Personal Injury

Causation is a central aspect of a personal injury case. Causation connects an injury to the actions of another person, such as a driver or property owner.

In this blog, the experienced lawyers at TSR Injury Law provide a detailed explanation of this legal concept. We also discuss the challenges of proving causation and the evidence that can be used to support a personal injury claim.

At TSR Injury Law, we have been advocating for Minnesota injury victims for more than 25 years. During that time, we have obtained more than $1 billion in compensation over a wide variety of cases. Our knowledgeable Minneapolis personal injury lawyers represent clients on contingency, which means no upfront costs for you.

Schedule a free legal consultation to learn if you have a case. Call (612) TSR-TIME.

What Is Causation in Personal Injury Law?

Causation in personal injury law refers to the link between someone’s actions and another person’s injury. Essentially, one person breached a duty of care, and the breach resulted in an injury to another. A duty of care is a legal responsibility to take reasonable steps or precautions to prevent an injury to someone else.

Establishing this connection is crucial for a successful personal injury claim. You can think of causation as the linchpin of a personal injury claim, without it, there is no case. There needs to be an unbroken chain between the actions of the at-fault party and your injuries.

What Are the Two Elements of Causation?

Causation has two parts: cause in fact and proximate cause. This is sort of like a two-part test for establishing whether causation exists in an injury claim:

• Cause in fact: This can be referred to as the “but for” test. In other words, your injuries would not have happened without the actions of the defendant. For example, say that a pedestrian got hit by a car whose driver ran a red light. The crash would not have happened if the driver had not run a red light. The driver’s actions were the direct cause in fact of the pedestrian’s injuries. One of the challenges of proving cause in fact is being able to counter if the insurance company tries to argue that something else likely caused your injuries.
• Proximate cause: Proximate cause is about foreseeability. It determines whether the injuries were a foreseeable result of the negligent action. For instance, if a property owner neglects to clear ice from their sidewalk and someone slips and gets injured, the owner’s negligence is the proximate cause of the injury. Foreseeability is based on the reasonable person standard. That means if a reasonable person could have expected his or her actions would result in harm, the injury was foreseeable. For example, it is reasonably foreseeable that and result in injuries.

Evidence That Can Be Used to Prove Causation

Proving causation requires concrete evidence. This might include:

• Medical records: This documentation is pivotal in linking the injury directly to the accident. Detailed medical records also provide your diagnosis, a timeline of your treatment and explain the severity of your injuries.
• Expert testimony: Experts can help establish the cause-and-effect relationship between the defendant’s actions and your injuries. They use their advanced knowledge and experience to provide detailed insight into what occurred. For example, medical experts can explain exactly how a crash caused an injury.
• Accident reconstruction: Sometimes, reconstructing a crash can provide a clearer picture of how the events unfolded and led to the injury. Accident reconstruction experts can provide a visual and scientific explanation of what happened in the collision. They can explain the chain of events, including how the other party’s negligence led to your injuries.

At TSR Injury Law, we understand the complexities of proving causation in personal injury cases. Our lawyers and legal staff are adept at gathering convincing evidence for a variety of cases. We also know how to counter the liable insurance company’s arguments about what caused your injuries or whether a reasonable person could have foreseen what would happen.

Contact TSR Injury Law for Post-Injury Legal Help

Causation is a critical element of personal injury claims, and understanding it is key to securing fair compensation.

If you are an injured victim in Minneapolis, reach out to TSR Injury Law. Our experienced lawyers and legal team are here to answer your questions and guide you through the legal process. We are committed to securing the justice and compensation injury victims need.

We do not charge any upfront fees for our services. The initial legal consultation is always free.

More than $1 billion recovered. Call today: (612) TSR-TIME.

Property owners may be able to avoid liability for a slip-and-fall injury if they can prove the victim was adequately warned about the danger. For example, putting out a “wet floor” sign could be seen as a reasonable step for warning about a spill or a recently mopped floor.

However, you should not assume there is no way to file a slip-and-fall claim if there was a “wet floor” sign at the scene. You may have had a hard time seeing the sign, or it may have only warned about part of the danger.

TSR Injury Law’s experienced Minneapolis slip-and-fall attorneys explain how the presence of a “wet floor” sign can affect a Minnesota slip-and-fall claim.

Schedule a free legal consultation today. No upfront costs. Call (612) TSR-TIME.

Are Property Owners Required to Put Out ‘Wet Floor’ Signs?

The owners of retail stores and other commercial establishments have a legal obligation to take reasonable steps to help prevent visitors from getting injured while on the property. There are various examples of reasonable actions property owners can take to accomplish this goal, such as:

• Routinely inspecting the property to search for possible hazardous conditions
• Removing merchandise and other objects obstructing areas where customers and other visitors commonly walk
• Putting out a “wet floor” sign if there is a spill, an unnatural accumulation of snow or ice, or the floors were recently mopped and are likely to be slippery

Putting out a “wet floor” sign is not the only way to warn people about a potential danger. For example, property owners could use orange cones or rope the area off to prevent people from getting closer to the wet or slippery floor.

A warning might not be necessary if the property owner takes immediate steps to resolve the problem, such as drying up the wet area of the floor.

How Does the Presence of a ‘Wet Floor’ Sign Affect a Slip-and-fall Case?

It is important to note that a “wet floor” sign is not a one-size-fits-all solution to reducing the risk of a slip-and-fall injury. Other factors could come into play that could mean the property owner still bears liability for the accident, such as:

• It was unreasonable to expect an average person would be able to see the sign. If the area was poorly lit, a visitor might not be able to see the sign.
• If a sign was poorly placed, such as if it were posted a significant distance away from the wet or slippery area. Visitors may not understand what area the sign is referring to.
• The property owner left the “wet floor” sign out for a long time without cleaning up the spill or drying the floor to make it safe for visitors to walk on.
• The sign was put out while your back was turned and you were not made aware the sign had been posted.
• The sign was put in a heavily trafficked area where you had to walk, such as to exit the store or go to the cash register to buy something.
• There was another problem that contributed to your fall, such as broken glass or some other object or spilled goods that presented a tripping hazard.

Partial Fault for a Minnesota Slip-and-fall Injury

It may be difficult for slip-and-fall victims to avoid any liability for their injuries if the property owner had posted a “wet floor” sign or a similar type of warning. The at-fault party can argue you should have taken reasonable steps to avoid the area. In Minnesota, you can be up to 50 percent at fault, however, and still recover compensation, so partial fault does not always eliminate legal options.

Liability for a slip and fall is going to be based on the evidence presented. That is why victims should contact a licensed attorney to discuss whether they may have a case.

You can be sure the property owner is going to dispute liability and continue to reemphasize the presence of the “wet floor” sign. Even if you could not see the sign or it was badly placed, you are going to need evidence to prove your claim.

Slip-and-fall cases can be difficult to prove, and evidence can get lost if you do not act fast. That is why contacting a lawyer right away is so important. Even if you are unsure if you have a case, it does not hurt or cost you anything to call to learn more about possible legal options. At TSR, we are experienced at quickly preserving evidence and determining how liable parties breached their duty of care.

Call TSR Injury Law for Legal Assistance After a Minneapolis Slip-and-fall Claim

Slip-and-fall injuries can affect you for a significant amount of time, even if you do not break a bone. At TSR Injury Law, we have been helping injured victims for many years, so we know how difficult the aftermath of an injury can be.

Our law firm has obtained more than $1 billion in compensation on behalf of our clients, and our services are provided at no upfront cost to you.

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

Liberty Mutual Insurance Company has reached a $7.7 settlement with the State of Minnesota after it was alleged the insurer violated insurance regulations.

The Minnesota Department of Commerce investigated the insurance company for allegedly breaking state regulations on antitheft protection device discounts, automated rate increases and multi-policy discounts.

“When consumers pay premiums…they are protected by state law to ensure they get what they pay for,” says Grace Arnold, Minnesota’s commerce commissioner.

As part of the settlement, it was determined that Liberty Mutual did not offer a minimum auto insurance policy discount for antitheft protection devices. As a result, the insurer has refunded and credited a total of $2.27 million to their 52,604 current and former policy holders affected.

In addition, the Department of Commerce investigated Liberty Mutual for rate increases that were automatically applied. The settlement contains $2.1 million for credits and $670,000 for refunds. The money will be paid to more than 28,000 current and former policyholders. Current policyholders can expect to receive an average of $178, while former policyholders will get about $77 apiece.

Liberty Mutual will also provide refunds and credits to settle allegations of offering multi-policy discounts for bundling homeowners and auto insurance policies. The settlement contains about $2.7 million for current and former policyholders, with affected policy holders receiving an average of $350.

To ensure Liberty Mutual honors the settlement agreement, a civil penalty of $150,000 has been stayed. This means as long as Liberty Mutual refunds or credits their policyholders, the fine will be voided.

Since they first arrived in the Twin Cities in 2018, electric scooters (e-scooters) from companies like Lime, Spin, Lyft and JUMP have skyrocketed in popularity. While riding these devices is fun, it is also a convenient and cheap way to get around. However, many people forget to consider the safety risks and potential for sustaining severe injuries.

In October 2023, the U.S. Consumer Product Safety Commission released a report revealing that the number of e-scooter injuries rose 22 percent in 2022 compared to the previous year.

While e-scooter riders can suffer severe injuries in various types of crashes, they are also a risk to pedestrians. When crashes happen, drivers and scooter rental companies may bear liability for injuries and damages.

TSR Injury Law may be able to help e-scooter crash victims recover compensation for their damages, and there are no upfront costs involved. We have been strong advocates for the injured in Minnesota for decades, securing more than $1 billion for our clients.

Have legal questions after an e-scooter accident? Call for assistance: (612) TSR-TIME.

What Kinds of E-Scooter Crashes May Be Eligible for Compensation?

Whenever someone suffers an injury because of another’s negligence, there may be grounds for legal action. This can include injuries from e-scooter crashes. The Minneapolis car accident lawyers at our firm are prepared to help e-scooter crash victims secure compensation.

E-Scooter vs. Car Crashes

Despite the widespread use of e-scooters, drivers often fail to keep an eye out for riders, particularly when drivers are going through intersections or making turns and entering crosswalks. Far too often, drivers are distracted and don’t think to look out for pedestrians, much less e-scooter riders.

Drivers need to be particularly cautious when turning right on a green light as e-scooter riders may be crossing the road while drivers are completing their turns.

Scooter riders are permitted to ride on any street, but drivers might not give riders enough space when passing, which could result in a rider getting clipped by the side of a car.

E-Scooter vs. Pedestrian Crashes

E-scooter riders are not permitted on sidewalks, but sometimes riders break the law, putting pedestrians at risk. E-scooter riders also need to watch for pedestrians when crossing the street.

E-Scooter vs. Bicycle Crashes

E-scooters are allowed on bike paths in Minnesota, so there is a possibility of a crash with a bicyclist. E-scooter operators may be inexperienced and struggle to keep the vehicle under control, which could result in a crash with a bicycle rider.

Defective E-Scooter Crashes

Sometimes riders are injured because the scooter itself is defective. For example, the brakes might not work like they are supposed to, or the scooter might start accelerating without the rider increasing the throttle.

If you were injured in any of these types of collisions through no fault of your own, you may be eligible to file a personal injury claim. Contact TSR Injury Law to learn more about your rights.

Who Could Be Held Liable for an E-Scooter Accident?

Liability will depend on multiple factors unique to the accident, but the following parties often bear liability for these incidents:

• Drivers – Car drivers may be liable for being distracted, violating an e-scooter rider’s right of way, or not leaving enough room when passing.
• E-scooter riders – Riders may have been going so fast they could not avoid hitting a pedestrian or bicycle rider. They may have also been distracted or lost control of the vehicle. Inexperienced riders may fail to check for traffic before crossing a road, not leaving drivers time enough to stop to avoid a crash.
• Scooter rental companies – These companies may have knowingly put defective or malfunctioning vehicles in circulation or failed to fix an issue that scooter users had previously complained about.

It may also be possible to hold a city or municipality liable for a crash caused by a roadway defect, like a pothole or road construction.

Is There Insurance for an E-Scooter Crash?

If you were injured in a collision with a car, you may be able to seek compensation from the driver’s liability insurance. Injured bicyclists and pedestrians may be able to seek compensation from the rental company that provided the scooter, as these companies often have liability insurance to cover damages caused by scooter riders.

Riders may wonder about whether they can use their no-fault auto insurance coverage, but these policies generally do not cover electric scooters.

Most injury claims are resolved through an insurance settlement. However, it may be possible to sue the scooter company if a scooter involved in a crash was found to be defective. These companies have a legal responsibility to take defective or malfunctioning scooters out of circulation or fix them. When products are unreasonably dangerous when being used as intended, rental companies may bear liability for damages that result.

Minnesota Laws on Riding E-Scooters

E-scooters first came to the Twin Cities in the summer of 2018. Since then, Minnesota has passed laws to regulate scooter rental companies, along with the riding and parking of these vehicles. These laws are meant to help e-scooter riders safely share the road with cars, pedestrians and bicyclists.

• Scooter riders have all the rights and duties as bicyclists.
• E-scooters may not be operated on sidewalks unless it is necessary to enter or leave property adjacent to a sidewalk.
• It is illegal for anyone under the age of 12 to ride an e-scooter.
• People between the ages of 12 and 18 must wear a properly fitted and fastened helmet
• E-scooters must have headlights and taillights.
• These vehicles must be ridden as close to the right curb or edge of the road unless they are overtaking another vehicle heading the same direction, preparing for a left turn, or when necessary to avoid obstacles (pedestrians, bicyclists, animals, narrow lanes or fixed objects).
• E-scooters can be ridden in bicycle lanes, trails or paths that are not reserved for non-motorized traffic.
• It is illegal for more than one person to ride a single e-scooter.

Call TSR Injury Law Today to Discuss a Potential Lawsuit

Falling from an e-scooter, getting hit by a car while riding one of these devices, or getting hit by an e-scooter as a pedestrian can cause devastating injuries.

Other parties may be liable if the collision resulted from another’s negligence. Victims may be eligible to seek compensation for past and future medical costs, lost wages, and more.

The legal process can be complex and overwhelming for injured victims, but at TSR, we handle these cases every day. We have been helping injured victims to secure the compensation they need for decades, and we have the resources and staff to help you.

Experienced. Local. Lawyers. Call TSR Injury Law today: (612) TSR-TIME.

Effective May 20, 2023, there are two big changes in wrongful death claims in Minnesota. First, a personal injury claim can continue after the victim dies (even if the death was not caused by the original claim). Previously, the law stated these cases end when the victim passes away, other than a claim for unpaid medical bills.  Second, there is now a claim for the pain and emotional distress suffered by the decedent when they die.

Minnesota’s new Survivorship Statute also amends existing law to say that recovery in these cases is for “all damages suffered by the decedent” that resulted from the injury that occurred prior to death. This change applies whether the victim’s death was caused by the accident or by some unrelated cause.

This means these lawsuits may be able to include compensation for non-economic damages, which may include:

Before this change to the law (573.01 Survival of Causes Subdivision 1. Death action.), wrongful death cases could only include pecuniary losses that resulted from the death if the death was caused by the same incident. Pecuniary losses are economic losses, such as medical costs and lost wages as well non-economic damages sustained by surviving family members.  The previous law did not recognize damages for the person that actually died, nor did it allow for surviving family members to seek non-economic damages if the death was unrelated to the original injury incident.  The new law does.

Another change with this new law is the time limit for pursuing a case when someone dies from a cause unrelated to the injury. Legal action must commence within three years of the date of death and no more than six years from the date of the injury. These same rules apply to claims in which the victim died because of the injury. It is also important to note there is no statute of limitations for claims involving victims of murder.

These are all monumental changes that apply to all future causes of action and any claims that were pending as of May 20, 2023. Unfortunately, this change is long overdue, as Minnesota is the last state in the nation to adopt this type of law. A total of 49 states have had the same statute, or something similar, since 2008. It is long past due that Minnesota recognizes a modern wrongful death action.

This was not a Democrat or Republican issue, as the bill that was voted into law had bipartisan support.

How This Affects Insurance Companies

In the past, insurance companies often tried to delay the legal process when the victim had a potentially fatal injury. This was particularly common in nursing home abuse cases.

Insurers did this because they knew that once victims died, a significant portion of their claims died with them. That meant insurance companies would have much less financial liability.

However, the new law means delaying the process is no longer an effective strategy for insurance companies.

It is important to note this does not mean insurance companies will immediately offer full compensation to claimants. Insurance companies are still going to fight hard to avoid accountability and pay out as little compensation as possible.

That is why victims need an experienced attorney to manage their case. At TSR, we have been helping injured victims for decades. We have extensive knowledge of the many aspects of the legal process, including relevant laws.

In fact, TSR Partners Rich Ruohonen and Jenny Olson discussed the new law in a Zoom webinar on June 21st, 2023. The webinar, titled “The New Survivorship Law and What You Need to Know”, was put on by the Minnesota Association for Justice (MNAJ). It covered how personal injury lawyers and their staff can adapt law firm procedures to accommodate the new law.

Rich Ruohonen regularly speaks about personal injury litigation and has written several articles on the subject. He is also a past president of the MNAJ.

Can This New Law Help You? Call TSR Injury Law Today to Find Out How

While recovering compensation cannot erase what occurred, it does provide some amount of justice for the victim’s loved ones. This is particularly true when claimants can seek compensation for ALL of the damages that occurred.

TSR Injury Law has been a tireless advocate for the injured in Minnesota for decades. Our firm has obtained more than $1 billion on behalf of our clients. We are ready to help you and there are no upfront costs.

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

Some personal injuries will affect victims for the rest of their lives. In addition to physical disabilities, victims may also be left with permanent scarring or disfigurement.

Having a permanent scar can cause depression, anxiety and other mental health issues as victims try to cope with their new physical appearance.

Disfigurement or scarring can also affect the victim’s willingness to enter social situations, which can affect quality of life.

If you or your loved one suffered permanent scarring or disfigurement because of another’s negligence, contact TSR Injury Law today. Our Minneapolis personal injury lawyers may be able to help you seek compensation. Our firm has a history of results, having secured more than $1 billion for our clients.

Have questions after an injury? Call us: (612) TSR-TIME.

What Types of Incidents Can Cause Scarring and Disfigurement?

There are many types of accidents that could result in permanent scarring or disfigurement.

Car and Truck Crashes

Broken glass and sharp metal can cause deep cuts called lacerations. Victims often have scars from the injury and usually from the surgery as well.

If the crash causes an explosion or a fire starts, victims could suffer severe burns. This tends to be more likely if the victim happens to get trapped in the vehicle during the accident. This could happen if your leg gets pinned under the dashboard or the damage to your vehicle is so severe you cannot open your door.

Permanent injuries are more likely to happen in a commercial truck crash. The force of impact during these collisions is so powerful, passenger vehicles don’t stand much of a chance. This could result in amputations and severe crush injuries.

Dog Bites

Dog attacks can cause serious, even life-threatening injuries. While immediate treatment may prevent serious consequences, victims may be permanently scarred from a bite.

Fires and Explosions

If you are in another person’s property and a fire breaks out, you could be severely burned and need skin grafts. If it is possible the fire started due to the negligence of the property owner, you could be entitled to compensation.

Defective Product Incidents

We trust product designers and manufacturers to produce safe products that do not carry an unreasonable risk of injury. However, manufacturers and designers often fail to uphold this legal duty and consumers can suffer severe injuries as a result.

Falls and Other Accidents on Another’s Property

Slip and fall accidents are serious situations that often result in severe injuries. If you fall from high off the ground, you could suffer puncture wounds and severe fractures. As doctors treat the injury, permanent scarring may follow.

What are the Types of Scarring You Could Suffer in an Accident?

Scars develop when the skin is damaged, either from an injury or because of surgery. Minor scars may not leave a permanent mark, but anything more serious is sure to remain on your body for a long period of time.

There are three main types of scars that remain on the body after the underlying injury has healed.

Keloids

These are dark, round scars that could inhibit movement in part of the body where they are located. It is sometimes possible to freeze the scar with liquid nitrogen and it will scab up and flake off. In more serious cases, surgery may be necessary. Doctors may also recommend steroids. Keloids commonly affect those who have a darker complexion.

Contracture Scars

These are scars that are usually associated with a burn injury. These scars form as the skin comes together and can affect your mobility. It is also possible for a contracture scar to affect muscle tissue and nerves.

Hypertrophic Scars

These are red, thick scars that protrude above the skin. Keloids are often more difficult to treat than hypertrophic scars.

What is Disfigurement?

Scarring is just one aspect of disfigurement. Any scar, deformity or blemish that changes your appearance could be classified as a disfiguring injury. A severe burn injury, particularly to your face or another body part that is hard to cover up would be considered a disfiguring injury.

Disfigurement also includes the loss of a limb or an unusually shaped body part. While doctors can provide treatment to save the victim’s life, they may not be able to prevent the formation of scars and changes to the victim’s appearance.

Changes in your appearance that you cannot fix can lead to a variety of psychological and emotional troubles. People may develop a negative body image, develop low self-esteem, hide from other people, and suffer with depression and anxiety. These changes can also affect your ability to work.

Disfigurement creates a permanent physical reminder of the trauma you went through. This can cause prolonged emotional problems that can be difficult to manage.

Documenting Damages Caused by Scarring and Disfigurement

One of the challenges of recovering compensation for scarring and disfigurement is proving the value of your damages. Much of the damage from scarring and disfigurement is emotional and hard to place a value on.

Your attorney will need to work with you to gather strong evidence to prove your claim. Some of the evidence that may be used could include the following:

What is the Value of a Scarring and Disfigurement Claim?

Your lawyer may be able to seek compensation for the following damages:

The value of the case is going to depend on numerous factors, including:

• Location of the scar – A scar on your face, neck or hands is probably going to have a higher value than a scar on another body part.
• Documentation about the change in quality of life – If the scarring or disfigurement affects your mobility you may have more trouble completing daily tasks you used to do.
• Whether you are a man or woman – While each case is different, scarring may be viewed as a more significant injury for a woman than for a man.
• Visibility of the scar – If the scar can be easily hidden under clothing, it may be harder to claim significant compensation.
• Victim’s age – The younger you are, the more your claim for scarring and disfigurement is likely to be worth. Although the injury is still significant no matter how old you are, it is going to be harder to recover significant compensation if you are older. This is especially true if you are retired or close to retirement.

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

Our attorneys have been helping injured victims for decades, securing favorable compensation through settlement negotiations and in the courtroom. We know you probably have many questions, and we are here to help.

Our services are provided on contingency, which means there are no upfront fees. We do not get paid unless we recover compensation on your behalf.

TSR Injury Law. Experienced. Local. Lawyers. Call (612) TSR-TIME.

Loss of consortium is something you may be able to claim if your spouse suffered a catastrophic or fatal injury caused by another’s negligence. Loss of consortium refers to the loss of your spouse’s companionship, affection, support and guidance, help with household chores and more. In other words, your spouse cannot provide what they did before the injury or death.

If your spouse suffered a life-changing or fatal injury, you should contact a licensed attorney to discuss your legal options. The Bloomington personal injury lawyers at TSR Injury Law are ready to help you pursue full compensation for your damages. Our firm has obtained more than $1 billion on behalf of our clients.

Call today. There are no upfront fees with our services: (612) TSR-TIME.

Who Can File a Minnesota Loss of Consortium Claim?

Generally, the surviving spouse is the only person who can file a loss of consortium claim. Minnesota court rulings have consistently reached this conclusion. These claims are typically only pursued in wrongful death cases involving the loss of a spouse.

It might be possible for a parent to seek loss of consortium damages for the loss of children. Grandparents might also be able to seek loss of consortium for the loss of grandchildren.

However, children usually are not able to recover the loss of consortium after losing a parent.

What Are Loss of Consortium Damages?

Loss of consortium refers to the intangible losses suffered after the death of a spouse or that spouse’s catastrophic injury. This can include things like:

Even if the spouse did not die in the accident, he or she may be unable to provide these things because of the severity of his or her injury. For example, the spouse may have suffered a traumatic brain injury and he or she needs help with the most basic of tasks. Spinal cord injuries could also impair the ability of a spouse to perform household tasks and care for children.

What Must Your Lawyer Prove to Recover Loss of Consortium Damages?

Your lawyer must prove certain things to recover compensation for loss of consortium.

Qualifying Relationship

Your lawyer must establish that the claimant and the victim had a qualifying relationship. You must be the victim’s spouse, grandparent or parent.

Negligence Caused the Injury or Death

You must prove your loved one was injured because of another party’s negligence. For example, if your loved one was killed by a drunk driver, your lawyer would need to provide proof of the crash and the at-fault driver’s intoxication.

The Injury or Death Caused Loss of Consortium

Your lawyer would need to present evidence of what your spouse did before the injury. This can then be compared to what your spouse is able to do following the injury.

What is the Value of a Loss of Consortium Claim?

The value of any type of personal injury claim is going to be based on many factors. In a loss of consortium claim, the value is likely to be based on things like:

If you are the one who went to work and your spouse was a stay-at-home parent, the value of your loss of consortium may be greater than the loss of a spouse who also worked full-time. You may now need to pay for childcare, which can easily cost several thousand dollars or more per year.

Call TSR Injury Law Today to Discuss Your Legal Options

The unexpected loss or catastrophic injury of a loved one is often the result of another party’s negligence. That means victims and/or their loved ones may be able to seek compensation for injuries and damages.

At TSR Injury Law, there are no upfront fees for our services. That means we do not get paid unless we successfully recover compensation for our clients.

Visit our case results page to learn more about the compensation we have obtained in a wide variety of personal injury cases.

More than $1 billion recovered. Call today: (612) TSR-TIME.

When people get injured because of another person’s negligence or reckless conduct, they may be able to recover compensation for damages that occur. However, victims cannot recover compensation unless they prove their injuries were a direct result of the other party’s negligence.

In other words, the burden of proof in these claims falls on the victim. The victim needs to provide evidence for his or her claim and evidence of the damages he or she suffered. If the case makes it to trial, the jury will need to decide if the victim’s claims are true based on the preponderance of the evidence.

Below, the experienced lawyers at TSR Injury Law discuss the burden of proof in personal injury claims. One of the most important takeaways for injured victims is that proving a case is a complex task that requires extensive knowledge of the law. You also need an experienced attorney who has handled a variety of cases.

At our firm, we have advocated for the injured for decades. We have secured more than $1 billion on behalf of our clients in Minnesota. Our Bloomington personal injury attorneys charge no upfront fees, and we manage each part of the legal process on your behalf.

Free consultation. Call to discuss your claim: (612) TSR-TIME.

Defining the Burden of Proof

One way to think about the burden of proof is that it is the minimum standard you must satisfy to legally establish a fact in court.

The minimum standard varies depending on the type of case. For example, in a criminal case the standard is guilt beyond a reasonable doubt. In a civil case, such as a personal injury case, the standard is the preponderance of evidence. Injured victims must prove the different elements of their case by the preponderance of the evidence.

Another way to think about the term preponderance of the evidence is that what you are claiming is more likely than not. If a jury believes a plaintiff’s claims are at least 51 percent true, the victim has met the preponderance of the evidence standard.

Why is the Burden of Proof on the Victim?

The burden of proof is on the victim in a personal injury claim because he or she is the one seeking compensation for damages. The defendant, which is often an insurance company in a personal injury case, is not obligated to prove their version of events is true. They can simply attack the evidence and argue it is not true.

It can be helpful to imagine if the roles in your case were reversed. What if another party is claiming you caused them to be injured even though you did not? Proving something did not happen is difficult. Therefore, the plaintiff has the burden of proving that you caused them to be injured.

The way this is set up helps to protect people from potentially being taken advantage of. Although many people are injured due to the negligence of others, there are people who attempt to commit fraud and take advantage of people who did not do anything wrong.

Satisfying the Burden of Proof in a Personal Injury Case

In a personal injury case, you must prove negligence occurred. Negligence is a legal concept that has four elements.

Duty of Care

You must establish that the at-fault party owed you an obligation to take reasonable steps to prevent you from getting injured. For example, drivers have an obligation to follow the rules of the road and not engage in reckless behaviors. A specific example of this is not driving while drunk.

Breach of a Duty of Care

When someone does not uphold a duty of care, it is said they breached the duty of care. Their actions or, in some cases their inaction, caused a duty of care to be breached.

If a driver could have avoided a collision by hitting his or her brakes and he or she failed to do so, it could be said that his or her inaction caused a duty of care to be breached.

Causation

This element could be considered the crux of a personal injury case. You need to draw a direct link between the breached duty of care and your injuries. You need to show that you would not have been injured had it not been for the negligence of the party you are seeking compensation from.  For example, if you were in a crash but were already scheduled to have neck surgery, it would be difficult to argue the crash caused the need for the surgery.

Existence of Damages

Even if there was a breach of the duty of care, there is no case unless you can prove you suffered damages. If you do not have medical expenses or lost wages, there is no case. The defendant may have acted negligently, but the purpose of a personal injury claim is to recover compensation for damages suffered due to the negligence of another party. If there are no damages, there is no compensation to recover. If a drunk driver hits you, but you are not injured, you do not get a claim for injuries because “I could have been hurt.”

Challenges of Building a Strong Case

There are various pieces of evidence you will need to prove your case and have a chance to successfully recover compensation. For example, you need evidence of your damages, including:

• Medical records showing your diagnosis and relevant test results
• Evidence of the wages you lost while you were unable to work
• Documentation of the damage to your vehicle and the cost to repair the damage

You must also provide evidence of the breached duty of care and evidence connecting the breach to the injuries you suffered. This can be the most challenging part of a personal injury claim. This is often done with evidence like pictures from the scene, pictures of your injuries, documentation of the opinion of your treating doctor, eyewitness testimony if it is available, and potentially more, like:

• Testimony from expert witnesses, such as medical experts and accident reconstruction experts
• Video footage of the crash
• Statements from the victim and others in his or her life about the injuries

As building a case is a complex process. There are so many details to think about that it is best to leave the case in the hands of an experienced lawyer who has been through the process many times before.

Injured victims who attempt to go through the process on their own do not consider all the things that can come up during a case. At TSR, we are prepared because we have been representing the injured in Minnesota for decades.

Contact TSR Injury Law Today to Learn More About Our Services

The burden of proof in an injury claim falls on the victim. The good news is you do not need to build a case on your own. You have the right to hire an attorney to help you.

Your choice of an attorney is an important decision. You need a lawyer who has proven results and has the resources and legal knowledge to guide you through each stage of the process.

There are no upfront fees for our services. The initial consultation is free of charge.

TSR Injury Law is here to help injured victims. Call (612) TSR-TIME.

Many injury victims entrust all their treatment to medical doctors. However, some victims may complement that treatment with holistic/alternative medicine. They may be seeking relief from pain, such as pain in the back, neck or joints. Alternative medicine may also be sought to help with fatigue or to regain strength.

While these treatments might provide relief, the insurance company may try and deny compensation.

Below, we discuss alternative treatment for personal injuries. If you have made use of these treatments, you should discuss them with an experienced attorney to see if you may be able to obtain compensation for them. If you can prove you benefitted from the treatment, there may be a chance you can recover compensation for your damages.

At TSR Injury Law, an initial consultation with a Minneapolis personal injury attorney is free of charge. We have obtained more than $1 billion on behalf of our clients in a wide variety of cases. We are committed to securing full compensation for your medical treatment, lost wages and other damages.

What are the Common Types of Alternative/Holistic Medical Treatment?

Alternative medicine includes a wide variety of treatments. For example, some injured victims may visit a chiropractor to help them with back pain or neck pain.

Chiropractors may do a spinal adjustment to provide pain relief from a back injury. Spinal manipulation may also be done to help improve range of motion. These treatments may help with various injuries, including whiplash.

Other examples of chiropractic treatments include trigger point therapy, myofascial release and massage.

Some other forms of alternative/holistic medicine may include:

While more research is needed, so far, studies have shown that acupuncture provides some benefits to patients. Acupuncture may help to relieve pain in your neck and back and pain you experience after surgery.

This treatment involves the insertion of needles into certain places to stimulate the nervous system. It is thought that inserting these needles helps stimulate the body’s ability to heal.

Treatments like massage therapy, yoga and Thai chi may help to improve mobility. These treatments may also help with pain management. Some victims may turn to meditation or hypnosis to deal with psychological trauma caused by the accident itself. These treatments in combination with counseling from a licensed mental health professional may help.

Herbal supplements are not regulated by the FDA and there is not a lot of research about their effectiveness. However, there are various claims about supplements like turmeric, which some claim has helped to reduce their inflammation.

Proving You Benefitted From Alternative Medicine

It may be challenging to prove you benefitted from alternative or holistic medicine. Doctors and insurance companies are likely to attribute decreased pain or improvements in other symptoms to traditional treatment.

However, some doctors may acknowledge the benefit of some alternative treatment. If you are getting alternative treatment and think it helped you, make sure to inform your treating doctors. They may note it in your medical records, which may help strengthen your claim for compensation.

If a doctor recommends stretching to help with limited mobility, you may have a tough time doing stretches. However, if you receive massage therapy that allows you to do stretches, doctors may recognize the benefit of massage therapy.

Sometimes doctors might recommend alternative treatment to supplement traditional medicine. Proof of a doctor’s recommendation for things like acupuncture or massage therapy could help strengthen your claim for compensation. Insurance companies may have a much harder time arguing against doctors.

It is important to note you likely have a better chance of recovering compensation for alternative medicine if you are also getting traditional treatment. If you are only using holistic medicine, the insurance company may be more likely to argue you are failing to mitigate your damages.

Schedule Your Free Consultation Today to Discuss Your Claim

If you have any questions about your claim or the advantages of experienced legal representation, call us today. We have been representing those injured by the negligence of others for decades.

There are no upfront fees for our services. We do not get paid our fees unless you receive compensation. There is also no charge for an initial legal consultation with an attorney.

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

The physical and cognitive toll of a personal injury could limit you in the workplace. In some cases, an injured victim cannot work during his or her recovery. Injury victims may not be able to get back to the jobs they held before the accident. He or she may need to change careers or stop working altogether.

Below, we discuss some of the many ways a personal injury could impair your ability to do your job. If your injuries affect your ability to do your job, our attorneys may be able to help. We may be able to help you recover compensation for lost damages and loss of earning capacity.

TSR Injury Law’s experienced Bloomington personal injury attorneys help injured victims obtain compensation for damages, which often include lost wages. We also know how to determine a victim’s lost earning capacity if he or she cannot continue working in the same capacity as before the accident.

Injured by Negligence? Call TSR today: (612) TSR-TIME.

Injuries That Could Cause Limitations at Work

There are so many injuries that could affect your ability to work, even if it is only for a short period of time. For example, a severe or complex fracture could limit you at work for several weeks or longer. You will probably need to keep the area immobilized, which could make it challenging or impossible to work for a certain time. Your doctor may tell you not to work for a certain period and place a limit of the number of hours you can work.

It is important to note some people may be able to work more than others, depending on the type of job they have. If you work in an office in front of a computer and you have a broken leg, you may still be able to work a significant amount. However, if you work in construction or in a job that requires you to do a lot of heavy lifting, you may not be able to work at all until your injuries heal.

Other types of injuries that could affect your ability to work include:

Physical Limitations That Could Result From an Injury

Some injuries prevent you from performing some or all the tasks involved in your job. For example, you may not be able to operate machinery at a construction site or in a factory. Some tasks require two hands, and one hand may be immobilized as part of your recovery.

There are some jobs that require a lot of physical activity. For example, plumbers, electricians and air conditioning maintenance workers may be limited or unable to do their jobs while recovering from an injury.

If a victim works as a bartender or server, he or she may be unable to stay on his or her feet as much as the job requires. Lifting trays with drinks or food may be difficult, too. Your doctor may place a limit on how many pounds you may lift during your recovery. Sometimes employers can find ways to accommodate an injury. This may allow an injured victim to continue working. For example, if your vision is affected by an injury and you work at a computer, there may be some accommodations.

It is not a good idea to struggle through a job if you are in pain or your injuries are limiting you. When one body part is injured and you try to keep doing the same things you did before the injury occurred, you may end up compensating. That means you may put unusual strain on other body parts. This can result in further injury and make your recovery take longer.

That is why it is important to follow the doctor’s orders about working. You do not want to lengthen your recovery, and if you aggravate your injuries, the insurance company may try to deny compensation. They may claim you are making your injuries worse to try to inflate the value of your claim.

Mental/Cognitive Limitations That May Result from a Personal Injury

A traumatic brain injury could make it much more difficult to do your job, particularly if your job involves things like:

Sometimes brain injuries cause headaches that make it hard to concentrate for extended periods. Even if you can go back to work and your doctor allows it, you may only be effective at your job for a few hours. You may need to limit your hours during your recovery.

Sometimes accommodations can be made for a brain injury, such as working from home if you do a lot of work on a computer. The lights at the office and all the activity could be disturbing after a brain injury – some people suffer sensitivity to light and sound after a concussion or other type of brain injury.

There can be psychological limitations associated with personal injuries, too. You may struggle to get a good night’s sleep, which can increase irritability and anxiety. Some people experience depression that makes it harder to work. Depression and other mental health issues could make it much harder to concentrate at work.

What if You Suffer Lost Earning Capacity?

The insurance company may try to downplay the long-term effects of your injuries. That is why you need experienced legal assistance.

At TSR, we are committed to securing all compensation for your damages, including the cost of ongoing damages like lost earning capacity. The value of lost earning capacity is based on many factors that our attorneys know how to evaluate, such as your education, age, job skills, history of promotions and the expected earnings in the field in which you were working before your injury.

Contact TSR Injury Law Today to Discuss Your Claim

For more than two decades, TSR Injury Law has been assisting injured victims in the pursuit of compensation. We have secured over $1 billion on behalf of our clients.

We represent the injured on contingency. There are no upfront fees and we do not collect our fees unless you receive compensation through a settlement or courtroom verdict.

Free consultation. Give us a call today: (612) TSR-TIME.

One of the last things an injury victim wants to hear an attorney say is that there is no case. Injury victims need compensation for medical expenses and other damages. If an attorney tells them they do not have a case, they may think they cannot pursue the compensation they need.

However, sometimes attorneys are wrong in their assessment of the merits of a claim. That is why it is vital for injury victims to know what their options may be if an attorney says there is no case.

If you were injured in an accident or you have met with an attorney who decided not to take your case, TSR Injury Law may be able to help. Give us a call today to learn more. We have been helping injury victims for decades and have obtained millions on behalf of our clients.

Why Do Attorneys Decide Not to Take Cases?

There are many reasons why an attorney may decide not to take a case. Regardless of the reason, it is important to know you may still have a valid case even if an attorney decides not to represent you.

Lack of Experience

Sometimes an attorney refuses to take a case because he or she does not have much experience with similar cases. For example, an attorney may not want to take a case if he or she rarely handles personal injury cases.

Typically, attorneys do not want to take cases unless they feel confident that they can win them. If they do not have much experience with a case like yours, they are less likely to feel confident they can win the case.

However, if an attorney refuses to take your case for this reason, he or she may refer you to another attorney who is more qualified to handle cases like yours.

It is important to seek out a Bloomington personal injury attorney if you have a personal injury case. This is true no matter how successful an attorney may be with other types of cases. An attorney will not be able to provide the same level of representation for a personal injury case if he or she has never worked on an injury case before. For example, bankruptcy or divorce cases are quite different from personal injury cases.

The Case is Not Winnable

An attorney is unlikely to take a case if he or she thinks it is unwinnable. Attorneys invest a lot of time and resources into a case, and that will all be wasted if he or she loses.

TSR, like most personal injury firms, takes cases on contingency, which means no upfront fees for the client. Instead, the firm takes care of those costs. If they win the case, a portion of the compensation is used to pay for the attorney fees and other costs.

There are various reasons why an attorney may think your case is not winnable. For example, he or she may not think another party is at fault for your injuries. Sometimes a firm may simply not have the resources or finances to pursue your case. In other situations, a case may be too small for a firm to agree to take on. Even though you suffered damages, they may be minimal. If you also bear a significant amount of fault for the accident, it limits the amount of compensation you can recover.

The Statute of Limitations Has Passed

If the statute of limitations for your case has passed, you will not be able to file a lawsuit. If you attempt to file a lawsuit after that deadline has passed, the opposing party will file a motion to have your case dismissed.

Sometimes an attorney may decide not to take a case because the statute of limitations is too close. Many attorneys may not take a case that is only weeks or months away from that deadline, because there is not enough time to investigate and gather evidence.

What Should You Do if an Attorney Rejects Your Case?

Even if one attorney rejects your case, another may want to take it on. That is why many injury victims talk to multiple attorneys about their cases.

Sometimes one attorney’s assessment of a case is vastly different from another attorney’s assessment of a case. This could be because one attorney has different experience than another. While one attorney may reject your case, another may want to take it on because he or she has worked on cases like yours before and had success.

Occasionally, attorneys may be able to request an extension of the statute of limitations on a case. If one attorney says the statute of limitations is too close, another may still be able to help you.

One attorney may say your injuries are not that serious, but that may be because he or she has not worked on a case involving the types of injuries you have suffered. Another attorney may recognize how significant your injuries are and the damages that may result.

Contact TSR Injury Law for Legal Assistance

Are you searching for an attorney after getting injured in an accident?

Our attorneys have vast experience with personal injury cases and have secured millions in compensation to help our clients move forward after an injury.

Schedule your free consultation today to learn more. We do not charge upfront fees for our services.

Contact us today for legal help. (612) TSR-TIME

Ice and snow are not the only slip and fall risks in Minnesota. Cracked or uneven sidewalks are a trip and fall risk throughout the year.

Despite what some may think, trip and fall accidents can cause serious injuries.  Arm fractures, ankle and leg injuries and head trauma can occur when a person falls and strikes the concrete

Unfortunately, establishing liability for a trip and fall on a cracked or uneven sidewalk is a challenge. Could a property owner be held liable? Could the city or municipality face liability?

These types of claims can be complicated, which is why victims should discuss potential options with an experienced, knowledgeable attorney. TSR Injury Law has been representing the injured in Minnesota for decades, and we have successfully recovered millions on behalf of our clients.

Need legal help? Call TSR today: (612) TSR-TIME.

How Do Cracks Form in Sidewalks?

Some contractors say there are two types of concrete slabs, ones that already have cracks and ones that will have cracks in the future.

No matter how careful workers may be when installing concrete, it is probably going to have cracks at some point because of the weather. Heat causes concrete to expand while the cold causes it to contract. This constant expansion and contracting results in tiny cracks. If rain or other moisture seeps into these cracks, it could freeze, making smaller cracks larger

Moisture can get in between concrete slabs. In the winter, they freeze and causes upheavals of some slabs creating uneven slabs next to each other. This is a major tripping hazed.

Another major reason sidewalks develop cracks or uneven areas is tree roots. Over time, roots grow away from the trunk of the tree and under the sidewalk. Eventually, concrete cracks develop around the root.

If the soil under the concrete slab is not properly impacted there can be pockets of air. Over time these pockets of air collapse and the sidewalk sinks down because of it.

How Do You Know if You Have a Case?

There is no one-size-fits-all answer to this question. It all depends on the circumstances of the accident, including how it happened and the severity of the damaged sidewalk. That is why it is vital to find an experienced Bloomington-based slip and fall attorney to discuss your situation in detail. An attorney from our firm is available to discuss possible legal options and explain how we may be able to assist you.

Property owners have a duty to maintain their property, including sidewalks, but they must have actual or constructive notice of the sidewalk hazard. Private property and business owners have clear rules of maintenance and liability for injuries on their sidewalks. Government entities often have immunity from lawsuits, even if they knew or should have known there was a hazard.

One of the central issues that needs to be considered is whether the city or property owner knew or should have known the sidewalk was unsafe and failed to take reasonable action to fix the problem within a reasonable amount of time.

If you tripped over a section of sidewalk with a tree root that caused cracks in the concrete, it would be easy to argue that the property owner should have been aware. It takes time for a tree root to damage a sidewalk so it would be reasonable to expect others to notice. They would also have plenty of time to remedy the issue to make it safer for pedestrians.

Even if you can show the property owner knew about the danger, they may argue that you could have avoided that section of the sidewalk. They may also say it was clear to a reasonable person how dangerous that section of sidewalk was. Generally, property owners have no duty to protect an invitee from harm if the risk is open and obvious to the invitee. An invitee is someone who enters a property after being invited, such as a customer in a retail store or restaurant.

That said, if the property owner can anticipate injury to passersby, he or she may still need to take action to remedy the danger. Sometimes action could refer to putting up a sign that warns people about the risk. There is always a battle between what a property owner knew and could have done to fix a hazard versus what a pedestrian could have done to avoid the danger and see the danger if they were paying attention.

Injured in a Slip and Fall? Contact Us to Discuss a Claim

Your slip and fall injuries could affect you for a long time, potentially for the rest of your life. Another party may be at fault for what happened, which means they would be responsible for your damages.

Call TSR Injury Law today to schedule a free consultation. An experienced attorney can review your situation and determine if you may have legal options. If you have a case, there are no upfront fees to hire our firm and no fees while we pursue compensation.

Have questions? We are ready for your call: (612) TSR-TIME.