How Long Could It Take to Resolve a Car Crash Claim?

meeting at desk about a legal issueWhen a car crash causes a serious injury, the victim is likely to have expensive medical bills and lost income because he or she is unable to work. This often creates a financial crisis and leaves victims anxious for compensation from a personal injury claim. That is why one of the first questions they have for an attorney is: how long will it take to receive a settlement check?

The answer is different for every claim. There are also many issues that could come up during the process that could cause delays. Sometimes your attorney will need to file a lawsuit to obtain maximum compensation for your damages.

If the insurance company contacts you to attempt to quickly resolve your claim, be careful. Settlements offered early in the process are often for far less than the full value of a claim. The licensed attorneys at TSR Injury Law are committed to resolving your claim quickly, but only for the maximum compensation available.

Call today to schedule a free consultation with a Bloomington auto accident lawyer. No upfront fees or obligations.

What Are the Steps in the Legal Process?

The first step in many personal injury claims is often a consultation with an attorney. This gives the victim a chance to confidentially discuss what happened and learn more about whether there is a valid case. It is important to meet with an attorney that has experience with a variety of car crash cases and a history of positive results.   The insurance companies know who the good law firms are and also know which ones will simply settle for an easy buck.  Quick settlement are often pennies on the dollar of the true value of a case.

Investigation

The next step, if the attorney validates your claim, is an investigation. Your attorney can review the police report, evidence from the scene, witness testimony, medical records, medical bills and other expenses, and anything else relevant to your claim. For example, your attorney may formally request video footage of the crash or consult crash reconstruction experts.

The insurance company will conduct its own investigation to determine if your claim is valid and how much it may be worth. Keep in mind, the insurance company is looking for any reason to deny or devalue your claim. Adjusters and others involved in processing your claim may drag their feet and delay the process.

A common reason for a delay in your claim is the insurance company contesting fault for the crash. They may claim you are entirely to blame, or they may assign you a percentage of fault.  Insurance companies often argue you are at least 10% at fault for just being on the road.   This is not true, but they will always argue anything to limit their exposure.  If you hire an experienced lawyer, he or she can review your claim to determine if you bear any fault for what happened. He or she can also work to try to ensure you are not assigned more fault than you deserve.

Continuing Your Medical Treatment

While the investigation continues, you should continue your medical treatment. That means going to follow-up appointments, meeting with specialists, undergoing tests, following your doctor’s orders about limiting physical activity and other aspects of your recovery.

Claims are usually not resolved until the victim reaches the point of maximum medical improvement. That means the victim must be at a point where treatment is unlikely to cause marked improvement in your injury or the limitations it causes you. Your doctor should determine when you have reached this point. It could take anywhere from a few or several months to a few or several years for your condition to stop improving, or for you to make a full recovery.  You never want to settle your case and then need major medical treatment after for your injuries.

One potential delay in the process is the insurance company requesting an independent medical exam. It is important to discuss these types of requests with a licensed attorney. Independent medical examiners are often picked by the insurance company because they tend to reach conclusions that are favorable to the insurance company.  They are often the opposite of “independent”.

Sending a Demand Letter

When you reach maximum medical improvement, your lawyer can send a demand letter to the insurance company requesting compensation for your damages. At the point of maximum medical improvement your lawyer will be able to calculate the full value of past medical expenses and the estimated value of future medical expenses. Even though future and ongoing treatment may not improve your condition, your lawyer can still request compensation for these expenses.

The demand package may also include evidence of your injuries and the cause of the crash, such as pictures and video footage.

Negotiation

Once the demand letter is submitted, the insurance company can respond. The response will either be to accept the demand, reject it, or make a counteroffer. This is where negotiation between your lawyer and the insurance company usually begins. Both sides may go back and forth several times before a settlement is agreed upon.

Filing a Lawsuit

If a settlement cannot be agreed upon, your lawyer can file a lawsuit to pursue compensation. Sometimes filing a lawsuit motivates the insurance company to offer fair compensation. However, if the case gets to trial, this could be several months after your lawsuit was filed.

Discovery

This is when both sides gather evidence to fortify their positions on fault and injury.  This may include written questions and answers, in person deposition or review of expert testimony based on the evidence. Both sides also share what they have collected with each other so they can re-evaluate their positions as more evidence come in.

Mediation

This is often the last step before a trial. Both sides meet with a third-party mediator to attempt to resolve the situation.

Trial

Both sides call witnesses and present their case to the jury, and the jury will decide whether to award compensation and how much to award. If your case reaches this point, it could take anywhere from several months to more than a year from the date of the crash for your claim to be resolved.

Often one of the biggest reasons for the process taking a long time is the insurance company dragging its feet or not offering fair compensation.

Call TSR Injury Law to Learn More About the Legal Process

At our firm, we understand victims often have many questions about their claim and how an attorney may be able to assist them. That is why we offer a free, initial legal consultation with no obligation to take legal action.

We have recovered over a billion in compensation on behalf of our clients, and this includes many motor vehicle crash victims.

Learn more about how we could help you. Phone: (612) TSR-TIME.

Additional Car Insurance Coverage You Should Consider Purchasing

reviewing insurance documentsUnlike other states, Minnesota car crash victims generally turn to their own insurance policies first to obtain basic medical and wage loss compensation. They can file a claim against their personal injury protection (PIP) coverage.

Minnesota also requires you to buy uninsured/underinsured motorist coverage.  If you are hurt by an uninsured driver, or a driver who does not have enough liability coverage, you can make a second claim for compensation to help recoup your losses.

There are additional, optional coverages available for purchase for Minnesota drivers. If you can afford these coverages, they could help you avoid the financial catastrophe that often results from a crash.

Collision and Comprehensive Coverage

Repairing your car can quickly become very expensive, particularly if the body sustains serious damage or engine components need to be replaced.  In addition, if there is a dispute about who is at fault, the other driver’s insurance may deny fixing your car until fault has been established.

Not having a functioning vehicle for even a few days can make life very difficult, as you need to figure out how to get to and from work, go out to run errands and transport children. Even if your policy has rental car coverage, that coverage may run out before your vehicle is fixed.

Your PIP, uninsured and underinsured coverages do not pay for fixing your vehicle.

However, collision coverage would pay for damage to your vehicle from the crash. Fault does not matter, and the coverage even pays for damage caused in a crash with an object. While this coverage is technically optional, lenders often require drivers to purchase this coverage before approving a car loan.

Another optional coverage is comprehensive, which pays for losses that do not result from a collision. For example, a tree branch falls on your car or your car is stolen or damaged in a fire. These are all examples of damages that may be covered by comprehensive coverage. Damage from a crash with a deer or other wild animal may also be covered.

Roadside Assistance Coverage

If you need to call a tow truck to tow your vehicle, change a flat tire or jump-start your battery, you can use this coverage to help pay for it. The cost of towing is often calculated on a cost-per-mile basis, so the cost could add up quickly if your vehicle needs to be towed a long distance.

Gap Coverage

Many people may not be aware of how easy it can be for a car to sustain such severe damage that the insurance company declares it a total loss. There is no exact formula, but if it costs more than 85% of the value of your car to fix, the insurance company will total it.  Unless you are in a relatively new car or the damage is mostly cosmetic in nature, the cost of repairing the damage could easily be more than your vehicle is worth.

If you are still paying off the loan on your car and it is declared a total loss, you will still owe the balance of your loan.  Car values depreciate rapidly.  New car owners often face the worst situations as they have a brand-new car with a $30,000.00 loan, but within a week the car is only “worth” $25,000.00.  If your car is totaled, Gap Coverage will pay for the $5,000.00 “gap” between what is owed on the loan and what the car is currently worth.

You could also use gap coverage if you leased your vehicle. It usually does not cost much to add this to your insurance policy.

Contact TSR Injury Law for Help With Your Car Crash Claim

After a car crash, one of the most important decisions you can make is choosing a Bloomington auto accident lawyer to represent you as you seek compensation.

At TSR Injury Law, we have obtained over a billion in compensation on behalf of our clients, including many motor vehicle accident victims. Read more about what our satisfied clients have said about the services we provide on our testimonials page.

There is no risk in contacting us because there is no fee for your initial consultation and no obligation to hire us. We also do not get paid for our services unless you receive compensation.

Have questions? Call TSR Injury Law today at (612) TSR-TIME.

Liability in a Crash Involving More Than Two Vehicles

damage to front of white carMost car crashes involve two vehicles, and one driver is often the one who bears the majority or all the fault for what happened. The typical example is car 1 rear-ends car 2 or car 1 runs a red light and strikes car 2. However, sometimes more than two vehicles are involved, such as in a crash on an interstate or multi-lane highway. When these crashes happen, it is often difficult to clearly or easily assess fault.

If you were a victim of one of these crashes, it is important to discuss it with an experienced attorney. He or she can help determine if you may be eligible for compensation and if you bear any fault for what happened.

Being partially at fault does not bar you from recovering compensation. However, you can be sure the insurance company will attempt to assign you more fault than you deserve, to reduce the value of your claim. That is why you need someone in your corner fighting for your best interests.

How Do Multi-Vehicle Crashes Occur?

Often, these crashes are chain reactions – one car hits another, which hits another, and so on. There is a higher likelihood for these crashes when there is high traffic or vehicles are traveling at high speed.

When there is a lot of traffic, one driver rear-ending another could easily cause the other driver to hit the back of another car. Multi-vehicle crashes are more likely when vehicles are traveling at high speed because there is less time to slow down to avoid a collision.

In a chain reaction crash, the driver who initiated the crash often bears the majority of fault. However, it is possible for other drivers in the chain to be partially at fault. If you were following another vehicle too closely when you were rear-ended by another vehicle, you may be partially to blame, even though you may not have hit the back of the vehicle in front of you unless you were rear-ended.  There is always an argument you hit the car in front of you before you got rear-ended.

There are various reasons drivers could be assigned fault in a multi-vehicle crash, including:

  • Following too closely
  • Speeding
  • Failing to use turn signals
  • Driving a car with brake lights that were not working
  • Distracted driving, such as texting and driving
  • Government entities/public agencies that failed to properly maintain a road, causing drivers to stop abruptly to avoid obstacles

While defensive driving may help reduce your risk of getting into a crash, including a multi-vehicle crash, you cannot control what other drivers do.

Things to Remember After a Multi-Vehicle Crash

If you are ever involved in this type of collision, keep in mind that assessing fault may be very complicated. You should strongly consider meeting with a Bloomington car accident lawyer before talking to the insurance company, as they may try to trick you into blaming yourself for what happened.   Insurance companies take recorded statements from you and all witnesses before determining liability.  They want to get to you before you have legal representation so they can ask questions not normally allowed.

You may have strong reasons to believe you are to blame, at least partially. However, this is not something you should tell the insurance company or the other drivers. Discuss this with your lawyer, as these conversations are confidential.  Sometimes you may think a potential “bad fact” is relevant when it is not.  Not all facts are legally relevant.

Witnesses may be crucial in these kinds of cases, so if you are physically able, find and talk to witnesses while you are at the scene. With their permission you can record a video of your conversation on your phone.

Street or local business video footage may be available, which is another reason to strongly consider hiring an experienced attorney who will know how to obtain this footage (before it disappears) and other important evidence.

How Does Comparative Fault Apply to Multi-Vehicle Crashes?

In Minnesota, you can pursue compensation from anyone who bears less fault than you do for the crash. However, your compensation award will be reduced by your percentage of fault for the crash. For example, if you are 10 percent at fault because you were speeding slightly when the crash occurred, your compensation award would be reduced by 10 percent.   In other words, you would still be able to collect 90% of the damages you sustained.

You can discuss this law in more detail with one of the licensed attorneys at TSR Injury Law if you schedule a free consultation.

Injured in a Car Crash and Need Legal Help? Call TSR Injury Law Today

At TSR Injury Law, we know how difficult the aftermath of a car crash can be physically, financially and emotionally. We have assisted many crash victims as they sought compensation for damages. We have extensive knowledge of the legal process, including how insurance companies try to avoid paying fair compensation to crash victims.

Our firm has obtained $1 billion over more than 20 years representing injury victims in Minnesota. The consultation is free of charge. There are no upfront fees for hiring our attorneys. We do not get paid unless you get paid through a settlement or courtroom victory.

We are here to help. Phone: (612) TSR-TIME.

Maintaining Your Credibility When Seeking Injury Compensation

Current image: Woman Checking Social Media Social

How important is a crash victim’s credibility while seeking compensation for medical bills and other damages?

Here is one way of looking at it: Insurance adjusters who think a judge and jury would find a crash victim to be believable and trustworthy may be more likely to offer fair compensation and settle quickly. If you are not seen as credible, the insurance company may have more reason to drag its feet or offer less money.

Your credibility is based on many factors, including:

  • What you say and do after the crash
  • Whether different statements you made contradict each other
  • Your social media posts
  • Whether other evidence may disprove your earlier statements

Steps You Can Take to Protect Your Claim’s Value

The best approach for protecting your claim is to be cautious about what you say and do after being injured in a collision.

For example, you do not need to provide a wordy or detailed statement to the insurance company. You can simply say you were in a crash and were injured. You can say also where and when the crash occurred. The insurance company will investigate the crash and can also refer to the police report for additional information about what occurred.

All your statements will be reviewed and compared by the insurance company to find where you may have contradicted yourself. Another way insurance companies may look to damage your credibility is by comparing your statements to other evidence, such as video footage of the crash or eyewitness interviews.

Avoid stating opinions about the crash or describing how you are feeling or were feeling before it happened. For example, avoid saying things like, “I was in a rush.” Maybe you were in a rush, but if another driver was negligent, your being in a rush may not have been a factor in the crash.

Even if you avoid making these kinds of statements, the insurance company may claim you are to blame for the crash. There is no sense in giving them more information that could very likely be used against you.

Avoiding Social Media

You may have heard that it is important to avoid posting anything related to your crash, such as angry comments about the other driver, pictures from the crash scene or even general posts providing more details about what happened. While avoiding those kinds of posts is a good place to start, it is important to understand that even seemingly harmless posts could be damaging to your claim.

As an injured victim who is seeking compensation, you do not want to give the insurance company leverage by sharing posts that could be used to claim your injuries are not that serious.

Posting photos or status updates about the following could damage your credibility:

  • Pictures of you on vacation
  • Going out with friends on the weekend
  • Playing sports
  • Engaging in strenuous physical activity

It seems harsh, but insurance companies will do anything to protect their profits.  A photo of you skiing or lifting your child at a birthday party will be viewed as “look, he has no pain and is happy.”  There will be no photo of you later laying in the bed with ice or taking medications, so the photos will be interpreted without a buffer or counter photo showing the truth.  In addition to avoiding social media posts about these activities, you want to be sure you are following your doctor’s orders about physical activity.  There is a big difference between “I cannot do something….” versus “I can do something, but later I am in pain.”  If you tell a doctor, or a doctor tells you, to not do something, then do not do it!  To be clear, just be truthful.  If you say you cannot lift 10 pounds, then do not lift 10 pounds. It is bad for your health, it is dishonest and could be viewed as insurance fraud

You may think you are protected if your profile settings are private, but insurance companies may still be able to find a way to view your profile. They may have an adjuster send a friend request, for example or if the case goes to litigation they ask a judge for your password to look at all of the previously private messages and photos.

Insurance providers have also been known to hire private investigators to follow crash victims to see if they are following doctor’s orders or doing anything that makes it look like their injuries are not that serious.

Other Factors Impacting Victim Credibility

While your actions after the crash have a major impact on your credibility, other past events that could work against you include:

  • Past driving citations
  • Substance use issues
  • Documented history of being dishonest with insurance companies

You can be sure insurance providers will search for anything in your history they can use against you. That is why you should seriously consider hiring an experienced Bloomington car crash lawyer to help you protect your claim.

Partial Fault for Car Crashes in Minnesota

Insurance providers are looking for anything they can use against you not just to try to deny your claim. If they can prove you were partially at fault, they can reduce the value of your compensation award. This is because of Minnesota’s comparative negligence law.

You can learn more about how this law may impact your claim in a free consultation with a licensed attorney from our firm.

Learn How TSR Injury Law May be Able to Help You

Hiring an experienced lawyer to deal with the insurance company and explain how you can protect your claim is a great way to maintain your credibility.

At TSR Injury Law, our attorneys deal with insurance companies every day, and we have obtained tens of millions in compensation on behalf of our clients. We know how they may try to discredit you and reduce the value of your claim.

Schedule a free legal consultation to find out how we are prepared to manage the legal process on your behalf, allowing you to focus on treatment and recovery.

Injured in a crash? Call TSR Injury Law at: (612) TSR-TIME

How Does Motorcycle Insurance Differ from Car Insurance?

desk with blank insurance applicationThere is one major difference between car insurance and motorcycle insurance in Minnesota: personal injury protection coverage. Learn how this can affect you after a crash with another vehicle.

It is important to carefully consider the coverages and coverage limits you should purchase when buying insurance. If you do not purchase enough coverage, you may be stuck paying medical bills and other expenses out of your own pocket. Medical bills from an accident can be difficult to afford, particularly when you cannot work because of a severe injury.

If you are struggling to obtain compensation after a car crash, call TSR Injury Law to schedule a free consultation. We have helped numerous car crash victims obtain compensation after an accident.

Personal Injury Protection Insurance

Minnesota is a no-fault state, which means car accident victims must turn to their own auto insurance, under the personal injury protection (PIP) coverage, no matter who is at fault for the crash.  PIP will cover medical bills, wage loss, funeral costs and costs to hire someone to perform household activities.

Minnesota mandates a minimum of $40,000 ($20,000.00 medical and $20,000.00 wage) in (PIP), but many people purchase more than the minimum required by law.

Unfortunately, Minnesota does not require motorcyclists to purchase this coverage and in fact most insurance carriers do not even sell PIP for motorcycles  (There is a small substitute for PIP for motorcycles.  It is called Medical Payments coverage (medpay).  Medpay is only for medical bills and is sold from $1,000.00 to $5,000.00 in coverages.)  Insurers are only required to provide liability insurance for motorcyclists. Liability insurance is intended to provide compensation to victims of an accident that you cause. Even if you have PIP coverage on an automobile, you cannot use it if you were injured while riding a motorcycle you own.  There is an obscure loophole if you are a passenger on a non-owned motorcycle that TSR attorneys may be able to use for your case.

The legal rationale motorcycles do not require PIP coverage is because according to Minnesota’s No-Fault Automobile Insurance Act, a motorcycle is not considered a motor vehicle. The PIP insurance mandated by this law only apply to injuries or losses that arise from the use or maintenance of a motor vehicle.

Uninsured and Underinsured Motorist Coverage

There is no telling how much insurance coverage the other driver who caused your motorcycle crash may have, or if the other driver will even have insurance coverage. Even though Minnesota requires drivers to have minimum coverage, many ignore this law. Some drivers forget to pay their premium and their coverage lapses, or they simply cannot afford insurance on top of a car payment.

No matter if you purchase medpay for your motorcycle, you should strongly consider purchasing uninsured motorist coverage to protect you if the other driver does not have insurance. (You should strongly consider purchasing both medpay and uninsured motorist coverage, as motorcycle crashes often result in significant injuries that require expensive treatment.)

Since you can only file a lawsuit for crash damages in certain situations, you may not be able to rely on filing a lawsuit to recover compensation. Even if you can file a lawsuit, if someone does not have insurance coverage, it is unlikely they will have many assets for your Minneapolis motorcycle accident attorney to go after.

Other Coverages You Should Consider

There are a variety of other coverages you can purchase for your motorcycle to help cover damages from a crash or other situation:

Collision

This provides compensation for damage to your motorcycle if you are involved in a crash with another driver or other hazards, like signs, trees or cars that are parked. You may also be able to obtain compensation to repair or replace your helmet if it gets damaged in the crash.

Comprehensive

In a no-contact accident, there might not be anyone to pursue compensation from, unless you can file a claim against the entity responsible for maintaining the road where you crashed. This is where comprehensive coverage comes in. You may be able to file a claim for compensation for a no-contact accident, such as a crash caused by falling debris or damage to your bike because of a pothole or vandalism.

Get Help Pursuing Compensation for a Motorcycle Crash

Our trusted attorneys are here to help crash victims who need compensation for the cost of medical care and other damages they may have suffered. The initial meeting with our lawyers is free of charge, as we know a crash can result in a financial crisis for many people.

Unless we recover compensation for your claim, there are no attorney fees. That means no risk to you in talking to us about your potential legal options.

Have questions and need help after a crash? Call us today at: (612) TSR-TIME

Determining Liability When a Pedestrian is Injured in a Crash

walk signal at crosswalkWhile everyone who is sharing the road needs to cautious, pedestrians need to be particularly careful because they have no seat belts, airbags or other safety measures to protect them in a crash. Pedestrians should not assume drivers see them and should stay hyperaware of traffic around them.

If pedestrians are not careful, they could not only get seriously injured, but also be found partially at fault for the crash. Below, learn more about liability in pedestrian crashes and why it may not always be so simple to determine who is at fault.

Responsibilities of Drivers and Pedestrians

As a pedestrian, state law requires you to take certain steps when you do things like cross the street. These measures are meant to reduce the risk of a dangerous crash.

For example, just like drivers, you are subject to the traffic-control signals at all intersections. If there is no signal at your intersection, drivers are required to yield to you when you cross the street in a marked crosswalk or at an intersection with no marked crosswalk.

When a pedestrian is crossing, the driver is required to remain stopped until the pedestrian has crossed the lane where the vehicle is stopped. No cars behind the lead car can pull out and attempt to overtake the lead car while a pedestrian is crossing.

It is illegal for you as a pedestrian to suddenly step off the curb or another area of safety and walk or run into a vehicle’s path when it is impossible for the driver to yield.

If you cross the road outside of an intersection, you must yield the right-of-way to all approaching vehicles. However, it is illegal to cross between adjacent intersections that both have working traffic-control signals.

If you are walking along a roadway, or in a wheelchair along a roadway, you must, when it is practical, move on the left side of the roadway or shoulder giving way to oncoming traffic. However, it is illegal to walk along the road when a sidewalk is accessible.

Fault When a Crash Occurs

Pedestrian crashes are often caused by negligent drivers. For example, they may run a red light and hit a pedestrian crossing the street. Drivers could also hit pedestrians while making a right turn on a red light and failing to yield.  This scenario occurs often because drivers look left for oncoming traffic as they turn right.  The drivers fail to also look to the right before they proceed.

However, there are times when pedestrians could be to blame. Jaywalking, which refers to crossing the street outside of a crosswalk, could result in the pedestrian being found partially at fault. When crosswalks are available, pedestrians need to use them, as they are designed to get the attention of motorists to help prevent crashes.

Pedestrians should also avoid running out into the street, particularly from between two parked cars. It can be very difficult for drivers to see pedestrians and they may not have enough time to slow down or swerve to avoid a collision.

Even if you are not hit by a car, if the driver is forced to take evasive action to avoid a crash and he or she hits other vehicles or a fixed object, you could potentially be found partially liable for the driver’s damages.

Can At-Fault Pedestrians Seek Compensation?

It is very important to note you can still seek compensation if you are partially at fault for a crash. At the scene, be careful not to admit fault. If the insurance company calls you, avoid admitting fault.  The Minnesota rule is if you are less than %50 at fault you can be compensated for the injuries you receive.

Even though you may be somewhat to blame for the crash, it is better to let the investigation play out. If you say it was your fault from the start, it may be more difficult to refute this later.

The attorneys at TSR Injury Law are prepared to review your situation in a free consultation to determine if you may have been at fault and if you may still be eligible to seek compensation. Even if you have some fault, we are committed to building a strong case to try to prevent the insurance company from assigning you more fault than you deserve.

Injured in a Pedestrian Crash? Call TSR Injury Law for a Free Consultation

Your injuries could affect you for a long time – potentially the rest of your life. That is why talking to an experienced attorney is so important during this difficult time. He or she may be able to secure compensation for your medical treatment and other damages.

Our Bloomington auto accident lawyers offer a free, no-obligation legal consultation. That means there is no risk to you in reaching out to find out how we may be able to help. Our firm has recovered $1 billion in compensation on behalf of our clients.

We are not paid unless you get paid. Call (612) TSR-TIME today.

TSR Staff Volunteered for We Push for Peace to Help Those in Need

Current image: We Push for Peace Group Photo Social

At TSR Injury Law, we not only help injury victims in our community with their legal needs, we also make sure to try to give back to the communities where we live and work.

Last week, members of our legal team volunteered with the organization We Push for Peace. We gave our employees the option of a paid day off to go out into the community and volunteer. We donated food and hygiene supplies, packed them up and gave to those in the community who are in need.

We Push for Peace is a nonprofit started by Trahern Pollard to advocate for and be a resource to people in the inner city. Lately, this organization has been continuing to help those affected by COVID-19 while pushing for the justice, accountability and change the community needs in the wake of the death of George Floyd.

To learn more about the organization, we encourage you to visit their website or reach out to the Founder/CEO Mr Trahern Pollard at [email protected].

TSR Injury Law. Trusted. Local. Lawyers.

What is a Soft-Tissue Injury Claim Worth?

stretching out a knee ligamentCar crashes can cause a variety of soft-tissue injuries, depending on the type and speed of the crash and the point of impact. While many people may take these injuries less seriously than things like broken bones or internal injuries, they can often cause long-lasting pain and suffering, limited mobility, and other medical problems.

Below, learn more about how attorneys evaluate these injuries to determine the value of the economic and non-economic damages they can cause.

If you were injured in a crash, you should seek immediate medical attention as you may not notice signs of a soft-tissue injury immediately afterward. If you wait, the injury could get much worse and your recovery may take longer. After seeking treatment, contacting a lawyer is an important step as you pursue fair compensation.

Soft-Tissue Injuries That Often Result from Crashes

A soft-tissue injury is one that affects the ligaments, tendons or muscles.  These ligaments, muscles or tendons are in the neck, back, knees, elbows or shoulders. These body parts can become strained, sprained or torn, resulting in significant pain, limited mobility and other problems.

Some common examples of soft-tissue injuries include:

  • Whiplash – This is an injury to the neck that often occurs in rear-end accidents. The driver’s head and neck are jolted forward by the impact and suddenly stopped, often because of the seat belt or airbag. This can lead to severe pain, headaches, dizziness, tingling in the arms and stiffness in the neck. Whiplash could affect you for months or even years.
  • Contusions – These are severe bruises that may result from a body part hitting the steering wheel, airbag, dashboard or door. You could experience pain or swelling and limited mobility around the contusion.
  • Sprains – This refers to twisting or overextension of joint ligaments. Whiplash could be considered a type of sprain.
  • Strains – This is like a sprain except the muscle or tendon can be stretched or partially torn. Symptoms can include pain, weakness, swelling, inflammation and cramping.

Evaluating Soft-Tissue Injury Damages

One of the main factors in the value of a soft-tissue injury claim is the medical bills for past and future treatment for your injury. For example, you may need to see a chiropractor and/or physical therapist to help you regain mobility, strength and function in the injured area. You may also need to get X-rays, MRIs or other tests to diagnose your injury and the body parts that are affected.

Pain from your injury may require prescription medication, along with crutches or braces to deal with limited mobility.

It is important to hire an attorney with the resources to thoroughly evaluate your damages. For example, your lawyer may need to consult a medical expert to determine the treatment you may need and how long you may need it. An experienced attorney can also be beneficial to your claim because he or she will have helped many other crash victims determine the value of their damages.

Another important factor in the value of a soft-tissue injury claim is the pain and suffering you experience on a daily basis. There is no defined value of pain and suffering. The value of these damages is determined on a case-by-case basis.

There are two common ways attorneys and insurance companies may calculate pain and suffering. For example, they may add up all your economic damages (medical bills, lost wages, property damage) and multiply this total by a number, often something between one and five. Another way is to determine a daily value of your pain and suffering and multiply that by the number of days of pain you are likely to experience.  Years of experience help attorneys compare past settlements and verdicts to current cases and create a fair understanding of the legal value of the injury.

Your attorney will also need to consider other factors, such as whether your condition is likely to get worse over time and how effective future treatment may be.

Call Today to Set Up a Free Consultation About Your Soft-Tissue Injury

You may have many questions after suffering an injury in a car crash, including questions about taking legal action to obtain compensation for the damages you suffered.

That is why meeting with an attorney for a free consultation can be an important step to take. The Minneapolis personal injury attorneys at TSR Injury Law have a proven track record of recovering fair compensation for crash victims. Over more than two decades serving Minnesota injury victims, we have obtained over a billion in compensation.

There are no upfront fees for our services, as we are no paid for representing our clients unless we obtain compensation on their behalf.

Have questions? TSR Injury Law is here to help. Call (612) TSR-TIME.

How Important is the Police Report After a Car Crash?

woman talking to police about a crashOne of the first thoughts many car crash victims have in the moments after the crash is about calling the police. Victims want police officers at the scene to investigate, issue traffic citations and complete a report on the crash.

While it is true that it is important to call the police after a crash, particularly if you want to have a chance of obtaining compensation for your vehicle or body damages, there are limitations to police reports. Below, learn more about how police reports can help car crash claims and some of the limitations.

Our Bloomington auto accident attorneys offer a free legal consultation to discuss your crash and the damages you have suffered. We understand what car crash victims go through because we have helped so many obtain compensation for car crash damages. The consultation is free and comes with no legal obligations, which means no risk to you.

How a Police Report Could Help Your Claim

A police report provides an unbiased, third-party account of a crash, and police officers’ accounts of crashes are often considered reliable. People who witnessed the crash are also more likely to talk to police officers about what they saw because they often trust the police.  The witness’ recollection is also best right after the crash versus several weeks or months later.  The at fault party may also “admit” what they did at the crash scene, but later have a change of heart and start to forget or change their story.

Police reports provide basic details about the situation, including things like the weather, date, time, damage to the vehicles, road conditions in the area, traffic citations that were issued and contact information for witnesses. Sometimes police reports contain the responding officer’s opinion about who was at fault for the crash.

Police reports are often used in the insurance claims process, as they provide a lot of information that can be used in your demand letter for compensation.

While every insurance policy is unique, there may be a requirement to file a police report in order to obtain compensation. In fact, there are several Minnesota policies that will not allow a claim unless a police report is filed.  The State of Minnesota also requires you to file a police report when a crash fits certain criteria.

However, even if you are unsure if the crash fits these criteria, you should err on the side of caution and call the police anyway. Your injuries could be much worse than you initially realize. Crash victims have a tendency to minimize the severity of their injuries, unless there is a lot of blood or there are broken bones.   Even a basic description of an injury at the crash scene helps explain later pain and treatment that was needed.  Of course, medical records will have details about the injury, but the report can buttress the other records.

A police report helps to connect your injury to the crash. Without a police report, the insurance company is likely to question whether your injury happened in the crash or in another incident.

Limitations of Police Reports

Unfortunately, police reports generally cannot be admitted as evidence in a trial. These documents are considered hearsay, as the police officer has no direct knowledge of the crash. The report is not as reliable as an account from someone who was either involved in the incident or actually witnessed it.   However, the police report can be used to refresh an officer’s memory, so they can testify with a better memory of the events that usually took place years before.

While there are limitations to a police report, most car crash claims are resolved through an insurance company settlement. That means most crash victims do not need to go to trial to recover compensation for their damages.

Injured in a Car Crash? Call Today to Discuss Your Situation with a Licensed Lawyer

After calling the police and seeing a doctor, an important next step is talking to an experienced attorney about your crash. You may be eligible for compensation for damages as the crash may have been caused by another driver’s negligence, such as drunk or distracted driving.

Your free initial consultation is a chance to learn more about how we may be able to assist you during this difficult time. You are not under any obligation to hire our attorneys to represent you if we validate your claim. That means no risk to you in meeting with us.

Call us as soon as possible to set up a free legal consultation. Phone: (612) TSR-TIME.

Blue Bell Creameries to Plead Guilty, Pay $19.35M for Shipping Contaminated Products

empty courtroom view from judge's seatOn May 1, the U.S. Justice Department announced Blue Bell Creameries pled guilty and agreed to pay $19.35 million for shipping contaminated products that were linked to an outbreak of listeriosis in 2015. The guilty plea covers two misdemeanor counts of distributing ice cream products that had been tampered with.

Blue Bell has also agreed to pay $2.1 million for resolving civil claims related to making ice cream in unsanitary conditions and selling it to federal facilities, which violated the False Claims Act.

The former president of Blue Bell, Paul Kruse, is also facing charges of taking part in a scheme to conceal the outbreak from customers.

According to the Department of Justice, Blue Bell distributed ice cream made in unsanitary conditions and was contaminated with Listeria monocytogenes, which can be life-threatening.

What Blue Bell Did After Learning of the Outbreak of Listeria

In early 2015, Blue Bell was notified by state officials about two products from a factory in Texas that tested positive for Listeria monocytogenes.

To its credit, Blue Bell took action to remove the remaining two products from store shelves. However, the company did not recall the contaminated products or provide a warning to consumers, even after state officials in Texas discovered listeria in a third product.

Blue Bell did not issue a recall until there were 10 reported cases of listeria in four states. Three of those who were reportedly sick in Kansas ended up dying.

The company released a statement saying the plea deal concerned things that happened five years ago before facilities were closed and revamped. The company also apologized to customers, employees and the communities where they work and live.

The lawyer for former president Kruse said the former president is innocent and he and other employees did the best they possibly could with the information they had back in 2015.

Have You Been Injured by a Defective Product?

Our Bloomington defective product lawyers offer a free consultation to discuss your situation. You may be eligible to seek compensation for the damages you suffered. There is no obligation to take legal action after meeting with us.

We have obtained over a billion in compensation on behalf of our clients and we do not get paid unless our clients are paid first.

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

Can You File a Business Interruption Insurance Claim Over the COVID-19 Pandemic?

business closure sign for covid-19We cannot overstate the damage the COVID-19 pandemic and resulting shutdown orders have done to the U.S. economy. Millions of people have lost their jobs and many businesses will not survive the economic slowdown.

One possible lifeline for these businesses is business interruption insurance. If you purchased a policy, you may be able to file a claim and obtain compensation to help keep your business alive.

However, insurers are being overwhelmed with these claims right now. That gives them one more reason to look for a way to deny your claim. That is why discussing the situation with one of the Minneapolis personal injury lawyers at TSR Injury Law is a good idea. The consultation is free and we do not get paid unless you do.

Do I Have a Valid Claim for Business Interruption Insurance Compensation?

This is one of many questions you can ask the experienced attorneys at our firm in a free consultation. Once we review your business interruption insurance policy, the reason your claim was denied, your losses, and other factors, we could get a better idea about whether you have a valid claim.

While each policy is different, they generally cover loss of income caused by business operations being suspended or reduced, often because of physical damage to the premises where the business operates. Policies usually list the perils that are covered.

While these policies are often limited to losses caused by physical damage, some policies allow you to pursue compensation for losses caused by an order from a civil authority, which might include the stay-at-home order issued in Minnesota in March.

Whether you have already filed a claim and it is being processed, it has already been denied or you are contemplating a claim, consider contacting TSR Injury Law to schedule a free legal consultation. Be careful talking to the insurance company, as they will try to use what you say against you.

Compensation That May Be Available?

There are a variety of monetary losses you may be able to include in a business interruption insurance claim, such as lost revenue and profits. Other losses your policy may cover include:

  • Rent
  • Compensation for your employees
  • Cost to reopen your business
  • Litigation costs
  • Tax bills
  • Utility bills (phone, electric, internet, etc.)

A common question about these policies is: how long will compensation be provided?

It depends on the policy. Sometimes compensation could be provided for several months, other times it may be provided for a much shorter time.

Why Business Interruption Insurance Claims May Be Denied

One of the most common reasons business interruption insurance claims are being denied is due to a lack of physical damage to the business. It may be possible to argue that the virus can physically damage a business because it makes the premises unsafe for customers.

Some business interruption insurance claims may be denied because there was no mandatory stay-at-home order. However, this may be an invalid reason in Minnesota because of the mandatory stay-at-home order issued in March.

Another possible reason for your claim being denied is that your policy has specific exclusions for things like pandemics and viruses. Many insurance companies added these types of exclusions after the Severe Acute Respiratory Syndrome (SARS) outbreak in 2003. The thing is, these exclusions may not hold up if you hire an attorney to challenge them.

Make sure not to miss the deadline for filing a claim. You may need to file a claim even as you are accruing losses.

Keep track of documentation of your losses and damages caused by the shutdown. Some of the documentation that may help our attorneys validate your claim includes:

  • Insurance policy, particularly the declarations page
  • Bank statements
  • Bills for rent and utilities
  • Profit and loss statements
  • Records of the revenue of your business before the shutdown
  • Invoices
  • Purchase orders

Is Your Business Struggling to Survive? Call to Discuss a Business Interruption Insurance Claim

There is no risk in contacting our firm for a free legal consultation. There is no obligation to file legal action if we find you have a valid claim, and we do not receive compensation for our services unless you receive compensation.

We have recovered millions in compensation from insurance companies in a variety of claims. We know how insurance companies operate and how to overturn a denied claim.

Our lawyers are ready to manage your claim while social distancing, thanks to eSign and other technology. We are also ready to manage every aspect of the legal process without the need for a face-to-face meeting. Helping our community stay safe is of paramount importance.

Have questions? Call (612) TSR-TIME to learn more about how we may be able to assist you.

Nursing Home Industry Seeking Immunity from COVID-19 Lawsuits

Current image: walking frame next to an empty bed

Nursing home residents are at high risk for suffering fatal complications if they contract COVID-19, which is why more than 12,000 residents have died after contracting the virus.

Part of the reason for the spread of the virus in these facilities could be nursing home negligence, which is why the industry has been pushing for immunity from lawsuits. So far, several states have granted nursing homes explicit immunity from COVID-19 lawsuits. Several other states have also granted some level of immunity for health care providers, which may include nursing home workers.

States where nursing homes could be immune from lawsuits over COVID-19 negligence include:

  • New York
  • Alabama
  • Arizona
  • Connecticut
  • Georgia
  • Illinois
  • Kentucky
  • Massachusetts
  • Michigan
  • Mississippi
  • New Jersey
  • Nevada
  • Rhode Island
  • Vermont
  • Wisconsin
  • Virginia

Massachusetts and New York passed laws that specifically give immunity to nursing homes. Meanwhile, the governors of Connecticut, Georgia, Michigan and New Jersey issued executive orders providing immunity. The governors of Illinois and Arizona signed executive orders providing broad immunity to health care providers. Laws were passed in Louisiana, Kentucky and Wisconsin providing immunity for health care providers.

The definition of the term health care provider is crucial in states that provided immunity to these professionals. Victims and their lawyers will likely challenge these laws and executive orders based on the definition of a health care provider.

The American Health Care Association (AHCA) is leading the national lobbying effort for immunity for nursing homes. The AHCA has spent $23 million on lobbying efforts over the past six years.

Immunity could allow nursing homes to avoid liability for extreme negligence that allowed the spread of the virus. Federal records show almost 62 percent of nursing homes were cited for infection prevention and control lapses in 2019.

The daughter of one nursing home resident in New Jersey was not informed about her mother’s COVID-19 diagnosis. The daughter had to demand her mother be transferred to a hospital, where she was placed in intensive care. The nursing home in question is now under investigation by the New Jersey attorney general.

Most nursing homes are closed to the public and have strict limitations on visitors during this pandemic. The lack of ombudsmen, surveyors and enforcement of rules, along with immunity could be a very dangerous combination, according to the Center for Medicare Advocacy.

Nearly 70 percent of the more than 15,000 nursing homes in the U.S. are run by for-profit companies, and more than half are run by chains.

Has Your Loved One Been a Victim of Nursing Home Negligence?

Our Bloomington nursing home abuse lawyers offer a free legal consultation to discuss the situation. There is no obligation on you to take legal action. Our attorneys are not paid unless you receive compensation at the end of the legal process.

We are also able to handle your case in the way that is most convenient for you, which means there is no need for a face-to-face meeting. We are committed to protecting our community and sticking to social distancing guidelines to prevent the spread of the virus.

Call us anytime to schedule your free legal consultation. Phone: (612) TSR-TIME.