Steven Terry is the co-founder and current managing partner of TSR Injury Law. His practice consists solely of representing injured people and pursuing justice against wrongdoers. He has handled thousands of injury claims over a 20-plus-year career. Steve continues to exceed his clients' expectations and hold insurance companies responsible for the damage their insured's cause.
Injury victims are often focused on the medical care they currently need and may need for the next few days, weeks or even months. However, they may not be as concerned about their future treatment needs, probably because they are unsure of what those future treatment needs may be.
That is why meeting with a lawyer can be so important. Schedule a free, no-obligation consultation with our legal team today to learn about compensation for future medical care.
Medical Care You May Need Later
At the time of a settlement or verdict, your recovery may not be complete, and you may require additional medical care in the future. Your attorney should consult with your treating physician to determine what types of procedures and treatments are likely to be required to aid your recovery and clarify what treatment is needed in the future to continue the healing process.
The types of future medical care that may be necessary depend on the type of injury you sustained, its severity and where you are in the recovery process. For example, if you have sustained severe burns, you may require multiple reconstructive surgeries over the coming years to improve your condition. There is a healing period between each surgery, which pushes the entire timeline.
For any type of treatment, you may be able to pursue compensation for the following costs:
Hospital stays
Surgery
Diagnostic tests and imaging
Medications
Therapies
Rehabilitation
Medical equipment
Home modifications
Travel to medical appointments
It is very important to factor in these costs, so you are not stuck paying for your recovery out of your own pocket. You may not be able to afford it and may go into debt trying to obtain the care you need if you do not obtain compensation for future care.
Pain and Suffering
In addition to compensation for the pain and suffering you have experienced since the crash you can pursue compensation for the future pain and suffering you expect to deal with in the future.
Your doctor can estimate how long your recovery is expected to take in order to help your attorney determine the value of future pain and suffering.
The extent of your injuries along with medical expert testimony helps you prove the pain and suffering you have experienced. As you pursue compensation for the ongoing pain and suffering you expect to experience, it can be helpful to have multiple medical experts provide testimony regarding the severity of your injury, how long it is expected to take for you to recover and the level of pain you experience on a regular basis.
Contact Our Experienced Attorneys for Help
If you were injured due to someone else’s negligence, you may be eligible to seek compensation that pays for future medical treatment, in addition to funds for other medical costs, lost wages and pain and suffering. Our Minneapolis personal injury attorneys work to ensure victims receive a fair settlement that accounts for future medical costs and other damages.
Schedule a free, no-obligation consultation today. We charge no upfront fees, and you only pay us if we recover compensation for you.
Call (612) TSR-TIME or complete our Free Case Review form.
You may want to conceal a preexisting injury out of fear it could reduce the value of your claim. However, this is a bad idea. While it is important to disclose the injury, it is also important to be careful how you do it.
An experienced Minneapolis personal injury lawyer from TSR Injury Law can answer your questions about this issue and other aspects of the legal process. If you hire us to represent you, we are prepared to handle communication with the insurance company on your behalf. Part of this communication deals with current injuries and how they compare or are different from past injuries.
Types of Preexisting Conditions
Preexisting injuries are often aggravated by car accidents and other types of accidents. Common preexisting conditions that may be aggravated in an crash include:
Herniated discs
Degenerative disc disease
Lower back strains
Fractures
Hernias
Arthritis
Fibromyalgia
Brain injuries
Shoulder injuries
Knee injuries
Can You Still Recover Compensation?
Even if you had a preexisting injury at the time of your accident, you may still be able to recover compensation for your new injuries. You may need to prove your new injuries are worse, different or unrelated to your old injury.
If your old injury has been aggravated, you may be eligible to receive compensation for damages related to the aggravation. You would need evidence of how it was aggravated. For example, maybe you began suffering new symptoms or your symptoms got much worse, resulting in more medical expenses than before.
What to Say About a Preexisting Injury
When you are discussing your injury with your personal injury attorney, it is vital that you provide as much information as you can. The more your lawyer knows, the better chance he or she has of building a strong case for maximum compensation.
You also need to tell your medical provider, if he or she is different from the one who has been treating your preexisting condition, so that you can receive proper medical treatment. Be sure to tell your doctor how your new symptoms are different from what you experienced before so he or she can note it in your medical records.
Be Cautious with What You Tell Insurers
Insurance companies will actively look for ways to pay as little as possible for your claim. They will be looking for any evidence of a preexisting injury to use against you to lower the value of your claim or deny it altogether.
It is important that you are cautious with what you tell insurers about your preexisting condition.
If the insurance adjuster asks you about any preexisting injuries, it is fine to refer this question to your lawyer, who will know how to present this information to defend your best interests and secure the full value of your claim.
You should also avoid signing any medical release forms without your lawyer’s input. Insurance companies often try to get victims to sign a release of all their records, which could be disastrous to the victim’s chances of recovering compensation. Insurers often use these records to pin your medical bills on a preexisting condition from before the accident. Unlimited medical authorizations may also provide unrelated but damaging information that the insurance company can use to deny the claim. For example, a client signed a medical authorization before he hired TSR Injury law. The insurance company found a precursor for diabetes and assumed a shortened life expectancy which arguably shortened the costs for future related medical care.
Eggshell Skull Rule
One important legal principle that may apply to a personal injury claim is the eggshell skull rule. This rule states that a bad driver defendant must take a victim as he finds him. Even if a victim had a preexisting condition that made him or her more susceptible to injury, the defendant is still responsible for his or her negligence and the damages that stem from that negligence. For example, a victim may have a pre-existing nonsurgical disc herniation. If the crash makes the disc worse and now there is surgery, the defendant can not fairly argue the disc herniation was already there.
Many people have preexisting conditions, so letting defendants off the hook just because of a preexisting condition could make it harder for a lot of injury victims to obtain fair compensation.
Contact TSR Injury Law for More Information
If you were injured in an accident caused by someone else’s negligence and you are concerned about how your pre-existing condition may impact your claim, contact TSR Injury Law for help.
You should inform your lawyer of your pre-existing condition so that he or she can determine how to deal with this issue while pursuing maximum compensation for your damages.
We offer a free consultation to discuss this information with you in person. Call (612) TSR-TIME.
While each crash is unique, certain types of crashes often result in certain types of injuries. Below, learn more about some of the more common injuries in four of the most common types of car crashes.
If you have suffered any of these injuries, and you think your was caused by another’s negligence, contact the licensed personal injury lawyers in Bloomington at TSR Injury Law.
Rear-End Crash Injuries
Rear-end in which one vehicle plows into the back of another driver are usually caused by the vehicle in the rear following too closely or the driver being distracted. Common injuries associated i this type of include:
Concussion – Concussions can occur when a person’s head jolts backward and forward violently, or if he or she hits his or her head on the headrest, dashboard, windshield or another hard surface such as a side door panel. Concussions are not always readily apparent, so it is important that victims of car monitor for symptoms, such as confusion, nausea, headaches, dizziness, blurred vision, loss of consciousness or loss of balance.
Herniated disc – If the tissue surrounding a spinal disc ruptures or tears, a herniation may occur. These injuries may cause severe neck or back pain with associated tingling, and numbness into the arm or leg. Paralysis may occur in severe cases.
Soft-tissue injuries – Rear-end commonly cause soft tissue injuries due to the violent jolting that occurs during these crashes. Soft-tissue injuries include whiplash, sprains, strains and damaged nerves. Symptoms to watch out for include pain between shoulder blades, neck and back pain.
Head-On Collision Injuries
When two vehicles collide in a head-on crash, the resulting injuries are often very serious. One of the most common injuries stemming from this type of collision is a traumatic brain injury. This injury disrupts the brain’s normal function and may lead to lifelong consequences. The most serious traumatic brain injuries are fatal or result in physical or cognitive impairments.
Another serious medical condition that can arise after a head-on collision is paralysis, which can result from a brain or spinal cord injury. Victims may suffer from total or partial loss sensation to the affected area.
Fractures, amputations and internal organ damage could also result from a head-on collision. No matter the injury, an experienced auto accident lawyer in Minneapolis can investigate whether the at-fault driver was under the influence of alcohol or drugs or was distracted at the time of the collision to establish liability.
Side-Impact Crash Injuries
When a vehicle hits the side of your vehicle, you and passengers in your vehicle may be jolted violently from side to side. Vehicle occupants may suffer serious injuries, such as:
Rollover crashes are not as common as the other three crash types above. Of the 9.1 million vehicle crashes that occurred in 2010, only 2.1 percent were rollovers. However, approximately 35 percent of traffic fatalities in 2010 occurred in rollover crashes.
Some injuries that may happen in rollover crashes include:
Head and brain injuries – Skull fractures, brain injuries and other head injuries are common in this type of when the vehicle spins out of control and flips over. These injuries often have a long-lasting effect on a person’s life.
Spinal cord injuries – The force involved in a rollover crash is enough to result in serious spinal cord injuries, including paralysis.
Neck injuries – Rollover crashes can cause whiplash, nerve damage and other serious neck injuries.
Contact TSR Injury Law for Help
If you were injured in any of the types of crashes described above or suffered any of the injuries we discussed, contact TSR Injury Law for help. We offer a free consultation to discuss your claim, so there is no risk in contacting us.
Schedule your free case review today by calling (612) TSR-TIME.
On Thursday, Illinois attorney general Kwame Raoul filed a lawsuit against JUUL Labs, Inc., which is the largest manufacturer of e-cigarettes in the U.S.
The lawsuit claims the company marketed its vaping products to minors and made false claims about the dangers of these products and using them to help with quitting smoking.
The lawsuit says JUUL intentionally targeted young people by creating a product with a sleek design and flavors to mask the taste of nicotine. JUUL also engaged in social media marketing with bright colors and celebrities.
At a press conference announcing the lawsuit, Raoul pointed out that the U.S. Food and Drug Administration did not approve JUUL vaping products to help people quit smoking. The company still markets its products that way.
Another allegation in the lawsuit concerns the nicotine blend in the vape devices. The blend has more nicotine than cigarettes and other tobacco products.
This is the third lawsuit to be filed by a state attorney general this year. Last month, New York’s attorney general filed a similar lawsuit making a lot of the same allegations. Her lawsuit says JUUL used strategies often used by Big Tobacco.
In May, North Carolina’s attorney general filed a lawsuit, making North Carolina the first state to file a lawsuit against the popular e-cigarette maker.
Vaping Injuries in Minnesota
Vaping is an issue affecting children, teenagers and adults all over the nation, with JUUL dominating the market – sales of JUUL e-cigarettes increased 641 percent from 2016 to 2017. A 2019 Minnesota Student Survey found one in four 11th-graders in the state said they had used an e-cigarette within the past 30 days.
As of October 2019, there have been 73 patients in Minnesota who had confirmed or probable cases of lung injury from vaping. The Minnesota Department of Health is also reviewing another 32 cases of potential lung injury associated with vaping.
The first vaping-related death in the state happened on Sept. 6. Two more deaths occurred within the next month.
Have You or a Loved One Been Injured by a JUUL Product?
If you or your child or a loved one has suffered severe lung injuries after using a JUUL vaping device, or have become addicted to nicotine, you may be able to file a JUUL lawsuit.
TSR Injury Law is investigating these types of claims. Our Bloomington defective product lawyers offer a free legal consultation so victims can discuss their situation and ask their legal questions.
We do not get paid unless we obtain compensation on behalf of our clients.
Insurance companies often offer compensation to victims very quickly. They know victims are anxious to receive compensation because of mounting medical expenses, car damage, rental bills and wage loss. Sometimes insurance companies will try to settle the property claim and then add a few dollars for the “rest of the claim” when an injured person does not understand what they are settling for. Insurance companies also know victims have no idea what a “case” is worth, and that people receive on average three times more with legal representation.
However, it rarely is a good idea to accept a quick settlement. Learn more about why insurers make settlement offers to victims and how you should respond.
Reach out to an experienced Bloomington personal injury lawyer from TSR Injury Law to discuss the insurance company’s settlement offer. We may be able to help you obtain fair compensation for the damages you have sustained.
Initial Offers are Usually Too Low
If an insurance company offers a settlement soon after a crash, it is likely to be worth much less than the full value of your damages. The insurance company is looking to close out the claim quickly and pay out the lowest amount of compensation it can. Insurance companies are not concerned about you receiving fair compensation or fully recovering for the losses from your crash. They are businesses focused on profit. The less they pay out for claims, the more profit they make.
Insurance companies like to offer quick settlements because victims often take them, out of fear they may not get another offer. They also may feel anxious as bills and expenses pile up and they cannot work.
Once you settle your claim, you give up the right to pursue more insurance compensation and the right to file a lawsuit. This is devastating if you later find out your injuries were more severe than you first knew or discover the true value of the claim was short by a multiple of three.
Can I Counter?
Many accident victims are afraid to reject an insurance company’s offer because they fear that they will not make another offer. However, the first offer is usually not the last one the insurance company will make. The insurance company has an incentive to settle claims outside of court to avoid the cost and uncertainty of trial. They expect you to negotiate. The greater issue is injured people do not know the “value” of the claim. A first or last offer is usually much less than what the same claim is worth with legal representation. Why? Because attorneys that specialize in the area have thousands of other claims to compare to and most importantly, if the insurance company does not act fairly, a lawyer can hold them legally accountable. Injured people can only be mad about low offers. An attorney can actually do something about it and the firm’s reputation of prior litigation success also plays into the insurance company offer. The law allows for a multitude of claims. They include:
The cost of past medical bills
The anticipated cost of future medical care
Property damage
Lost wages
In addition to damages that are easier to calculate (like wage loss) there are “soft” damages to consider. These include the effects the accident may have on your life, such as:
Physical pain and suffering
Emotional Distress
Mental anguish
Loss of companionship
When Should You Settle?
The reality is that most personal injury claims settle, many before a lawsuit is ever filed. It is your case and ultimately your decision when you decide to settle. However, it is a good idea to discuss the situation with an experienced lawyer, who can help determine the fair value of your claim. A free legal consultation is key to any educated decision.
Your lawyer will likely advise you not to settle your claim until you have healed from your accident. At that point, your lawyer can better determine the cost of future medical care and how your injury may affect your life moving forward. A lawyer can also settle part of the claim and keep other parts open. For example, the car damage and rental can be settled quickly, but the end injury claim can remain open if the proper release is used.
Contact TSR Injury Law for Help
You do not have to confront the insurance company alone. The experienced attorneys at TSR Injury Law may be to help you pursue maximum compensation from the insurance company. You do not have to accept a lowball settlement offer from the insurance company that will not fully compensate you for the damages you suffered.
Contact us today to schedule your free case review. (612) TSR-TIME
You may have heard that insurance companies are notorious for looking for ways to deny or devalue claims. They do this with all kinds of claims, including dog bite claims. Dog bite claims are strict liability claims based on Minnesota Statute 347.22. Victims do not need to prove “negligence”, as is typical in normal injury cases, but strict liability does not mean absolute liability.
One of the common defenses against liability for a dog attack is to claim the victim provoked the dog. Minnesota’s dog bite statute states owners can be held liable if their dog attacks without being provoked.
Below, our experienced Bloomington dog bite attorneys discuss provocation for a dog attack and how insurance companies may use this defense to avoid liability for a dog bite victim’s damages.
What Does Provocation Mean?
Provocation is often the strongest defense to dog bite injury claims. Provocation involves acts that cause the dog to become excited, angered, irritated, impassioned, or stimulated so that an attack is much more likely.
There are many factors that must be considered to determine if a dog was provoked, including the dog’s:
Temperament
Responses immediately before and after the potentially provocative act
Medical condition
Previous history of behavior
Burden of Proof for Provocation
There must be a cause-and-effect relationship between the alleged provocative act and the dog’s response.
For example, in a case where a young child accidentally steps on a dog’s tail while the dog is gnawing on a bone, it may be found the child provoked the dog. The dog’s response may be considered reasonable, even though the child was young. Each case is fact specific and even under this scenario, there may be liability, but the defense will be made.
However, in a case in which a mail carrier is attacked by a dog, causing him or her to use repellant spray, it may be very difficult to prove provocation. The mail carrier may be able to prove he or she acted in self-defense.
Examples of Provocation
Provocation is determined on a case-by-case basis, so what is considered provocation in one case may not be considered provocation in another.
Some examples of acts that may be considered provocation include the following:
A young child hugs an unfamiliar dog, pats the dog hard or playfully pulls its tail
Someone accidentally steps on the dog’s tail
A child or adult pets the dog while it is eating or chained up
A person intervenes in a dog fight
You should consider discussing the circumstances leading up to the dog bite with an experienced dog bite injury lawyer to learn if you may have a claim.
Trespassing as a Defense
Minnesota’s dog bite statute states that a dog bite injury victim may be eligible for compensation damages for an attack that occurred “in any place where the person may lawfully be.” Therefore, if the injury occurred while the victim was trespassing or was not lawfully on the property, the victim may not have a case.
However, if the victim was a child, the dog owner may still be held liable. This is because landowners generally have a legal duty to protect trespassing children because they do not have the necessary judgment to understand and avoid dangerous conditions.
Contact TSR Injury Law to Set Up a Free Consultation
If you or your child was bitten by a dog and you are concerned about the defenses the insurance company may use, it is important to contact an experienced dog bite injury lawyer at TSR Injury Law. These situations may be complex, but you may still be eligible to recover compensation.
Contact us today to schedule a free, no-obligation consultation. (612) TSR-TIME
In most states, car crash victims pursue compensation from the at-fault driver’s insurance policy after an accident. However, Minnesota is one of a handful of states that follows a no-fault insurance system for motor vehicle accidents.
This system can have a significant impact on your ability to recover full compensation for your damages or pursue a claim against the at-fault party.
The experienced Minneapolis car accident lawyers at TSR Injury Law have represented many injury victims, helping them to obtain compensation. Call today to request a free, no-obligation consultation. We are ready to discuss your situation, answer your legal questions and explain more about Minnesota’s no-fault system.
What Does No-Fault Mean?
There are a lot of misconceptions about no-fault coverage. No-fault means that fault is not a consideration in awarding compensation for medical bills, wage loss or some property damage claims. Rather than pursuing compensation for these damages from the at-fault party, injured victims must file a claim with their own insurance companies. The insurance company will provide compensation for covered losses, regardless of who was at fault for the accident.
That said, no-fault does not mean the insurance company will pay for all the losses victims suffered in the crash. No-fault insurance only covers the expenses that directly result from your injuries.
A no-fault claim must be presented within a reasonable amount of time after a crash. Each policy will contain language determining the time, but the general rule is the sooner after a crash you file a claim, the better.
If you were injured in a crash, call your agent and set up a claim immediately. Legal help can ensure the forms are correctly filled out and preclude the insurance company from gathering improper information.
It is common for insurance companies to ask for an Application for Benefits, medical releases, wage loss forms and statements of crash facts. Some require an independent doctor to review them before bills are processed.
What Are the Pros and Cons of No-Fault?
The no-fault system was established to ease the burden on courts and allow accident victims to receive prompt treatment for their injuries without worrying about who was at fault or if the bad driver even had proper insurance.
In other words, it takes a lot less time to process these claims compared to claims against the other driver’s liability insurance. This means less stress and fewer hassles for injured victims.
However, there are disadvantages to Minnesota’s no-fault insurance system. The biggest disadvantage is that this system limits your ability to file a bodily injury claim against the at-fault driver. Your claim must clear a certain threshold, otherwise, you cannot seek compensation for pain and suffering and other non-economic damages from the liable driver.
Another downside to no-fault claims is that they do not hold the other driver accountable. Although this may be disappointing to some crash victims, they can still recover significant compensation from their no-fault coverage.
When Did Minnesota Become a No-Fault Insurance State?
Minnesota’s no-fault car insurance law took effect on January 1st, 1975. Since then, several more states have enacted their own no-fault laws. As of January 2023, there are 11 other no-fault states, including Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, New Jersey, New York, North Dakota, Pennsylvania and Utah. The remaining 38 states have fault-based systems, also called tort systems.
What Are the No-Fault Benefits in Minnesota?
Minnesota law requires all licensed drivers to purchase Personal Injury Protection (PIP) coverage, which is the no-fault component of your insurance.
Minimum Requirements for PIP Coverage
The state minimum for PIP coverage is $40,000 per person per accident. The $40,000.00 is divided into two $20,000.00 claims. Up to $20,000 of this amount can be used to pay for hospital and medical expenses and the remaining $20,000 covers non-medical expenses like lost wages and replacement services like housekeeping.
There are limits and time considerations for each claim. For example, the first 7 days are free for replacement services.
What Medical Expenses Are Covered by No-Fault Insurance?
Minnesota crash victims can seek compensation for all reasonable medical expenses for necessary care, which may include:
If the injury you suffered in the crash prevents you from working, your PIP insurance provides up to 85 percent of your present and future gross income, with a maximum of $500 per week. This includes the cost of hiring someone else to do the things necessary to maintain your income if you are self-employed.
Funeral Expenses
PIP also covers $5,000.00 for funeral expenses in case the crash caused death.
Increasing Your PIP Coverage
You can purchase more than the minimum amount of PIP insurance if you want to. If you own multiple vehicles with the same company, “stacking” the benefits is also available. This will double or triple the coverage available. For example, if you own two cars and stack benefits, you will have $40,000.00 in medical and $40,000.00 in wage coverage. The weekly wage benefits would also go from $500 to $1000.00 and replacement services from $200.00 a week to $400.00.
What Are the Priorities for No-Fault Coverage in Minnesota?
There may be various no-fault policies that may cover you in the event of an accident.
While there are exceptions, these are the typical priorities for no-fault coverage:
The vehicle you own and are insured with;
If you do not own an insured vehicle, you may get coverage from a resident relative’s policy;
If you do not live with a relative who has an insured vehicle, you may be covered by the car insurance of a vehicle you were a passenger in or that struck you as a pedestrian.
Assigned Claims is free no-fault coverage that is available to certain injured people. If you do not own an insured vehicle, do not reside with anyone who owns an insured vehicle and the car that you are in (but do not own) or that hits you has no insurance, then you may qualify for free coverage.
How No-Fault Affects the Ability to File a Car Accident Lawsuit
After a crash, you must first collect on your PIP benefits. After that, and if you meet the injury threshold, you may be eligible to file an injury claim (also called a bodily injury claim) for pain and suffering against the at fault driver’s insurance. There are five thresholds.
Death
$4,000.00 in medical treatment not including X-Ray or MRI scans
Permanent injury
Unable to attend work for at least 60 days
Have a permanent disfigurement, like a scar, from the crash
Some crashes may meet one of these criteria, which is why all Minnesota drivers are required to carry the minimum insurance coverage of:
$30,000 in liability insurance for one person’s bodily injury
$60,000 of liability insurance for injuries to two or more people
$10,000 for damage to the victim’s vehicle
What if the At-Fault Driver is Uninsured or Underinsured?
Minnesota law also requires drivers to carry uninsured coverage of $25,000 for injuries to one person, $50,000 for injuries to two or more people and $10,000 for property damage. Additionally, drivers must carry underinsured coverage of $25,000 for injuries to one person and $50,000 for injuries to two or more people.
You can make a claim under these policies if the other driver’s liability insurance is insufficient to cover the damages stemming from the crash. You may also be able to make a claim under your comprehensive or collision coverage.
What Compensation Can You Recover in a Car Accident Lawsuit?
If your crash was so severe that you have the right to step outside of the no-fault system to file a liability insurance claim or lawsuit, you can seek compensation for the damages not covered by your PIP insurance.
These damages may include:
Physical pain and emotional suffering: These are the physical pain and psychological/emotional toll caused by your injuries, such as depression, post-traumatic stress disorder, lost enjoyment of life and lost companionship.
Medical expenses that exceed PIP coverage: Some examples include ongoing medical care that arise after the conclusion of your case.
Loss of earning capacity
Lost wages
And more
How an Injury Lawyer Can Help
If you were injured in a crash, it is important for you to seek medical attention. After that, you should contact a personal injury lawyer to discuss your claim.
Although no-fault insurance is intended to make the claims process easier, many of our clients have not had this experience until they hired us. Their claims are sometimes wrongfully denied, or they are subjected to unnecessary delays.
The personal injury team at TSR Injury Law is dedicated to helping victims receive maximum compensation. We offer a free, no-obligation consultation to discuss your claim in more detail.
Contact us today to learn about your legal rights. (612) TSR-TIME
The last thing people want to deal with after renting a car is an accident. You may be renting a car because your regular car was damaged in an accident. You may also be on vacation.
If this type of accident happens, there may be a few options for pursuing compensation for damages. The dedicated Bloomington car accident lawyers at TSR Injury Law are prepared to guide you through this process, if you have a valid claim and hire us to represent you.
Insurance Coverage for Rental Car Accidents
The first question is to determine what type of insurance coverage you have. You may be financially on the hook for damages caused to the rental car even if someone else caused the accident, based on the agreement that you made with the rental car company, so it is important that you try to identify what insurance policies may apply to your situation.
Minnesota law requires every auto insurance policy to provide of minimum $30,000 in liability coverage without a deductible for any property damage to a rental car. When a driver rents a vehicle in Minnesota, there must be a separate notice attached to the rental contract that notifies the driver of this coverage.
The notice must also state that a collision damage waiver or similar insurance is not necessary if the driver’s auto policy was issued in Minnesota. In fact, car rental companies cannot sell any collision damage waiver or other insurance on the rented vehicle unless the driver signs a document saying that he or she read and understands the notice.
If your damages exceed the Minnesota rental car coverage limit or you did not purchase an auto insurance policy in Minnesota, you may have other options for covering your auto accident damages.
Rental Car Company Insurance
You may be offered additional insurance coverage by the rental car company. Some insurance products that are frequently offered during this transaction include the following:
Collision damage waiver – This type of coverage prevents you from being liable for any repair or replacement costs if you are in an accident or the vehicle is stolen. However, there are some exceptions.
Liability coverage – This coverage pays for the property damage, injury and medical expenses that others incurred as a result of your negligence.
Personal accident insurance – This type of insurance pays for the injuries you and your passengers sustained while in the rental vehicle.
Personal effects coverage – This coverage pays for your personal belongings that are damaged during the accident in your rental car.
Your Car Insurance
Your own car insurance coverage may apply to damage that occurs while you are in a rental car. In some situations, your own coverage may overlap with what the rental car company is offering you. You might be required to provide proof of your insurance coverage from your own auto insurance policy if you decline coverage from the rental company.
Credit Card Company Insurance
If you rent the vehicle with a credit card, you might have insurance that automatically applies to your rental car.
Deductibles and Coverage Limits
Your insurance policy may have specific deductibles and coverage limits. It is important that you understand these terms in your policy.
The deductible is the amount that you pay out of pocket before the claim can be resolved. For example, if you have a $1,000 deductible, you would have to pay $1,000 before the insurance carrier would cover the rest of the loss. Even though Minnesota’s rental car coverage does not require a deductible, a deductible may apply to other aspects of your accident.
The insurance company will only pay up to the coverage limits of any insurance policy you have with it. You will be responsible for any damages that exceed the coverage limits.
When purchasing insurance for your rental car, be sure that you contact your own insurance company to determine the type of coverage you have already, the policy limits and the deductible.
Contact TSR Injury Law for Help
If you were involved in an accident in a rented car, the claims process may be complicated. The experienced attorneys at TSR Injury Law understand the many factors involved and have a track record of recovering fair compensation for car accident victims.
Our dedicated personal injury lawyers work diligently to secure maximum compensation to help victims move forward after an accident.
The consultation is free and there is no obligation so there is no risk to you. Call (612) TSR-TIME today.
Our firm has once again taken part in the Toys for Tots toy drive. We donated toys for boys and girls between the ages of three and 18.
We are delighted to continue giving back to the community we serve. Since 1998, our legal team has been advocating for injury victims and their families throughout Minnesota.
The Toys for Tots program has distributed 566 million toys since 1947 and supported 258 million children. Local campaigns to collect toys are the heart of this initiative, which is managed by dedicated United States Marines and local volunteers.
From all of us here at TSR Injury Law, we wish you Happy Holidays.
Earlier this month, the Consumer Product Safety Commission (CPSC) issued a warning to consumers to immediately stop using any inclined infant sleepers. These products have been connected to 73 infant deaths – in April there were less than 40 deaths linked to these products.
This warning comes months after the April recall of Fisher-Price’s Rock ‘n Play infant sleeper. Since then, inclined sleepers made by Kids II and Dorel Juvenile Group have also been pulled from the market. There was also a study released several weeks ago revealing the design of infant sleepers is inherently dangerous.
The CPSC’s safety warning applies to sleeping devices that allow babies to sleep at any angle greater than 10 degrees – this applies to most infant sleepers because these products usually have an angle of about 30 degrees.
The CPSC is advocating for federal rules to basically outlaw inclined sleepers that have an angle of more than 10 degrees. However, the process of setting new rules about this could take several months, so that is why the CPSC is telling parents to stop using inclined sleepers immediately.
CPSC Study on Inclined Sleep Products
The CPSC commissioned an independent study evaluating and testing inclined sleepers for infants.
Researchers watched 10 infants between the ages of two and six months while in inclined sleepers. Researchers noted the infants’ oxygen levels and movements and compared it to movements and oxygen levels of infants put on a flat mattress and those resting mattresses with varying degrees of inclines.
This research revealed babies on inclined sleepers were able to rollover more easily in inclined sleepers. When babies in these sleepers rolled over, oxygen levels dropped twice as much compared to babies who rolled over onto their stomachs on flat crib mattresses.
Infants in inclined sleepers also exhibited 250 percent more activity in their abdominal muscles than those on flat crib mattresses. The implication from this is babies could become exhausted while struggling to move onto their backs so they could breathe. This could result in suffocation.
The findings from this study are backed up by incident reports from parents whose babies were found dead in inclined sleepers. The reports say the babies had never rolled over in their sleep until they suffocated in an inclined sleeper.
“The study makes it clearer than ever that inclined sleepers place infants at a substantial risk of injury or death,” says William Wallace, the manager of home and safety policy for Consumer Reports.
The research also backs up what the American Academy of Pediatrics has stated about inclined sleepers: None of these products are safe because they typically position infants at an incline of up to 30 degrees. This organization says infants should sleep on their backs, alone, on a firm, flat surface. There should also not be any padding, bumpers or soft bedding.
Were You or a Loved One Injured by a Defective Product?
Product manufacturers are required to design, produce and distribute products that are safe for their intended use. If they release something that is defective or dangerous or carries unreasonable risks, manufacturers could potentially be held liable for damages suffered by consumers.
The Bloomington defective product lawyers at TSR Injury Law offer a free consultation to discuss defective product injuries. There is no obligation to take legal action after meeting with one of our lawyers.
Call to ask your legal questions. No upfront fees or legal obligations. (612) TSR-TIME
There are few live events that can match the excitement of a professional basketball game. Unfortunately, many young fans cannot afford to attend professional basketball games.
That is why the Minnesota Lynx created the Tickets for Kids program. The program distributes game tickets to approximately 200 organizations in Minnesota, Wisconsin, Iowa and the Dakotas.
Our firm proudly donated to the program earlier this year to help provide tickets for youth for the 2019 WNBA season.
Because the average person knows so little about the complicated chemistry of prescription medication, most of us rely fully on our pharmacist to oversee our prescriptions and our health.
Unfortunately, the professionals we rely on sometimes fail us. Each year, 1.5 million people across the U.S. are injured after receiving the wrong medication or dose, or unknowingly taking prescriptions that should not be mixed together.
Prescription drugs save countless lives every year. Unfortunately, prescription drug misuse and errors contribute to 1.5 million injuries every year. One of the more common prescription drug errors involves giving patients the wrong dose. Whether the dose a patient receives is too high or too low, the consequences can be severe.
Reasons for Dosage Errors
A dosage error can occur when a pharmacist misunderstands the dosage that a customer should receive, or when a pharmacist mistakenly gives a customer pills of the wrong strength. Commonly cited reasons for these errors include:
The difficulty of reading handwritten prescriptions
Overworked or distracted pharmacists
Different pills that strongly resemble each other
Typing errors
Pharmacists should not be allowed to hide behind these excuses. They should have to take responsibility for their mistakes.
Consequences of Dosage Errors
Any kind of dosage error can take a toll on a patient’s health. The consequences will vary depending on the drug and the patient, but some of the more dangerous problems that can be caused by drug labeling errors include:
Progression of the initial condition (if under-dosed)
Blood clots
Seizures
Severe psychological reactions
Accidental death
Unexpected Drug Side Effects
Drug companies are expected to clearly report all potential side effects of the medications they produce. Additionally, doctors and pharmacists are required to educate patients about side effects they may experience, especially if the patient is on more than one medication. If not properly informed, patients may find themselves dealing with unexpected, life-threatening complications.
The side effects experienced will vary depending on the drug taken, the dosage, and personal factors about individual patients that are hard to predict. Any patient who is taking a new drug should keep in close contact with a medical professional and immediately report any unexpected side effects.
Failure to Educate
Drug side effects can hurt patients both physically and psychologically. Certain steps must be taken to minimize these risks, including:
thorough testing before the drug is released
full disclosure of test results
education for doctors and pharmacists about side effects and drug interactions
clear explanations for patients about potential complications
Unfortunately, all four of these steps at times are overlooked by drug companies, hospitals, and other members of the medical communities. The ones who pay for these oversights are the patients who unknowingly take dangerous drugs.
Medication Complications
Prescription drugs have complicated interactions with the chemicals of the human body. Those interactions can be difficult to predict. Of course, the more drugs a person is taking at the same time, the more complex and potentially harmful can be the interaction. This is precisely why doctors and pharmacists are expected to be fully educated about drug interactions and prescription side effects. They are also expected to present their patients with clear information about these issues.
Who Is Responsible for Drug Complications?
The blame for pharmaceutical errors can lie with different parties, depending on the circumstances. To list a few common examples of mistakes medical workers make:
Pharmacists can fail to inform clients about the dangers of combining certain drugs, or using substances like alcohol while on certain drugs.
Drug companies can release dangerous drugs without properly educating doctors and patients about the risks involved.
Doctors and pharmacists can do a poor job keeping track of patients’ medical histories, including drugs they are already taking. This can cause them to prescribe drugs that a certain patient should not use due to drugs they are already taking.
Incorrect Prescriptions
Receiving the correct diagnosis for a condition can involve a good deal of time, but it is only the first step in achieving good health. Next, the problem must be treated adequately according to the best information available. Unfortunately there are many things that can go wrong at this stage, such as receiving the wrong prescription for a particular problem.
Causes of Incorrect Prescriptions
Injuries caused by prescription drug errors can be traced back to many causes, including:
Emergency room workers giving the wrong drugs, or drugs that patients are allergic to
Pharmacists making mistakes while filling prescriptions
Doctors prescribing drugs based on incorrect or incomplete information about patients
Wrong diagnosis
Poor administration of drugs in hospitals
While the mistakes listed above could seem understandable in some cases, they are not excusable. All medical workers have a duty to keep their patients safe, and to do everything they can to restore the patient to health. Failing to meet this duty is negligent.
Incorrect Prescription Consequences
If you have been injured by a wrong prescription, you understand the complications. You may be facing staggering medical bills, missed work, chronic pain, and new disabilities. You may have even lost a loved one to a prescription error.
If you or a member of your family is facing these terrible consequences, you may have grounds for a lawsuit. You could potentially win compensation for medical bills, lost wages, pain and suffering, and other related expenses.
Incorrect Labelling
Unfortunately, that is only half the story. Once complete information has been distributed to pharmacists, they are in charge of printing labels for prescription bottles that contain important details for patients. These details include:
The name of the drug, strength of dosage, and a description of its appearance
Instructions on what dose to take and how often
Warnings about substances and activities to be avoided while on the drug
Dangerous Mistakes
Prescription errors can occur at any point when a pharmaceutical company is distributing information about a new drug. Some of the more grievous mistakes that can occur include:
Side effects that are not named in the literature
Incorrect information about the drug’s safety for different populations
A lack of information about interaction with other drugs
An error or typo on the label given to patients
These errors and others like them can cause serious complications, including psychological problems, stroke, seizures, and even death.
What Can I Do?
If you or a loved one has been injured by the mistakes of a negligent pharmacist, you do not have to suffer quietly. Filing a medical malpractice lawsuit can help you recover the money you have lost to past and future medical expenses related to your injury, as well as any wages you lost after taking time off to recover. You may also receive compensation for your pain and suffering. More importantly, you can hold negligent health care workers responsible for their careless errors.
For more information about medical malpractice suits, contact Minnesota pharmacy error attorneys of TSR Injury Law at (612) TSR-TIME or submit our contact form. Our attorneys are experts at proving liability.
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Earlier this month, the Consumer Product Safety Commission (CPSC) issued a warning to consumers to immediately stop using any inclined infant sleepers. These products have been connected to 73 infant deaths – in April there were less than 40 deaths linked to these products.