What if Your Car Crash Claim Exceeds the Value of Your Car Insurance Policy?

car insurance block letters on notepadWhile some car crash injuries may heal in a few weeks or months and leave victims with no long-term damage, others can affect victims for years or the rest of their lives. Unfortunately, the financial value of damages from these injuries could far exceed the value of the victim’s auto insurance policy.

If this happens to you, are you stuck paying these additional costs out of your own pocket? Are there other options for recovering additional compensation?

Our experienced Bloomington-based vehicle crash lawyers discuss this issue in detail below. There may be a variety of options for securing compensation above policy limits.

At TSR Injury Law, we have helped many car crash victims secure compensation to cover the full cost of their damages. We offer victims a free initial consultation and if you decide to hire our firm, there are no upfront fees. Our attorneys are not paid for providing legal services unless our clients receive compensation.

Securing Compensation After a Minnesota Car Crash

Minnesota requires all drivers to purchase personal injury protection (PIP) coverage. This is no-fault coverage, which means drivers can use it even if they are at fault for the crash. Typically, crash victims file a claim for PIP benefits before other types of claims.

PIP provides compensation for medical care you need following the crash. This may include the cost of:

  • Surgeries
  • Medications
  • Rehabilitation
  • Stays in the hospital
  • Transportation in an ambulance
  • Medical equipment
  • Medical tests
  • Appointments with doctors
  • Mileage to and from treatments
  • Chiropractic appointments

Basic mandatory PIP medical coverage is $20,000.00. You can buy more or “stack” benefits if you own multiple cars. PIP also provides compensation for lost wages and the cost of hiring someone to perform household services, like housekeeping. Wage and replacement service coverage is in addition to medical coverage. Basic PIP also provides $20,000.00 for these services.

Options if Your Damages Exceed PIP Insurance Limits

Minnesota requires drivers to buy a minimum amount of liability insurance in case they cause a crash that results in damages. The minimum required coverage is:

  • $30,000 per person for bodily injuries
  • $60,000 per crash if two or more people get injured
  • $10,000 for property damage

However, it is important to remember a liability insurance claim is not a no-fault claim. Therefore, your lawyer must prove the other driver is liable for your damages and certain thresholds must be met before a person can receive compensation for pain and suffering from the at-fault driver’s insurance (above and beyond the no-fault PIP coverages).

Under certain circumstances, you may be able to step outside of the no-fault system and make a pain and suffering claim against the at-fault driver. For example, if you have more than $4,000 in medical bills or suffered one of the following types of injuries:

  • Permanent injury
  • Scarring
  • Disfigurement
  • Injury that causes you to miss 60 days of work
  • Fatal injury

What if the Other Driver is Uninsured or Underinsured?

In this situation, you may file a claim against your own policy for underinsured or uninsured coverages. These are mandatory coverages for at least $25,000 per person $50,000.00 per crash.

An underinsured motorist coverage claim is meant to pay for damages that exceed the value of the at-fault driver’s liability coverage.

More Options if Your Damages Exceed Policy Limits

Another option is the at-fault driver’s umbrella insurance. Some policies provide umbrella insurance in case their insured causes a serious crash, as their car insurance coverage may run out before it covers the victim’s damages.

Drivers buy umbrella insurance to protect their assets, because when their auto insurance coverage runs out, victims and their attorneys may come after the at-fault driver’s assets.

Sometimes car crashes involve more than two vehicles. In these situations, you may have a claim against both driver’s liability insurance, with each paying for their percentage of fault.

There may also be a third party besides another driver that bears some responsibility for your damages, such as a government entity responsible for maintaining a roadway. However, you would need to establish that entity’s fault for the crash and your damages, which may be a challenge. That is why it is vital to hire an experienced attorney with extensive knowledge of the law.

Need Legal Assistance Following a Crash? Call TSR Today

For decades, our licensed attorneys have been assisting those injured in accidents, including motor vehicle crashes. We know how difficult the aftermath of these situations can be and how important it is for victims to secure compensation for things like medical treatment and lost wages.

If you or a loved one were injured by another’s negligence, our attorneys may be able to assist you. We are ready to discuss what happened in a free consultation to explain how we may be able to help during this difficult time.

TSR Injury Law. No Upfront Fees. No Financial Risks. (612) TSR-TIME

What Happens if an Injury Victim Passes Away During an Active Lawsuit?

placing flower on top of gravestoneSome injury victims pass away before their personal injury lawsuit is resolved. For example, a nursing home abuse victim may pass away before a lawsuit concludes. Their cause of death may be related to the injury that is the subject of the lawsuit or an unrelated reason.

Even though the plaintiff in the lawsuit passed away, the lawsuit will continue until there is a resolution, right?

This is an important question, and it emphasizes the need for having a knowledgeable attorney handling your case. An experienced lawyer understands what may be possible in this type of scenario.

At TSR Injury Law, our Bloomington-based personal injury lawyers have been helping injury victims seek compensation for more than two decades. We are always prepared for a trial and have helped many injury victims secure compensation in court.

An initial consultation is free and there is no obligation to hire our firm.

What Does Minnesota Law Say?

In Minnesota, if the victim dies from injuries caused by the negligent act, the victim’s case becomes a wrongful death lawsuit. Minnesota Statute 573.02 says that a lawsuit may be pursued by the Trustee of the decedent if it was not finally determined while the decedent was alive. However, the lawsuit will be for the exclusive benefit of the surviving spouse, parents and children of the deceased. Minnesota statutes make it clear there is a claim for economic loss and loss of aid society and companionship the heirs lost from the death of their relative.

Anyone can be chosen as a Wrongful Death Trustee, but a Judge must accept the Petition and all heirs to the deceased must be given notice and have the opportunity to be heard. Usually, a parent or spouse of the deceased is chosen by the family to represent them, but the Trustee can be anyone the family trusts to proceed with the legal case.

What if the Death was Caused by Something Unrelated to the Injury?

Minnesota Statute 573.02 Subd. 2. Injury action says the trustee appointed for the deceased can maintain legal action for special damages (economic damages) that arise out of the injury if the decedent would have had grounds for a lawsuit if he or she had survived. The surviving spouse or one of the children can petition the court to appoint someone as trustee to file a lawsuit.

However, it is important to note the claim cannot include non-economic damages, like pain and suffering for the deceased or loss of aid society and companionship for the heirs. That means victims cannot pursue full compensation for all the damages they suffered.

As this is a complex situation, it should be discussed with an experienced attorney.

Wrongful Death Lawsuits

The purpose of this type of lawsuit is to recover compensation for the economic and non-economic damages caused by the victim’s passing. This may include:

  • Medical expenses incurred by the deceased before his or her death
  • Lost wages
  • Lost benefits
  • Loss guidance
  • Pain and suffering endured by the victim before death
  • Funeral expenses
  • Burial expenses
  • And more

There is a short deadline for a wrongful death lawsuit to be filed and only certain people have the right to pursue such a case. If your loved one died due to another’s negligence, we may be able to help you seek compensation.

Contact Us Today to Discuss Potential Legal Options

If you or a loved one were injured by another’s negligence, we are prepared to help. Give us a call to discuss what happened and learn how we may be able to assist you.

Our firm has secured $350 million in compensation on behalf of Minnesota injury victims in a variety of cases. We charge no upfront fees, and we do not get paid unless you get paid at the end of the legal process.

Millions Recovered. No Upfront Fees. Call (612) TSR-TIME.

What are the Benefits of Settling a Claim as Opposed to Going to Court?

writing on legal documentMany personal injury victims fear calling a lawyer because they think they will have to go to court to recover compensation for their damages. While there are cases that make it to court, most are resolved through a settlement and a trial is not necessary.

There are many advantages to settling a case as opposed to going to court. The experienced attorneys from TSR Injury Law discuss those advantages below.

If you have questions about what to do after suffering a personal injury caused by another’s negligence, we are here to help. We have negotiated countless settlements on behalf of our clients.

We understand injury victims are often uncertain about calling a lawyer, but you can speak with one of our licensed attorneys for free and with no obligation to hire our firm. If we validate your claim and you decide to work with us, there are no upfront fees and no costs while we work to help you resolve your claim.

TSR Injury Law. No Upfront Fees. Proven Results. Call (612) TSR-TIME.

What is a Personal Injury Settlement?

A settlement is essentially a legally binding contract between the two parties involved in an injury claim. The liable party agrees to provide compensation to the injury victim in exchange for the injury victim agreeing to not bring future claims over the same injury.

Settlements are usually reached after negotiation between the two parties, often the attorney for the victim and the liable insurance company. The negotiation process starts with the victim’s attorney sending a demand letter to the insurance company. In response, the insurance company can make a counteroffer and there may be multiple counteroffers between both parties before an agreement is reached.

While most settlement agreements are reached before a lawsuit is filed, there are times when the insurance company does not make reasonable efforts to settle the dispute. When this happens, you need an attorney on your side who is willing to file a lawsuit to pursue the compensation you need.  That is why it is important to find a Bloomington personal injury attorney with courtroom experience who is prepared to take the case to court.

It is important to note that you may still be able to reach a settlement agreement with the insurance company, even if you have filed a lawsuit.

Advantages of Agreeing to a Settlement

These are some of the benefits of settling an injury claim as opposed to taking it to court:

Control of the Process

One of the biggest advantages of settling an injury claim is you and your attorney are in control of negotiations. If you do not like an offer from the insurance company, you can reject it and make a counteroffer. You can go back and forth with the insurance company until you reach an agreement.

Trials can be unpredictable. What if the judge excludes evidence? What if a witness’s testimony sounds unreliable?

Settling is Faster

Another advantage to settling is it takes less time to reach a settlement than to finish a trial.

A trial adds six months to a year or more to reach a conclusion. Even if you get a favorable result, the insurance company might appeal. That can drag the process out even longer.

When you settle, there is no possibility of an appeal. Signing a settlement offer resolves the situation and a check is received within weeks.

Lower Costs

Settling a case also costs less than a trial. When you go to court, there are various court costs and expenses that add thousands of dollars to the case. The goal is to get more compensation, so the added costs are a reward risk situation. No one wants to spend $10,000.00 more in costs to “win” another $10,000.00.

Going to court is costly for the insurance company as well, which is why it is often in the best interest of the insurance company to agree to a settlement. However, insurance companies may stick to a lowball offer if the victim’s attorney rarely or never takes cases to court. The insurance company knows there is little to no risk of the outcome of the case being put in the hands of a jury if the victim’s attorney never goes to trial. The greatest threat is eliminated, and the insurance company acts accordingly.

That is why it is important to have an attorney with trial experience on your side. Our attorneys have decades of experience negotiating settlement claims as well as building strong cases to present in court.

Less Stress for Victims

Trials are much more stressful for injury victims than the settlement process. During the settlement process, victims are mostly free to focus on their medical treatment. Their attorney can keep them informed throughout the process and deal with all the things involved in negotiating and trying to reach a settlement. Trials require giving testimony in front of a jury, insurance lawyers cross examinations, adverse doctor exams and the unknown of what 12 jurors will think about the case.

Ensuring You Recover Compensation

While it may be possible to recover more compensation from a trial compared to a settlement, settling ensures you receive compensation. When you go to trial, you are leaving the case in the hands of a jury. They may award you more than you would have recovered in a settlement, but there is a chance you may not recover anything.

Privacy

Settlements are also private. Both parties can decide what should remain public and private, such as the terms of the settlement. Trials become part of public record. In other words, everything the two sides said to make the other look bad will be available for anyone to look up.

Contact TSR Injury Law for Legal Assistance

For more than two decades, our licensed attorneys have been helping injury victims recover the compensation they need. While many cases settle, we are always prepared to go to court, as our goal is recovering full compensation to help you move forward.

There are no upfront fees for our services, and an initial consultation does not obligate you to hire our firm. This meeting is a chance for us to lay out your potential legal options to help you decide what to do next.

Licensed attorneys. No upfront fees. Call TSR at (612) TSR-TIME.

Why Speeding is a Factor in Many Minnesota Car Crashes

driver exceeding speed limit time lapseSpeeding kills thousands of people on U.S. roads every year. In 2019, an average of more than 25 people per day were killed in traffic crashes involving speeding. More than one-quarter of the total traffic deaths that year were caused by crashes in which speeding was a factor, according to statistics compiled by the National Safety Council.

Speeding is a factor in a crash if the driver was cited for a speeding-related traffic offense, was driving too fast given the conditions, or exceeding the posted limit.

Our licensed attorneys explain the dangers of speeding and why it often makes a crash much more likely to happen. We also discuss some ways you can reduce your risk of a crash involving speeding drivers.

If you were injured in a crash caused by speeding, give our firm a call today to learn how our Minneapolis auto accident attorneys may be able to assist you. The damages caused by these crashes are often catastrophic and victims who do not retain a licensed attorney often struggle to recover all the compensation they may need.

Why is Speeding So Common?

There are a lot of behaviors and bad habits that people know are dangerous, but they engage in them anyway. Smoking cigarettes is a prime example, as there is so much evidence smoking can have severe or even life-threatening consequences.

People also know speeding is a bad idea, but they still do it, often on a regular basis. There are various reasons why. However, it is important to remember drivers are making a conscious decision to speed, or at the very least, not slow down when they realize they are exceeding the speed limit.

Common reasons drivers speed include:

  • Running late on a commute to a job, school or an event that starts at a specific time, such as a concert, sporting event or a movie
  • Being distracted by something and ignoring the speedometer; common distractions include texting while driving, talking to passengers, fiddling with the stereo, eating or drinking.
  • Being angry at being stuck in traffic – once traffic clears and drivers have more room they often speed to make up for the time they lost while they were stuck in traffic
  • Being under the influence of drugs or alcohol often causes drivers to engage in reckless behaviors, like speeding
  • Complete disregard for any traffic laws, which means they constantly break traffic laws and speed, even in places with low-speed limits, such as parking lots and neighborhoods
  • Feeling like they can get away with it because they feel less constrained being inside a car
  • Lacking driving experience, which may result in speeding without realizing it
  • There are more drivers on the road driving more miles than ever before

Exceeding the speed limit is a negligent behavior, and not just because it is against the law. Speeding is irresponsible because it makes it easier to lose control of your vehicle and gives you less time to react to avoid a crash.

You are obligated to follow traffic laws and operate your vehicle in a reasonably safe manner to help prevent injuries to yourself and others you are sharing the road with. Even though drivers may feel detached from others because they are in a car, they must consider others when making decisions about the operation of their vehicle.

Why Does Speeding Make a Crash More Likely to Occur?

Despite alarming statistics and warnings about the dangers of exceeding the speed limit, many people still do not understand the risks involved.

Below, we discuss why speeding can greatly increase your risk of a crash:

  • Higher risk of losing control of your vehicle – The faster you go the harder it is to maintain control of your vehicle. If you are speeding and you move the steering wheel just a little too much, you could start to lose control. If you jerk the steering wheel while you are speeding, your car could start to spin or even rollover. Rollovers are particularly common in larger vehicles with a higher center of gravity, like SUVs and large trucks. Small mistakes are magnified when you are speeding. A small mistake at a slower speed is often much easier to correct.
  • Increase in stopping time – The faster an object is moving, the longer it will take to stop. When you speed, you are giving yourself less time to stop as you approach a dangerous situation on the road. No matter how hard you press down on the brakes, you may not have enough time to stop to avoid danger. That is why speeding drivers often cause rear-end crashes. They run out of time to stop to avoid hitting the bumper of the car in front of them.
  • Increased risk of a rollover crash – Speeding on a turn is never a good idea, but it is an especially bad idea in a taller vehicle like an SUV or crossover. Speeding while turning in one of these vehicles could cause the vehicle to tip in the opposite direction of the turn.
  • Less control in bad weather – No matter how fast you are going, controlling your vehicle in bad weather is going to be more difficult. Speeding just makes things even more dangerous. Your tires are going to have more trouble maintaining traction in rain or snow. Speeding only makes this problem worse. It is important to give yourself more time to react in bad weather, particularly because there are other negligent drivers who could make things more dangerous.

What Can You Do to Avoid Speeding Drivers?

Sometimes it is impossible to avoid a crash with a reckless driver. You could end up in a crash through no fault of your own. Fortunately, there are some preemptive steps you may be able to take to lower your risk of a crash with a speeding driver.

  • Watch for negligent drivers – It is incumbent on you to be aware of your surroundings and the drivers surrounding your vehicle. Noticing a negligent driver may give you the time you need to move away and potentially avoid a crash.
  • Move away from drivers who are speeding – You can either slow down or try to change lanes to move away from a driver who is speeding. If a speeding driver is behind you, change lanes to allow him or her to pass.
  • Avoid eye contact – It is important to avoid eye contact with negligent drivers, particularly those who look angry. Eye contact could make the driver even angrier and lead to a road rage incident.
  • Call the police to report reckless drivers – If you see a reckless or speeding driver, and you can get the license plate as the driver passes, call the authorities. They may be able to pull the driver over and issue a citation. Getting the driver off the road even for a few minutes could help prevent a crash.

Injured by a Negligent Driver? Give TSR a Call Today

For more than two decades, our firm has been helping car crash victims secure compensation to help them put their lives back together. We helped many crash victims reach favorable settlements with insurance companies and have also taken many cases to court to secure the justice and compensation our clients were seeking.

There are no upfront fees or obligations with our services. Our attorneys are not paid for representing you unless you are compensated.

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

What Happens if a Car Insurer Appeals a Jury Award of Compensation?

court of appeals building during dayWhen a jury reaches a verdict in a car crash case, one of the two parties involved is bound to be unhappy. While crash victims will be unhappy if the jury does not award them compensation or awards them less than they would like, insurance companies will probably be unhappy if they are required to pay out any compensation.

When the victim (plaintiff) or the insurance company/at-fault driver (defendant) is unhappy with the jury verdict in a car crash case, they may be able to file an appeal.

Below, we discuss why a car insurance company may file an appeal of a jury award of compensation. We also explain what might happen if an appeal is filed.

When Can a Car Crash Jury Verdict Be Appealed?

An insurance company cannot appeal a jury verdict simply because they are unhappy with it.

The insurance company needs to prove there was an error of law in the jury’s decision for an appeal to be successful. There are many examples of errors of law that may be valid reasons for an appeal, such as:

  • The court denied a request for testimony from an expert witness, claiming the witness was not qualified as an expert
  • Certain evidence was not presented
  • Some of the judge’s instructions to the jury were about laws that did not apply to the case
  • The verdict violates the law
  • The laws that were explained to the jury were explained in a prejudicial way
  • Not enough evidence to justify the verdict
  • There is a reason to suspect misconduct by the jury
  • And more

The insurance company must provide strong evidence of an error of law, otherwise, the appeal will fail.

In a car crash case, the insurance company may appeal by claiming there is not enough evidence of the severity of your injuries or evidence linking your injuries to the crash. They may also claim some evidence was not included in the trial and it would have resulted in a different outcome.

What About the Jury’s Award of Compensation?

When an appeal is filed and accepted by the appeals court, compensation will not be paid out until the appeal is resolved.

If the appeal is accepted the case will move to an appeals court, which can vacate the original verdict, change the damages award, or send the case back to the lower court for a new trial.

Unfortunately, appealing a case is time-consuming and adds a considerable amount of legal expenses. This could cut into your compensation award.

However, appealing also adds to the insurance company’s expenses, so they may not want to appeal unless they think they have a strong argument.

If the insurance company appeals, you want to make sure you have an experienced attorney who is prepared for it. At TSR, we are ready for an appeal by the insurance company. We have decades of experience and know insurance companies are looking for any way out of paying compensation to crash victims.

It is important to have an attorney with courtroom experience because insurance companies know the attorneys that rarely or never take cases to court. Insurers may be less likely to make a fair settlement offer if you are represented by an attorney who usually settles.

Contact TSR Today to Discuss Your Crash Claim

Our experienced Bloomington auto accident attorneys have helped many crash victims secure compensation, through settlements and courtroom verdicts. We are ready to help you discuss legal options and determine how we may be able to help you.

We work on contingency, which means there are no upfront fees for our services. An initial consultation is free, and you are not obligated to take legal action afterward.

Although many claims settle, we are always prepared to go to court, as our goal is to secure full compensation to help you move forward.

TSR Injury Law. Millions Recovered. No Upfront Fees. (612) TSR-TIME

What You Need to Know About Releasing Medical Records for an Injury Claim

Current image: pen on top of medical records social|pen on clipboard with stethoscope

If you file a claim for compensation for personal injury damages, you must provide proof that you suffered an injury that resulted in damages. That means you are going to need medical records from one or more of your doctors that diagnose your injuries and their severity.

While you will likely need to disclose some of your records, you only need to release the records relevant to your claim. You have the right to keep everything else private.

The problem is insurance companies are working against your interests. They are on the hunt for any information they can use to question the validity or value of your claim. That is why they often ask victims to authorize the release of all their medical records, even ones that are not relevant to the claim.

It is important to work with a licensed attorney when releasing medical records so you can protect your claim and your privacy. Below, TSR Injury Law’s experienced Minneapolis personal injury lawyers discuss the release of medical records in an injury claim.

If you have questions about your injury claim, give us a call today to schedule a free consultation. (612) TSR-TIME.

What to Do When Insurers Request Medical Records

Although you need to provide relevant medical records to validate your claim, you should talk to an attorney first. For example, if you meet with the insurance company and they provide you with a form authorizing the release of your medical records, you should review it with an attorney. You want to make sure you are protecting your privacy and only providing the relevant information.

Some standard authorizations allow the insurance company to speak with your doctor, request mental records, seek birth records, speak with your employer, review your tax returns and many other intrusive private unrelated requests.

Legal documents are often confusing and difficult to read if you do not deal with them on a regular basis. At TSR Injury Law, we have been helping injury victims for decades and are well-prepared for obtaining medical records and taking other necessary steps to build a strong case. We can manage the legal paperwork and filings while you deal with your injuries.

Authorizing the Release of Your Records

You will be required to provide some medical history via records. For example, if you claim your neck was injured in a crash, the insurance company has a right to know if you were treated for neck pain before the crash.

Any lawyer representing you for an injury will have you sign their medical authorization so they can retrieve related records. The requests are covered under attorney-client privilege, so they may not always be shared with the insurance company. It also allows your representation to learn about potential pitfalls in your medical history.

In some cases, you or your lawyer can obtain records from an online portal used by the medical provider. In some cases, the request may need to be mailed or faxed to the provider.

It is always best to obtain the records yourself or have your attorney do so on your behalf. It is never a good idea to authorize an insurance company to obtain records because they will try to obtain records for the last several years to find evidence of a preexisting condition.

Signing Your Rights Away

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the privacy of your medical records. Generally, HIPAA restricts access to your medical records to you and anyone you authorize. Those who are not authorized cannot gain access to your records, with rare exceptions.

HIPAA allows you to request records for yourself, your child (unless you are not the custodial parent or legal guardian), anyone who has appointed you their personal legal representative, or a deceased person if you were appointed to represent their estate.

That is why it is so important not to sign your rights away. HIPAA is a federal law that severely restricts access to your records. You have control over them and should not give that up without a good reason.

Even after your attorney submits a demand letter, the insurance company may request more records. Sometimes this is a legitimate request. For example, maybe they want imaging test results for tests done to diagnose your injuries.

Your lawyer can ask the insurance company to explain why these records are necessary and explain your options. Unlike the insurance company, the attorneys at TSR are focused on your best interests throughout the process.

In some cases, a request for certain medical records can be fought in court, if your case makes it to that point.

Doctors Have Discretion

It is important to note doctors have discretion to hold onto some records under HIPAA, such as:

  • Information provided by other doctors
  • Information the doctor believes could cause riots or a public panic
  • Information the doctor thinks could cause you or others significant harm
  • Information you told doctors not to disclose
  • Information the doctor does not want released relating to the treatment of a minor
  • Notes from a mental health professional
  • Personal notes taken by the doctor

What if the Insurance Company Requests an Independent Medical Exam?

Even if you provide detailed medical records documenting your injuries and treatment, the insurance company may dispute the severity or even the existence of your injuries. This often happens with permanent or long-term injuries, as insurance companies do not want to pay the full value of these claims.

Often, disagreements about the severity of an injury are resolved through the negotiating process. Unfortunately, that is not always the case, and the insurance company may request an adverse medical exam (AME).

The insurance company will say they want to do this to determine the extent and severity of your injuries. However, their true goal is to get an opinion from a doctor that lines up with their interests. The doctors who conduct these exams often reach conclusions that favor the insurance company.

You should not agree to an AME without discussing it with a lawyer. You may not be required to undergo an AME, despite what the insurance company says. If the exam is not required, you should discuss it with a lawyer to determine what you should do.

If the exam is required, an attorney can explain how to prepare for it to protect your rights. Your lawyer can give tips on answering questions without oversharing and providing detailed descriptions of your injuries and symptoms. Even if the AME doctor reaches different conclusions than your treating doctors, it is important that documentation of the exam shows you describing your injuries in a way that is consistent with your claim.

Call TSR Injury Law Today to Discuss Your Claim

Are you unsure how to respond to the insurance company’s questions?

Do you need assistance with your claim?

At TSR Injury Law, we have been securing compensation for injury victims for decades. We have obtained $1 billion on behalf of our clients.

We charge no upfront fees so there is no risk in talking with us to find out how we may be able to assist you.

Call today to schedule a free consultation. Call (612) TSR-TIME.

What Is Included with Replacement Services Coverage in Minnesota Car Insurance?

car keys on paperCar crashes can cause serious disruption to victims’ lives. In addition to the injuries victims may suffer, they may lose income because they are unable to work for a few days or longer.

Even though victims may be spending more time at home, they may not be able to complete household tasks as they did before. For example, they may not be physically able to clean up the house, shop for groceries, take care of children or shovel snow. This can present a variety of challenges for crash victims and their families.

Fortunately, Minnesota car insurance policies are required to provide compensation for replacement services. Below, learn more about what may be covered by replacement services benefits and how much compensation crash victims may receive.

Minnesota Law on Replacement Services Coverage

Minnesota statute 65B.44 details the basic economic loss benefits that are part of any Minnesota car insurance policy, including replacement services. Subdivision 5 says this benefit reimburses all expenses that were reasonably incurred by the injured person or on that person’s behalf to obtain usual and necessary substitute services that would have otherwise been performed. These services are for the direct personal benefit of the victim and/or the victim’s household.

What Are Replacement Services?

There are numerous examples of household chores injury victims may be unable to complete. They may need to hire help to complete these tasks and their car insurance may cover the cost of hiring that help. For example, your car insurance may provide compensation for the cost of hiring someone to help with:

  • Cleaning your home
  • Mowing the lawn
  • Shoveling snow
  • Childcare
  • Shopping for groceries
  • Other activities essential for managing the household

How Much Compensation Could You Recover?

You can recover a maximum of $200 per week for replacement services. However, you cannot receive compensation for replacement services until seven days after the crash occurred.

There are two ways to collect these benefits. If you are deemed a “primary homemaker” there does not need to be an actual expense for the replacement service. The primary homemaker can make a claim just because they cannot do the service anymore. An experienced attorney will help with the needed disability slips and affidavits to prove the claim. If the injured party is not a primary homemaker, then an actual expense needs to be had to be reimbursed.

This is an issue to discuss with a licensed Minneapolis auto accident attorney. Make sure to keep track of how much you had to pay for hiring someone to help around the house. That way you can help make sure you receive compensation for everything that is covered by your car insurance.

What if My Spouse Takes Over Household Chores and No One Is Hired to Help?

If you have full responsibility for the care and maintenance of your home, you can be considered the primary homemaker. Whether you have children or not, the reasonable value of the services to run the home will be covered. Even if your spouse, or no one, does the actual work, the primary homemaker can be compensated for the loss. You can be also considered fully responsible for managing your household even if you work outside the home.

If the two working adults in a home are responsible for maintaining the home, an attorney can help determine which claim has merit. No matter the circumstance, replacement services will always be covered if an expense is paid.

If you are single and live alone, you usually are the primary homemaker. You can still get reimbursed for replacement services, even if you do not hire someone.

Call TSR Injury Law to Discuss Your Car Crash Claim

Injured in a Minnesota car crash?

Our attorneys may be able to help you recover compensation for your damages. Give us a call today so we can discuss what happened and how we may be able to assist you. There are no upfront fees or legal obligations with our services.

Experienced Attorneys. Proven Results. Call (612) TSR-TIME.

Why it May be Difficult to Link Back Pain to a Car Crash

doctor evaluating patient for back injurySuffering an injury in a car crash is bad enough, but your insurance company telling you an injury is not that serious or that it preexisted the crash feels like an insult. Unfortunately, car insurance companies do this all the time, especially with back injuries.

It can be difficult to obtain hard evidence of some back injuries because they may not show up on imaging tests. That motivates insurance companies to deny there is an injury or undervalue it. These are two reasons why car crash claims for back pain can be challenging to validate.

One of the most important steps to take after a car crash is to contact an attorney to help you deal with the insurance company. An attorney can serve as a strong advocate for your case and manage all the steps involved.

At TSR Injury Law, there are no upfront fees for our services and our attorneys do not get paid unless our clients get paid. Call today to schedule a free consultation with a licensed Minneapolis auto accident attorney.

How a Car Crash Can Cause a Back Injury

Back injuries are common in car crashes because the body abruptly stops moving during the crash. Victims’ forward momentum is stopped by the seat belt, airbag, or even the steering wheel. This sudden stop can cause a sprain or fracture in numerous body parts, especially your back and neck.

Many crash victims with back injuries suffer damage to their lumbar spine in their lower backs. There are five vertebrae in this part of your spine. Even if vertebrae themselves do not suffer damage, the tissues around and discs between the vertebrae could suffer significant injuries.

Common Car Crash Back Injuries

Some of the most common car crash back injuries include:

Herniated Discs

If a spinal disc shifts it can compress nerves in the area, resulting in significant pain. Victims may feel a burning sensation and weakness from their back, into their buttocks and down their leg.

Vertebrae Fractures

There are various types of fractures that may occur:

  • Compression fracture – These are small breaks in the vertebrae caused by pressure.
  • Dislocation – There is a fracture and dislocation of the vertebra or vertebrae.
  • Flexion fracture – This is when there are fractures in the middle or posterior columns.
  • Burst fracture – This occurs when parts of the vertebrae get crushed, which may cause bone fragments to be scattered around.

Spondylolisthesis

This occurs when a vertebra is displaced by a stress fracture. The spine shifts forward or backward causing instability.  The instability, or shifting, may cause compression of the spinal canal or nerves. Symptoms may include weakness, pain and leg numbness. Some victims may struggle with walking.

Sprains and Strains

These occur when soft tissues are stretched too far. A strain causes tendons in the back to get stretched. However, a sprain refers to damage to the ligaments that connect joints to bones and bones to bones.

Victims of car crashes that result in back injuries may also develop degenerative spinal disorders:

  • Spinal stenosis
  • Bulging discs
  • Degenerative scoliosis
  • Bone spurs
  • Spinal osteoarthritis
  • Pinched nerves
  • Foraminal stenosis

Challenges of Validating Back Pain Claims

Claims involving back pain and back injuries are challenging for a number of reasons, some have to do with how victims deal with their injuries, others have to do with how insurance companies view these injuries.

Victims Often Wait to Seek Treatment

This happens with many types of car crash injuries, but especially soft-tissue injuries. They may feel a little pain after the crash but assume it will go away on its own. Maybe they have felt similar pain before and think it will stop in a few days or a week or so. They compare it to being sore after a hard workout.

While some pain does go away on its own, often, the pain will get worse. Victims may wait until that happens to seek treatment.

There are two problems with this: injuries can and do get worse when they are left untreated, and it can be harder to link the injury to the crash. A commonsense argument is the longer away treatment occurs from the crash, the less likely the treatment is related to the crash.

Whenever there is a significant gap between the crash and the first meeting with a doctor, insurance companies claim the injury did not happen in the crash. They claim the victim suffered an injury because of something else that happened between the time of the crash and the date of treatment. This is known as an intervening cause.  They may even say you are in pain because of a preexisting medical problem that became aggravated.

It is important to not delay medical treatment after a car crash. It is possible your injury is not that bad, but this determination needs to be left up to a qualified medical professional. Getting to the hospital or a doctor’s office quickly helps you get pain relief and establish a strong link between the crash and any injuries diagnosed by doctors. Soreness, although mild, could be a symptom of a more serious injury.

It is important to note that even if you delay treatment, an attorney may still be able to help you obtain compensation. That is why it is vital to call a lawyer right away.

It May be Difficult to Validate a Back Injury

Some back injuries may not show up on a medical imaging test, particularly injuries to soft tissues like muscles. Some injuries may not even show up on an MRI or X-ray. Technology will not always show a disc bulge or green tree fracture.

Even if an imaging test shows the injury, the severity of the injury may be at least partially based on the symptoms reported by the victim. This is a subjective measurement, and the insurance company is likely to be highly critical of how the victim describes his or her injury.

When a doctor diagnoses a soft-tissue injury, he or she is going to rely on the patient’s description of symptoms and pain levels. Even though the doctor is going to do a physical exam to determine range of motion and other benchmarks (ability to stand up straight, walk or bend at the waist), he or she is going to rely heavily on the victim’s feedback.

Insurers Consider Soft-Tissue Injuries to be Minor

Car insurance companies have biases against soft-tissue injuries. They are likely to consider these to be less serious than broken bone injuries or brain injuries.

Despite the insurance company’s bias, many crash victims who hire experienced attorneys can secure the compensation they need for their back injuries. While contacting an attorney is an important step, it is also important for victims to be diligent in their medical treatment. That means not skipping appointments without a good reason and rescheduling missed appointments.

If you stop getting treatment, the insurance company is going to say you are healed or you no longer need treatment. They will use that as a reason to devalue your claim.

If you disagree with the doctor’s treatment plan, you may want a second opinion. However, it is important to keep your lawyer informed about what is happening with your treatment.

Need Help with a Claim for Back Pain? Call TSR Today

Validating a car crash claim for back pain is often complicated, and without an attorney’s help, it is very unlikely you will be able to recover full compensation for your damages.

At TSR Injury Law, we are committed to securing maximum compensation for medical expenses, lost wages and non-economic damages. We have obtained $1 billion on behalf of our clients.

There are no upfront fees for our services and no fees while we work on your case.

Free consultation. No obligation. Call today: (612) TSR-TIME.

How a Drop Down Provision Could Affect Your Insurance Coverage After a Crash

writing on insurance paperworkYou are probably not surprised to learn car insurance companies like to insert a variety of provisions or clauses into their insurance contracts to try to protect their interests.

A common example of this is a drop down provision, which is also known as a household exclusion or step down provision. If a family member or someone else who lives in your house files a claim for uninsured or underinsured motorist coverage, a drop down provision may lower coverage to the state minimums, even if you bought more coverage.

Unfortunately, these types of clauses may hold up in court when challenged. That is why it is so important to review insurance policies carefully before signing up for coverage.

How Drop Down Provisions Work

The terms of drop down provisions may vary. These clauses could apply to liability coverage and underinsured/uninsured motorist claims.

Drop Down Provisions for Liability Coverage

This is coverage for crashes caused by the policyholder. Victims of these crashes can file claims to try to obtain compensation from this coverage.

If someone buys a policy with a drop down provision and causes a crash, but the victim is related to and lives with the policyholder, he or she may only be able to recover compensation up to the minimum limits required by state law. The drop down provision may say family members or people living in the policyholder’s household are excluded from the full liability coverage in the policy.

This could be a significant reduction in coverage, as many people buy more than the minimum required coverage.

There was a case in Minnesota where $1 million in liability coverage was knocked down to the state minimum for a married couple that was killed in a 2006 car crash. The father of the driver had purchased $1 million in liability coverage, but when the wife’s survivors sued for wrongful death, the insurance company enforced the drop down provision.

Unfortunately, the Eighth Circuit Court of Appeals allowed this clause to be enforced, because the woman killed in the crash was classified as a household member. The policy said coverage does not apply to bodily injury to:

  • Anyone injured while operating your insured car
  • The policyholder or anyone related to you and living in their household
  • Anyone related to the operator and residing in the operator’s household

The minimum required liability coverage in Minnesota is just $30,000 per person and $60,000 per accident.

Drop Down Provisions for Uninsured/Underinsured Motorist Coverage

The minimum amounts for uninsured/underinsured motorist coverage are $25,000 per person and $50,000 per crash. These coverages may apply if you get injured in a crash with an uninsured driver or one who does not have enough coverage for your damages.

If your policy contains a drop down provision, and you get hit by an uninsured or underinsured driver, passengers in your car may only get the minimum coverage. For example, even if you purchased more coverage, it might not apply to your children if they were in the car with you when the crash happened.

This is an unwelcome surprise, as policyholders buy extra coverage just in case they need it. Once people buy extra coverage, there is much less concern about having enough if the unthinkable happens.

In a serious crash, the minimum coverage probably will not be enough to cover the damages suffered. Victims or their loved ones will need to pay for medical care and other damages out of their own pockets, unless they have other insurance coverage to turn to, such as an umbrella policy.

When crash victims are left trying to pay out of pocket, they may skip treatment, or go deep into debt to pay for it. Most people do not have the financial ability to pay for ongoing treatment for a serious injury.

Unfortunately, Minnesota law does not require insurance agents to know everything about the policies they are selling. Our state also does not require drop down provisions to appear on an insurance policy declarations page. These clauses are often hidden in dense policy language that many policyholders do not sift through.

If you discover such a provision, contact your insurance company to have it removed or buy insurance from a different company. If the clause is there, the insurance company will use it. Their goal is to pay out the least possible amount on a claim. Even though you are the policyholder, the insurance company is committed to its interests.

Contact TSR Injury Law for Legal Help After a Crash

Crash victims do not need to try to pursue compensation on their own. You have the right to hire an attorney for help. However, your choice of attorney is important. You need an experienced lawyer with a track record of success who is prepared to go to court to fight for full compensation.

At TSR Injury Law, our Bloomington-based car accident lawyers have secured $1 billion on behalf of our clients, including victims of motor vehicle crashes. There are no upfront fees or legal obligations with our services. We have extensive knowledge of the law and a record of success battling insurance companies looking to underpay claims.

Experienced attorneys. Proven results. Call (612) TSR-TIME.

How an Umbrella Insurance Policy May Help Victims of a Minnesota Car Crash

business person holding umbrella icon over familyDid you know umbrella insurance could be used to pay for damages you suffered in a car crash?

That may be surprising to you if you have heard at least a little about umbrella policies. You may have heard they can help protect the financial assets of someone who causes a crash. Umbrella policies are recommended for those who have significant financial assets and those with a high public profile. For example, if you cause a catastrophic crash and have an umbrella policy on your car, the injured party will be properly compensated, and your private assets will not be at risk.

However, in addition to protecting your assets if you cause a crash, there are some umbrella policies that provide first-party benefits, such as uninsured and underinsured motorist coverage. This coverage could be used to compensate you for damages caused by another driver without insurance or one who did not have enough insurance to pay for your damages.

Below, we discuss umbrella policies in greater detail and why you may want to consider purchasing a policy if you can afford it.

If you were injured in a crash and have questions about seeking compensation, give us a call as soon as possible. Our Minneapolis auto accident lawyers are ready to assist you in seeking compensation at no upfront cost to you.

What is the Purpose of Umbrella Insurance?

One of the main purposes of these policies is to prevent the policyholder’s liability for a crash from causing financial ruin. If you cause a crash but your liability insurance runs out, you may still be on the hook for any remaining damages. That means the victim and his or her attorney may come after your assets, like your:

  • House
  • Business
  • Stock assets
  • Car
  • Life savings
  • Jewelry
  • Art
  • Other personal property

Should You Consider Umbrella Insurance?

There is nothing wrong with giving it some thought, particularly because umbrella policies are relatively cheap. The costly insurance is the base coverage that is mandatory in Minnesota. $30,000 is the state minimum.  Most companies require a base policy of at least $250,000.00 in coverage. The umbrella on top of that is fairly cheap.  In fact, they often cost around $150 to $300 per year, which is somewhere between $12 and $25 per month.

As explained above, not only could this protect you if you cause a crash, but an umbrella policy can protect you and your family if you are severely injured in a crash. Car crashes can be very dangerous and easily lead to serious or life-changing injuries. Treatment for these injuries could easily cost more than the value of the liability coverage from the vehicle that hit you.

It is important to be thorough when purchasing insurance coverage. If you get into a serious crash, you will be thanking yourself that you took the time to be clear on everything before you bought the policy.

Make Sure the Umbrella Policy has First-Party Coverage

It is important to note some umbrella policies do not include first-party coverage. They only pay for damages for which you are liable. That is why it is important to make sure a policy provides first-party uninsured and underinsured coverage before buying it, unless you only want the policy for third-party coverage.

You may have heard about stacking uninsured or underinsured motorist benefits, which is when you can combine uninsured motorist coverage from multiple drivers on one policy for one accident. However, in Minnesota you cannot do this. You are only allowed to stack wage loss and medical benefits for no-fault coverages.

If you buy umbrella insurance that does not provide first-party coverage, you will only get the base policy limit of your coverage no matter how injured you are. For example, if a bad driver hits you and does not have any insurance, you are limited to the base policy on your car for uninsured coverage.  If you properly purchased an umbrella policy with uninsured coverage, you could get 1 million dollars instead of $30,000.00 for compensation.

Need Help After a Car Crash? Call TSR Injury Law Today

It is often difficult for car crash victims to secure the compensation they need following a car crash. The insurance company may make an offer, but it could be for far less than the full value of a claim. Even if you try to renegotiate, they may refuse to change their offer.

That is why you should strongly consider hiring an experienced attorney to help you seek full compensation. At TSR Injury Law, there are no upfront fees or legal obligations with our services. That translates to no risk in contacting us. We are here to help, which is what we have been doing for over two decades and we have a proven track record of success.

Give us a call today to learn more. Call (612) TSR-TIME.

Minnesota Traffic Deaths Hit a 14-Year High in 2021

flower memorial on roadsideIn 2021, 497 lost their lives in traffic crashes in Minnesota, which is a 14-year high for traffic deaths in the state.

The state saw an average of 378 traffic deaths per year between 2016 and 2020, which raises many questions: What happened? Why was last year so much deadlier on our state’s roads?

According to the Minnesota Department of Public Safety, speeding was the leading cause of traffic deaths last year, as it accounted for 162 deaths.

There were also 124 fatal crashes caused by alcohol use and 24 caused by distracted driving. There were also 109 motorists who were not wearing their seat belts when they suffered fatal injuries in traffic crashes.

Unfortunately, once the pandemic started, drivers seemed to believe the police were not enforcing traffic laws. This may have led to an increase in risky driving behaviors, according to Office of Traffic Safety Director Mike Hanson.

The increase in traffic fatalities in Minnesota is part of a larger increase in traffic deaths across the nation. There was a nearly 20 percent increase in traffic deaths between January and June of last year compared to the same period in 2020. More than 20,160 people were killed in traffic crashes on U.S. roads between January and June of 2021.

The National Highway Traffic Safety Administration discovered average speeds went up in the last three quarters of 2020. Drivers traveling at extreme speeds – 20 miles per hour over the limit – also became more common. The number of motorists not wearing their seat belts also increased between March 2020 and June 2021.

The U.S. Department of Transportation is planning to roll out its first National Roadway Safety Strategy later this month. However, no matter what the national strategy is, Minnesota’s Office of Traffic Safety is planning to redouble its own efforts. Specifically, it plans to sharpen social media messages to speeders and those who do not wear seat belts.

Traffic safety advocate Sarah Risser wants the Minnesota Department of Transportation to put centerline rumble strips on more roads and install more roundabouts to make drivers slow down. She would also like to see some changes to the state legislature. For example, increasing fines for distracted driving and making the consequences for drunk driving offenses more meaningful.

“Government officials must seize the moment and move beyond the public message campaign,” said Risser.

Call TSR Injury Law for Legal Help After a Fatal Crash

If you were injured or lost a loved one in a car crash, our licensed Bloomington car accident lawyers may be able to help you. An initial consultation is free of charge and there are no legal obligations after meeting with us in a free legal consultation.

We know this is a difficult time for you and your family, and we are here to help. Our focus throughout the legal process is on our clients and their best interests.

Give us a call today to discuss your situation. (612) TSR-TIME

Can You Pursue More Compensation After Agreeing to Settle Your Injury Claim?

reviewing documents at a deskThere are many steps involved in pursuing compensation for an injury caused by another’s negligence. One of the final steps is often signing a settlement release with the at-fault party’s insurance company (or the victim’s own carrier for uninsured or underinsured settlements.)

Why is signing a settlement release one of the final steps?

To put it simply, once you sign a settlement release you are releasing the insurance company (and their insured bad driver) from future liability related to the crash in question. That means you are unable to file more claims or lawsuits, with rare exceptions.

Below, we discuss why it is very unlikely victims can file more claims after signing a settlement release. If you were injured in a car crash, or another type of accident, give us a call today to schedule a free legal consultation. We have been securing compensation for injury victims for decades and have obtained millions on behalf of our clients.

Why Signing a Settlement Usually Closes a Case

Insurance companies would not settle a case unless it provided some benefit to them. Even though a settlement requires them to pay money to the victim, settlements have clauses that release insurance companies from all past current and future liability. That means the victim waives his or her right to file any more claims or lawsuits regarding the accident.

The settlement agreement typically has a clause saying you accept compensation as resolution of all your claims. Once the settlement agreement is signed by the parties involved, the settlement becomes a legally binding contract.

What if You Later Discover You Need More Money?

There are times when victims realize they need more money for the damages caused by their injuries. Maybe they have run out of compensation but still need to attend doctor’s appointments or need more income to make up for a loss of earning capacity.

Unfortunately, there is usually no way to pursue more compensation for your damages. The settlement offer you signed is legally binding. It does not matter how severe your injuries are or how desperate your financial situation may be.

That is why it is so important to make sure the settlement offer provides all the compensation you will need before you sign it. It is crucial to work with an experienced Bloomington personal injury lawyer who has done this before and has a record of success. You want to be sure the settlement you are signing covers the full cost of all your past and future damages.

When Could You File Another Claim After Settling a Case?

If there were multiple at-fault parties, you may be able to file claims against any parties you have not already settled with. The release from liability in a settlement agreement only applies to that insurance company, not others.  A Pierrenger Release with the majority at fault insurance carrier would allow the victim to pursue other tortfeasors in the same crash.

For example, if you were injured because of another’s negligence and the negligence of a product manufacturer, you may be able to settle the claim against the individual’s insurance company and continue to pursue the product manufacturer.

What if There Are No Other Parties to File Claims Against?

You might be able to reopen a claim if you can prove you were coerced into signing a settlement, your mental capacity was limited or that the insurance company committed fraud. While insurance companies often make misleading statements or try to delay the legal process, proving an insurance company committed fraud is almost impossible.

This is something you should discuss with an experienced attorney. Our experienced attorneys have extensive knowledge of Minnesota’s Good Faith Law and what it requires insurance companies to do while handling a claim.

Steps to Take Before Settling a Case

Signing a settlement offer before discussing it with a licensed attorney is a bad idea. How can you be sure the settlement provides the compensation you need for medical bills and other damages? How do you know the different releases available to keep other claims viable or to preserve the next level of coverage such as underinsured claims with a Schmidt notice?

Talking to an attorney should give you peace of mind that someone committed to your best interests is evaluating your claim. You want to make sure a settlement will provide the compensation you need for medical treatment and other damages, so you do not need to pay for things out of your own pocket.

Contact TSR Injury Law to Discuss Your Claim

You do not need to go through the legal process alone. A licensed attorney from TSR Injury Law may be able to help you, and hiring an attorney often results in recovering more compensation than if you go through the legal process alone.

There are no upfront fees or legal obligations with our services. That means there is no financial risk in contacting our firm to learn more about how we may be able to assist you. We are dedicated to securing maximum compensation to help you and your family during this difficult time.

Give us a call today to learn more. Call (612) TSR-TIME.