the victim was rear-ended, your attorney must figure out what happened. Often the rear driver in a rear-end crash was distracted, speeding or following the lead vehicle too closely.

However, sometimes a rear-end crash is due to old tires that could not gain enough traction on the road. This may be more likely to happen in the winter because of ice or snow on the road, or because tires were old or underinflated. One way to think about it is the weather combined with the driver’s negligence is the reason for the crash. However, the weather cannot be held liable for a crash.

Pictures of the at-fault driver’s tires may be enough to show they were old and should have been replaced. For example, pictures may show the treads were worn down to an unsafe level. The sidewalls of tires also say when the tires were made. If the tires were old, it may be easier to assign fault to the driver for not replacing the tires.

If the lead driver’s broken taillights caused the crash, your lawyer may look to see if the lead driver had been cited by police for a broken taillight. If the driver had been cited, this is proof he or she knew about the problem and did not get it fixed. If a driver legitimately did not know about the broken taillight, it may be harder to assign fault to him or her. That said, it would be difficult for the at-fault driver to prove he or she did not know.

Contact Us Today to Discuss Your Crash

If you were injured because of another driver’s negligence we might be able to assist you in pursuing compensation for your damages.

Our firm takes cases on contingency, which means there are no upfront fees or legal obligations with our services. That means no fees before taking your case and no fees while pursuing compensation.

More than $1 billion recovered. Call today: (612) TSR-TIME.

How Car Crashes Can Cause Crush Injuries and What These Claims May Be Worth

wrecked cars after crashCar crashes can cause devastating injuries, particularly if a commercial truck is involved or when one or both vehicles are traveling at high speed. If any of your body parts are subjected to extreme force or pressure at impact, you could suffer a crush injury. These injuries can result in a variety of symptoms that could become life-threatening or life-altering.

Below, we discuss crush injuries in a car crash, including common symptoms and what they may be worth in an insurance claim. If you were seriously injured in a crash, our attorneys are ready to help you pursue full compensation for your damages.

We know crash victims often have many questions about insurance claims, including whether they need, or can afford, a lawyer.

At TSR Injury Law, there are no upfront costs or fees with our services. Our Bloomington-based car accident attorneys have been representing crash victims for more than 20 years. During that time, we have obtained millions on behalf of our clients. Unlike insurance companies, our goal is to obtain all the compensation you need, and we have the resources and legal experience to build a robust case.

How Could a Car Crash Cause a Crush Injury?

You may have heard about crush injuries happening in workplaces, such as factories or construction sites. For example, workers could have a body part get pinned under a heavy piece of machinery or caught between two pieces of machinery. Workers could also get hit by falling debris that pins them down, causing a crush injury.

These injuries can also happen in high-speed car crashes. If the force of impact is great enough, vehicles could suffer significant structural damage. This could cause your arms, legs or chest to get pinned in place by the wreckage.

If you get into a rear-end crash with a commercial truck, such as an underride crash, the back of the truck’s trailer could break through your windshield and hit you in the chest. If a commercial truck hits the back of your car and pushes your vehicle into another, your vehicle could be compacted, subjecting your body to a crush injury.

A semi-truck could also run over a smaller passenger vehicle or run over a pedestrian or bicyclist. This could cause a severe crush injury.

It may also be possible for a vehicle’s engine to be pushed into the passenger compartment during the collision. In a rollover crash, occupants may become pinned between the vehicle and the ground. Pedestrians could suffer crush injuries if they get hit by a car and are pinned between the car and a fixed object, such as a wall or another vehicle.

No matter the cause, these injuries can be severe, and without the help of an experienced attorney, it can be difficult to recover full compensation for your damages. TSR Injury Law is committed to pursuing full compensation.

Symptoms That Often Happen After a Crush Injury

There are numerous signs that a crash victim has suffered a crush injury, including the following:

  • Severe bruising
  • Broken bones (including bones in the arms, legs, head, neck, back or ribs)
  • Nerve damage
  • Severe lacerations
  • Severe bleeding
  • Damage to soft tissues and muscles
  • Acute injury to the lungs
  • Lactic acidosis
  • Damage to internal organs
  • Infections

These and other injury symptoms should be treated immediately. Waiting to seek treatment can be incredibly dangerous, particularly with a crush injury. Not seeking treatment quickly can put you at risk for life-threatening complications. This is especially true if the crush injury affects your torso, as your vital organs are inside.

Potential Long-Term Impact of a Crush Injury

Potentially life-threatening medical conditions can develop after crash victims suffer crush injuries. For example, if a limb was crushed in a crash, you might develop limb ischemia. This refers to reduced blood flow to the area. Even with treatment, victims may need to have the limb amputated. There is also a risk of cardiovascular complications.

Some of the long-term risks with crush injuries can include:

Crush Syndrome

When the body is subjected to intense pressure, cells can die quickly. When cells die this quickly, they release toxins into the bloodstream. This could put you into cardiac arrest or even cause kidney failure. In extreme cases, crush syndrome can be fatal. That is why immediate treatment for a crush injury is so important.

Hyperkalemia

Hyperkalemia occurs when cell death causes too much potassium to be released into the bloodstream. This condition could become fatal if it triggers cardiac arrest.

Hypovolemic Shock

This is a condition that occurs when you lose at least 15 percent of your body’s supply of blood. When this happens, your heart cannot pump enough blood through your body and your organs could shut down.

Compartment Syndrome

If muscles, nerves and tendons are compressed into a small space or compartment, tissues may be unable to get enough blood.

There may also be a risk of paralysis with a crush injury, such as a crush injury to one of the legs or to the spine.

Treatment for Crush Injuries

Unfortunately, there are times when a crush injury results in amputation of a limb. This may be the only way to remove some victims from the damaged vehicle.

There are also times when doctors later decide to amputate because of restricted blood flow, which can cause the cells and tissues in the extremity to die. It can be dangerous to leave a limb attached in this condition. It could cause infections or toxins to spread throughout the body.

Amputation is only necessary in extreme cases. However, there are many other potential treatment options, such as hemodialysis, which may help prevent kidney failure. Other treatments may include:

  • Mannitol therapy, which is meant to flush out toxins that may have gotten into the kidneys
  • Forced alkaline diuresis, which is another way to flush out the kidneys
  • Close monitoring of patients to detect cardiac arrythmias
  • Replenishing electrolytes and treating abnormalities with electrolytes
  • Using an IV to slowly replenish fluids in the area that was crushed

Determining the Value of a Claim for a Crush Injury

There are many factors that can affect the value of a claim for a crush injury, particularly the severity of the injury. For example, a crush injury to the torso could be much worse than a crush injury to an arm or leg. When a crush injury causes the amputation of a limb, the victim’s ability to work may be greatly affected, increasing the value of the victim’s damages.

Older victims and younger victims tend to be more fragile, which means a crush injury could be more devastating to their bodies. These victims may need more compensation than others.

Regardless of the victim’s age or health, he or she will likely need aggressive treatment for a crush injury. This treatment could reduce the risk of severe or even fatal consequences; however, it is not cheap.

Crash victims who suffer crush injuries may also need ongoing medical treatment. This means they may continue to accrue medical expenses, even after settling their claims and receiving compensation. That is why victims need an experienced attorney who knows how to calculate the full value of medical treatment.

Your attorney will need to review your medical records and talk to your doctors to determine what treatment you may need to manage your symptoms and protect your quality of life.

Injured in a Crash? Call to Discuss an Insurance Claim

Unsure about how to seek compensation for a crush injury or another type of injury you suffered in a vehicle crash?

Contact TSR Injury Law to discuss the crash and learn how we may be able to assist you. We represent crash victims at no upfront cost, which means no fees to take your case and no fees while working on your case.

While many claims settle, we are also prepared to take cases to court to obtain full compensation. Without an experienced attorney with a record of taking cases to court, it may be much harder to recover all the compensation you need.

Contact TSR Injury Law today. We are ready to help: (612) TSR-TIME.

What if the At-Fault Driver and the Victim Have Different Versions of What Happened?

drivers after a crashWhen car crash victims file claims against other drivers’ liability insurance policies, they must prove the other driver is at fault for the crash. There are various types of evidence that may be used to establish fault, including statements made by the victim and the at-fault driver. The trouble is that the victim and the other driver may have different versions of what happened.

There are times when accounts of the crash differ because someone is lying, such as the driver who caused your crash. However, there are also times when the at-fault driver is not lying but his or her account of the crash is simply different from yours. Perhaps the other driver had a different view of the crash and there were things he or she could not and did not see.

At times like these, you need an experienced attorney to help you build a strong case. TSR Injury Law’s Minneapolis auto accident lawyers know how to gather evidence to prove a case. We have been helping crash victims since 1998 and we have secured millions on their behalf.

Why Your Account of the Crash May Differ From the Other Driver’s

There are many reasons why your recollection may differ from the other driver. If the other driver is at fault, his or her negligence may have prevented him or her from noticing the same things you did.

For example, if the other driver was drunk or distracted, he or she would not have been fully aware of what was happening. He or she may not have realized there was a red light or stop sign. The other driver may claim you came out of nowhere, even though you had the right of way. The other driver is not necessarily lying, he or she was just not paying attention.

In a multi-car crash, it is difficult for any driver to have a complete picture of what happened. You may remember what happened in the first couple of seconds, but there may be a lot you do not know. When there are multiple impacts, victims are going to focus on their own safety, not what is happening outside their car.

Sometimes drivers do not know the right-of-way laws that govern the situation in which your crash occurred. This can lead them to make statements that are untrue.

For example, many drivers have no idea who has the right of way when there is a flashing red light. Often, one driver will decide to go, and several others will follow. Even though this group of cars is in the intersection, cars from another part of the intersection may move into the intersection. Many of these drivers may not think they are doing anything wrong. If a crash occurs, the drivers involved may have varying accounts of what occurred.

Sometimes drivers’ view gets obstructed by inclement weather or glare from the sun or another car’s headlights. This can prevent a driver from seeing what happened in the moments leading up to a crash.

Telling Your Side of the Story

You may overhear what the other driver tells police when you are at the scene of the crash. You might also get into a conversation with the other driver immediately after the crash, such as when you are exchanging information.

While you may hear things you know to be untrue or statements that leave out important details, there is no need to confront the other driver about it.

Talking to the Police and an Attorney

The most important thing is to tell the police what your version of events were and if there are witnesses make sure their story is also known. Your attorney can later investigate the crash to gather more evidence such as video, audio or unknown witnesses to prove what happened. If the other driver was negligent, a thorough investigation is likely going to uncover evidence that proves it.

If you think the police report has an error, your attorney may be able to help you get it corrected. Your lawyer may be able to just call the police department and quickly get the situation resolved.

If you have an experienced attorney on your side, the other driver is much less likely to get away with lies or misstatements about the crash. Explain what you remember to the police and your attorney and avoid discussing things you are unsure of. If you do not know something, avoid discussing it with the police. You can talk to your attorney about it because these conversations are confidential.

Taking Notes on the Crash

It can be helpful to take a few minutes to write down what you remember about the crash. For example, you could do this after you receive treatment, or even at the scene, depending on the severity of your injuries. Another option is to record a video in which you talk about what happened. When you talk to an attorney, tell him or her what you remember. Make sure not to leave anything out.

Staying Consistent

Consistency in your statements is important because it helps protect your credibility. That is why talking to the insurance company is a bad idea. Conversations with your attorney are protected by attorney-client privilege. However, anything you say to the insurance company will be used against you to diminish the value of your claim. You may be surprised at how easy it can be to make inconsistent statements to the insurance company.

You do not need to say much at all to the insurance company – attorneys can talk to insurers on your behalf. They can ensure statements about what happened in the crash are consistent. Insurance companies are not going to try to trick attorneys into saying things that call a crash victim’s credibility into question. Experienced attorneys, like those at TSR Injury Law know what insurance companies are up to.

Evidence to Back Up Your Claim

If the other driver is lying or has a different version of events, you will need more evidence to prove your case. Fortunately, there are various types of evidence that may help you build a strong case:

  • Analysis of the damage to both vehicles
  • Your injuries and their severity
  • Police report, which may include the officer’s conclusion about fault for the crash
  • Pictures from the scene
  • Video footage if any is available
  • Conclusions from an accident reconstruction expert
  • Statements from witnesses at the scene
  • Black box data from involved vehicles
  • And more

You can find an experienced attorney to represent you. One who knows how to investigate car crashes to decipher what happened. Even though some crashes seem obvious what happened, the insurance company is going to fight hard to find a reason to deny a claim. That is why you need an attorney who knows how to fight for you.

Contact Our Firm For Help Following a Crash

While compensation from an insurance claim cannot erase what happened, it is still important. Compensation allows victims to get medical treatment and cover other damages that resulted from their injuries.

However, you need full compensation. You do not want the insurance company’s first offer, which is often far below the full value of a claim.

That is why you need an attorney from a firm with a proven record, like TSR Injury Law. We have obtained compensation from many insurance companies. We know how to build a strong case and negotiate for maximum compensation.

No upfront fees for our services. Call us today: (612) TSR-TIME.

How a Personal Injury Could Limit You at Work or Make You Unable to Work

Current image: worker with orange vest with back pain

The physical and cognitive toll of a personal injury could limit you in the workplace. In some cases, an injured victim cannot work during his or her recovery. Injury victims may not be able to get back to the jobs they held before the accident. He or she may need to change careers or stop working altogether.

Below, we discuss some of the many ways a personal injury could impair your ability to do your job. If your injuries affect your ability to do your job, our attorneys may be able to help. We may be able to help you recover compensation for lost damages and loss of earning capacity.

TSR Injury Law’s experienced Bloomington personal injury attorneys help injured victims obtain compensation for damages, which often include lost wages. We also know how to determine a victim’s lost earning capacity if he or she cannot continue working in the same capacity as before the accident.

Injured by Negligence? Call TSR today: (612) TSR-TIME.

Injuries That Could Cause Limitations at Work

There are so many injuries that could affect your ability to work, even if it is only for a short period of time. For example, a severe or complex fracture could limit you at work for several weeks or longer. You will probably need to keep the area immobilized, which could make it challenging or impossible to work for a certain time. Your doctor may tell you not to work for a certain period and place a limit of the number of hours you can work.

It is important to note some people may be able to work more than others, depending on the type of job they have. If you work in an office in front of a computer and you have a broken leg, you may still be able to work a significant amount. However, if you work in construction or in a job that requires you to do a lot of heavy lifting, you may not be able to work at all until your injuries heal.

Other types of injuries that could affect your ability to work include:

  • Traumatic brain injuries
  • Amputations
  • Whiplash
  • Herniated discs
  • Severe burns
  • Internal injuries
  • Crush injuries
  • Damage to tendons or ligaments
  • Eye injuries
  • And more

Physical Limitations That Could Result From an Injury

Some injuries prevent you from performing some or all the tasks involved in your job. For example, you may not be able to operate machinery at a construction site or in a factory. Some tasks require two hands, and one hand may be immobilized as part of your recovery.

There are some jobs that require a lot of physical activity. For example, plumbers, electricians and air conditioning maintenance workers may be limited or unable to do their jobs while recovering from an injury.

If a victim works as a bartender or server, he or she may be unable to stay on his or her feet as much as the job requires. Lifting trays with drinks or food may be difficult, too. Your doctor may place a limit on how many pounds you may lift during your recovery. Sometimes employers can find ways to accommodate an injury. This may allow an injured victim to continue working. For example, if your vision is affected by an injury and you work at a computer, there may be some accommodations.

It is not a good idea to struggle through a job if you are in pain or your injuries are limiting you. When one body part is injured and you try to keep doing the same things you did before the injury occurred, you may end up compensating. That means you may put unusual strain on other body parts. This can result in further injury and make your recovery take longer.

That is why it is important to follow the doctor’s orders about working. You do not want to lengthen your recovery, and if you aggravate your injuries, the insurance company may try to deny compensation. They may claim you are making your injuries worse to try to inflate the value of your claim.

Mental/Cognitive Limitations That May Result from a Personal Injury

A traumatic brain injury could make it much more difficult to do your job, particularly if your job involves things like:

  • Problem-solving
  • Communicating with a lot of people each day
  • Selling things over the phone or in person
  • Leading a team of people

Sometimes brain injuries cause headaches that make it hard to concentrate for extended periods. Even if you can go back to work and your doctor allows it, you may only be effective at your job for a few hours. You may need to limit your hours during your recovery.

Sometimes accommodations can be made for a brain injury, such as working from home if you do a lot of work on a computer. The lights at the office and all the activity could be disturbing after a brain injury – some people suffer sensitivity to light and sound after a concussion or other type of brain injury.

There can be psychological limitations associated with personal injuries, too. You may struggle to get a good night’s sleep, which can increase irritability and anxiety. Some people experience depression that makes it harder to work. Depression and other mental health issues could make it much harder to concentrate at work.

What if You Suffer Lost Earning Capacity?

The insurance company may try to downplay the long-term effects of your injuries. That is why you need experienced legal assistance.

At TSR, we are committed to securing all compensation for your damages, including the cost of ongoing damages like lost earning capacity. The value of lost earning capacity is based on many factors that our attorneys know how to evaluate, such as your education, age, job skills, history of promotions and the expected earnings in the field in which you were working before your injury.

Contact TSR Injury Law Today to Discuss Your Claim

For more than two decades, TSR Injury Law has been assisting injured victims in the pursuit of compensation. We have secured over $1 billion on behalf of our clients.

We represent the injured on contingency. There are no upfront fees and we do not collect our fees unless you receive compensation through a settlement or courtroom verdict.

Free consultation. Give us a call today: (612) TSR-TIME.