Can Minnesota Drivers Be Held Liable for Crashes if They Were Impaired by Prescription Drugs?

Man in his car with hand on his head.

Most drivers know the dangers of getting behind the wheel after drinking. What about the dangers of taking prescription drugs? Driving while under the influence of a prescription medication can be just as dangerous as driving while under the influence of alcohol or illegal drugs, if not more so.

Our Minneapolis car accident lawyers discuss why it’s unsafe to drive while under the influence of these drugs and whether this could result in criminal charges in Minnesota. We also review liability for a crash when one of the drivers was on prescription medication.

Were you injured in a car crash by an impaired driver? Do you suspect the driver was under the influence of prescription drugs? TSR Injury Law may be able to help you seek compensation for your injuries. There is no obligation to hire our team to represent you. You can speak to one of our lawyers during a free initial consultation.

Call to speak with our legal team and discuss your legal options. (612) TSR-TIME.

What Types of Prescription Drugs Could Impair Drivers?

Although prescription drugs are intended to help people with different type of medical conditions, they can hinder a driver’s judgement, reaction time and concentration.

Here are some common types of prescription medications that might impair drivers’ ability to safely operate a motor vehicle:

  • Opioid Pain Relievers: Medications like oxycodone, hydrocodone, and morphine can cause drowsiness, impaired thinking and decreased reaction times.
  • Benzodiazepines: These drugs are used to treat insomnia and anxiety. Examples include diazepam (Valium), alprazolam (Xanax) and lorazepam (Ativan). These prescriptions could cause dizziness, drowsiness and confusion.
  • Antidepressants: Some antidepressants, especially older tricyclics like amitriptyline and nortriptyline, can result in sedation, dizziness and slower reaction times.
  • Antiepileptic Drugs (AEDs): These are medicines doctors use to control seizures, such as phenobarbital, topiramate and carbamazepine. Antiepileptics can impair cognitive function and motor skills.
  • Antipsychotics: Drugs like chlorpromazine and haloperidol can sedate patients, blur their vision and make them dizzy.
  • Muscle Relaxants: Medications such as cyclobenzaprine (Flexeril) and carisoprodol (Soma) have side effects like drowsiness and dizziness.
  • Antihistamines: These include drugs like Benadryl, which are used to control allergies. However, they can make you drowsy, which impairs your ability to safely operate a motor vehicle.

Drivers should be aware of the potential effects of these medications and discuss their ability to drive safely with their healthcare provider. Sometimes doctors can adjust the dosage and frequency of use of these drugs to avoid side effects that make it unsafe to drive.

Could Impairment From Prescription Drugs Lead to a DWI Charge in Minnesota?

Anyone driving while under the influence of alcohol, illegal drugs or another controlled substance could potentially be charged with driving while impaired (DWI).

According to Minnesota law (169A.20), a driver who is under the influence of alcohol, a controlled substance or an intoxicating substance may face DWI charges. Controlled substances include illegal drugs and prescribed medications.

For instance, drivers could potentially face a DWI charge if they were under the influence of pain relievers, anti-depressants and even sleeping pills.

People who suffer from insomnia may rely on sleeping pills to help them fall and stay asleep at night. Sleeping pills may seem harmless, but they are designed to make you extremely drowsy. The feeling of drowsiness can last up to a day after taking the pill.

Many of these drugs block or suppress certain signals in your nervous system. As a result, your body may become more relaxed, making you feel drowsy or even high. When you are in this state of mind, it can become dangerous for you to do things like drive a car or operate heavy machinery.

Can I Sue a Driver Who Was Impaired by Prescription Drugs?

Yes, you might be able to sue a driver who was impaired by prescription drugs if he or she caused your car crash and injuries. Driving while under the influence of medication is considered negligent, which means that the other party may be held responsible.

The doctor who prescribed the medication could even be held partially liable for the crash if he or she failed to warn the patient of the potentially dangerous side effects. Doctors have a duty of care to inform drivers of any side effects that could occur while they are driving.

However, most car accident cases are resolved through an insurance settlement. Most cases do not end up in court, although our firm is always prepared for that possibility. We have extensive experience negotiating for compensation and securing favorable results in the courtroom.

Benefits of Hiring a Lawyer for a Claim Against an Impaired Driver

You may think securing compensation will be easy if the other driver was impaired, especially if he or she was criminally charged. However, obtaining full compensation can be quite difficult without the help of a seasoned attorney who has a history of results.

Here are some of the ways our attorneys can help you with the legal process:

Conduct a Thorough Investigation

Your lawyer can take the necessary steps to find out what medication the other driver was taking and if it may have contributed to the crash.

Collect Enough Evidence

A lawyer can review the accident report, identify and interview witnesses, and recover photos, videos and other evidence to support your claim.

Handle All Settlement Negotiations

If you decide to manage your case on your own, you will need to deal with the insurance company. This is risky because insurers are trained to manipulate crash victims. They also take claims less seriously when victims are not represented by attorneys.

If you hire a lawyer, he or she can handle this, possibly increasing your chances of securing full compensation. This frees you from having to figure out how to counter the insurance company’s arguments or attempts to lowball your claim.

Injured by an Impaired Driver? Contact TSR Injury Law Today

You do not have to go through the insurance claim process alone. Not only can it be time-consuming, but it can also be very frustrating and difficult to prove your claim with a defendant’s insurance company that will do everything possible to shift blame onto you.

At TSR Injury Law, we have advocated for injury victims and their families for nearly three decades. We want to help you get through this difficult time. We charge no fees unless we win your case.

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

How a Dirty Windshield Increases the Risk of a Collision on Minnesota Roads

A dirty car windshield.

Dirt, snow, dust or other debris stuck on your windshield can reduce your visibility on the road and increase your risk of a collision, putting you and other drivers in danger.

TSR Injury Law explains what drivers should know about the risks of driving with a dirty windshield and the traffic laws on windshield obstructions.

If you were injured by another driver’s negligence in Minnesota, our Minneapolis auto accident lawyers may be able to help you recover compensation. We charge no fees unless we win your case, and your initial consultation is free.

Call for legal assistance today: (612) TSR-TIME.

Is There a Law About Driving With a Dirty Windshield in Minnesota?

While Minnesota traffic laws do not specifically mention dirty windshields, statute 169.71 says you are prohibited from driving any motor vehicle with a windshield so discolored it obstructs vision.

The same statute says every vehicle must be equipped with a device to clean moisture, including rain or snow, from the windshield. This device must be controlled by the driver of the vehicle.

If you were injured in a crash caused by another driver, and your lawyer can establish the driver violated one or both laws, he or she may be held liable for damages.

Why Windshields Get Dirty

Here are some of the main reasons why windshields become dirty or cluttered, impairing drivers’ vision:

The Environment

There are a lot of things in the air that could fall onto your windshield, such as pollen or bird droppings. Airborne dust could also land on your windshield, especially in dry weather. You may have a hard time clearing things from your windshield if you do not do so quickly. A significant amount of buildup over time can obscure drivers’ visibility.

Airborne particles are especially likely to stick to your windshield in urban areas, as there is a lot of air pollution.

Pollen and bird droppings are also likely to stick to your windshield if you regularly park your car by trees or bushes.

Insects

If you’ve ever been on a long road trip, you know driving at high speed for long periods can result in a lot of bugs hitting your windshield. You may also realize using your wipers to clear away the dead bugs can make things worse, smearing them across the glass.

Bad Weather

Streaks on windshields make it much harder to see everything in front of you. Streaks are often the result of a buildup of ice, snow or rain. These weather phenomena can also combine with dirt, particularly when you have old wiper blades. These weather conditions can also make the windshield blurry, making it difficult for drivers to see.

Grime From the Road

Things like mud or dirt can fly up into the air and onto your windshield because of other vehicles. This may be much more likely to occur after heavy rain or snowstorms. Driving through rural areas with muddy or gravel roads can also make it easy for mud and dirt to appear on the windshield.

Like dust or pollen, you may have a hard time removing them from your windshield, especially if they stay on the surface for a prolonged amount of time.

How a Dirty Windshield Could Cause a Collision

Driving with dirty windows or windshields puts drivers at unnecessary risk. These are some of the factors than can increase the likelihood of a crash:

Impaired Vision

Dirty windshields are extremely hazardous in bad weather, such as heavy rain, snow or fog. It can be difficult to see through these weather conditions and a dirty windshield will only further reduce your visibility.

Dirty windows can make it difficult to spot pedestrians, cyclists or other vehicles in your vicinity, increasing the likelihood of a crash.

You may need to squint often to make out what is ahead of you as headlights and streetlights can create significant glare, especially at night in rainy conditions. This can be incredibly dangerous when trying to make turns, especially left turns.

Glare and Reflections

Dirty windows create glare and unwanted reflections. When the sun or oncoming headlights hit a dirty windshield, it can be blinding, especially at night.

Worn/Inoperable Wipers

Although windshield wipers are essential for helping drivers see more clearly during bad weather conditions, such as rain or snow, they can also reduce visibility.

Using wipers on a dirty windshield could smear dirt over the glass, reducing visibility even more. Cleaning your windshield with a microfiber cloth and glass cleaner, or simply soap and water, can help remove residue.

Reduced Reaction Time

Dirty windows can delay your ability to perceive and respond to unexpected dangers. Quick reaction times are needed in hazardous situations – sometimes reacting a second or even a split second sooner can prevent a collision that results in serious injuries.

How to Keep Your Windshield Clean

These are some of the steps you can take to keep your windshield clean:

  • Clean your windshield on a regular basis: Make sure to use a quality glass cleaning product and a microfiber cloth. You should clean the inside and outside of your windshield. Cleaning the windshield is particularly important if you are regularly in areas with a lot of pollen and/or heavy traffic.
  • Replace wiper blades when they stop working as they should: It is usually best to replace windshield wiper blades once a year, and sometimes every half year. The clear sign your wipers are too old is when you flip them on, and they create streaks on the glass.
  • Fill up your windshield wiper fluid when it starts running low: This is something you can check every couple of months. Make sure you fill the reservoir up with the right cleaning solution. You will need to use a different solution in the wintertime – colder weather calls for a fluid with antifreeze. Another factor to consider is if the windshield washer nozzles are clogged. Check these when replenishing your wiper fluid.
  • Keep your vehicle covered: If you are able, park in a garage or under cover whenever possible. If your area does not have a garage, you may want to purchase a car cover. Covering your vehicle is one way to protect it from the elements, such as leaves, dirt or pollen.

Injured in a Minneapolis Collision? Contact TSR Injury Law for Legal Assistance

If you were injured in a collision caused by a negligent driver, you will have many decisions to make. One of the most important is the lawyer you choose to represent you.

You need an experienced law firm that has a proven history of helping crash victims obtain the compensation they needed for medical care and other damages. TSR Injury Law has been taking on these cases since 1998 and we have obtained more than $1 billion on behalf of our clients.

After a crash, TSR Injury Law is ready to assist you. Our lawyers operate on a contingency fee basis, so there are no costs up front.

Call us today to schedule your free consultation: (612) TSR-TIME.

Liability if a Car Crashes Into a Building in Minnesota

When a car loses control and crashes into a building, the injuries and property damage can be devastating. While the vehicle occupants could be severely injured, those inside the building are also at risk of severe injuries.

Below, TSR Injury Law’s Minneapolis car crash lawyers explain common causes of these types of crashes and who may be held liable. Although drivers are typically the only liable party, property owners and other entities may bear fault.

If you were injured in a car crash, you have the right to pursue compensation for your injuries. Our legal team is here to support you during this challenging time and help you recover the compensation you deserve. Since 1998, our attorneys have advocated for injury victims and their families throughout Minnesota, recovering millions on their behalf.

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

Why Do Cars Crash Into Buildings?

There are numerous reasons why cars crash into buildings. These are some of the most common causes:

Driver Error

This is probably the number one reason why drivers crash into buildings, like convenience stores or grocery stores. Oftentimes, a driver will confuse his or her gas pedal for the brakes while backing out of or pulling into a parking spot.

While any driver could make this type of mistake, elderly or new drivers may be more likely to hit the gas instead of the accelerator.

Reckless Driving

We have all seen drivers who speed through parking lots or residential areas. Speeding increases the risk of losing control of your vehicle, especially when hazardous situations arise. For example, a speeding driver will have less time to avoid a car that starts backing out of a nearby space or a pedestrian that wanders into the speeding driver’s path, which may lead them to swerve into a nearby building.

Driving under the influence of alcohol, illegal drugs, or certain prescribed medications is also a common reason a driver crashes his or her vehicle into a building. Alcohol and other drugs can slow your reaction time and impair your judgment, making you more likely to engage in reckless behavior.

Another Crash or Hazard

There are times when someone crashes into a building after trying to avoid a hazard, such as an animal darting across the street.

Sometimes a collision with a building occurs as result of another crash. For instance, a collision with another vehicle could send one or both vehicles off the road and into a building.

Mechanical Error or Breakdown

If a vehicle’s brakes fail or the car accelerates without the driver hitting the gas, the driver could lose control. Tire blowouts are another common reason why drivers lose control.

When Could a Driver Be Held Liable?

In most cases, the driver of the vehicle that slams into a building is held liable. He or she is the one who had the best opportunity to prevent a collision. After all, these crashes are often the result of driver negligence, such as:

Those injured by the crash (other drivers, pedestrians who were inside or outside of the building, etc.) may be able to pursue a liability claim against the at-fault driver’s insurance policy. Drivers and pedestrians who were injured can also seek compensation from the personal injury protection (PIP) coverage in their own auto insurance.

What if the Driver Does Not Own the Vehicle?

If the driver borrowed the vehicle from someone, the owner of the vehicle may share some liability for the damages caused by the crash, even if the vehicle was taken without permission.

If the driver stole the vehicle, the owner could still be held partially liable if his or her negligent actions resulted in the theft. For example, if the owner of the vehicle left the car running to stop inside a convenience store, this may be considered a negligent action. Leaving the car running gives thieves more than enough time to steal a vehicle.

Other Parties That Might Bear Fault

Sometimes, there are other parties besides drivers who bear some amount of fault for a collision with a building, such as:

The Property or Business Owner

If there were conditions an owner neglected to address that may have resulted in a vehicle crashing into his or her building, the owner may be held liable for a portion of damages.

The Vehicle Manufacturer

If vehicle malfunctions or defects contributed to the collision, such as failing brakes, the manufacturer of the vehicle or a component could be held liable.

However, if the driver was aware of a recalled part that ended up contributing to the crash and did not get the recall repair, the driver may still be at fault.

What if You Are in a Building When a Car Crashes Into It?

If this ever happens, it is important to get out of the building as soon as possible. There is no way to know the severity of the structural damage in the moments after the crash. You do not want to be inside if parts of the building come crashing down or cave in.

If you were injured, seek immediate medical attention. After you receive the treatment you need, consider calling an experienced lawyer to discuss your situation. You may be able to seek compensation and a lawyer can help you explore possible legal options.

At TSR Injury Law, we have been helping injured victims for many years, and are prepared to advocate for your rights. Our services are provided at no upfront cost to you.

Call for legal assistance. Your case review is completely free. Phone: (612) TSR-TIME.

How an Attorney Can Preserve Witness Testimony After a Crash in Minneapolis

Eyewitness testimony is just one type of evidence you can use to support a car crash claim, and it can be quite persuasive. Especially if the witness’s statements align with your account of the incident.

Considering how helpful this testimony could be, it is vital that you take steps to preserve it, as memories fade over time. In this article, we discuss the steps an attorney can take to preserve eyewitness testimony after a Minneapolis car crash.

If you were injured in a crash in Minnesota, we may be able to help you. Our licensed Minneapolis car accident lawyers have recovered millions for crash victims. In all, our firm has secured more than $1 billion for injury victims throughout the state.

We charge no upfront fees, and an initial legal consultation is free.

Complete a free case evaluation form or call us at (612) TSR-TIME.

How Witnesses Can Help Your Car Crash Claim

A witness may be able to back up an injury victim’s claim that another party was responsible for the car crash.

For example, maybe a witness saw the other driver staring at his or her smartphone in the moments before the collision. Witnesses might see the at-fault driver run through a red light, start making a turn when oncoming traffic is too close or follow the victim’s car too closely.

In cases where the victim suffers memory loss or is otherwise physically or medically unable to tell his or her side of the story, a witness can help explain what happened before and during the crash.

Car crash cases could be thought of as a competition between two drivers’ accounts of what happened. Witness testimony could help “break the tie” so to speak, especially if the witness has no connection to either party in the case, as this bolsters the witness’s credibility.

You also do not want a witness who has a documented history of lying or illegal activity, as this can call everything he or she says into question.

Witnesses can be particularly important if a case goes to court, as some witnesses may connect with the jury. This could make the jury more likely to rule in the victim’s favor.

It is important to note there are many pieces of evidence that may prove a car crash case. Lawyers often need multiple pieces of evidence. However, credible witness testimony that supports other evidence can be particularly powerful.

Definition of Preserving Witness Testimony

Preserving witness testimony could be defined as documenting the witness’s statements about the collision before he or she forgets. It is easy to forget details about a collision. In fact, it can happen rather quickly. In a matter of hours or days, witnesses might not recall vital details.

A witness also might not be available for the trial date. Preserving his or her testimony gives you the chance to present these statements later.

Examples of preserving witness testimony may include:

  • Documenting the witness’s statements in the police report at the scene of the crash
  • Recording the statement with a smartphone or other device
  • Writing or typing the statement and having the witness sign it to make it official

What Can Crash Victims Do To Preserve Testimony?

It is generally best to allow your lawyer to obtain statements from witnesses. Your lawyer will know what questions to ask and how to properly document the witness’s account, such as:

  • What were the traffic conditions?
  • What was the weather?
  • Did you see anything unusual about the other driver?
  • Where were you when the crash occurred? What was your vantage point?

If you are able, we strongly suggest asking for witness contact information at the scene. You can then provide this information to your lawyer, so he or she can contact the witness.

Make sure to tell the police to talk to witnesses when they arrive at the scene. They can document witness statements in the police report.

What Steps Can Your Lawyer Take to Preserve Witness Testimony?

Your lawyer could ask the witness to provide a sworn statement. This means the witness would record or write out what he or she saw while under oath. The witness would sign the statement with a notary public in the room. The statement then becomes a legal document that can be sent to the court and put on record.

It is important to ask for a sworn statement as soon after the crash as possible. Otherwise, the witness could forget things that may help the victim’s case.

Your lawyer could also request a faster discovery if the witness is not available for trial, such as for health reasons. If the judge approves this request, your lawyer can have the witness do a deposition.

What is Discovery?

Discovery is a pre-trial process of exchanging evidence. This allows both sides to prepare for what will be presented at trial.

One aspect of discovery is getting depositions from witnesses. A deposition is an out-of-court statement, given under oath, by someone involved in the case.

A deposition can help your case in a couple ways:

  • It may be used if a witness cannot appear at trial because they are physically unable to appear, out of the country or have safety concerns.
  • Your lawyer can compare a deposition to in-court testimony to find any discrepancies that might call the witness’s statements into question.

Need Legal Help After a Crash? Contact TSR Injury Law to Discuss Your Case

Contact TSR Injury Law today to discuss your situation and learn how we may be able to help you gather the evidence you need for your case. We are committed to helping our clients secure the compensation they need to put their life back together.

Our lawyers operate on a contingency fee basis, so there are no upfront costs or legal obligations. Your initial legal consultation is also provided free of charge.

More than $1 billion recovered for injury victims. Call us at: (612) TSR-TIME.

Driving While Hungover: Why it Is Dangerous and What Crash Victims Should Do

We all know it is dangerous and illegal to get behind the wheel while drunk, but many people see no problem driving when they have a hangover. Technically, driving with a hangover is not illegal, but it is still risky, as a hangover can affect your reaction time and ability to concentrate on the road.

TSR Injury Law explains the dangers of driving hungover and what to do if you get into a crash caused by a hungover driver.

If you were injured in a crash caused by a drunk or hungover driver, our Minneapolis car accident lawyers may be able to help you seek compensation for your damages. Call us to schedule a free consultation.

TSR Injury Law. Experienced lawyers representing the injured at no upfront cost. (612) TSR-TIME

Defining a Hangover

A hangover is an umbrella term that refers to the various reactions your body may have to drinking alcohol. Many people think a hangover starts the morning after consuming alcohol, but symptoms can start just hours after you stop drinking.

It does not take much alcohol for some people to experience a hangover – some people develop a hangover after just one or two drinks.

Everyone responds to alcohol differently based on various factors like weight, height and the type of alcohol consumed. For example, women might remain hungover longer than men because men often have more water in their bloodstreams, which allows the body to process alcohol faster.

Dangers of Driving While Experiencing a Hangover

A hangover can be a miserable experience, regardless of your tolerance for alcohol. These are some of the symptoms you may experience during a hangover:

  • Blurred vision
  • Dizziness or vertigo, particularly when you stand up
  • Severe headaches, nausea or vomiting
  • Sensitivity to light
  • Losing concentration or focus on the task at hand
  • Minor or severe stomach pain
  • Feeling shaky
  • Unusually slow reaction time
  • Frequent yawning
  • Severe dehydration
  • Increased irritability, even if you are not normally an irritable person
  • High blood pressure
  • Fatigue or weakness
  • Aching muscles

These symptoms could last anywhere from a few hours to more than a full day. You may think things will get better as your blood alcohol concentration (BAC) approaches and finally reaches zero. However, peak hangover symptoms often hit when your BAC is at zero, according to the National Institute on Alcohol Abuse and Alcoholism.

Hangover symptoms can make it much harder to stay focused on driving and reacting to hazardous situations, such as wet roads, children playing near the street or debris in the road.

Hungover drivers may be more likely to engage in various forms of negligent/reckless driving, such as:

  • Drifting out of their lane, which could be caused by blurry vision or shakiness
  • Tailgating other cars because of their slower reaction time
  • Speeding because it takes them longer to realize how fast they are going
  • Running through stop signs, such as in a residential area close to home
  • Pulling out into an intersection to make a turn when there is not enough time to safely avoid oncoming traffic
  • Brake-checking another car because they are more irritable
  • Not looking for pedestrians or bicyclists at intersections and crosswalks

Your body needs time to rest and recover from the effects of alcohol, so you may want to avoid driving the day after drinking, especially if you consumed a lot of alcohol.

Can a Hungover Driver Be Charged With Drunk Driving?

State laws do not mention hungover drivers. Minnesota, like other states, sets a BAC limit of 0.08. If a driver gets pulled over or causes a crash and is found to have a BAC above the limit, he or she could be charged with Driving While Intoxicated (DWI). However, even if a driver’s BAC is below the legal limit, police could still arrest them for DWI if they deem the driver to still be under the influence of alcohol.

It is highly unlikely that a hungover driver would be charged for impaired driving. However, if he or she causes a collision, the police might cite this person for another traffic violation. The police officer might note that a hangover may have played a role in the crash. Your lawyer can bring this up in a claim for compensation, as this might explain the driver’s negligent actions before the crash.

What Should Victims Do After a Crash With a Hungover Driver?

If you think the other driver may be hungover, tell the police officer who comes to the scene. He or she can note this in the police report.

For example, is the other driver yawning a lot? Does he or she seem highly irritable? Is he or she complaining about a headache? Did he or she make an offhand remark about a late night?

Sometimes the signs of a hangover are like the signs of drowsy driving. Evidence of a drowsy or hungover driver may help your lawyer validate your claim. For instance, the at-fault driver may have posted pictures on social media that could support the conclusion the driver was out late or consuming alcohol the night before.

Injured by a Drunk or Hungover Driver? TSR Injury Law May Be Able to Help

Our lawyers at TSR Injury Law have recovered more than $1 billion for injury victims and their families throughout Minnesota. We know the dangers of drunk driving and are committed to helping victims secure the compensation they need.

We charge no fees unless we win your case, and your initial legal consultation is free.

Call us today at (612) TSR-TIME.

Can Your Lawyer Use Black Box Data in a Minnesota Car Crash Claim?

getting data from car on laptopMany vehicles made in the past 10-15 years, and even some older ones, are equipped with event data recorders, also known as black boxes. These devices gather information about the vehicle and some of the driver’s actions leading up to a crash.

Black box data can play a key role in a car crash case and can help prove who was at fault for the crash. Below, our Minneapolis car crash lawyers discuss how recovering black box data could be beneficial in a car crash claim.

If you or a loved one was injured in a motor vehicle crash in Minneapolis or elsewhere in Minnesota, we may be able to help guide you through this difficult time. Since 1998, our experienced attorneys have helped injury victims recover the compensation they deserve. We have obtained more than $1 billion on behalf of our clients.

No upfront fees. Call today to schedule a free legal consultation. Phone: (612) TSR-TIME.

What Is a Black Box?

A black box is a vehicle’s event data recorder (EDR). It comes standard in many passenger vehicles that were made within the past 10-plus years.

Many American car manufacturers have been installing black boxes in their vehicles since the 1990s. Even if you have an older vehicle, or the other driver’s vehicle is older, the chances of one or both vehicles having a black box are high. For instance, certain vehicles manufactured by Buick, Cadillac and Chevrolet have had black boxes installed since 1994.

What Information Does a Black Box Record Before or During a Crash?

A black box records and stores information about the moments leading up to a crash, such as:

  • Airbag deployment
  • Speed the car was traveling
  • When and for how long the brakes were applied
  • Whether vehicle occupants were wearing their seatbelts
  • The force of impact during a collision
  • And more

These are the types of data most black boxes record. Some car manufacturers may install black boxes that record many other data points, such as:

  • How long the collision lasted
  • Whether the driver clicked on a turn signal
  • The number of impacts on the vehicle
  • Where the seats were positioned
  • Steering angles
  • Time between impacts
  • And more

Many black boxes record data on a continuous loop and rewrite about five to 10 seconds of information until a crash. When a car crash occurs, the data leading up to the collision (about 20 seconds) is stored for a certain time period.

Using EDR Data To Prove Fault for a Collision

Proving fault and showing that the impact more than likely caused your injuries is critical to any car crash claim. That is why black box data can be so useful, if a vehicle involved in the crash has one installed and it was working during the incident, there is a high chance the data can be used to back your claim.

Black box data could be helpful after just about any type of crash, but especially with:

Fatal Crashes

When one or several of the people involved in a car crash tragically pass away, it can be very challenging to understand exactly what occurred. Black box data can help clarify some of the uncertainties surrounding the crash.

Collisions That Cause Memory Loss

If a crash victim suffers memory loss, such as from a traumatic brain injury, or if those involved cannot recall key details, black box data might help fill in some of the gaps.

Contradictory Testimonies

Eyewitness accounts of the crash could contradict what the victim or at-fault driver said. Even without witnesses, the victim and at-fault driver’s account of the collision may differ wildly. These discrepancies can make it difficult to decipher fact from fiction.

Black box data, however, can help clarify what happened and potentially back up what you said or remember about the incident.

Linking an Injury to a Crash

If you suffer an injury, it can become very challenging to prove it is directly related to the crash. Black box data could show the force of impact from a crash, helping to show why your injury likely happened during the collision.

Can Insurance Companies Use EDR Data To Undermine Your Claim?

While your attorney will use black box data to help your case, insurance companies have a different goal. They will be looking for any information that gives them a reason to assign fault to you, such as the speed of your vehicle or whether you applied your brakes or turn signal.

Insurance companies may also drag their feet on recovering the data. They are in no rush to obtain evidence that could be used against their interests. They just want to save themselves money. They do not want to pay fair compensation to someone injured by a negligent driver.

If a negligent driver rear-ended you on the highway, black box data from your car and the at-fault driver’s car could help establish fault. For example, you could see the other driver’s speed. However, it would be in the best interest of the at-fault driver’s insurance company not to retrieve the data. They could then make false claims about how fast their policyholder was traveling, as there may be no objective evidence to contradict them.

How Do Attorneys Access Black Box Data?

It is essential that you contact an experienced lawyer soon after the crash, as he or she can take steps to collect the black boxes before the data gets erased.

For example, you can authorize your lawyer to obtain the black box information on your behalf. Your lawyer can also formally request the event data recorder from the at-fault driver’s vehicle. Another step your lawyer could take is sending a letter to the insurance company requesting that they preserve evidence, including the black box.

You never know when you might need this information to help prove your case. That is why you need to contact a lawyer as soon as you can following a crash.

However, this is just one of the benefits. The attorneys at TSR Injury Law have decades of experience building motor vehicle crash cases. We know how to link an injury to a collision and gather strong evidence to prove fault. We also know how to determine the full value of a case and aggressively advocate for maximum compensation.

Unsure if You May Have a Case? Call TSR Injury Law

At TSR Injury Law, we guide crash victims through the legal process, answering their questions and advocating for their best interests. If we represent you, we will stay committed to securing the justice and compensation you deserve.

Call us today to discuss your options. We work on contingency, so there are no upfront costs.

Call today: (612) TSR-TIME. No upfront costs. Free initial consultation.

What Can I Do About a Lien on My Minnesota Personal Injury Settlement?

Current image: lien definition

Many injury victims are unsure about what to expect during the legal process. For instance, you may not realize that a hospital or health insurer can place a lien on your injury claim.

This post provides a comprehensive overview of liens on personal injury settlements, explaining where liens come from, how they can be managed and the benefits of hiring an experienced lawyer to manage the situation.

TSR Injury Law’s Minneapolis personal injury lawyers have been helping the injured obtain favorable compensation for decades. We manage every aspect of the legal process on behalf of our clients. You are already dealing with a serious injury; you do not need the added stress of trying to handle the legal process.

Call today to schedule a free consultation. Zero upfront fees or legal obligations. Phone: (612) TSR-TIME.

What Is a Lien?

A lien is a legal hold or claim on another party’s property or assets, which may include a personal injury settlement. An individual or entity places a lien on another’s property to seek repayment of a debt, obligation or services provided, such as health care.

Liens are often used by medical providers and health insurance companies to seek reimbursement for costs they incurred for an injured individual who has filed an injury claim. The entity that places a lien claims entitlement to a portion of any settlement the injured individual receives. This is known as subrogation.

Liens aim to prevent injured victims from receiving a double recovery. For example, if a health insurance company covered your medical care up front and you later received compensation for those same medical expenses in your settlement.

In the context of personal injury cases, liens ensure that medical providers, insurance companies, or governmental entities get reimbursed for costs they incurred on behalf of the injured individual from the settlement or judgment awarded. Liens can be placed by health insurers, medical professionals, Medicare or Medicaid and child support agencies, among others.

Who Could Place a Lien on Your Personal Injury Settlement?

Liens are often placed on personal injury settlements to obtain reimbursement for the cost of medical care. Medical liens are often placed on settlements by the following entities:

  • Health insurance providers: In a liability claim against another party, you do not receive compensation for medical care and other damages until the end of the legal process. You may need to use your health insurance to help pay medical expenses for care related to your crash. In this situation, the health insurer may have the right to place a lien on your settlement.
  • Medical providers: Health insurance often does not cover the full cost of care. Patients may owe the difference between what the health insurance company covered and what the hospital or doctor’s office charged. Hospitals and doctors may place liens on your settlement to recover the amount you owe. These entities often reach agreements with the victim’s lawyer to delay collection of your medical bills. That way you can continue to get treatment while your lawyer pursues compensation.
  • Medicare or Medicaid: Government health insurance programs also have the right to seek reimbursement for the payments they make on your behalf.

If a plaintiff has outstanding child support payments, liens can be used to collect this debt as well out of a settlement.

Why Your Lawyer Should Verify a Lien

Injured victims should never automatically assume a lien is legitimate. You should review liens with your lawyer to make sure they are valid and reflect the amount you owe and no more. You do not want to overpay, as that reduces the amount of money you receive from your settlement.

What Is a Letter of Protection?

A letter of protection is an agreement between the victim of a crash and a medical provider. The agreement ensures you can continue to receive treatment without making immediate payments, with the understanding that expenses will be covered from your settlement.

A letter of protection can be a vital tool for many injured victims. Without it, victims might not be able to continue to get treatment because they would be unable to pay for it. Working out a payment plan with the hospital might not be an option because the victim may be unable to afford monthly payments.

How Do I Get Rid of a Lien on My Settlement?

Liens are paid off before injured victims receive their settlement. It is important to note that your lawyer can negotiate with lienholders. He or she may be able to negotiate down the amount of the lien, or eliminate it altogether, allowing you to receive more compensation from your settlement.

This is one of many advantages of hiring an experienced lawyer to manage your case. Like you, our goal is to help you recover as much compensation as possible. Negotiating liens and working out agreements with medical providers to delay collection of bills ensures you get the treatment you need without needing to figure out how to pay for it up front.

What Happens to the Lien if a Claim Goes to Court?

If the insurance company denies your claim or does not offer the compensation you need, your lawyer may take the case to court. The lien still applies to any compensation you receive, including compensation from a jury verdict or settlement that is reached during the lawsuit.

Call TSR Injury Law Today to Discuss Legal Options

At TSR Injury Law, our goal is to secure full compensation for your injuries and damages. Our firm wants you to be able to get all the medical treatment you need to make the best recovery possible. We want you to be compensated for the many other effects of your injuries, such as lost wages and pain and suffering.

We do not want you to be concerned about the cost of legal assistance. Our firm operates on contingency, which means there are no upfront costs. We do not get paid unless we win your case and secure compensation.

Give us a call to learn more about how we can assist you. Call (612) TSR-TIME.

What Minneapolis Truck Crash Victims Need To Know About a Spoliation Letter

red truck from the side

Trucking companies and their insurers move quickly after a commercial truck crash. Within a few hours of a collision, they begin taking steps to try to limit their liability.

You need to move just as quickly to protect your interests as the victim of negligence. Deciding what to do, however, is quite a challenge when you are at the hospital recovering from your injuries.

At a time like this, calling an experienced lawyer is a critical step. A lawyer can begin working to gather evidence to build a case right away while you are focusing on your recovery. One step to preserve evidence after a truck crash may involve sending a spoliation letter to preserve evidence held by the trucking company.

Below, TSR Injury Law’s Minneapolis truck accident lawyers explain the importance of spoliation letters and the types of evidence they can preserve.

No upfront fees. Call to schedule a free legal consultation: (612) TSR-TIME.

What Is a Spoliation Letter?

A spoliation letter is a legal document written by a lawyer that gets sent to the trucking company and the trucking company’s insurer. This letter provides formal notification to these parties of the crash victim’s legal claim. Most importantly, the letter lists the types of evidence that cannot be destroyed, lost or altered.

Without a spoliation letter, the trucking company and its insurance carrier could take the opportunity to destroy evidence after a certain amount of time passes. The loss of this evidence would make it much harder to prove liability for the collision.

Your lawyer may also send spoliation letters to other related parties involved in the crash, such as the maintenance company that worked on the truck, brokers, or management companies.

Sending a spoliation letter is a key step in protecting the integrity of a claim’s evidence. It helps to provide all parties involved a fair chance to present their case.

What Evidence Can Be Preserved With a Spoliation Letter?

There are various pieces of evidence that can be used to establish fault in a truck crash. A well-crafted spoliation letter should say that all relevant evidence must be preserved. It should also list the specific types of evidence that cannot be destroyed or tampered with, such as:

  • Data from the truck’s electronic logging device (ELD), such as the number of hours the driver spent on the road
  • Truck maintenance records, which may reveal a history of mechanical issues or neglect of other issues that contributed to the crash
  • Dashcam footage from the truck
  • The truck’s GPS data, which can include details like speed and the route the driver was taking
  • Employment and training records for the driver
  • Cargo records, which might show cargo was not loaded properly
  • Witness statements collected by the insurance company after the crash
  • Pictures from the crash scene
  • The commercial truck involved in the crash, as an examination of the truck could provide clues about why the crash happened
  • The incident report completed by the truck driver
  • Alcohol and drug testing records for the driver
  • Dispatch records
  • Permit and license information for the driver
  • Emails
  • Voicemail messages
  • Text messages
  • And more

Why Is a Spoliation Letter Important to a Truck Crash Case?

Despite the truck driver or trucking company’s negligent actions, truck crash victims have the burden of proof. They must present evidence of negligence and show that the crash would not have occurred if it wasn’t for another party’s negligence.

Once your lawyer sends the letter and it is delivered, the party that receives it can face severe consequences for destroying or altering evidence. Your lawyer can present a spoliation letter to prove the evidence should have been left alone.

Often, the trucking company and its insurer possess the evidence victims need to prove their cases. If evidence possessed by the trucking company gets destroyed, it will be incredibly difficult to prove what happened.

As the legal process goes on, the insurance company may be more likely to settle because they know your lawyer will have a compelling case.

However, it is vital that you contact a lawyer quickly so they can help you build a case immediately after the crash. Calling a lawyer right away allows him or her to immediately preserve evidence, helping to ensure the accuracy and reliability of the evidence.

No matter how severely you were injured in the crash, or how strong the evidence is, the trucking company will try to deny fault. You need an experienced legal professional advocating for your best interests and to hold the trucking and insurance company accountable.

At TSR Injury Law, we are always prepared to take matters to court if the insurance company does not offer the compensation victims need. We have a proven track record of success in the courtroom and have helped thousands of crash victims secure justice.

Injured in a Minnesota Truck Crash? Contact TSR Injury Law

At TSR Injury Law, we understand the devastating impact a truck crash can have on your life. We also know how important it is for victims to have a prompt legal response.

If you were injured in a commercial trucking crash that you think could have been avoided, call our firm right away to find out if we can assist you. The faster you contact a lawyer, the faster he or she can work to preserve evidence and build a robust case.

Trucking companies fight hard to avoid accountability for the injuries and damages they cause. You need a trusted advocate fighting just as hard for your interests.

Zero upfront costs. Free initial legal consultation. More than $1 billion recovered. (612) TSR-TIME

What Minnesota Injured Victims Need To Know About Life Care Plans

Current image: long term care booklet with stethoscope

When someone suffers a permanent, life-changing injury, he or she will need ongoing medical care. However, this is just one of many needs, as catastrophic injuries affect victims physically, economically and emotionally.

This situation may often require a life care plan for the injured victim. The purpose is to detail the needs and expenses of someone who suffered a severe personal injury as a result of another party’s negligence. This blog explains some of the things injury victims need to know about life care plans in personal injury cases.

If you or your loved one have suffered a life-altering injury, our licensed attorneys may be able to help you draft a life care plan tailored to your individual needs. Call to schedule a free legal consultation.

We represent the injured at no upfront cost. Call to learn more: (612) TSR-TIME.

What Is a Life Care Plan?

Life care plans are comprehensive documents that explain the current and future medical, psychological and rehabilitation needs of someone who suffered a significant injury or one that caused a permanent disability. The main goal of a life care plan is to help ensure the victim’s well-being and quality of life.

Life care plans cover everything from immediate medical needs (surgeries, hospital stays, prescription medications) to long-term care, durable medical equipment, modifications to the victim’s home or vehicle and more.

Life care plans also project the cost of the care you will likely need. Determining these needs can help your lawyer pursue full compensation from the liable insurance company.

Each life care plan needs to be specifically tailored to an injury victim’s unique needs. Often, these plans need to be drafted with the assistance of an experienced lawyer.

TSR Injury Law’s Minneapolis personal injury lawyers have helped many people with long-term injuries secure the compensation they needed to manage the myriad effects of their injuries. We work with relevant experts to help ensure we get an accurate idea of what victims will likely need. We want you to have all the compensation you need to move forward.

When do Injury Victims Need a Life Care Plan?

Injury victims may need a life care plan if they:

  • Have a catastrophic injury that has resulted in a long-term or permanent disability – examples may include spinal cord injuries, traumatic brain injuries or amputation, but there are many more.
  • Need ongoing medical care, rehabilitation or personal care because of their personal injury.
  • Will need to make modifications to his or her vehicle or home because of physical limitations. For example, he or she may be unable to walk and may need handicap driving controls in his or her car or a wheelchair ramp to get into his or her home. There may also be a need to expand doorways and install handrails.
  • Need assistance with daily activities, such as dressing, toileting, cooking or doing chores around the house.
  • Need to use a medical device for walking, such as a walker or crutches.

Each case is different, so it is critical that victims meet with an experienced lawyer to determine their needs after an injury.

What Is Included in a Life Care Plan?

You can think of a life care plan as a roadmap for an injured victim’s future, as far as medical care and changes he or she will need to make because of the injury/disability.

Life care plans are likely to include the following:

  • Detailed description of the victim’s medical treatment (surgeries, stays at the hospital, doctor visits) and rehabilitation needs.
  • Cost of occupational or vocational therapy.
  • Daily living expenses, such as housing, utilities and clothing if the individual cannot work to support himself or herself.
  • Projections on future medical treatment, including surgeries, rehabilitation, appointments with doctors and other medical interventions.
  • Medical equipment and supplies the victim is going to need (wheelchair, powerchair, crutches, walker, prosthetics, orthotics, etc.).
  • Home or vehicle modifications needed to accommodate the victim’s disability.
  • Long-term care needs, such as the cost of hiring a caregiver.
  • The victim’s projected life expectancy.
  • Lost income caused by the victim’s medical issues.
  • Any other necessary services to ensure the individual’s well-being and quality of life.

Who Can Be a Life Care Planner?

Life care planners have diverse career backgrounds that allow them to fully assess the long-term care needs of individuals with catastrophic injuries.

Life care planners often have experience in at least a few of these areas:

  • Nursing, as some life care planners may be registered nurses who have worked in rehabilitation and/or case management.
  • Social work
  • Psychology or psychotherapy
  • Occupational therapy
  • Medical specialists who have comprehensive knowledge of certain disabilities or chronic conditions

How Do Life Care Planners Develop a Plan?

Life care planners often begin with a detailed evaluation of the injured victim’s medical records and his or her current health. They conduct detailed interviews with the victim, his or her family and doctors. The goal of these interviews is to gain a comprehensive understanding of the injury and how it is affecting the victim’s life.

Life care planners also evaluate the victim’s ability to complete a variety of daily tasks. This helps the planner determine when and where victims are likely to need regular assistance and the nature of that assistance.

The next step is an assessment of the immediate and long-term medical needs of the victim, including:

  • Medical treatment
  • Therapies
  • Medical equipment
  • Modifications to living environments

Planners must balance these needs with other considerations, such as:

  • How the condition is progressing
  • Possible complications
  • Medical advancements in treatment or rehabilitation

Once life care planners create a comprehensive plan for all anticipated needs, they can estimate the cost.

Were You Seriously Injured by Another’s Negligence? Call TSR Injury Law

If you or a loved one has been injured and are likely to need long-term care, reach out to TSR Injury Law to find out how we may be able to help.

Our experienced lawyers work with injured victims to help them secure the compensation and care they need, both now and on an ongoing basis. For decades, we have been helping those with serious injuries. You pay no upfront costs to get started, and there are no legal obligations.

Free initial consultation. More than $1 billion recovered. Phone: (612) TSR-TIME.

Filing a Claim for Broken Ribs Suffered in a Minneapolis Car Crash

tablet over rib injuryYour ribs are not built to withstand blunt force trauma during a car crash. Even at a relatively slow speed, such a blow could bruise or even break your ribs. This is not an injury to take lightly, as there is a risk of severe complications that may threaten your life.

TSR Injury Law’s Minneapolis auto accident lawyers have secured millions for crash victims in this state. If you break or bruise your ribs because of another driver’s negligence, we may be able to help you take legal action.

Below, we explain how car crashes cause broken ribs, symptoms to watch for, secondary injuries and complications that can occur. We also discuss including broken ribs in a car crash claim.

TSR Injury Law does not charge upfront fees to represent crash victims. Contact us: (612) TSR-TIME.

How Car Crash Broken Rib Injuries Occur

Most crash victims with broken ribs got hit in the chest during the collision. For example, they may have hit the steering wheel, door or dashboard. The force of the impact in any of these scenarios can be great enough to cause your ribs to break.

However, broken ribs could also be caused by compression. When a small area of the body is compressed between two objects, bones may fracture. For example, while seat belts help to protect lives, they can exert significant pressure on your chest in a severe crash. This is compounded by pressure on your spine from your seat and could result in a rib fracture.

Rapid deceleration during the collision could also cause your ribs to bend or flex. If they bend beyond their capacity, it could cause a fracture. Sometimes the force of a crash is enough to press your internal organs into your ribs. In some cases, that pressure could be enough to cause a fracture.

The main takeaway is that even if you did not get hit hard in the chest, you could suffer a rib fracture. It is vital that you take note of other symptoms of a broken rib injury. If you notice other symptoms, you should seek medical attention right away.

What Are the Symptoms of Bruised or Broken Ribs?

One of the first signs of a broken rib is a cracking noise when the injury occurs. If you hear that kind of noise and feel pain in your chest, there is a strong possibility of a fracture.

In the moments and hours after the collision, you should be aware of these symptoms:

  • Sharp, severe pain in your chest: People who suffer this injury will notice sharp pain in their chest. This pain usually gets worse when you take a deep breath, cough, sneeze or move your torso.
  • Swelling and tenderness of the chest: The site of the injury will feel tender, which means it will cause pain when you touch it. You may also notice swelling and possibly bruising.
  • Labored, difficult breathing: Patients often have trouble taking deep breaths because it hurts. The pain from broken ribs often results in shallow breathing and may put you at higher risk for pneumonia, which can be fatal if left untreated.
  • Deformity in your chest: In severe cases, you may see a noticeable deformity where the rib fracture occurred. However, this usually only happens if you suffered multiple fractures.

These symptoms should never be ignored, as they may indicate a serious rib injury. It is important for you to seek immediate treatment to help reduce the chance of severe or life-threatening complications.

Secondary Injuries Caused by Broken Ribs

The main thing to keep in mind about broken ribs is that there is a potential for secondary injuries that could prolong your recovery and maybe even threaten your life.

You need to go to the hospital right after a crash so doctors can diagnose your broken ribs and determine if you suffered any secondary injuries, like:

Pneumothorax (Collapsed Lung)

A pneumothorax occurs when a broken rib punctures a lung, allowing air to escape into the space around the lung. As a result, the lung could collapse, causing intense pain and shortness of breath.

Hemothorax (Blood in the Chest Cavity)

A hemothorax is like a collapsed lung, except that blood, instead of air, accumulates in the chest cavity. This can also impair proper lung functionality.

Organ Damage

The liver and spleen are particularly vulnerable to damage from broken ribs, especially if the ribs that break are in the lower part of your rib cage. If these organs rupture, you could experience internal bleeding and the contents of your organs could empty into your abdominal cavity, which could be fatal.

Soft-Tissue Injuries

Muscles, tendons and blood vessels around fractured ribs can suffer damage, which can lengthen the healing process.

Prompt diagnosis and treatment of broken ribs are essential to manage pain, prevent complications and ensure a proper recovery.

Treatment Options for Broken Ribs

Severely broken ribs that damage internal organs often require surgery. However, many victims who sustain broken ribs do not need surgery. After checking your ribs are not causing internal harm, doctors may only prescribe pain and anti-inflammatory medications to promote healing. Additional care will likely include rest and limited physical activity. Some victims may need physical therapy to rebuild their strength and improve lung functionality.

What Is the Value of a Broken Rib Claim?

Treatment for your broken ribs should be covered by your personal injury protection insurance, no matter who is at fault for the collision. This includes the cost of:

  • Stays in the hospital
  • Surgeries
  • Prescription and over-the-counter medications
  • Physical therapy
  • Imaging tests
  • And more

Your no-fault coverage should provide compensation for lost wages if your injury kept you from working. This includes times you missed work because you had to attend follow-up appointments with doctors.

Depending on the specifics of your crash, additional compensation may also be available. For instance, you might be able to seek compensation for pain and suffering and lost enjoyment of life.

At TSR Injury Law, we are committed to ensuring that victims of car crashes receive the compensation they deserve. If we determine you have a case and you hire our firm to represent you, we can determine the full value of your claim. We can also explain the steps you can take to document all the damages suffered.

You should not rely on online settlement calculators or the insurance company’s assessment of the value of your claim. Our firm is committed to securing all the compensation you need to move forward with your life.

Injured in a Minneapolis Collision? Contact TSR Injury Law for Legal Assistance

Contact TSR Injury Law today to discuss your situation and learn how we may be able to help you achieve a favorable outcome. While many cases settle, we are also prepared to go to trial to secure the compensation you need to put your life back together.

Our lawyers operate on a contingency fee basis, so there are no upfront costs or legal obligations. Your initial legal consultation is also provided free of charge.

More than $1 billion recovered for injury victims. Call us at: (612) TSR-TIME.

Compensation for Chronic Pain Caused by a Minneapolis Car Crash

doctor examining patient with back painMany car crash injuries will heal in a matter of weeks or months, with few lingering symptoms. Unfortunately, some victims experience pain for months or years after their injury occurred. This is known as chronic pain, and it can dramatically impact your quality of life.

At TSR Injury Law, we recognize the profound impact that chronic pain can have on the lives of crash victims. Below, we explain what victims need to know about including chronic pain in a compensation claim.

Our licensed Minneapolis car accident lawyers have recovered compensation on behalf of many people who suffered life-altering injuries. If you were injured in a crash in Minneapolis or elsewhere in Minnesota, we may be able to help you. We charge no upfront fees.

More than $1 billion recovered. Call TSR for legal assistance: (612) TSR-TIME.

Car Crash Injuries That Often Cause Chronic Pain

Some injuries heal with time, but others can cause persistent pain for months or even years after the collision. These are some of the more common car crash injuries that may result in chronic pain:

  • Whiplash: This is a severe strain of the soft tissues in the neck. It is caused by sudden rapid back-and-forth movement of the head and neck, which often happens during a collision. Whiplash can cause chronic neck and shoulder pain, stiffness and headaches.
  • Herniated discs and back pain: Discs in the spine may bulge or rupture due to the force of a collision, causing the discs to press on spinal nerves or spinal cord. This type of disc injury in the spine can cause ongoing neck and back pain, numbness and weakness.
  • Traumatic brain injuries (TBIs): Concussions and other brain injuries can cause chronic headaches and cognitive or emotional problems. Brain damage from a collision could also trigger migraine headaches, which can be incredibly painful.
  • Knee injuries: The force of a car crash has the potential to tear the cartilage in your knee, causing swelling, pain and trouble walking. Instability in the joint often leads to chronic pain and a higher potential for osteoarthritis.

Shoulder Injuries, like rotator cuff tears: The rotator cuff can be torn during a car crash, causing severe shoulder pain and reduced range of motion. This injury often requires surgery and can result in long-term discomfort and functional limitations.

Symptoms That Come With Chronic Pain

Unfortunately, pain is often just one symptom that comes with a severe car crash injury. People who experience chronic pain often experience additional symptoms, such as:

  • Aching, burning or shooting pain: Chronic pain can manifest itself in various ways. Some individuals may experience aching pain, while others experience burning pain. Still others may experience a combination of both these types of pain. Unfortunately, chronic pain may not go away with any of the typical pain management methods.
  • Stiffness and discomfort: You may have limited mobility in the affected area, along with stiffness that limits your daily activities.
  • Fatigue: Chronic fatigue is physically draining. The fatigue can be so severe and overwhelming that some people struggle with simple tasks.
  • Trouble sleeping: You may struggle to fall asleep or stay asleep because you are so uncomfortable. This contributes to continual fatigue, which in turn can make the pain worse.
  • Emotional impact: Chronic pain often results in poor mental health, as victims may experience anxiety, depression and/or irritability.
  • Trouble concentrating: Chronic pain makes it hard to concentrate, which is distracting and makes it harder for victims to engage in the same activities they used to do. This includes duties they performed at work, as well as activities they enjoyed in their personal lives.

How Can Patients Manage Chronic Pain?

People who have chronic pain often use various strategies to manage it. This may include pain medication and anti-inflammatory medications, along with physical therapy, a pain management program with injections, mental health counseling and possibly massages or acupuncture.

Each injury is different, so crash victims must work closely with their doctors to develop a plan that is tailored to their needs.

Can Minnesota Crash Victims Include Chronic Pain in a No-Fault Claim?

Minnesota’s no-fault insurance system allows crash victims to get immediate coverage of medical expenses and lost wages, regardless of who caused the crash. This includes coverage for things like:

  • Surgery
  • Rehabilitation
  • Hospital stays
  • Transportation to the hospital
  • Physical therapy
  • Chiropractic care
  • Steroid, lidocaine, or Botox injections
  • And more

If your chronic pain results in doctors prescribing medication or physical therapy, those bills may be covered by the personal injury protection (PIP) plan in your own insurance policy. However, your PIP insurance may not cover ongoing medical costs, especially if those costs exceed the limits of your coverage.

Your PIP coverage also will not cover pain and suffering, as it is a form of non-economic compensation.

What About a Lawsuit?

One of the main differences between a no-fault state like Minnesota and a fault-based state is that there are additional restrictions on your ability to file a car crash lawsuit in Minnesota. State law says you cannot recover for pain and suffering for a car crash injury unless your case fits one of five criteria:

  • You incur more than $4,000 in medical treatment
  • You have a permanent injury
  • You sustain 60 days with a disability
  • The victim of the crash died
  • There is permanent disfigurement

If your case meets one of these criteria, you may be able to file a lawsuit against the at-fault driver’s insurance policy. If eligible, you can seek compensation for various damages that are not available in a no-fault claim, such as:

  • Pain and suffering
  • Loss of enjoyment of life
  • Lost earning capacity
  • Emotional distress

In short, you may be able to seek compensation for chronic pain from a car crash, but there are many factors to consider. That is why it is vital that you speak to an experienced lawyer about securing full compensation for your damages.

Contact TSR Injury Law After Getting Injured in a Collision

We are dedicated to securing the maximum compensation for our clients to support their recovery and manage the ongoing impact of chronic pain. If you or a loved one are dealing with chronic pain following a car crash, do not hesitate to reach out to us.

Complete a free case evaluation form or call us at (612) TSR-TIME.

Keeping Track of Your Medical Costs After Being Involved in a Minneapolis Crash

It is only natural to feel overwhelmed after getting injured in a car crash. The collision itself is a traumatic experience that leaves many people in a state of shock. The weeks and months following a car crash are often physically, financially, and emotionally taxing.

Current image: medical billing statement with stethoscope

Keeping things organized, such as your medical expenses, can be a challenge. At TSR Injury Law, we know what crash victims go through. We have decades of experience helping people through the legal process and securing the compensation they need to move forward.

Below, our Minneapolis-based car accident lawyers discuss the importance of tracking car crash medical expenses and provide tips on how to keep your bills and receipts organized. If you were injured by another driver’s negligence, call us to learn how we may be able to help.

No upfront costs. More than $1 billion recovered for clients. Phone: (612) TSR-TIME.

Why Crash Victims Should Track Their Medical Expenses

While there are some exceptions, you should be able to seek compensation for all your crash-related medical costs. However, you are going to need documentation of these expenses to include them in your claim for compensation. The insurance company is not going to pay for undocumented expenses or medical care.

Accurate documentation of your medical costs and care also helps to prove the severity of your injuries and enhances your credibility. A paper trail shows the insurance company you are taking the situation seriously because you are following through on your treatment and are taking the appropriate steps to make the best recovery possible.

Insurance companies love to claim victims are trying to inflate their damages, so they can get more money than they need. It is much harder for them to make this argument when your lawyer can present a detailed record of reasonable medical treatment.

What Medical Expenses Should You Track?

Crash victims may have a wide range of medical expenses. It is imperative to track every cost, no matter how small, including, but not limited to:

  • Emergency room visits: This includes bills for initial treatment and stabilization of your injuries.
  • Hospital stays: Charges for overnight or prolonged hospital admissions.
  • Surgical procedures: There are numerous expenses associated with surgery, as various medical professionals and tests may be involved.
  • Medications: Prescription and over-the-counter drugs may be necessary, such as medications used to manage pain or prevent infection.
  • Physical therapy or rehabilitation services: For example, some victims need physical therapy to rebuild their strength and improve their mobility.
  • Specialist consultations: Victims may incur fees for seeing specialists, like orthopedists or neurologists.
  • Chiropractic care: Many people find chiropractors helpful in addressing neck and back pain following a crash.
  • Mental health counseling: Crashes are traumatic experiences that can leave lasting psychological and emotional scars. Counseling can help victims work through these issues, helping them to improve their quality of life.
  • Medical equipment: These costs may include things like crutches, braces, wheelchairs or home modifications.
  • Follow-up care: This includes charges for ongoing treatment and checkups. It is important to note that victims should do their best not to miss appointments. If something comes up, reschedule the appointment. Skipping appointments affects your credibility in the eyes of the insurance company.
  • Travel expenses: Victims may be compensated for costs associated with getting to and from medical appointments when doctors are a significant distance away from where victims live.
  • Cost to hire a caregiver: Some crash victims may need to hire a caregiver. This could be a short-term expense or one that lasts a significant amount of time.

How To Track Car Crash Medical Expenses

Efficient tracking of medical expenses requires organization and diligence. However, there are various ways to track expenses.

For example, you can keep everything together in one folder to avoid losing anything. This includes medical bills, receipts, correspondence from the insurance company and payment records.

You could maintain a diary of your medical care that includes documentation of your expenses. In the diary, you could provide more information about each doctor’s visit. You can also explain how your injuries affect you each day. This narrative can be invaluable in personalizing and substantiating your claim.

There are smartphone apps that you can use as well, as they are specifically designed to allow you to track medical expenses. These apps may allow you to filter and categorize your expenses. Also, paper records could get lost or thrown away by accident. Digitizing your medical documents may be better for data security.

Keeping the above information in mind, the easiest way to keep track of your medical expenses is to hire an experienced attorney at TSR Injury Law.  Our team of lawyers and paralegals can track your medical expenses for you throughout your case, making sure the right parties are paying those bills as you work on getting better.  We will also be in contact with your medical providers to ensure they know who to bill, so you don’t get stuck with unpaid medical bills.

Let TSR Injury Law Take on the Insurance Company. Call for Legal Assistance

At TSR Injury Law, we are dedicated to guiding our clients through the complexities of the post-crash recovery process. Our firm is committed to securing full compensation for your damages to help you and your family move forward.

If you or a loved one has been involved in a car crash in Minneapolis or elsewhere in Minnesota, reach out to TSR Injury Law to find out how we may be able to help. There are no upfront costs for our services, and we do not get paid unless our clients are compensated.

We are ready to take your call: (612) TSR-TIME.