Author: Steve Terry

Drivers often consider some crashes to be more serious than others. For example, if you get rear-ended at a relatively slow speed, you may not be too concerned about suffering a significant injury. You may be more focused on getting your vehicle repaired and dealing with the inconvenience of renting a car for a few days.

Many people also believe that high speed crashes, like those that happen on interstate highways, are more serious. Head-on crashes and collisions that occur when a vehicle is turning also put vehicle occupants in greater danger.

It is true that injuries from these types of crashes often cause more harm than crashes at lower speeds. That said, it is important not to make assumptions about the severity of a crash. Even “minor” crashes can cause severe injuries that could affect you for weeks, months or forever.

Below, we discuss injuries that may result from seemingly minor crashes, but which might be a bigger deal than victims first realize.

When Crash Victims Assume a Crash to be Minor

Accident victims may assume a crash was minor if there is little damage to the any of the vehicles involved. For example, maybe your car has a few dents, but those dents do not prevent you from opening your doors or your trunk.

Another reason a victim may consider a crash to be minor is if the airbags did not deploy. Victims wrongly assume airbags always deploy in serious collisions that cause more injuries. However, this is a false assumption. It is possible to hit a fixed object or another vehicle relatively hard without the airbags deploying.

Drivers may also think of most parking lot accidents, and other types of crashes that occur while backing up, as minor incidents.

Victims of a crash may assume if they can safely drive their vehicle away from the accident scene, they were not badly hurt. However, it is possible for a minor crash to cause damage to their vehicle’s engine or body frame. Additionally, some severe injuries, such as a head injury, have delayed symptoms.

Dangers of Minor Crashes

It is important to understand that even a low-impact crash can create enough kinetic force to severely harm your body. While cars are built to withstand some force to reduce the amount of damage, your body is not. In a collision, your upper body could be whipped forward and backward, which can lead to severe neck and back injuries.

Whiplash

Your spine is a sensitive part of your body that may be prone to serious injury in many types of accidents. Your spine and neck are simply not built to withstand the force of a crash. In short, even if the crash is minor, you could still suffer serious harm to the soft tissue in your neck and spine.

A whiplash is a common car crash injury that involves the straining of tendons and ligaments in the neck. The medical community generally believes a whiplash could occur in crashes at speeds as low as five miles per hour.

If you notice any of the following symptoms after a collision, you may have suffered whiplash:

Whiplash symptoms can be severe enough to cause victims to miss work or limit some daily activities while they heal. Victims may need emergent medical care and may also benefit from physical therapy and medication.

Brain and Head Injuries

Even a low-impact crash can jostle your head around, potentially causing a mild brain injury. There is a common misconception that there is no concussion or other brain injury if a victim does not lose consciousness. However, this is not true.

If you experience any of the following symptoms after a crash, it could be a sign of a brain injury:

Unfortunately, many people do not take these injuries seriously at first. They may wait to seek treatment until their symptoms get worse. Yet nearly half of the traumatic brain injuries that happen each year in the U.S. are due to car crashes.

It is possible you do not have a brain injury, but it is dangerous to make that assumption. It is better, and sometimes life-saving, to get evaluated by a doctor. Only then can you be sure whether you are injured and if more testing should be done.

Avoid These Mistakes After a Minor Crash

Do not wait to seek medical care after a collision, even if it seems minor. This step is critical for your health and well-being. If you wait to seek treatment, any injuries you sustained could get much worse.

Getting an immediate medical examination also helps your claim by linking your injuries to the crash. Waiting to get medical care gives the insurance company room to argue that your injuries were not caused by the accident.

Do not accept quick settlement offers from the insurance company. These initial, lowball offers are likely to be for far less than the full value of your claim. Once a settlement is finalized, the cost of any further medical care you need will have to come out of your own pocket.

Call TSR Injury Law for Help Following a Crash

If you were diagnosed with a car crash injury and have more than minor bumps and bruises, it is important to consider your legal options. Our experienced Bloomington vehicle crash lawyers are here to help you pursue the compensation you need at no upfront cost to you.

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

Car insurance companies are always looking for a reason to deny a claim for compensation or offer much less compensation than the victim may be eligible to receive. That is why it is important for victims to take steps to protect the value of their claim.

One step that is arguably more important than the others is establishing a record of consistent treatment of your injuries. That means getting to the doctor soon after the crash and attending all follow-up appointments.  In addition to documenting your claim, it is important to have consistent treatment to get back to your pre-crash health.

If you wait too long after the crash to seek treatment, or you skip appointments, the insurance company will argue your injuries are not that severe. They may also try to deny your claim, saying your injuries are not connected to the accident.

Below, our experienced Bloomington-based auto accident attorneys discuss the problems with gaps in medical treatment and what injury victims can do to help protect their claims.

Two Types of Gaps in Medical Treatment

The first type of gap that might affect your claim for compensation is a gap between the time of the crash and when you first saw a doctor to treat your injuries.

A gap of a couple of hours is not all that unusual. Unless you were transported from the scene in an ambulance, you might be there a couple of hours while police investigate the scene and complete their report. If you went directly from the scene of the crash to the hospital, it would be very difficult for the insurance company to claim you waited to seek treatment.

However, if you waited until the next day or even longer to seek treatment, the insurance company will start to investigate if you were injured because of something besides the crash. They may say you were involved in some other type of accident, and this was the cause of your injuries, not the crash. A timelapse of a week or longer to seek initial care could damage the causation between crash and treatment.  This claim may not hold up if your attorney challenges the insurance company on it, but this issue could make your claim more difficult than it needs to be.

Even if you think your injuries are not that serious, it is better to be cautious and see a doctor right away. If you are wrong, you may be glad you did because your medical records will help link your injuries to the crash. Even if you are right that your injuries are not that serious, you will know you have a doctor’s opinion backing up your own.

The other type of gap in medical treatment occurs when an injury victim skips an appointment or stops his or her treatment. The victim’s medical records show treatment stopped, which makes them assume the victim is fully healed or has reached the point of maximum medical improvement.

It is important to note there are legitimate reasons for missing doctor appointments. Maybe you could not get PTO at work or could not find a ride to the doctor because your car is still being repaired or you went out of town to help an elderly parent. Life happens, and this should not prevent you from recovering compensation. However, it is important to keep your attorney informed about missed appointments and why you missed them. More important than that is to reschedule appointments and continue your treatment. Taking steps like these helps to show the insurance company you are taking the situation seriously. Missing some appoints for real life reasons is allowed, but there is a limit to “excuses” that cause a lack of medical treatment.

Keep in mind your lawyer may be able to recover compensation for lost wages. If you are concerned about missing work to attend an appointment because you will lose wages, you can include lost wages in your claim. Minnesota No-Fault covers up to $500.00 a week tax-free, and other lost wages can be part of the injury settlement. You may also have short- and long-term disability policies that help cushion lost wages while recovering. While missing work can be bad in the short term, in the long run, missing work to get treatment can help your claim.

What if I Disagree with a Recommended Treatment?

These things can happen, and you are not required to go through with a type of treatment simply because you are trying to recover compensation for your damages. Your first concern with your treatment is doing what you think is in your best interests after discussing things with your family and your doctor. Your health recovery is most important, and you need to feel comfortable and have confidence in the treatment plan.

If you are unsure about a recommended treatment, you can research it, discuss it with your doctor, talk to your family, and even seek another opinion about your treatment. Keep your attorney informed so he or she will be prepared if the insurance company tries to use this against you.

You should not make decisions about your treatment based on how you think a particular treatment may affect the value of your claim. For example, a related surgery may increase the value of your legal claim but should only be considered if as a human it would help your pain. You need to make the best decision for you as a person first, then we can deal with the legal side.

Following Your Doctor’s Orders

While continuing your medical treatment is vital to the success of your claim, so is following the doctor’s orders between appointments. If the doctor tells you to avoid certain activities or to limit physical activity, make sure to follow his or her orders.

Disobeying your doctor’s orders could cause your injuries to worsen and could give the insurance company reason to think you are exaggerating your injuries. Disobeying doctor’s orders can be particularly bad if you post pictures to social media of you engaging in physical activity that makes it look like you are not injured.

Give Us a Call to Discuss Your Car Crash Claim

We have been helping car accident victims recover compensation for their damages for more than 20 years. We have been able to secure settlements from numerous insurance companies and are also prepared to go to court when necessary.

We understand this is a difficult time for you and your family and that is why there are no upfront fees for our services. We want you to know there is no financial risk in meeting with us or having us handle your case. We do not get paid unless you receive compensation.

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

Would you be surprised to learn there are thousands of car crashes that occur each year when drivers are backing up?

This includes crashes in parking lots and crashes involving drivers backing out of driveways and into lanes with passing traffic. Even though many of these crashes occur at relatively slow speeds, they can result in significant injuries that may have long recovery times. For example, backing up crashes could result in broken bones, serious bruises and whiplash.

Below, TSR Injury Law’s experienced attorneys discuss fault for these crashes. While the driver who was backing up is often at fault, there are times when fault may be shared. Sometimes both drivers involved in a backing up crash were negligent.

If you were injured in a crash in Minnesota, TSR Injury Law may be able to help you seek compensation for your damages. We offer a free consultation and do not charge upfront fees.

Why do Backing-Up Accidents Happen?

Like most car crashes, backing-up accidents are caused by some form of driver negligence. Unfortunately, drivers are often much too reckless when backing up, whether they are backing out of a parking space or driveway. They rely on their mirrors and do not turn to look behind them. Even if they do look, they may pull out way too fast.

Sometimes drivers in passing cars are at fault for trying to pass instead of stopping. For example, if a driver is already halfway out of a parking spot and a car tries to swing around, the driver of that car may be found liable.

Sometimes drivers take unnecessary risks when backing up. For example, drivers backing out of a driveway onto a main road may try to do so quickly because they do not want to wait longer for traffic to clear. Oncoming drivers may not be paying attention and may not be able to slow down quickly enough to avoid a crash.

Reasons Drivers Who Were Backing Up are Often at Fault

Typically, drivers on the road or through lane you are backing into have the right of way. That is one of the main reasons why drivers who are backing up are commonly found at fault for these crashes. If they are not 100 percent at fault, they likely still bear most of the fault.

There are exceptions to this general rule, however. If the oncoming driver was negligent in some way, he or she may be partially to blame. Examples of negligence that could lead to a backing-up crash include:

• Speeding – Even though a speeding driver may have the right of way, speeding is still negligence. Driving over posted speed limits puts other drivers at risk because you have less time to react to dangerous situations.
• Intoxication – If a driver was drunk or on drugs during the crash, he or she is likely to be found partially to blame for the crash.
• Failing to yield – When another driver has the right of way, you are required to yield. Unfortunately, drivers are often impatient and do not want to wait for drivers to finish backing out.
• Reckless lane changing – If a driver attempts to back out into a lane where traffic is clear, but another car moves into that lane at the last second without signaling, he or she may be held liable. Even if the oncoming driver signals, he or she may be held partially liable for changing lanes because the driver who was backing up thought the lane was clear.

Determining Fault for Parking Lot Crashes

Many backing-up crashes happen in parking lots. As there is a lot of activity in parking lots, determining fault for crashes may be difficult.

Below we discuss some common types of parking lot crashes and how fault may be assessed.

Backing Into a Parked Car

As the parked car was not moving, the driver of the other vehicle is likely to be found at fault for the crash. That said, if the car is illegally parked, the owner/driver of that vehicle could be found at fault. You would likely need to prove it was difficult to see the parked car if you were the one that hit it.

Backing Into a Moving Car

You are required to look behind you when backing out of a parking space to avoid hitting moving cars, parked cars or pedestrians. If you were the one backing up and a crash happens, you are likely to be found at fault. There may be an exception if the other driver was not paying attention or was speeding.

Two Cars Back Up at the Same Time

It is likely that the drivers of both vehicles will be partially responsible for the crash. However, one driver may be more at fault than the other, such as if one car was much further out of the parking spot than the other.

Preventing a Crash When Backing Up

The key to avoiding a crash in these situations is to be cautious. Take your time, look behind you, and if necessary, wait for traffic to pass. There is no need to rush because that may make a crash more likely.

Many vehicles are equipped with backup cameras. While these are helpful, you should not use them as a substitute for checking for traffic. Make sure to use your mirrors, peripheral vision and turn your head to be sure the path is clear.

Contact TSR Injury Law Today for Legal Help

Unsure of your legal options after a car crash?

TSR Injury Law is here to assist you in recovering compensation for your damages. Our Minneapolis car accident attorneys have helped numerous crash victims recover compensation – over more than 20 years we have secured $1 billion in compensation on behalf of our clients.

Schedule a free legal consultation today to learn more about how we may be able to assist you. There are no upfront fees or legal obligations. Our goal is to recover full compensation for your injuries and damages.

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

The last thing you want to happen when you let someone borrow your car is for them to get into a crash. You do not want the driver to get injured, the other party hurt and there are questions of your liability as the car owner.

You may also be on the receiving end of a crash and wonder if the car’s owner has liability for your damages.

Below, our experienced attorneys car accident lawyers in Bloomington discuss what you should know about car crashes involving borrowed vehicles, whether you were the one borrowing the car, letting someone else borrow your car, or you were hit by a driver who borrowed a car.

If you have questions about legal options following a car crash, call TSR Injury Law today. The initial consultation is 100 percent free and comes with no obligation to take legal action.

Are You Lending Your Auto Insurance When You Lend a Car?

Yes and no. Certain types of auto insurance coverage follow the car, while others follow the driver. For example, these coverages usually follow the car:

If you allow someone to borrow your car and that person causes a crash that injures other people, your bodily injury liability is first in line to cover these damages. Your insurance will also be used to pay for damage to other vehicles. Your collision or comprehensive coverage will be used to pay for damage to your vehicle.

However, the driver who borrowed your car would use his or her personal injury protection coverage (from their car not involved in the crash) to pay for his or her medical bills. Depending on the coverage language, the driver may also have to use a resident relative’s PIP coverage for bills and wage loss reimbursement.  If the driver owns a separate car, their policy will also be second in line for the victim’s bodily injury claim if they exhaust the owner’s coverage.

Giving Permission to Drive Your Car

While each situation is unique, the general rule is “initial permission” equals liability.  If you give basic permission to use your car, liability will follow even of the permission is abused.  For example, if you allow your friend to borrow your car to get dinner and explicitly say “only get the food and come back” but the friend drives to Wisconsin and causes a crash, your insurance is on the hook.

If you are going to allow someone to borrow your car for an extended period or have access to the vehicle often, consider adding that person to your car insurance. That way you can be sure you will have coverage for damage to your vehicle.

If you keep your insurance company in the dark, there is an outside chance your policy is voided and coverage eliminated. Insurance companies charge based on risk and if there are multiple drivers they are not aware of, they may see you as too much of a risk because you chose not to inform them.

The same rationale applies if your boyfriend or girlfriend moves in with you.  You should inform the insurance company if you think your significant other may borrow the car from time to time. A good rule of thumb is that any member of your household who has a driver’s license should be listed on your car insurance policy.

Remember that if you exclude someone from your policy, your insurance will not apply if they drive your car and get into a crash. That means if they caused the crash, you may be personally on the hook for damages others suffered.

What if Your Car was Stolen or Taken Without Consent?

If your car was stolen and involved in a crash, you usually will not be held liable for damages that are caused. Depending on the coverage in your policy, your insurance may pay for damage to your vehicle. This should also be the case if your vehicle was taken without your consent.

However, the insurance company for the other driver involved in the crash may look for reasons to claim you did give someone permission to use your car.  More importantly, if you failed to keep the vehicle safe from theft you may also be blamed.  The common Minnesota example is keeping your car running, keys in and door unlocked in the winter when you run inside a store.  If your car is stolen, it could very well be your “fault.”

Another common example, if you specifically told someone not to drive your car, but you left the keys where you knew they could easily be found, the injured party will argue you are still liable. They may have a strong argument if the person who drove your car has a history of reckless driving or even drunk driving. The insurance company may cite the principle of negligent entrustment, saying you should have taken greater care to prevent this person from operating your car.

Protecting Yourself When Lending Your Car

The best rule is to not let others drive your vehicle.  If you must, make sure you only lend your car to people you can trust.

If you are concerned about a friend or someone who lives with you driving your car without your permission, keep the keys with you. Avoid leaving keys in a place where they are easy to find.

Give Us a Call to Discuss Legal Options After a Crash

Choosing an attorney is one of the most important decisions to make after getting injured in a car crash. You do not want to rely on the insurance company to offer fair compensation for your damages, even if it is your own insurance company.

For more than two decades, the experienced attorneys at TSR Injury Law have been securing millions on behalf of our clients. We have helped many crash victims secure the compensation they needed to move forward.

There are no upfront fees or legal obligations. We are not paid unless you get paid.

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

Many crash victims wait to contact a lawyer. For example, crash victims might call a lawyer if their claim was denied, or the insurance company’s settlement offer is far below what they think it should be. Unless these kinds of things happen, victims may think it is too soon to call a lawyer.

However, some crash victims call an attorney from the site of the crash or after receiving treatment at the hospital. In some cases, the victim is so severely injured a family member contacts a lawyer to discuss possible legal options.

Below, we discuss why it is often not too soon to call a Bloomington car accident lawyer for help. TSR Injury Law offers a free legal consultation, and there is no obligation to hire our firm. This is an opportunity to tell us what happened so we can determine how we may be able to assist you.  We will give you an honest opinion if your case has merit and what we can do to help.

Calling a Lawyer Quickly Helps You Protect Your Rights

If you wait to call a lawyer, you risk damaging your claim because you will be dealing with the insurance company on your own. Even if you are working with your own insurance company they are not always looking out for your best interests. They are looking to protect their bottom line, which is why insurers often undervalue or deny claims.

Insurance adjusters have a lot of experience misleading crash victims. For example, they may try to get them to say things that damage their credibility and the value of their claims. Often adjusters may sound like they are trying to help, but they are only doing this to make you feel comfortable. If you relax, you may be more likely to make comments that downplay the seriousness of your injuries., accept blame or muddy a situation that was once clear. Insurance adjusters often suggest to not call a lawyer (Illegal conduct in Minnesota) or “forget” to cover all the benefits you have as part of your insurance policy.

When the insurance company calls, you may be feeling good about your prospects for recovering. However, saying, “I am OK,” or “I have been feeling much better,” will be used against you to devalue your claim. The insurance company may say you are mostly recovered. They may also decide you do not need much more compensation for medical expenses or other damages.

By calling a lawyer right away, you can allow him or her to deal with the insurance company for you. We have vast experience handling insurance companies, and we know how to protect rights while we build your case.

Sometimes an attorney might not be able to help. For example, if your damages are not significant, you may have a good chance of filing a claim and seeking compensation on your own. However, it is important not to assume an attorney will or will not take your case. You should talk to an experienced attorney and have him or her tell you what he or she thinks. Taking the time to ask questions can provide peace of mind.

Is it Ever Too Late to Talk to a Lawyer?

While it is rarely too soon to talk to a lawyer after getting injured in a crash, there are times when it may be too late. For example, if the statute of limitations for filing a lawsuit has already passed, there may be little an attorney can do to help.

In Minnesota, there are several statutes of limitations for filing lawsuits over personal injuries, such as from a car crash. There are other notice provisions if bars are involved in illegal sales, or a government entity is the at-fault actor. The time limits could be as short as six months up to six years. This is yet another reason to call and seek free advice to make sure you do not miss the statute of limitations.

Even if the deadline has not passed, an attorney may be unable to help. Attorneys need time to investigate, gather evidence, evaluate damages, and take other steps to build a strong case. If the crash was a year before an attorney is called, valuable evidence may be forever lost.

While it is best to contact a lawyer right away, you should not assume an attorney is unable to help. At TSR Injury Law, the initial consultation is free and comes with no obligation to hire our firm. There is no financial risk in calling our firm to learn how we may be able to assist you.

Have Legal Questions? TSR Injury Law is Here to Help

For more than two decades, TSR Injury Law has been helping crash victims secure compensation for their damages. Our firm has secured $1 billion in compensation on behalf of our clients.

We know how devastating a car crash can be, physically, financially and emotionally. We are committed to pursuing maximum compensation to help you put your life back together.

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

The most important thing to do after getting injured in a car crash is to seek medical treatment. You need to be evaluated by a qualified medical professional to diagnose, stabilize and begin treating your injuries.

But what type of doctor should you see? Can you go to your primary care doctor? Do you need to be seen by a specialist who has detailed knowledge about the type of injury you suffered?

These are all important questions. We discuss this issue in detail below, and if you have more questions, TSR Injury Law’s experienced Minneapolis car crash attorneys are here to answer them. We know this is a confusing time, as we have helped countless crash victims through the legal process.

Schedule your free consultation today to learn more about our services.

Should You Just go to the Emergency Room?

Many crash victims decide to go to the emergency room, and this is often the best option, particularly for severe injuries. Some victims are taken directly to the hospital via ambulance, as they have severe or life-threatening injuries that need to be treated right away. If the crash happened in the evening or at night, an emergency room may be the only option.

If you can walk away from the crash, you may not think your injuries are severe enough to warrant a trip to the emergency room. However, that may not be the case. Minor symptoms could be a sign of something more serious.

Maybe you hit your head but there is no bruise, and it is not bleeding. However, even if you did not lose consciousness, you could have suffered a brain injury. Pain in your abdomen could be a sign of internal bleeding or damage to an internal organ. Waiting to seek treatment could allow things to get much worse.

Even if you only go to the emergency room out of an abundance of caution, this is better than waiting to seek treatment. The good thing about an emergency room is they have the equipment to diagnose your injuries and the expertise to start treatment.

Are Urgent Care Centers Similar to Emergency Rooms?

While primary care doctor’s offices are often closed in the early evening or even late afternoon, urgent care centers may still be open. This may be a viable option, depending on the severity of your injury. If an injury is too severe, the urgent care center is likely to just send you to the emergency room. They are not set up to treat true medical emergencies.

Some victims may need an extra push to go to the emergency room and being sent there by a doctor at an urgent care center may be that extra push.

Even if you go to the emergency room and find out your injuries are not that bad, it is better to know than to be uncertain.

Can My Primary Care Doctor Treat Me?

Some primary care doctors have a blanket policy of not treating crash victims. Not only are primary care doctor’s offices not set up to bill auto insurance for crash victims, but some family practice doctors may not want to deal with the extra legal paperwork required by insurance companies or lawyers. They also may have a fear of the legal process such as being called to testify at a deposition or in a trial.

Even though you may be comfortable with your primary care doctor, it is probably best to only see the family doctor once in the beginning and then transfer your care to a facility set up to work with auto insurance and lawyers. Once your injuries have been diagnosed, you will want to be referred to specialists for better specialized treatment

Another problem with seeing your primary care doctor first is that you may not be able to see him or her soon after the crash. Typically, you need to make an appointment and you might not be able to get one for one day or more following the crash.

You do not want to have a significant gap in time between the crash and when you started medical treatment. The insurance company may use this as a reason to claim you were injured by something besides the crash. They may also claim your injuries are not that severe, otherwise you would have sought treatment sooner.

Explaining Your Injuries

When you meet with a doctor after a crash, be sure to explain all the symptoms you are experiencing, even if you think they are minor in nature. Tell the doctor about the body parts that were impacted in the crash. For example, did you hit your arm on something? Did your head hit the steering wheel?

If you have been seeking treatment for an existing health issue, tell the doctor. He or she may be able to determine if the crash could make that existing injury worse.

Contact TSR Injury Law to Discuss Your Claim

You may be thinking you do not need to work with an attorney because Minnesota is a no-fault state, and you will be dealing with your own insurance company.

However, insurance companies are committed to profit, not providing full compensation to policyholders who file claims. Even claims that seem perfectly valid could be denied or undervalued by the insurance company.

You need a trusted advocate fighting for your best interests. At TSR, there are no upfront fees or legal obligations. If you decide to hire our firm, we do not get paid unless you get paid.

Call TSR Injury Law today for legal help. (612) TSR-TIME

There are many benefits to hiring a lawyer after a car crash, one of which is receiving guidance on how to protect the value of your claim.

For example, your lawyer may recommend staying off social media until the legal process has concluded.

You may be thinking it is not necessary to completely avoid social media. You can simply be careful about what you post.

While using caution on social media may be effective, there are significant advantages to avoiding it altogether. To put it simply, there is significant risk and little reward to continuing to use social media during your claim.

If you are considering possible legal options after being injured in a car crash, TSR Injury Law is here to help. Our Bloomington-based auto accident lawyers have been helping crash victims for decades, and our firm has secured millions in compensation. An initial consultation is free, and we do not charge upfront fees for our services.

Risks of Using Social Media During Your Case

What is the worst thing that could happen if you continue posting to social media?

The main problem is you may write something or post a picture that damages your credibility and that could be used as an excuse to deny or undervalue your claim.

Pictures of You Having Fun

For example, you post a picture that shows you having fun on vacation or on a night out with friends or family members. It seems harmless, but the insurance companies involved in your claim, both yours and the bad driver’s, monitor postings. They will argue “you do not look like you are in pain.” They will argue your injuries have healed or are not as serious as you claim.

Pictures of Physical Activity

Pictures of you engaging in strenuous physical activity, exercising, lifting weights, doing chores or even just smiling or looking happy, could all be used against you. Insurance companies do not want to pay out compensation. As such, they will look for any excuse to devalue your claim, no matter how flimsy it may seem. The photos never show you after the daily activities taking medications, seeing doctors or using ice packs. It is just that moment in time when you are trying to enjoy life. Most injuries are not so catastrophic you are unable to function. Most cause daily pain, but people find a way to move forward. Photos only show one side of the story.

Posts Talking About the Crash

Posts discussing the crash could also hurt your claim. You could write something the insurance company may say is an admission of fault.

For example, if you say you could have done some things differently to avoid a crash, this makes it sound like you are partially to blame.

Comments on Your Posts

Comments on your posts could also hurt your claim.

For example, a close friend or family member could talk about how he or she is glad you are feeling better. Remarks like that could be used as a reason to undervalue or deny your claim.

Many people use social media to keep their friends and family members updated about what is going on in their lives. Even if you tell yourself you will avoid discussing the crash or posting something that you think could hurt your claim, it is difficult to stick to the plan.

Posts About Your Injuries

Discussing your injuries can be a very bad idea. For some reason, victims tend to downplay their injuries. Maybe they do that because they are trying to stay positive or because treatment is working.

On the other hand, posts talking about how severe your injuries are could be used by the insurance company to say you are exaggerating. This is an attempt to attack your credibility.  No matter what you say, the insurance companies will use it against you which is why not posting anything is safest.

Trashing the Insurance Company

You may be unhappy with the insurance company’s settlement offer or with how difficult they have made the legal process. However, trashing them on Facebook or another social media platform may lead the insurance company to claim you are negotiating in bad faith.

Contradicting Yourself

It is difficult to remember everything you have said about a crash before posting to social media. You could inadvertently say something that contradicts an earlier statement you made. You may not even remember what you previously said until the insurance company brings it up.

Using Privacy Settings

You may be thinking you can simply use privacy settings to keep the insurance company from seeing your posts. However, social media privacy settings may not guarantee complete protection from those trying to gain access.

Sometimes insurance company representatives pose as someone else and send friend requests to crash victims. Sometimes crash victims accept these requests, which allows the insurance company to see everything they post to social media. The insurance company can also review older posts to compare them to what you are posting while your claim is being processed. In addition, there are instances when a Judge may allow the other side to review your private posts. Even if you are secure at the onset, the private posts may later be seen.

One thing to remember is that unless you have a business and need to promote your products or services, you are not likely to make money on social media. Even posting in that situation could hurt the financial value of your claim and cause you to end up with less compensation.

Avoiding Social Media Altogether During Your Claim

If you stay off social media during the legal process, you are not risking posting something that could be used against you. You will not need to watch what you say or use caution accepting friend requests because you will be off social media. You are also not putting yourself in a situation where you could unintentionally hurt your claim.

All that said, it is a good idea to instruct friends and family members to avoid talking about your accident or injuries or posting pictures of you during the legal process. If the insurance company gains access to their social media feeds, posts about you could damage your claim.

TSR Injury Law May Be Able to Help You. Call Today

For more than two decades, we have been assisting injury victims as they pursue compensation for their damages. In that time, we have obtained $1 billion on behalf of our clients, many of whom were injured in car crashes.

There is no financial risk in contacting us or working with our firm – we work on contingency and do not charge upfront fees for our services.

Learn more by calling today. Free consultation. (612) TSR-TIME

Car accidents are often so traumatic to the body they not only cause new injuries, but they also aggravate old ones. While much of the attention is on new injuries, if old ones were aggravated and need additional treatment beyond what the victim was already receiving, you may be able to include this treatment in your claim.

The question is: How do you prove an old injury was aggravated by the crash?

How do you prove there is a difference between your current symptoms and the symptoms you were already experiencing from the injury?

The first thing to know is this is a task best left to an experienced attorney who regularly manages car crash claims. The attorneys at TSR Injury Law help crash victims every day and we know how to validate claims, including complex cases involving preexisting injuries.

Insurance companies regularly underpay claims, and they are more likely to fight a claim involving the aggravation of a preexisting condition. Without an attorney, recovering full compensation is likely to be extremely difficult.

Pre-Accident Medical Records

Your attorney will review medical records documenting treatment you received for your preexisting injury. The more detailed these records the better, as it will help your attorney to differentiate between existing and new symptoms.

If you did not seek treatment for a preexisting injury or did not talk to the doctor about it that much, it may be more difficult to prove your existing injury was aggravated or worsened in the crash. There is just not much information to go on.

In some cases, medical imaging tests taken before and after the accident show a visible change in an injury. In these situations, it may be much easier to validate a claim for worsening of a preexisting condition.

There may be situations where the victim was not receiving much treatment before the accident because the pre-existing injury did not require much treatment. Maybe the victim had done a lot of physical therapy and symptoms had significantly improved. Even though the victim was receiving less treatment, there would be documentation of an improvement in his or her condition. This could be compared to a post-accident assessment of a worsening of the victim’s preexisting condition.

It is important for accident victims to inform their doctors of worsening symptoms. Have a detailed discussion so this information can be included in your medical records and compared to your pre-accident medical records.

Your attorney will also communicate with your doctor and explain the legal standards of what is needed to document an aggravation claim.  Magic legal words like “within a reasonable degree of medical certainty” or “a substantial contributing factor” sometimes scare doctors when making an opinion.  Without your doctor’s opinion, insurance companies will not provide proper compensation for the claim.

Evidence of a Limited Ability to Work

Your ability to work may be limited after a car crash, whether you suffered a new injury or an old one was aggravated. If you can provide evidence of a consistent work history before the crash, but you are unable to work after the crash or must work in a more limited capacity, it may help prove worsening of a preexisting injury.

It is also important to have a doctor’s note detailing your work limitations. Without a licensed doctor’s medical opinion that you need to stick to these limitations, the insurance company could just say you are exaggerating.

Witness Statements

Employers, neighbors or coworkers could provide testimony about how an existing injury got worse after a car crash. These types of witnesses are referred to as “before and after witnesses.”  They can speak to limitations in the workplace or a reduction in physical activity. For example, maybe you used to do a lot of exercising, such as riding a bicycle or going to the gym. Their statements about your physical activity before and after the crash can strengthen a claim for compensation.

Preexisting Injuries That Could Get Worse After a Car Crash

A car crash could make many injuries worse. However, this situation is quite common with the following types of injuries:

Car crashes could also worsen preexisting medical conditions like arthritis and degenerative disc disease.

Have Questions About the Legal Process? Call TSR Today

You need a trusted advocate to help you pursue full compensation for the damages you suffered. Even though this is a no-fault state and victims first seek compensation from their own insurance companies, you need to know insurance companies are focused on their profits. Even though you pay your premiums, they are looking for any reason to deny or undervalue your claim.

The experienced Bloomington-based vehicle accident lawyers at TSR Injury Law have recovered millions on behalf of crash victims and there are no upfront fees for our services. Our goal is the same as yours, recovering the most compensation possible to help you through this difficult time.

Give us a call today. We are ready to assist you: (612) TSR-TIME.

We seek professional help in a variety of situations. For example, many people who develop health problems see a doctor. People who need help with their taxes often seek out an accountant. People also hire realtors to help them search for a new place to live.

Unfortunately, car crash victims often do not seek professional advice and guidance from an attorney. There are a variety of reasons why crash victims decide to go it alone. Unfortunately, many crash victims base this decision on a variety of myths and misconceptions. Sometimes they allow the insurance company to convince them they do not need an attorney.

Our experienced Bloomington auto accident attorneys discuss some of the most common reasons crash victims decide not to hire an attorney. What many do not realize is choosing a lawyer is one of the most important decisions a crash victim needs to make.

Recovering compensation cannot change what happened, but it is an important part of helping to secure your future.

What Crash Victims Think About the Idea of Calling a Lawyer

Whenever people are confused, anxious or unsure of their options, they tend to make rash decisions based on incomplete or untrue information.

Uncertainty About Needing a Lawyer

For example, even though some victims are unsure if they might need a lawyer, they are afraid to talk to one. They may even listen to the insurance company when someone tells them hiring a lawyer will result in a smaller settlement.

Not Knowing a Lawyer Personally

Some people decide not to call a lawyer because they do not know one personally. This is understandable, as people often choose to see professionals they know, or professionals recommended to them by a family member or close friend. Many people are not sure they can trust someone they do not know.

However, you can conduct your own research on a lawyer or firm to determine if you want to work with them. For example, you can read online reviews from people who hired the law firm in the past. You can learn a great deal about what it would be like to work with a particular firm or attorney by reading these reviews.

You can also look up case results to see if a particular firm has taken on cases like yours and what the results were.

You can check out case results and client reviews on the TSR Injury Law website and learn more about our firm and our experienced attorneys. You can also learn more about how we take cases on contingency, so there are no upfront fees.  Tsr Injury Law also provides a free phone comsulatation for any case.  We answer all questions and will gladly provide an honest assessment of the legal situation and the merits of your case.

Discomfort with Suing Someone

Many people are uncomfortable with the idea of suing someone else. They may even think hiring a lawyer and pursuing a claim will cause harm to the party that caused the crash.

However, it is important to note most claims do not end up in court. Most claims are resolved through a settlement with the insurance company. In fact, the at-fault driver may not have much involvement in your pursuit of compensation because we make the claim against the driver’s auto insurance.  It is rarely ever a personal claim against the driver’s assets. In the unlikely event your claim goes to court, the at-fault party might be questioned at a deposition or questioned in court. Your lawyer will be seeking compensation from the insurance company, not the at-fault driver’s bank account.

Factors Crash Victims Might Not Consider

Here is a question many crash victims may not consider: Does the insurance company prefer to deal directly with the victim or with his or her attorney?

The answer is they would rather deal with you than with an attorney. Think about it this way: Why would the insurance company tell you not to hire a lawyer and say hiring a lawyer will hurt your claim?

Insurance companies know their own research has found victims represented by lawyers tend to recover more compensation than victims who handle things alone. They also know crash victims are often desperate for compensation, unsure of their rights and unsure of the potential value of their claims.

Another factor to consider is the motivation of the insurance company versus the motivation of a personal injury lawyer. Despite what you hear on TV, insurance companies are for-profit businesses looking to protect their bottom line.

At TSR Injury Law, we are dedicated to pursuing maximum compensation for the victim’s damages. In other words, your interests align with ours. When we take a case, we manage the legal process on the victim’s behalf. You no longer need to be concerned about deadlines or legal paperwork. Our attorneys can manage these details and keep you informed every step of the way. We are also available to answer your questions.

Have Questions About Your Claim? Call Today for Legal Help

There is no obligation or upfront fee for meeting with a licensed attorney from TSR Injury Law. There are also no upfront fees if we take your case and no fees while working on your case. Our attorneys do not get paid for representing you unless you receive money from a settlement or courtroom verdict.

At TSR Injury Law, we are committed to securing maximum compensation. Our firm has obtained millions on behalf of crash victims, and we are ready to help you.

Call today to learn how we may be able to help you. (612) TSR-TIME

Drunk driving often results in serious injury or death, which is why it is illegal and drivers who are found guilty of this offense face severe penalties in the criminal justice system.

However, drunk driving also creates civil liability. This is an important distinction because the criminal justice system punishes drunk drivers, but it does not provide compensation for the damages suffered by crash victims.

While compensation does not change what occurred, it is vital for victims and their families as they look to move forward after these devastating events.

Below, we discuss how a Bloomington car accident lawyer may be able to help drunk driving crash victims. While it is important to hire an attorney after this type of crash, the attorney you choose is extremely important. You need an experienced attorney who has a history of securing compensation for crash victims.

TSR Injury Law has been helping crash victims for more than 20 years and our firm has helped them obtain millions in compensation.

Why the Civil Justice System is Different from the Criminal Justice System

Minnesota’s criminal justice system is set up to prosecute those who have been accused of crimes, making sure they receive due process of law. If someone is found guilty of a criminal offense, he or she can be penalized in accordance with state law.

Minnesota law makes it illegal to operate a motor vehicle with a blood-alcohol concentration of 0.08 or higher. That said, drivers could potentially be arrested and charged with DWI with a lower blood-alcohol concentration.

Typically, the first offense comes with a loss of license for at least 30 days and possible jail time. The driver’s license could be suspended for up to one year.

While each case varies, a DWI charge could cost the driver up to $20,000, considering court costs and other legal fees and higher car insurance premiums.

If an impaired driver injures someone else or damages their property, the court that penalizes the impaired driver may order him or her to pay restitution. Restitution is compensation for economic losses, typically damage to the victim’s vehicle.

However, victims need to know restitution may not be paid out all at once. Unless the court orders restitution be paid all at once, the impaired driver will be put on a payment schedule, either by his or her probation officer or the court administrator.  It is also common for the drunk driver to be in jail, not have a job and not be able to pay restitution even if ordered to by a Judge.

If the offender does not pay, a judge could extend the offender’s probation until the victim receives restitution. However, the offender could delay the process by asking for additional documentation to justify the order of restitution. Even if the drunk driver can stick to a payment schedule, he or she may not be able to pay very much.

Despite the consequences of drunk driving for victims, the criminal justice system does not allow them to pursue compensation for all their damages. That is left to the civil justice system. That is why you need a civil attorney if you or a loved one were a victim of a drunk driver.

Can a Civil Case and Criminal Case Be Pursued Together?

Yes, you can pursue a civil case against the drunk driver while the criminal case makes its way through the justice system.

However, it is important to note many car crash cases are resolved through negotiations with an insurance company. As Minnesota is a no-fault state, you may be seeking compensation from your own insurance policy for some benefits, like wage loss or medical bills, but you can also seek compensation against the drunk driver’s insurance for pain and suffering and unpaid bills and wages.

It is important to note the result of the criminal case may not affect a civil claim, such as an insurance claim. Criminal claims have a higher standard of proof. If the drunk driver is not convicted in criminal court, your lawyer may still have enough evidence to validate your claim.

Can the At-Fault Driver’s Insurance Company Deny Responsibility?

Many insurance policies have exclusions for intentional actions. You may be wondering if an at-fault driver’s insurance company could use these exclusions to try to deny responsibility. If your lawyer ends up pursuing a claim against the at-fault driver’s insurance policy, he or she will counter any intentional act exclusions.

Liability for the Establishment That Served the Drunk Driver

While you may be thinking of filing an insurance claim yourself, you should know the legal process can be complicated, particularly when the victim was severely injured or died in the crash. Insurance companies are going to fight hard to undervalue or even deny these types of claims. The bottom line for insurance companies is profit, no matter how severely you were injured.

Fortunately, you do not need to go through this process alone. In fact, you can bring in an experienced professional to take on the legal process on your behalf.

The experienced lawyers at TSR Injury Law know how to validate a car crash claim, including a DUI crash claim. We are dedicated to the pursuit of maximum compensation on behalf of victims.

For example, we may be able to file a claim against the establishment that served the driver. Under Minnesota’s Dram Shop Act, an individual or establishment that illegally sold alcohol (serving to a minor or overserving someone who was intoxicated) could also be liable for injuries or death that may result.  Time is crucial for seeking additional fault against a bar.  Evidence is lost or forgotten.  If you want to hold a bar accountable, it is crucial to hire a law firm immediately so the investigation can occur quickly.

Injured in a Crash? Call TSR Today for Assistance

Our attorneys know what crash victims go through, as we have helped so many after these unexpected events. When alcohol is involved, these crashes often have devastating results. Even though victims need compensation for medical bills and other expenses, insurance companies routinely undervalue claims, no matter how severe the crash.

You need an experienced advocate fighting for your best interests. You need an attorney prepared to go to court if necessary.

At TSR Injury Law, we are ready to manage the legal process on your behalf, pursuing the compensation you and your family need. There is no upfront cost with our services.

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