Auto Accidents

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

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

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

Calling a Lawyer Quickly Helps You Protect Your Rights

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

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

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

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

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

Is it Ever Too Late to Talk to a Lawyer?

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

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

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

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

Have Legal Questions? TSR Injury Law is Here to Help

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

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

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

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

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

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

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

Should You Just go to the Emergency Room?

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

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

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

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

Are Urgent Care Centers Similar to Emergency Rooms?

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

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

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

Can My Primary Care Doctor Treat Me?

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

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

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

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

Explaining Your Injuries

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

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

Contact TSR Injury Law to Discuss Your Claim

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

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

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

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

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

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

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

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

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

Risks of Using Social Media During Your Case

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

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

Pictures of You Having Fun

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

Pictures of Physical Activity

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

Posts Talking About the Crash

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

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

Comments on Your Posts

Comments on your posts could also hurt your claim.

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

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

Posts About Your Injuries

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

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

Trashing the Insurance Company

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

Contradicting Yourself

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

Using Privacy Settings

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

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

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

Avoiding Social Media Altogether During Your Claim

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

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

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

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

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

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

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

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

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

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

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

Pre-Accident Medical Records

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

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

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

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

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

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

Evidence of a Limited Ability to Work

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

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

Witness Statements

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

Preexisting Injuries That Could Get Worse After a Car Crash

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

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

Have Questions About the Legal Process? Call TSR Today

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

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

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

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

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

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

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

What Crash Victims Think About the Idea of Calling a Lawyer

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

Uncertainty About Needing a Lawyer

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

Not Knowing a Lawyer Personally

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

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

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

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

Discomfort with Suing Someone

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

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

Factors Crash Victims Might Not Consider

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

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

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

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

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

Have Questions About Your Claim? Call Today for Legal Help

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Can a Civil Case and Criminal Case Be Pursued Together?

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

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

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

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

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

Liability for the Establishment That Served the Drunk Driver

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

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

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

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

Injured in a Crash? Call TSR Today for Assistance

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

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

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

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

The internet and smartphones have made information available at the touch of a button. While you can research and figure out many things on your own, some tasks are better left to experienced professionals.

For example, you may have seen online crash settlement calculators that supposedly tell users how much their claims may be worth. Unfortunately, these calculators do not do a good job of giving users the full picture about the value of their claim.

These calculators are only as reliable as the information you put into them. However, they do not ask for all the details you would need to accurately determine your claim’s potential value.

That is why you should seriously consider working with an experienced attorney. At TSR Injury Law, we have decades of experience determining the value of car crash claims. We have also recovered millions on behalf of crash victims.

Why Settlement Calculators Are Inaccurate

Like other online calculators, those used for car crash claims ask you for a variety of numbers to calculate the value of a settlement. For example, these calculators are likely to ask for the value of:

At first glance, it may seem like these calculators are helpful if you have the information you need. However, how do you determine the value of your lost earning capacity or your pain and suffering? There is no set value for these kinds of damages. Their value is based on a variety of unique considerations.

For example, most car crash settlement calculators ask victims to rate their pain and suffering. Their rating is then multiplied by another number, such as the value of economic damages. However, this is an arbitrary calculation. Attorneys and insurance adjusters do not arbitrarily calculate the value of a victim’s pain and suffering. They consider the facts of the situation, available insurance coverage and other relevant information.

Calculators are programmed to assume pain and suffering is worth more if the victim has a significant amount of medical expenses. This may be true in some cases, but there are many other variables to consider. Think of it this way: medical treatment may be so successful that it leaves the victim with few long-term problems. That scenario may result in minimal pain and suffering even though the medical treatment was very expensive.

It is also important to remember online settlement calculators only consider the data you give them. They are not accounting for the unique factors of your situation, such as:

• The severity of your injuries and whether a doctor will relate all the injuries to the crash
• Your medical records
• How you respond to treatment
• Your specific job skills
• Future lost earnings
• Prior similar injuries
• Scar cases usually do not have a lot of bills but are traumatic to the injured party
• What is your health insurance type and what subrogation claim is being made against the settlement
• How many insurance companies are at fault and what percentage does each agree on
• Are your doctors board certified
• What is the Brewster number that the insurance company actually owes versus the full amount of bills; and
• Other relevant factors, the biggest is without legal counsel no insurance company will be concerned about a lawsuit that would actually hold them accountable, so they will offer the least amount possible

Injuries can have a devastating impact on a victim’s life, even if the medical care was successful. The victim’s treatment may end, and he or she may have little ongoing pain and suffering. However, the injury may prevent the victim from engaging in a hobby he or she used to enjoy. Settlement calculators are not built to factor in these things.

Why It Is Better To Have an Attorney Evaluate Your Claim

Experience can be very important when pursuing compensation after a car crash. For example, attorneys who have handled denied or undervalued claims before have a much better idea of how to proceed. They have helped people with a variety of claims and know what it takes to be successful.

Attorneys have learned how to evaluate injuries and loss of earning capacity. It is about more than simply assigning something a number. At TSR Injury Law, our Minneapolis car accident lawyers can also consult medical professionals and other experts, as needed. This additional expertise helps us to not only bolster a claim, but also to determine its value.

In short, attorneys can provide nuanced analysis that you are simply never going to get from an online calculator.

The number an online calculator spits out does not carry any real authority. Even if you think the number the calculator gives you is reasonable, the insurance company may lowball you. When this happens, you need an experienced attorney to negotiate with the insurance company.

You also want an attorney with courtroom experience who is prepared to file a lawsuit. Even if your case does not end up in court, filing a lawsuit may help. Often, it could be just the push needed to get the insurance company to make a better settlement offer.

Call TSR Injury Law To Discuss Possible Legal Options

The attorneys at TSR Injury Law are ready to help, and we have a proven track record of success. There are no upfront costs with our services. There is also no obligation to work with our firm after your free initial consultation. In other words, there is no risk in meeting with one of our experienced attorneys to learn how we may be able to assist you.

Car crashes can cause devastating injuries and financial upheaval for victims and their families. You do not want to solely count on the insurance company to provide the compensation you need.

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

You may be surprised by how easy it is for a car to get totaled in a crash. (Totaled means the cost of repairing the damage is greater than the value of the vehicle. (Some companies consider 80 percent of the value to fix a vehicle to also be deemed a total loss). If your vehicle is more than a few years old, anything more than minor damage could be enough to total it.

In recent years, research has found people keep their cars a lot longer than they used to. Drivers delay buying a new vehicle or buy a used one instead. This may make it much more likely for a lot of vehicles on the road to be totaled in a crash.

If you still owe money on your car loan when your car gets totaled, and you owe more than the value of the vehicle, you may need financial help. Many people do not have thousands of dollars in cash they can use to pay off a loan.

That is why drivers should strongly consider purchasing GAP insurance. Learn more about GAP insurance below.

What You Need to Know About GAP Insurance

GAP stands for guaranteed asset protection, and you can buy this type of insurance for a variety of vehicles, including cars, motorcycles, light trucks, jet skis, ATVs, snowmobiles and boats.

If you buy this insurance, it should help you avoid a financial crisis if your vehicle is totaled. If you owe more than the vehicle is worth, GAP insurance covers the difference, so you do not need to. The rest of the loan balance is paid off with the settlement provided by the insurance company.

GAP policies vary in terms of other features that may be available. For example, they may waive a portion of your deductible, which is the amount you must pay up front before the insurance policy kicks in and provides coverage. Some policies may give you additional money to help you in buying another vehicle. You should carefully review the terms of a policy and ask the insurance company for clarification on anything you are unsure about.

You never know when your vehicle may be totaled after a crash. If it happens, you are still going to need reliable transportation to get to doctors’ appointments and to work, if you can work. If you are on the hook for the rest of your loan balance, it may be much harder to get a new vehicle.

With GAP insurance you should have one less problem to deal with after a crash. You want to be focused on your medical treatment and recovery, which is also why you should strongly consider hiring an attorney to help you pursue compensation for the damages you suffered in the crash. While using GAP coverage may be relatively straightforward, the insurance company may not make things so easy when seeking compensation for medical expenses and other damages.

Do Insurers Place Restrictions on GAP Insurance?

There may be certain restrictions on your ability to buy GAP insurance. For example, the Allstate website says some insurers only sell GAP insurance to those who have brand new vehicles. Insurers may limit GAP coverage to those who have vehicles no more than two or three years old, or to the original owner of the vehicle.

When Might GAP Insurance Be Worth it?

The Insurance Information Institute recommends buying GAP coverage if you have a loan that is 60 months or more, you paid less than 20 percent down, or if you leased your vehicle. If you leased your vehicle, the lease agreement may already include GAP coverage.

You may also want GAP insurance if you bought a vehicle that tends to depreciate faster than the average vehicle or if you rolled negative equity from an old car loan into your new loan.

Having Trouble with Your Insurance Company? Call Today

Our experienced St. Paul auto accident attorneys know insurance companies are not looking out for the best interests of their policyholders. Their concern is making money and holding onto it for as long as they can. That means they have a strong incentive to deny or devalue claims, or simply drag their feet in hopes you will be desperate for compensation and will accept a lowball offer.

Car crash victims need a strong advocate who is looking out for their best interests. In fact, victims who hire an attorney often receive more compensation than those who do not.

Our firm has obtained $1 billion in compensation on behalf of our clients and there are no upfront fees for our services.

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

We buy insurance to help protect us when something unexpected happens. We are counting on the insurance company to hold up its end of the bargain and manage claims in good faith.

Unfortunately, insurance companies are notorious for acting in bad faith. If they do not break the law in their handling of a claim, they may stop just short of breaking the law.

It is important to know your rights when you file an insurance claim so you will know if the insurance company is taking advantage of you. If you are struggling with your insurance company after a crash, give TSR Injury Law a call to schedule a free legal consultation.

We have been assisting car crash victims in dealing with insurance companies for decades and have a proven track record of success.

Minnesota’s Good Faith Law

While insurance companies have the right to deny claims, they must have a reasonable basis for doing so. If the insurance company cannot prove it had a legitimate, credible reason for denying a claim filed by someone they insure, that person may pursue legal action against the insurance company. If you can prove this, you may be awarded damages.

It is important to note your insurance company has an obligation to you to act in good faith. However, the other driver’s insurance company has no such obligation to you.

Your car insurance company also has a variety of obligations in how it processes your claim. For example, the insurance company must acknowledge that it received your claim within 10 business days. The insurance company must also provide you with all necessary claim forms and instructions on how to process your claim.

Investigating Your Claim

Insurance companies are also legally obligated to complete an investigation of your claim within 30 business days. The only exception to this is if the investigation cannot reasonably be completed in that time. However, the insurance company must notify you of the reasons why the investigation cannot be finished within 30 days.

Contacting an Attorney

Minnesota law says it is also illegal for an insurance company to advise a claimant not to call an attorney or to say payment of benefits will be delayed if you retain an attorney.

Notifying You of Acceptance or Denial of a Claim

The insurance company is also required to notify you of its acceptance or denial of a claim within 60 days of receiving a properly executed proof of loss. The insurance company cannot deny your claim based on a specific provision, condition or exclusion unless that is stated in the denial letter sent to the claimant.

Making a Settlement Agreement

The insurance company cannot threaten to cancel or not renew your policy to try to coerce you into settling the claim.

They also cannot make a settlement offer for one part of the claim that is contingent on settling a different part of the claim.

There are many other things insurance companies cannot do when someone files a claim after a car accident, such as telling you that you are required to take your car to a certain body shop for repairs. You have the right to decide where to take your car for repairs.

Despite these regulations, insurance companies often mislead, deceive and unfairly deny claims. Their loyalty is to their bottom line, so they are looking for some way to deny or undervalue claims.

That is why it is so important to seek experienced legal help. Insurance companies know an experienced Bloomington car accident attorney knows the law and will aggressively seek full compensation for crash victims.

TSR Injury Law is Here to Help Crash Victims. Call Today

You do not need to handle your car crash claim alone. Not only can an attorney manage the process for you, but hiring an attorney often results in a more favorable outcome for victims.

Call TSR Injury Law today to learn more about how we may be able to assist you. There are no upfront fees for our services. In fact, we are not paid unless our clients get paid. This means there is no financial risk toyou.

Our firm has recovered $1 billion in compensation on behalf of our clients, many of whom were injured in motor vehicle crashes.

Give us a call today for legal help. (612) TSR-TIME

You may have some idea about how committed car insurance companies are to saving themselves money, particularly if you have had to file a claim. A car insurance company may have attempted to deny your claim or made a lowball settlement offer.

Would you be surprised to learn car insurance companies sometimes hire private investigators? Insurance companies may take extra steps to try to find something they can use against you.

Below, our experienced attorneys discuss this issue in greater detail, including limits on the ability of private investigators to spy on you.

If you have questions about your legal options or are struggling to obtain compensation from the insurance company, we are here to help. Our firm has obtained millions on behalf of car crash victims.

Are Car Insurance Companies Allowed to Spy on You?

There is certainly an argument to be made that hiring a private investigator is unethical and a bit shady, but it is not illegal. Private investigators are within their rights to photograph you while you are out in public, review your social media posts, follow you to your work or your home, and review public records.

Private investigators could learn a lot about you and some of this information may help the insurance company in its attempts to deny or undervalue your claim. Insurance companies typically only do this when the case is complicated or has the potential to be worth a lot of money.

It is important to note there are limits on what private investigators can legally do when they are hired. For example, wiretapping your cellphone is against the law. This is something law enforcement can do only after getting a warrant.

It is also illegal for private investigators to photograph you through a home window, trespass onto your property or other private property, impersonate a police officer, or misrepresent themselves as someone else (insurance adjuster or other insurance company representative, etc.).

Private investigators are prohibited from intimidating or threatening people, whether these threats are verbal or physical.

Do I Have Anything to Be Concerned About?

If you have hired a lawyer and are following your doctor’s orders about your medical treatment, you should probably not be concerned about a private investigator. If you spot a private investigator, inform your attorney and he or she may give you some additional tips on protecting the value of your claim.

Remember, the truth is always key. If you tell your doctor, you cannot bend over (at all) and then you are on video bending over bowling or playing with your kid, that is insurance fraud. If you tell your doctor that you can bend over, but it causes pain, and video catches you bowling or playing with your kid, then you will need to explain what pain you were in or what you had to do later that night to battle the pain, such as take medication or ice.

Make sure to be careful with your social media posts. Taking a break from social media during your claim is often a good idea, as you could unintentionally say or post something damaging to your case. You want to avoid posts that make it seem like your life is back to normal and you have no physical limitations from the crash. Posts about exercising or going out with your friends or taking a vacation can be damaging to an accident claim.

The truth is not always easy to see from a photo.  No one wants to post a photo of backpain. The photos are always people smiling and having the time of their lives. Think about the perception the photos on social media will generate.

You may be thinking that it should not matter what you post because you have privacy settings on your social media. However, private investigators may pose as someone else to try to get you to accept a friend request. Remember, the information you post online is never entirely private. There are even cases when Judges have allowed access to private social media data.

The strength of a claim is not only based on the evidence gathered, but also your credibility. Your actions during the claims process go a long way in either bolstering your credibility or diminishing it.

What if an Investigator Crosses the Line?

If you ever feel you or a loved one is in danger, call the police. Short of that, make sure to inform your lawyer about conduct that may be illegal.

At TSR Injury Law, we are not only here to pursue maximum compensation, but we are also here to help you through this process. We know this is a very difficult time for you and your family.

Call TSR Today for Legal Help After a Car Crash

Unsure how a lawyer may be able to help after a car crash?

Feel free to give us a call today to set up a free consultation to learn how an experienced Bloomington car crash attorney may be able to assist you. Crash victims who hire attorneys often obtain more compensation compared to those who try to go it alone. The legal process is complex, and our experienced attorney knows how to navigate every step because we have done it countless times.

For more than 20 years, our firm has been helping injury victims and we have obtained millions in compensation on their behalf. The initial consultation is free, and we work on contingency, which means we do not get paid unless you do.

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

Drivers should always check their blind spots before changing lanes, particularly when they are driving large vehicles like commercial trucks. The larger the vehicle, the bigger the blind spot and the more damage that can occur if the large vehicle crashes into a significantly smaller one.

However, given the fact that drivers should know commercial trucks have large blind spots, can they be held partially at fault for blind-spot crashes with commercial trucks? Or do truck drivers bear most of the responsibility for preventing a blind-spot crash?

Victims of truck accidents can greatly benefit from experienced legal representation. At TSR Injury Law, we have been helping motor vehicle crash victims for decades. Our firm has secured more than $1 billion in compensation on behalf of our clients. There are no upfront fees for our services, which means there is no risk in working with us.

Fault for Commercial Truck Blind-Spot Crashes

While each accident is unique, commercial truck drivers are often the ones held liable for these crashes. You have a right to be in a lane and other drivers can only come over into your lane if they can do so safely without causing an accident.

Truck drivers are responsible for checking their blind spots just as drivers of other vehicles are responsible for checking their blind spots. Truck drivers need to use their mirrors and other technology in their vehicles to determine if a vehicle is in a blind spot. Truck drivers also need to be aware of the amount of traffic around them and take their time to make sure it is safe to change lanes before doing so.

Truck drivers are also likely to be held liable for a blind-spot crash if it happened while they were:

• Tired or fatigued
• Distracted
• Impaired by drugs and/or alcohol

In some situations, it is possible the driver failed to properly adjust his or her mirrors to reduce blind spots as much as possible. Maybe the truck did not have the appropriate mirrors to allow drivers to see around the truck as much as possible.

If you were to speed into a blind spot as a truck is already changing lanes, and the truck driver used his or her turn signal, you may be partially at fault for damages you may suffer if a crash happens. The same could be said if you drifted into a blind spot because you were distracted, and the truck driver was being cautious about changing lanes.

In some cases, another party may be at fault. For example, maybe the truck had video or sensor technology that was supposed to alert him or her to vehicles in blind spots and the equipment failed. In that case, the manufacturer of the equipment or the party responsible for maintaining that equipment may bear some amount of liability for the crash.

Where Are the Blind Spots Around Commercial Trucks?

Commercial trucks are not only longer than other vehicles, but drivers are also higher up than drivers of traditional passenger vehicles. This creates huge blind spots that drivers cannot see, even with their mirrors adjusted appropriately.

One of those blind spots is 20 feet in front of the truck. Drivers cannot see anyone or anything in that 20-foot zone. If the truck is right behind you or behind you in the lane to your right or left, the driver cannot see you.

There is also a blind spot 30 feet behind the trailer. In other words, if you are within 30 feet of the rear of the trailer, the driver is unable to see you.

There is another blind spot between the driver’s door and the back of the truck and another from the right side of the cab to the two lanes to the right of the truck.

One useful way to think about commercial truck blind spots is that the driver cannot see you unless you can see the driver in his or her side mirror.

Dangers of Blind-Spot Crashes

Any crash with a commercial truck can be very dangerous. However, blind-spot crashes have the potential to be deadly. If a truck sideswipes you, your car could get run off the road or into other vehicles. This could also happen if you get rear-ended by a commercial truck. The truck could also run your car over if it is behind you and your vehicle is in the blind spot in the front of the truck.

Need Help Following a Truck Crash? Call TSR Right Away

Whether you have questions about the validity of your case, a settlement offer you received, the potential value of your case or anything else following a truck crash, TSR Injury Law’s experienced Bloomington truck accident lawyers may be able to help.

We have extensive knowledge of the many factors involved in these cases and can provide answers to your questions to help you make an informed decision about what to do next. Schedule an initial consultation with one of our licensed attorneys to learn more about how we may be able to help.

No upfront fees. Millions recovered. Call us at (612) TSR-TIME.

One of the most important things to do after being injured in a car crash is to seek medical care. You do not want your injuries to get worse because of a delay in treatment. The sooner you start getting treated, the sooner you can complete your recovery.

It is important to be thorough when talking to doctors about your injuries, not only to optimize the care you receive, but also for the strength of your case. Omitting information could give the insurance company room to dispute your credibility and lower the value of your claim.

Below, our experienced Minneapolis auto accident attorneys talk about what crash victims should discuss with their doctors. If you have more questions about what to do after being injured in a crash, TSR Injury Law is here to help. Give us a call to schedule your free consultation.

Discussing the Crash with Doctors

Make sure to tell the doctor how you were injured. The doctor will probably have many questions about how the crash occurred. Having answers to these questions helps your doctor with properly diagnosing and treating your injuries. Do not exaggerate about the crash. Saying you “were hit at 60 mph” does not help when you truly don’t know and only gives the insurance company room to doubt you. Keep the explanation simple on how the crash happened. It is not actually relevant to the medical treatment. “I was rear-ended” or “I was going straight on a green and another car ran a red light” is sufficient.

Tell the doctor what you remember about the crash, particularly where your vehicle got hit and if any parts of your body hit things inside the vehicle, like the steering wheel, dashboard, window, gear shift, or anything else. Medical treatment may be affected by crash facts by explaining “my left shoulder hit the side door when I was t-boned” as an example.

You want to give the doctor as much information as possible so he or she can determine where and how you may have been injured.

Explaining Your Injuries

Tell the doctor where it hurts and how severe the pain is, even if you think the pain is minor. Describe the pain as well. For example, is it an ache, burning or stabbing pain?

Inform the doctor of other symptoms you are experiencing, such as limited mobility, nausea, dizziness, confusion, headaches, numbness, irritability, behavioral changes, etc. Radiating pain or numbness into your arms/hands or your buttocks and legs are extremely important to mention. These symptoms could indicate an injury you are unaware of, such as an internal injury, nerve damage or brain injury.

Make sure to inform the doctor about any injuries you had before the crash. If you never treated for an injury, it is not as important as injuries or pains you have treated for before the crash. Your doctor can determine if you aggravated an existing injury and help to differentiate between your new injuries and the old injury.

If you are concerned that revealing a preexisting injury may hurt your claim, you need to know that you can still seek compensation. The insurance company may try to use your existing injury to devalue your claim, but an experienced attorney should know how to counter any arguments. That is one of the reasons hiring a licensed attorney is so important after being injured in a crash.

Your pre-existing medical issues may have made you more likely to suffer an injury in the crash, but that cannot be used to devalue your claim or bar you from seeking compensation.

Continuing Your Treatment

The discussion about your injuries should continue after your first meeting with a doctor. When you return for a follow-up or visit other doctors, keep them updated on how you are feeling and describe any changes in your symptoms. This information will be noted in your medical records – consistent updates on your condition shows you are receiving treatment and trying to get better. These records also reiterate your injuries, which helps to validate your claim. Complaining that your neck hurts to your spouse is not the same thing as reporting it to your doctor. Doctors create medical records and bills and that is what insurance companies need to review.

It is important to follow the doctor’s orders about managing your injuries. For example, if the doctor tells you to avoid certain physical activities, make sure to avoid them. If you disobey the doctor, you could hurt yourself more and prolong your treatment and recovery. It could also work against your claim. The insurance company could say you are ignoring your doctor’s orders because your injuries are not as bad as you said.

You may need to reschedule some appointments for a variety of reasons. That is OK, if you have a good reason, and you attend the rescheduled appointment. Keep your lawyer informed as well. The insurance company may try to use rescheduled appointments against you, claiming you are not really hurt.

What if I Have Questions or Concerns About Treatment?

There are times patients are concerned about taking medications or undergoing a particular treatment. It is important to discuss these concerns with your doctor. He or she should be able to answer your questions about medication side effects, the pros and cons of surgery or another medical intervention.

Maybe you have used a medication before and suffered unpleasant side effects. If that is the case, inform your doctor and he or she may be able to prescribe something different.

If you are unsure about something a doctor is recommending, you may want to get a second opinion. Sometimes another doctor confirms what the first doctor said, and this can be reassuring to some people. If the other doctor has a different opinion, you at least have options to consider.

We Are Here to Help. Call to Learn More

Unsure how an attorney can assist you after a crash?

Learn how by calling TSR today to schedule your free legal consultation. Crash victims who hire attorneys often recover more compensation than crash victims who go it alone.

This is because attorneys are committed to recovering as much compensation as possible for the victim, unlike the insurance company that wants to pay out as little as possible.

TSR Injury Law has a proven track record – over $1 billion recovered for our clients.

We are ready to help. Call us at (612) TSR-TIME.