Personal Injury

There is a common misconception that if you hire a lawyer after suffering a personal injury you will need to go to court to recover compensation. Typically, cases are resolved without needing to go to court, as the victim’s attorney can reach a settlement with the liable insurance company.

That said, there are times when cases make it to court. These are typically cases that have significant value (where insurance companies are trying to deny or underpay the claim) or when there is a true fight over fault, such as cases involving drivers who ran a light.

The thought of going to court often creates a lot of anxiety for injury clients. That is why attorneys like to explain the process to injury clients, so they know what to expect. Telling people what they need to know helps give them some peace of mind.

Below, our Minneapolis personal injury attorneys discuss the steps involved in a personal injury court case. If you were injured by another’s negligence, TSR Injury Law is ready to help you seek compensation. While some law firms are always looking to settle, we are always prepared to take cases to court if it becomes necessary. Our goal is to secure full compensation, so you can move forward with your life.

Why Do Some Injury Cases End Up in Court?

The only reason cases make it to court is because both sides cannot reach a settlement agreement. The insurance company may be unwilling to increase its offer or may have chosen to deny liability on the claim.

There are various reasons why insurance companies may be unwilling to offer more compensation. Insurance companies may think:

If negotiations break down, our attorneys may recommend filing a lawsuit. However, there are many factors that need to be considered before going ahead with a lawsuit. Our attorneys make sure to keep our clients informed throughout the process and explain what the next steps may be.

What are the Steps Involved in a Court Case?

The first step in a lawsuit is filing a complaint. Once the complaint is filed, the other party has a chance to respond.

Discovery

After the defendant responds to the complaint, the case enters the discovery phase. This may be the longest stage of any court case. Both parties collect evidence to help support their case, and they may share information they have collected. This allows both sides to get a better idea about the strengths and weaknesses of their case and the case the other side is putting together.

Some of the steps that may be taken during discovery include:

Mediation

A jury trial is the last resort for resolving a legal claim. That is why there are multiple settlement steps before a trial ever takes place. This includes mediation, which occurs when both parties in the case meet with a mediator. The mediator tries to help both sides come to an agreement on a settlement that would close the case.

Sometimes mediation is successful. The insurance company may get cold feet and not want to risk going to a trial. The longer a case goes on, the more expensive it becomes, and a jury may award much more compensation than the insurance company would need to pay in a settlement.

Our attorneys are experienced negotiators who are committed to securing fair compensation for your damages. We have worked with mediators before and been able to secure favorable settlements for our clients.

Trial

If both sides cannot reach an agreement through mediation, the case will move to a trial. There are several steps in a trial:

It is important to note there is nothing preventing either side from proposing a settlement at any point of the trial. If both sides can reach an agreement, the trial stops and the case is resolved.

The insurance company may be more likely to reach out and offer compensation if they think the evidence is overwhelmingly against them.

Our attorneys are here to answer your questions about a trial and explain what to expect from each step in the process.

Jury Decision

After the jury deliberates, they will announce their decision. If your case was successful, the jury will decide to award compensation for damages. It is important to note the jury’s verdict must be unanimous.

When a case makes it to court, the resolution may not come for multiple years from the date of the accident. While there is a possibility the jury will award more compensation than you might get in a settlement, there is also a possibility the jury will award less or none at all.

However, our attorneys are not going to recommend going to court unless we think there is a good chance of success.

Contact TSR Injury Law to Discuss Your Claim

We understand this is a difficult time for you and your family and we are here to help. An initial consultation is free of charge and comes with no obligation to hire our firm.

We are prepared to guide you through the legal process. That means we can negotiate with the insurance company on your behalf, investigate the accident, gather evidence and prepare to go to court.

Free consultation. No upfront fees. Call us at: (612) TSR-TIME.

There are various reasons why insurance companies may be unwilling to offer more compensation. Insurance companies may think:

You do not have a strong case
Your credibility is in question
A jury is unlikely to award more compensation than the insurance company is offering
They can win in court, even though the victim has a strong case
The attorney you hired does not try cases in court and will fold
If negotiations break down, our attorneys may recommend filing a lawsuit. However, there are many factors that need to be considered before going ahead with a lawsuit. Our attorneys make sure to keep our clients informed throughout the process and explain what the next steps may be.”
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There are many reasons injury victims may benefit from hiring an attorney to help them seek compensation for their damages. For example, attorneys have legal and ethical obligations that are meant to protect injury victims and help ensure your case is handled in a competent manner.

Below, our experienced attorneys discuss some of these obligations and how they benefit clients. If you were injured in an accident and are considering seeking legal representation, you should review these obligations.

At TSR Injury Law, we are deeply committed to pursuing the justice and compensation injury victims need and managing cases with the utmost professionalism. If you have legal questions or concerns after suffering an injury, our Bloomington personal injury attorneys are ready to help.

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

Providing Competent Representation

Your choice of an attorney is one of the most important decisions to make following an injury caused by another’s negligence. You need an attorney who is capable and can manage your case and defend your best interests.

However, the attorney needs to consider if he or she is capable of competently managing your case. That means the lawyer needs foundational knowledge of how to establish liability and build a strong case. Lawyers can still consult with others at their firm on a case, but they should still be able to manage the case.

Competence is not only about legal knowledge but also resources. Your attorney should have the resources to investigate the accident and gather evidence.

If a lawyer does not have the competence for the case, he or she may have an obligation to seek help from another attorney who is more qualified. If you meet with an attorney who has not managed a case like yours before or mainly works on cases in a different practice area, he or she may be obligated to inform you of that, so you may choose to work with another attorney.

At TSR Injury Law, we take on personal injury cases and have done so for more than 20 years. We have secured well over $1 billion on behalf of our clients.

Acting Ethically

Your lawyer needs to manage your case in an ethical manner. For example, conflicts of interest should be disclosed, and lawyers should not take cases where these conflicts exist. Acting ethically also means being honest and forthcoming with clients about their cases, as well as following the laws pertaining to personal injury cases.  You should be told both good and bad news by your attorney.

Acting in the Best Interests of the Client

Lawyers have an obligation to act in your best interest. For example, if a lawyer thinks you should accept a settlement offer because it provides the compensation you need, the lawyer should tell you that. On the other hand, if a settlement offer is too low, your lawyer should tell you that also. You do not want a lawyer giving settlement advice because they need to pay rent.

If the insurance company does not offer a fair settlement after negotiations, your lawyer may discuss taking the case to court. However, your lawyer must explain if he or she thinks going to court would be a good or bad idea. Your lawyer needs to explain what the result of going to court may be or what it is likely to be.

Your lawyer should not urge you to go to court or accept a settlement offer if he or she thinks it is a bad idea. Your lawyer should also not file a lawsuit unless you have agreed to do so, and you agree with your lawyer’s assessment of the case.

Your lawyer’s advice to you should be based on your needs and not the needs of his or her firm.

TSR, like most personal injury law firms, takes cases on contingency. That means we do not charge upfront fees. We are not paid unless our clients get paid. Our interests are aligned with your interests and there is no financial risk in hiring us to represent you.

Honest and Consistent Communication About the Case

Your attorney has an obligation to keep you informed about your case. He or she needs to provide accurate and honest communication about what is happening with your case and answer your questions in a reasonable amount of time. Your lawyer is legally obligated to inform you about settlement offers the insurance company makes.

Honest, consistent communication helps to build trust between the attorney and the client. The client is likely to feel more comfortable reaching out to his or her attorney if the attorney responds quickly. The client will likely have a more positive view of his or her experience if there was good communication in addition to a favorable result in the case.

If there are things you can do to help your lawyer, your lawyer should inform you. There are various questions your lawyer may have about your case and if the answers to those questions would help your lawyer do a better job managing your case, your lawyer should ask you those questions.

Protecting Attorney-Client Privilege

Attorneys are legally required to keep conversations about your case confidential. This is part of attorney-client privilege. This applies to conversations and communications about the case that fit certain criteria.

Attorney-client privilege helps to encourage open and honest communication between attorneys and clients. This can benefit your case because your attorney will be well-informed about your situation, and this helps when preparing a strategy.

TSR Injury Law is Ready to Help. Call Today

For decades, our firm has been helping injury victims obtain compensation for damages. We have obtained millions on behalf of our clients in various cases.

We work on contingency, which means there are no upfront fees for our services and the initial consultation is free. We do not get paid unless you get paid.

TSR is here to help injured victims. Contact us: (612) TSR-TIME.

Some injury victims pass away before their personal injury lawsuit is resolved. For example, a nursing home abuse victim may pass away before a lawsuit concludes. Their cause of death may be related to the injury that is the subject of the lawsuit or an unrelated reason.

Even though the plaintiff in the lawsuit passed away, the lawsuit will continue until there is a resolution, right?

This is an important question, and it emphasizes the need for having a knowledgeable attorney handling your case. An experienced lawyer understands what may be possible in this type of scenario.

At TSR Injury Law, our Bloomington-based personal injury lawyers have been helping injury victims seek compensation for more than two decades. We are always prepared for a trial and have helped many injury victims secure compensation in court.

An initial consultation is free and there is no obligation to hire our firm.

What Does Minnesota Law Say?

In Minnesota, if the victim dies from injuries caused by the negligent act, the victim’s case becomes a wrongful death lawsuit. Minnesota Statute 573.02 says that a lawsuit may be pursued by the Trustee of the decedent if it was not finally determined while the decedent was alive. However, the lawsuit will be for the exclusive benefit of the surviving spouse, parents and children of the deceased. Minnesota statutes make it clear there is a claim for economic loss and loss of aid society and companionship the heirs lost from the death of their relative.

Anyone can be chosen as a Wrongful Death Trustee, but a Judge must accept the Petition and all heirs to the deceased must be given notice and have the opportunity to be heard. Usually, a parent or spouse of the deceased is chosen by the family to represent them, but the Trustee can be anyone the family trusts to proceed with the legal case.

What if the Death was Caused by Something Unrelated to the Injury?

Minnesota Statute 573.02 Subd. 2. Injury action says the trustee appointed for the deceased can maintain legal action for special damages (economic damages) that arise out of the injury if the decedent would have had grounds for a lawsuit if he or she had survived. The surviving spouse or one of the children can petition the court to appoint someone as trustee to file a lawsuit.

However, it is important to note the claim cannot include non-economic damages, like pain and suffering for the deceased or loss of aid society and companionship for the heirs. That means victims cannot pursue full compensation for all the damages they suffered.

As this is a complex situation, it should be discussed with an experienced attorney.

Wrongful Death Lawsuits

The purpose of this type of lawsuit is to recover compensation for the economic and non-economic damages caused by the victim’s passing. This may include:

There is a short deadline for a wrongful death lawsuit to be filed and only certain people have the right to pursue such a case. If your loved one died due to another’s negligence, we may be able to help you seek compensation.

Contact Us Today to Discuss Potential Legal Options

If you or a loved one were injured by another’s negligence, we are prepared to help. Give us a call to discuss what happened and learn how we may be able to assist you.

Our firm has secured $350 million in compensation on behalf of Minnesota injury victims in a variety of cases. We charge no upfront fees, and we do not get paid unless you get paid at the end of the legal process.

Millions Recovered. No Upfront Fees. Call (612) TSR-TIME.

Many personal injury victims fear calling a lawyer because they think they will have to go to court to recover compensation for their damages. While there are cases that make it to court, most are resolved through a settlement and a trial is not necessary.

There are many advantages to settling a case as opposed to going to court. The experienced attorneys from TSR Injury Law discuss those advantages below.

If you have questions about what to do after suffering a personal injury caused by another’s negligence, we are here to help. We have negotiated countless settlements on behalf of our clients.

We understand injury victims are often uncertain about calling a lawyer, but you can speak with one of our licensed attorneys for free and with no obligation to hire our firm. If we validate your claim and you decide to work with us, there are no upfront fees and no costs while we work to help you resolve your claim.

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

What is a Personal Injury Settlement?

A settlement is essentially a legally binding contract between the two parties involved in an injury claim. The liable party agrees to provide compensation to the injury victim in exchange for the injury victim agreeing to not bring future claims over the same injury.

Settlements are usually reached after negotiation between the two parties, often the attorney for the victim and the liable insurance company. The negotiation process starts with the victim’s attorney sending a demand letter to the insurance company. In response, the insurance company can make a counteroffer and there may be multiple counteroffers between both parties before an agreement is reached.

While most settlement agreements are reached before a lawsuit is filed, there are times when the insurance company does not make reasonable efforts to settle the dispute. When this happens, you need an attorney on your side who is willing to file a lawsuit to pursue the compensation you need.  That is why it is important to find a Bloomington personal injury attorney with courtroom experience who is prepared to take the case to court.

It is important to note that you may still be able to reach a settlement agreement with the insurance company, even if you have filed a lawsuit.

Advantages of Agreeing to a Settlement

These are some of the benefits of settling an injury claim as opposed to taking it to court:

Control of the Process

One of the biggest advantages of settling an injury claim is you and your attorney are in control of negotiations. If you do not like an offer from the insurance company, you can reject it and make a counteroffer. You can go back and forth with the insurance company until you reach an agreement.

Trials can be unpredictable. What if the judge excludes evidence? What if a witness’s testimony sounds unreliable?

Settling is Faster

Another advantage to settling is it takes less time to reach a settlement than to finish a trial.

A trial adds six months to a year or more to reach a conclusion. Even if you get a favorable result, the insurance company might appeal. That can drag the process out even longer.

When you settle, there is no possibility of an appeal. Signing a settlement offer resolves the situation and a check is received within weeks.

Lower Costs

Settling a case also costs less than a trial. When you go to court, there are various court costs and expenses that add thousands of dollars to the case. The goal is to get more compensation, so the added costs are a reward risk situation. No one wants to spend $10,000.00 more in costs to “win” another $10,000.00.

Going to court is costly for the insurance company as well, which is why it is often in the best interest of the insurance company to agree to a settlement. However, insurance companies may stick to a lowball offer if the victim’s attorney rarely or never takes cases to court. The insurance company knows there is little to no risk of the outcome of the case being put in the hands of a jury if the victim’s attorney never goes to trial. The greatest threat is eliminated, and the insurance company acts accordingly.

That is why it is important to have an attorney with trial experience on your side. Our attorneys have decades of experience negotiating settlement claims as well as building strong cases to present in court.

Less Stress for Victims

Trials are much more stressful for injury victims than the settlement process. During the settlement process, victims are mostly free to focus on their medical treatment. Their attorney can keep them informed throughout the process and deal with all the things involved in negotiating and trying to reach a settlement. Trials require giving testimony in front of a jury, insurance lawyers cross examinations, adverse doctor exams and the unknown of what 12 jurors will think about the case.

Ensuring You Recover Compensation

While it may be possible to recover more compensation from a trial compared to a settlement, settling ensures you receive compensation. When you go to trial, you are leaving the case in the hands of a jury. They may award you more than you would have recovered in a settlement, but there is a chance you may not recover anything.

Privacy

Settlements are also private. Both parties can decide what should remain public and private, such as the terms of the settlement. Trials become part of public record. In other words, everything the two sides said to make the other look bad will be available for anyone to look up.

Contact TSR Injury Law for Legal Assistance

For more than two decades, our licensed attorneys have been helping injury victims recover the compensation they need. While many cases settle, we are always prepared to go to court, as our goal is recovering full compensation to help you move forward.

There are no upfront fees for our services, and an initial consultation does not obligate you to hire our firm. This meeting is a chance for us to lay out your potential legal options to help you decide what to do next.

Licensed attorneys. No upfront fees. Call TSR at (612) TSR-TIME.

If you file a claim for compensation for personal injury damages, you must provide proof that you suffered an injury that resulted in damages. That means you are going to need medical records from one or more of your doctors that diagnose your injuries and their severity.

While you will likely need to disclose some of your records, you only need to release the records relevant to your claim. You have the right to keep everything else private.

The problem is insurance companies are working against your interests. They are on the hunt for any information they can use to question the validity or value of your claim. That is why they often ask victims to authorize the release of all their medical records, even ones that are not relevant to the claim.

It is important to work with a licensed attorney when releasing medical records so you can protect your claim and your privacy. Below, TSR Injury Law’s experienced Minneapolis personal injury lawyers discuss the release of medical records in an injury claim.

If you have questions about your injury claim, give us a call today to schedule a free consultation. (612) TSR-TIME.

What to Do When Insurers Request Medical Records

Although you need to provide relevant medical records to validate your claim, you should talk to an attorney first. For example, if you meet with the insurance company and they provide you with a form authorizing the release of your medical records, you should review it with an attorney. You want to make sure you are protecting your privacy and only providing the relevant information.

Some standard authorizations allow the insurance company to speak with your doctor, request mental records, seek birth records, speak with your employer, review your tax returns and many other intrusive private unrelated requests.

Legal documents are often confusing and difficult to read if you do not deal with them on a regular basis. At TSR Injury Law, we have been helping injury victims for decades and are well-prepared for obtaining medical records and taking other necessary steps to build a strong case. We can manage the legal paperwork and filings while you deal with your injuries.

Authorizing the Release of Your Records

You will be required to provide some medical history via records. For example, if you claim your neck was injured in a crash, the insurance company has a right to know if you were treated for neck pain before the crash.

Any lawyer representing you for an injury will have you sign their medical authorization so they can retrieve related records. The requests are covered under attorney-client privilege, so they may not always be shared with the insurance company. It also allows your representation to learn about potential pitfalls in your medical history.

In some cases, you or your lawyer can obtain records from an online portal used by the medical provider. In some cases, the request may need to be mailed or faxed to the provider.

It is always best to obtain the records yourself or have your attorney do so on your behalf. It is never a good idea to authorize an insurance company to obtain records because they will try to obtain records for the last several years to find evidence of a preexisting condition.

Signing Your Rights Away

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) protects the privacy of your medical records. Generally, HIPAA restricts access to your medical records to you and anyone you authorize. Those who are not authorized cannot gain access to your records, with rare exceptions.

HIPAA allows you to request records for yourself, your child (unless you are not the custodial parent or legal guardian), anyone who has appointed you their personal legal representative, or a deceased person if you were appointed to represent their estate.

That is why it is so important not to sign your rights away. HIPAA is a federal law that severely restricts access to your records. You have control over them and should not give that up without a good reason.

Even after your attorney submits a demand letter, the insurance company may request more records. Sometimes this is a legitimate request. For example, maybe they want imaging test results for tests done to diagnose your injuries.

Your lawyer can ask the insurance company to explain why these records are necessary and explain your options. Unlike the insurance company, the attorneys at TSR are focused on your best interests throughout the process.

In some cases, a request for certain medical records can be fought in court, if your case makes it to that point.

Doctors Have Discretion

It is important to note doctors have discretion to hold onto some records under HIPAA, such as:

What if the Insurance Company Requests an Independent Medical Exam?

Even if you provide detailed medical records documenting your injuries and treatment, the insurance company may dispute the severity or even the existence of your injuries. This often happens with permanent or long-term injuries, as insurance companies do not want to pay the full value of these claims.

Often, disagreements about the severity of an injury are resolved through the negotiating process. Unfortunately, that is not always the case, and the insurance company may request an adverse medical exam (AME).

The insurance company will say they want to do this to determine the extent and severity of your injuries. However, their true goal is to get an opinion from a doctor that lines up with their interests. The doctors who conduct these exams often reach conclusions that favor the insurance company.

You should not agree to an AME without discussing it with a lawyer. You may not be required to undergo an AME, despite what the insurance company says. If the exam is not required, you should discuss it with a lawyer to determine what you should do.

If the exam is required, an attorney can explain how to prepare for it to protect your rights. Your lawyer can give tips on answering questions without oversharing and providing detailed descriptions of your injuries and symptoms. Even if the AME doctor reaches different conclusions than your treating doctors, it is important that documentation of the exam shows you describing your injuries in a way that is consistent with your claim.

Call TSR Injury Law Today to Discuss Your Claim

Are you unsure how to respond to the insurance company’s questions?

Do you need assistance with your claim?

At TSR Injury Law, we have been securing compensation for injury victims for decades. We have obtained $1 billion on behalf of our clients.

We charge no upfront fees so there is no risk in talking with us to find out how we may be able to assist you.

Call today to schedule a free consultation. Call (612) TSR-TIME.

There are many steps involved in pursuing compensation for an injury caused by another’s negligence. One of the final steps is often signing a settlement release with the at-fault party’s insurance company (or the victim’s own carrier for uninsured or underinsured settlements.)

Why is signing a settlement release one of the final steps?

To put it simply, once you sign a settlement release you are releasing the insurance company (and their insured bad driver) from future liability related to the crash in question. That means you are unable to file more claims or lawsuits, with rare exceptions.

Below, we discuss why it is very unlikely victims can file more claims after signing a settlement release. If you were injured in a car crash, or another type of accident, give us a call today to schedule a free legal consultation. We have been securing compensation for injury victims for decades and have obtained millions on behalf of our clients.

Why Signing a Settlement Usually Closes a Case

Insurance companies would not settle a case unless it provided some benefit to them. Even though a settlement requires them to pay money to the victim, settlements have clauses that release insurance companies from all past current and future liability. That means the victim waives his or her right to file any more claims or lawsuits regarding the accident.

The settlement agreement typically has a clause saying you accept compensation as resolution of all your claims. Once the settlement agreement is signed by the parties involved, the settlement becomes a legally binding contract.

What if You Later Discover You Need More Money?

There are times when victims realize they need more money for the damages caused by their injuries. Maybe they have run out of compensation but still need to attend doctor’s appointments or need more income to make up for a loss of earning capacity.

Unfortunately, there is usually no way to pursue more compensation for your damages. The settlement offer you signed is legally binding. It does not matter how severe your injuries are or how desperate your financial situation may be.

That is why it is so important to make sure the settlement offer provides all the compensation you will need before you sign it. It is crucial to work with an experienced Bloomington personal injury lawyer who has done this before and has a record of success. You want to be sure the settlement you are signing covers the full cost of all your past and future damages.

When Could You File Another Claim After Settling a Case?

If there were multiple at-fault parties, you may be able to file claims against any parties you have not already settled with. The release from liability in a settlement agreement only applies to that insurance company, not others.  A Pierrenger Release with the majority at fault insurance carrier would allow the victim to pursue other tortfeasors in the same crash.

For example, if you were injured because of another’s negligence and the negligence of a product manufacturer, you may be able to settle the claim against the individual’s insurance company and continue to pursue the product manufacturer.

What if There Are No Other Parties to File Claims Against?

You might be able to reopen a claim if you can prove you were coerced into signing a settlement, your mental capacity was limited or that the insurance company committed fraud. While insurance companies often make misleading statements or try to delay the legal process, proving an insurance company committed fraud is almost impossible.

This is something you should discuss with an experienced attorney. Our experienced attorneys have extensive knowledge of Minnesota’s Good Faith Law and what it requires insurance companies to do while handling a claim.

Steps to Take Before Settling a Case

Signing a settlement offer before discussing it with a licensed attorney is a bad idea. How can you be sure the settlement provides the compensation you need for medical bills and other damages? How do you know the different releases available to keep other claims viable or to preserve the next level of coverage such as underinsured claims with a Schmidt notice?

Talking to an attorney should give you peace of mind that someone committed to your best interests is evaluating your claim. You want to make sure a settlement will provide the compensation you need for medical treatment and other damages, so you do not need to pay for things out of your own pocket.

Contact TSR Injury Law to Discuss Your Claim

You do not need to go through the legal process alone. A licensed attorney from TSR Injury Law may be able to help you, and hiring an attorney often results in recovering more compensation than if you go through the legal process alone.

There are no upfront fees or legal obligations with our services. That means there is no financial risk in contacting our firm to learn more about how we may be able to assist you. We are dedicated to securing maximum compensation to help you and your family during this difficult time.

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

This is one of the most common questions injury victims have when they meet with an attorney to discuss their claims. Injury victims often feel a lot of anxiety about the idea of having to go to court or testify in front of a jury.

What many injury victims do not know is that most cases are settled outside of the courtroom. If a case settles, then there is no need for a trial. Some cases do make it to court, but it is rare.

Below, learn more about why most personal injury cases are settled and never end up in court. We also discuss situations where a case may go to trial.

If you have legal questions after suffering a personal injury, the Minneapolis personal injury lawyers at TSR Injury Law are here to answer them. An initial consultation with a licensed attorney is free and there are no legal obligations.

Reasons Why Cases Are Usually Settled

It is usually in the best interest of both parties to settle the case rather than going to trial. While the trial itself may only last a few days, there are numerous hurdles to clear before a trial can begin. That means trying to resolve a case with a jury trial is going to take much longer than settling the case.

Insurance companies routinely deny and try to underpay claims. However, if you are represented by a lawyer, you may have a much better chance of recovering the compensation you deserve. Settlement negotiations may take weeks or months, but attorneys are usually able to get the insurance company to make a reasonable offer. If your lawyer can get a fair offer from the insurance company, there is no reason to go to trial.

You Are Not Asking for a Large Amount of Compensation

The value of a case could also impact the chances of going to trial. For example, say you suffered a permanent injury with significant medical expenses and non-economic damages. The insurance company may make lowball offers hoping you will accept one. Settlement negotiations could drag on without an offer you or your attorney are willing to accept. This is a situation where you should seriously consider going to trial.

On the other hand, if it is clear to the insurer that your claim is valid, but you are not seeking an unusually large amount of damages, the insurance company is likely to settle. This is a much cheaper option for them than going to court.

You Have More Control Over Settlement Negotiations

One of the benefits of settlement negotiations is that you and your attorney are free to reject any offers. If you go to court, you must accept what the jury awards you. The downside of a jury verdict is that it carries no guarantee of winning. This means you could be awarded more than the insurance company offered, less, or nothing at all.

Settling Is Usually Less Costly for Insurers

Insurance companies often prefer to settle because they could end up paying out a lot more compensation if the case goes to court. They also have no control over what a jury may decide to do.

How Long Could It Take to Reach a Settlement?

Each case is unique, but typically it takes 6-12 months to reach maximum medical improvement and be in a position to settle. You never want to settle and then discover more injuries. Some cases require immediate surgeries, and those situations can settle faster because the injury is known, fixed and understood by the parties.

Once a demand is sent, it may take about three to six months to negotiate a favorable settlement for a personal injury The insurance company needs to review the records, bills, expert reports, police investigations and all the other materials that go into a demand.

Reasons Cases Might Go to Trial

Your case might go to trial if the insurance company does not make a settlement offer you are willing to accept. In some cases, they may deny the claim up front and offer no compensation. Filing a lawsuit may be the only way to get the insurance company to agree to negotiate a settlement.

It is important to note that filing a lawsuit does not always mean the insurance company will allow the case to go to trial. They may realize they do not have a good chance of a favorable outcome in a trial. Taking this step could get them to decide to make a better offer to the victim.

Insurers Are Confident in Their Case

Insurance companies usually have a lot of confidence in their case if they allow it to go to trial. They may feel confident that their evidence is strong enough to invalidate your claim when presented to a jury.

The Case Involves Significant Damages

The higher the value of a case, the more likely it is to go to trial. Insurance companies do not want to pay out compensation, particularly if it could be a large amount. Even if you have a strong case, the insurance company will look for some way to underpay your claim. They may stick to a lowball offer, even after your attorney files a lawsuit.

Insurers Are Playing Hardball

There are times when the insurance company does not have a strong case but decides to go to trial anyway. There is really no hard and fast way to know how an insurance company may respond. That is why it is vital to have an experienced attorney handling your claim. One factor insurance companies evaluate is who is your lawyer or law firm. Does the Firm have a reputation of folding or will they try a case?  If they think your lawyer will fold because of past actions, they will never pay the full amount owed.

How Long Could a Trial Take?

It could take a year or longer to reach the point where your attorney makes a closing argument and the jury deliberates on your case. There are many steps that precede a jury trial, not to mention the time your attorney may spend negotiating before a lawsuit is filed.

Why You Need an Attorney Who Is Prepared to Go to Court

Insurance companies are always looking for reasons to deny or underpay claims. If you have no attorney representing you, particularly one with courtroom experience, a lowball settlement offer is more likely. If an insurance company believes there is little chance a case could go to court, there is less incentive for them to make a better offer.

Your goal when seeking compensation is to recover all the compensation you need to help you and your family move forward. If your lawyer is not prepared to go to court, that goal could be much more difficult to accomplish.

At TSR, we are often able to settle claims without the need to go to court. However, we are always prepared if the insurance company denies or undervalues a claim.

Need Legal Help After a Personal Injury? Call TSR

For more than 25 years, TSR Injury Law has been securing compensation for personal injury victims. We are prepared to manage the legal process on behalf of our clients, at no upfront cost. We do not get paid for representing you unless you receive compensation.

Give us a call today. We are ready to help you seek the compensation you need and hold liable parties accountable for your damages.

TSR Injury Law. Experienced Attorneys. Proven Results. (612) TSR-TIME

Sometimes there is just one party at fault for a slip and fall – often it is a property owner or someone who works for the owner and manages the property. However, sometimes liability is shared between two or more parties, and one of those parties might even be the victim.

It is important to note insurance companies often claim victims are partially or entirely at fault, even when this is clearly not the case. However, there could be times when victims walked into a dangerous situation that probably should have been avoided. If there were warnings that were easy to see and understand, often termed “open and obvious”, and the victim ignored them, he or she may have been negligent.

Below, we discuss partial fault for a slip and fall accident and why victims should not make assumptions about their role in an accident. You may have acted reasonably and not bear any fault, and you should discuss things with a licensed attorney.

At TSR Injury Law, our goal is to secure maximum compensation for damages. In a free consultation, we can carefully review what happened and discuss possible legal options. The consultation also comes with no obligation to hire our firm so there is no risk to you.

Minnesota Law on Partial Fault

Under state law, victims can still seek compensation for damages if they are partially at fault. That said, victims cannot be more at fault than the other party, otherwise they cannot pursue compensation. In other words, if you are more than 50 percent at fault, you cannot pursue compensation no matter how hurt you are.

If you are 50 percent or less at fault, your compensation award will be reduced in accordance with your percentage of fault. In other words, if you are found 10 percent at fault, any compensation award you receive will be reduced by 10 percent.

It is important for victims to know this because they may assume they cannot recover any compensation because they are somewhat at fault. Victims often exaggerate their amount of fault or allow themselves to be swayed by things the insurance company tells them.

It is important to review the situation with a lawyer to determine possible legal options. If you think you are partially at fault, do not tell the insurance company. Discuss it with an experienced Minneapolis slip and fall lawyer.

Partial Fault for a Slip and Fall

It is important to note fault for a slip and fall must be assessed on a case-by-case basis. There are just too many factors that need to be considered. Even if two slip and falls happened in the same type of store, they may have a different cause. That is why it is so important for victims to seek experienced legal help.

One of the main questions to answer when assessing fault for a slip and fall injury is whether it was unreasonable for the victim to do what he or she did. If the victim acted as a reasonable person and the property owner did not take appropriate steps to mitigate the hazard, it may be difficult to assign partial fault to the victim.

Going into a section of a property that is restricted or roped off is a bad idea and may be considered unreasonable. Property owners will claim they cannot be expected to fix hazards in areas of the property visitors are not supposed to go.

A victim may be partially blamed for a slip and fall is if there were warning signs about the dangerous condition. For example, if there was a wet floor sign in front of a wet or slippery part of the floor, and you walked into that area, you might bear some amount of fault. The property owner may be able to avoid liability because there was a sign.

Could the Victim Argue That He or She Did Not See the Sign?

It is possible. However, if you did not see the sign because you were distracted and it was clearly visible to others, this may not be a viable argument. If you were intoxicated at the time of the accident and the property owner has pictures or video of you that indicates this, it may be tough to argue you did not see the sign. You may not have, but you probably would have if not for being intoxicated.

If the sign was obscured by something, like a plant or other people, the property owner may have trouble claiming visitors had a clear warning about the danger.

What if You Had Inappropriate Footwear?

This may sound like a weak argument trotted out by the insurance company to escape liability. That said, if a female victim was wearing heels in a snow-covered parking lot and fell, the insurance company will blame the choice of shoes.

An insurance company may argue you were wearing flip-flops in the produce section, so you should be found at least partially negligent. However, it depends on the hazard that caused your injury. Was the hazard so dangerous that wearing different shoes would not have mattered? If that is true, this may be a flimsy argument by the liable party.

Injured in a Slip and Fall? TSR is Here to Help

Slip and fall cases can be complex. Proving liability can be challenging, particularly because property owners and their insurers are looking to avoid accountability.

That is why victims can greatly benefit from experienced legal representation. At TSR Injury Law, we have been helping victims for more than 20 years and have obtained $1 billion in compensation.

No upfront fees. Call (612) TSR-TIME.

When attorneys try to determine if someone is liable for an injury, they assess whether the party acted reasonably or unreasonably in the situation that resulted in an injury. If this person failed to act as a reasonable person would have in the same situation, he or she may be liable for damages suffered by the victim.

But how do you know what a reasonable person would have done in the same situation? How do you know if this person’s actions were unreasonable?

These are complex questions, and this is one of the reasons why injury victims should strongly consider seeking help from someone with legal experience. Proving negligence can be difficult and requires a thorough investigation and knowledge of personal injury law.

At TSR Injury Law, we have been helping injury victims in Minnesota for decades and have recovered $1 billion in compensation on their behalf. Call today to discuss your claim with a licensed Minneapolis personal injury attorney.

Free initial consultation and no upfront fees. Call (612) TSR-TIME.

Defining a Reasonable Person and Reasonable Actions

These issues must be assessed on a case-by-case basis because every situation is different. No two car crashes are the same and a car crash case is much different from a case involving a slip and fall, dog bite, daycare abuse, nursing home abuse or medical malpractice.

That said, there are some criteria that may apply across a variety of cases. For instance, it is reasonable to expect people to obey the law. If an injury resulted from someone else breaking the law, you can probably consider his or her actions to be unreasonable. Drivers should obey traffic laws, such as laws about speeding, staying in your lane and respecting the right of way of other drivers.

While slip and fall cases can be complex, one factor that be considered is whether the property owner could have addressed a slip and fall hazard before the injury occurred. It would probably be reasonable to expect the property owner to remove a hazard or rope it off if he or she was told about it, the hazard was in a heavily trafficked area, or someone else was recently injured in the area.

Different standards may be applied when a child is injured in a premises liability case. Children do not have the same ability as adults to recognize dangerous situations. That means property owners have a greater responsibility to protect child trespassers from injury than they would in protecting adult trespassers from injury.

Failing to Act Can Be Unreasonable

Sometimes people are found at fault because of a failure to act, and this failure to act is considered unreasonable under the circumstances. In the example above, the property owner failed to act to remove a hazard. If it would have been reasonable to expect the property owner to do something, he or she may bear liability for the victim’s damages.

In a nursing home, residents often suffer injuries because of the failure of staff members to act. For example, staff members may fail to clear clutter and other obstacles from hallways. These obstacles may cause residents to fall and suffer serious injuries. Another example is when staff members do not monitor residents to avoid constant pressure on body parts. Bed sores arise and the injury is caused.

Was the Risk of Harm Foreseeable?

Another factor to consider is whether the risk of harm from the at-fault party’s action or inaction was foreseeable. If the at-fault party should have known the risk of harm was foreseeable, he or she may have been acting unreasonably.

When assessing whether harm was foreseeable, the person’s knowledge, awareness and mental capacity to behave like a reasonable person must also be considered.

Learn More About the Benefits of an Attorney. Call TSR Today

Injury victims often struggle to secure full compensation for their injuries without help from a licensed attorney. In fact, insurance companies would prefer victims handle things on their own because insurance companies know how to mislead and deceive injury victims.

You do not need to go through the legal process alone. TSR Injury Law’s experienced attorneys are here to help and there are no upfront fees for our services. We have successfully recovered millions on behalf of our clients and are ready to help you.

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

Injury victims may be reluctant to file claims because they think they will have to go to court to recover compensation. However, most claims are resolved out of court without a lawsuit ever being filed.

Unfortunately, many people do not know the differences between cases that are resolved out of court and those that are resolved via a jury verdict. There are significant differences between these two results, and our experienced attorneys discuss them below.

If you were injured through no fault of your own, and you have questions about seeking compensation for your damages, call us today at (612) TSR-TIME.

What is a Settlement?

In a personal injury case, a settlement is an agreement between both parties to resolve the claim made by the victim. The at-fault party, often the insurance company representing the at-fault party, agrees to pay the victim for the damages he or she claimed. In exchange, the victim agrees not to file any claims against the at-fault party in the future.

Settlements are typically agreed to before the case reaches court. However, sometimes a lawsuit is filed and both sides are in the process of preparing for trial when a settlement is agreed to.

Settlements are reached after negotiations between both parties, often the insurance company and the attorney for the victim. Both sides could go back and forth many times before they reach an agreement. Sometimes settlements are reached quickly, other times it may take months of negotiating.

It is also important to note your Minneapolis-based personal injury attorney typically will not start negotiating until you have fully recovered or reached the point of maximum medical improvement.

However, settlements are reached much faster than jury verdicts. You also do not need to go to court or testify, which can be a significant source of stress for injury victims.

Another advantage of settling is you are not leaving the case up to a jury, which may decide not to award any compensation. On the other hand, a jury may award much more than you might get in a settlement.

It is important to note that you should never settle for less than the value of your claim. You should discuss settlement offers with your lawyer to determine if they are fair. Once you settle, you are likely unable to continue pursuing compensation for the same injury.

How Going to Court Differs from Settling

There are numerous steps involved in a personal injury lawsuit. After your lawyer files a lawsuit, you will need to wait for a trial date to be set and have a judge assigned to the case.

The next step is often discovery, where both sides gather information from each other to determine the strengths and weaknesses of the victim’s case. There may be depositions where witnesses and others are interviewed under oath about various aspects of the case. The judge in the case may also require both sides to go through some form of alternative dispute resolution to see if the case can be resolved before a trial begins.

There are many steps that happen before a trial even begins. It can take a significant amount of time to make it to trial.

Filing a lawsuit is often the push needed to make insurance companies make a better offer. Sometimes all it takes is having a lawyer with a history of going to court and recovering compensation to get the insurance company to make a better offer. That is why your choice of an attorney is so important.

Contact TSR Injury Law for Legal Help Today

There are no upfront fees or obligations for our services. Our licensed attorneys are not paid for representing you unless we receive compensation.

What this means for you is there is no risk in contacting us to discuss what happened and learn how we may be able to assist you. An initial consultation is free of charge.

For more than two decades, we have been securing favorable compensation for personal injury victims.

Call us today to learn more: (612) TSR-TIME.

While there is no way to prevent all the injuries that may occur at summer camp, some may have been the result of another’s negligence and may have been avoidable. The trouble is that liability for these situations is complex.

If your child was injured at summer camp and you think it was because of negligent supervision, failure to follow safety protocols, or some other form of negligence, you should seriously consider discussing the situation with an experienced attorney.

TSR Injury Law’s licensed Minneapolis personal injury attorneys offer a free legal consultation to discuss your situation. Our firm has obtained millions on behalf of injury victims in a wide variety of cases. Give us a call today to learn more about how we may be able to assist you. Our goal is to hold at-fault parties accountable and obtain compensation for the damages you suffered.

How Children Often Get Injured at Summer Camp

The idea of children at a camp paints a picture of mayhem. A lot of kids in many directions. That is why there are rules and adult supervision. Kids have to be protected from themselves. While minor injuries may be expected, serious injuries are not acceptable. Serious injuries are usually caused when supervision is lax or rules are not enforced. For example, children could be injured in slip and fall accidents around swimming pools, they can get burned at a campfire, they can be assaulted in a cabin when they are not accounted for. Preventable serious injuries must be addressed to help the injured child, but to also prevent other injuries for the next child.

There are many other reasons children suffer injuries at summer camp:

Inherently Dangerous Sports or Outdoor Activities

One of the benefits of summer camp for children is exercise. They often participate in a variety of sports at summer camp, some of which may be dangerous, such as swimming, or soccer or basketball, as there is a potential for collisions with other children. Contact sports like lacrosse and football put children at risk for head injuries, broken bones and joint injuries.

There are also inherently dangerous activities like horseback riding, kayaking and hiking that put children at risk for injury. There needs to be proper adult supervision during these activities. Children should also be warned about danger and instructed on how to keep themselves safe.

Lack of Safety/Protective Equipment

This is particularly true when playing sports. If children are going to be riding horses or bicycles, they need to wear helmets.

If children are going to be outside, they need sunscreen and water so they can avoid getting dehydrated. Children are not expected to have the same good judgment as adults, which is why it is up to the adults at the summer camp to be sure children have what they need to stay safe.

While some injuries may happen, injuries should receive proper treatment to keep them stabilized and prevent infection.

Not only do summer camps need to provide safety equipment, but they also need to enforce the use of this equipment. Summer camps cannot escape liability by saying they provided the equipment, but children chose not to wear it.

Poor Supervision

One of the most common injuries that may result from negligent supervision is drowning. It can take just a second or two for a child to go underwater. The more dangerous the activity, the better the supervision needs to be.

Adults can also break up fights between children, as these fights could result in serious injuries.

Negligence in Hiring Staff Members

Unfortunately, summer camps do not always conduct the appropriate background checks on their employees. Sometimes children are being supervised by people who have been convicted of crimes or been arrested. Children could be at risk for physical abuse. There are even situations where children suffer sexual abuse at the hands of staff members.

Failing to do a proper background check on potential employees is negligent, but sometimes summer camps find out about things that should disqualify potential hires and hire them anyway.

What You Need to Know About Liability Waivers

When you signed your child up for summer camp, you may have signed a liability waiver releasing the camp from liability for injuries suffered by your child. These documents say your signature waives your right to take legal action over your child’s injuries because you assumed there was a risk.

There is a question as to whether these documents would hold up if they were challenged in court. For example, if you could provide evidence of negligence or recklessness on the part of counselors and other authority figures at the camp, the liability waiver may be invalid. Evidence of intentional misconduct may also invalidate a liability waiver.

The important thing is to discuss the situation with an attorney. Summer camps have a responsibility to take reasonable care to keep your children safe. They should not be able to escape that responsibility by including a liability waiver when you sign your child up to attend the camp.

One of the questions we may need to answer about the liability waiver is whether the risk of injury was thoroughly explained in the document. Sometimes these waivers are vague, which makes it harder to enforce them.

Contact a Licensed Attorney for Legal Assistance

Our experienced lawyers understand how stressful the aftermath of a personal injury can be, particularly when the victim is your child. You need experienced legal assistance to determine what to do next and to help protect your child’s best interests.

Our firm has secured over $1 billion in compensation on behalf of personal injury victims throughout the state. Our dedicated attorneys are prepared to manage the legal process on your behalf, including investigating, building a case, negotiating for compensation and going to court if necessary.

TSR Injury Law. A firm you can trust. Call (612) TSR-TIME.

Personal injury crashes can be scary experiences that leave victims emotionally scarred. In some cases, victims develop post-traumatic stress disorder, which can seriously interfere with their life.

Some people who suffer from PTSD have flashbacks in which they relive the crash. Others suffer from nightmares or mood swings. Certain things they hear or see can trigger a flood of emotions. For example, car crash victims who see the same type of car that crashed into theirs may have panic attacks. They may avoid the stretch of road where their crash happened.

If you or a loved one are suffering from PTSD after an accident caused by another’s negligence, give TSR Injury Law a call to discuss possible legal options. Our experienced Bloomington personal injury attorneys may be able to help you seek compensation for the cost of counseling and other medical interventions.

An initial consultation to discuss legal options is free and comes with no obligation to hire our services.

How Is PTSD Diagnosed?

People may develop symptoms of PTSD after an event that involves an actual or possible threat of death, serious injury or violence. While many people with PTSD directly experienced the event, people who witnessed an event happening to others may also develop PTSD.

First responders may develop PTSD because they are repeatedly exposed to traumatic events. You could even develop PTSD from learning someone close to you was involved in a traumatic event.

The first thing doctors will do if you are experiencing symptoms of PTSD is perform a physical exam. It is possible there is an underlying medical problem causing PTSD symptoms. If there is no underlying physical cause, doctors may recommend a psychological evaluation, in which you discuss your symptoms and the traumatic event they may be related to.

Doctors use criteria from the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) to determine if someone is suffering from PTSD.

Without a diagnosis from a licensed medical professional, there is basically no chance of recovering compensation for it. Even if doctors diagnose you and say your symptoms are related to the accident, the insurance company may try to claim otherwise. PTSD cannot be seen like a broken bone.  Proving it is harder than a normal injury.  It is even more difficult if there is a significant gap in time between the crash and when you sought treatment or were diagnosed.

Make sure to seek medical treatment as soon as possible and inform your doctor if you begin experiencing PTSD symptoms. You want to take practical steps of healing and at the same time creating a strong link between the crash and your psychological issues.

You should discuss things with a licensed attorney, as he or she should be able to advise you on how to document your symptoms and how they affect you every day. This can be an essential part of building a strong case for the full value of your damages.

For example, your attorney may recommend keeping a daily or weekly journal documenting how PTSD symptoms are affecting your life. He or she can explain how to make sure these notes are protected by attorney-client privilege.

Common Symptoms of PTSD

There are various symptoms that may indicate PTSD caused by an injury accident. One of the symptoms people often think of is flashbacks. A flashback occurs when the victim relives the traumatic event in his or her mind or through nightmares.

Flashbacks could be triggered by things that remind the victim of the accident, such as similar situations, visual or auditory cues, or hearing someone else describe a situation like theirs. When a flashback is happening, the victim may feel like the trauma is happening all over again.

Other symptoms of PTSD may include:

Trouble Controlling Emotions

Victims may go into a panic when they are reminded of the trauma. They may be increasingly irritable or aggressive. They get upset easily or are easily startled. This emotional instability may lead to victims being extremely alert or hypervigilant for things that might trigger their anxiety.

Being Antisocial

Victims may feel the best way to avoid emotional pain, flashbacks or other symptoms is to simply stay away from other people and isolate themselves. While this may seem extreme, it may seem acceptable to those with PTSD because it is so difficult to deal with PTSD symptoms. Staying away from other people may offer them some amount of peace.

Avoidance

Antisocial behavior could be categorized under avoidance. This refers to avoiding emotions because they are too painful. For example, victims may begin feeling emotionally or physically numb. Victims may feel like they are unable to express affection. They may self-medicate with alcohol or other drugs.

Victims often feel like they must stay busy to avoid the possibility of triggering their PTSD. They may even be self-destructive or reckless to avoid their PTSD.

Make sure to inform your doctors about the symptoms you are experiencing so they can properly treat you and also document them. This can go a long way toward healing your mind, validating your claim and clarifying the value of your damages.

Treatment for PTSD

PTSD is primarily treated through psychotherapy, with the goal of teaching victims healthy ways to manage symptoms and changing their perceptions of themselves and their world. Your doctor may also seek to treat problems associated with your PTSD, such as depression, anxiety, or alcohol or drug abuse. Sometimes doctors may want to use medication to treat these things, in addition to counseling sessions with a licensed therapist.

There are different types of psychotherapy, including cognitive therapy and exposure therapy. The purpose of cognitive therapy is to help you recognize negative thoughts or patterns of thinking that make PTSD worse.

Exposure therapy involves victims facing situations and memories that scare them. The goal is to help victims learn to cope with these things. Exposure therapy is often used on victims who are dealing with flashbacks and nightmares.

Treatment may last months or longer, which means it can be quite expensive. However, you may be able to claim copays, medication and other treatment costs in your bodily injury claim. It is important to carefully document all the expenses related to your treatment so you can claim them.

The experienced attorneys at TSR Injury Law have helped many victims calculate the cost of ongoing treatment and other ongoing expenses. We are prepared to consult medical experts to evaluate your situation.

Schedule a Free Consultation With TSR Injury Law Today

Our firm is here to answer your legal questions and guide you through the legal process, pursuing maximum compensation for damages. You should strongly consider giving our firm a call to schedule a free legal consultation to learn more about how we may be able to help you.

For more than 20 years, we have been helping injury victims in Minnesota and have obtained millions on behalf of our clients. There are no upfront fees and no fees while we work on your case.

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