Personal Injury

Surgeries can be very expensive, particularly if you need to stay at the hospital while you recover. However, it is not always true that getting surgery will increase the value of your settlement.

Although a surgery after a crash usually does make the “value” of a claim greater, injury victims should not get unnecessary surgery simply to increase the value of their claims. In fact, unnecessary surgery may not be covered by your claim. There is no amount of money that will make an unnecessary surgery worth it in a settlement.

If you have questions about the value of your claim, give TSR Injury Law a call today to see how we may be able to assist you. An initial consultation is free and there are no fees while we work on your case.

Our attorneys have secured hundreds of millions in compensation on behalf of our clients in a wide variety of cases.

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

Surgery and Your Injury Claim

Surgery often drives up the value of a personal injury claim. If you have ever had surgery and been billed for it or looked at the amount of money your insurance company paid for a surgery you underwent, it is easy to see why.  Insurance companies owe the cost of medical bills as part of the injury settlement.  In addition, surgeries are not fun, and neither is the recovery. Pain and suffering claims are greater because of a person’s surgery as part of a claim.

The total cost of a surgery has many components. The surgeon is not the only one who gets paid. There will be an anesthesiologist or other specialists involved in the procedure. They may not have been performing the actual surgery but assisting the surgeon to secure the best outcome. A simple example is the doctor observing your vital signs or reactions to medications you were given.

Doctors often need to use expensive equipment and supplies during the surgery. Hospitals often spend what seem to be unreasonable amounts of money on items that would cost much less if you bought them in a store.

These factors and others help drive up the cost of surgery, in addition to hospital stays that may come before or after the procedure itself.

However, there are many other factors that may impact the value of your claim. For example, some people respond better to treatment than others. Some people may recover very quickly while others may need significantly more time.

While you may have the same type of injury as someone else, it is unlikely that it is exactly the same. There are likely to be minor differences that could significantly impact your recovery and treatment options.

Is Surgery Necessary?

You should not get surgery simply because you think it will allow your lawyer to recover more compensation.

No matter how skilled a surgeon may be, every surgery carries risks. You could get an infection and need more surgery to deal with it. The surgeon could cause damage to the area surrounding the surgical site. You could have a bad reaction to the anesthesia. There is also even a risk of death.

If the insurance company believes the surgery was unnecessary, they may deny compensation for it. They are not going to take you at your word the surgery was necessary. They will want to see medical records showing the doctor thought it was a good idea.

Doctors often give patients a choice between surgery and other treatments. Your doctor may lay out both options and explain the pros and cons and leave it to you to decide.

You should carefully review things with your doctor and discuss the risks of surgery with your family. Your decision should be based on what you think is best for your health, not what it may do for the value of your claim. If you decline surgery but need other less invasive treatment, those bills are also included in your claim.

Your goal should be to recover compensation for the treatment you need to make the best recovery possible. That is why it is important to find an experienced attorney with a proven track record of success. You need to be able to trust your lawyer is looking out for your best interests and is pursuing maximum compensation.

Injuries That May Need Surgery

There are various injuries that may result in surgery, such as:

Sometimes surgery is done right after the accident to try to save the victim’s life. Clearly, those types are always related to the originating cause, such as a car crash.  Other times surgery may be needed later after conservative measures have failed.  As a general rule, the longer after the crash or injury causing event, the harder it is to prove it is related to the event.

Contact TSR Today to See How We Can Assist You

After an injury, it is important to get solid legal advice about your options, the value of your claim and other issues that often arise. You cannot count on the insurance company to take care of you, which is why you should give serious thought to calling a licensed Bloomington personal injury lawyer.

The attorneys at TSR Injury Law have been helping injury victims since 1998 and have obtained over $1 billion in compensation for our clients.

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

Are you unsure if you may have a case? Do you have questions about what damages you may be able to include in a personal injury claim?

These are just a couple of the questions injury victims often have when they speak with a lawyer to discuss their claim. While you could also ask the insurance company these questions, it is important to remember the insurance company only cares about its bottom line. Insurance companies often give low values on claims, much lower than their true value, because they are trying to pad their profit margins.

The licensed Bloomington personal injury lawyers at TSR Injury Law are here to answer questions you may have after being injured in an accident that was not your fault. Our focus is securing compensation for all your damages to help you move forward in life.

What Is the Next Step?

That depends. Have you already filed a claim or are you unsure if you may have a case? Have you already been to the doctor? Are insurance companies calling you?

We need to look at where you are in the process to determine what the best course of action may be. Our firm is prepared to manage each step of the process on your behalf, which could include:

How Long Could This Process Take?

While each situation is unique, the answer often depends on the severity of the victim’s injuries. Typically, settlement negotiations do not begin until the victim’s injuries have reached maximum medical improvement. The more severe your injuries, the longer that may take.

However, the insurance company may still try to get you to take a lowball offer. If that happens, you have the option to file a lawsuit to pursue full compensation for your damages. Even if the case never makes it to trial, preparing for a trial could take a significant amount of time.

The important thing to remember is our firm is focused on your best interests. We want to recover full compensation for your damages and do so as quickly and efficiently as possible. It is often the insurance company that delays the process.

Will I Need to File a Lawsuit?

Generally, accident victims recover compensation through an insurance settlement. This is true for most injury cases. Even if a lawsuit is filed, the case may never end up in court because the insurance company will make a favorable settlement offer.

However, there may be times when going to trial may be in your best interest. It is important to hire an experienced attorney who regularly takes cases to court because he or she will be ready to do so for you.

Even though your case may never see the inside of a courtroom, you do not want to have a lawyer who always settles and never files a lawsuit. Insurance companies know the lawyers who do not take cases to court and they offer those lawyers much less for their client’s.

At TSR Injury Law, we try more personal injury cases in the State of Minnesota than any other law firm with fantastic results.  The insurance companies know us, our results and what we are capable of.

Should I Accept the Insurance Company’s Offer?

The answer to this question is often “no”, as the insurance company’s offer is usually well below the full value of the claim. However, it is important to discuss settlement offers with an experienced attorney, as he or she can explain if the offer may be fair. You may feel pressure to make a quick decision, but you have time to talk things over with your lawyer.

Is the Insurance Company Going to Make More Offers?

This answer to this question is often “yes”. Despite how they may have presented things on the phone or in person. Insurance companies often make lowball offers initially, but they may offer more compensation later.

Talking to a lawyer is often an important first step in pursuing more compensation. Discuss any lowball offers with your lawyer so he or she can get an idea of the gap between what the insurance company is offering and what your claim may be worth.

Is It Ever Too Late to Get Help from a Lawyer?

It might not be. A consultation with one of the licensed attorneys at our firm is free of charge. In this meeting, an attorney can determine if he or she may be able to assist you. Sometimes a lawyer can help an accident victim secure a settlement even if the victim did not call until after the claim was denied.

How Do I Pay My Medical Bills?

There are various options for paying your medical bills while our attorneys pursue compensation for your damages. For example, until you reach a settlement, you may be able to manage your medical costs by:

We understand this is a difficult time for you and mounting medical bills can create much anxiety. We are committed to trying to secure a settlement as quickly as possible. We may also be able to help you negotiate with your medical providers.

Schedule a Free Consultation to Discuss Your Situation

Our firm has helped countless injury victims secure compensation for their damages – over a billion recovered over more than two decades. If you think you may have a case, or are unsure, give us a call to see if we can assist you.

Our firm operates on contingency, which means there are no upfront fees. The initial consultation is free and there are no fees while we work on your case. Our firm only gets paid at the end of the legal process if you get paid first.

Our award-winning attorneys are ready to assist you in pursuing favorable compensation.

TSR Injury Law. Licensed. Local. Lawyers. (612) TSR-TIME.

Winter is almost here, and for some of us that means getting out the snowmobile for some fun in the snow. Unfortunately, when we have fun in our free time, we are often not as focused on safety as we should be. That can lead to risky behavior and some dangerous oversights, such as not wearing a helmet.

You may think the snow could act as a cushion and keep you from getting hurt. However, the snow will not prevent serious or even life-threatening injuries. Snow is not the only thing to be concerned about either. You could fall off the snowmobile and land on a dangerous object covered in snow, get launched into a tree or strike some other obstacle that is hidden by snow.

If a crash happens because of another’s negligence, you may be eligible to file a claim. However, what happens if you get injured and you were not wearing a helmet?

Below, learn more about snowmobile accident claims involving victims who were not wearing helmets. If you were injured in this type of accident, our snowmobile accident lawyers in Bloomington are prepared to help. Schedule a free consultation where you can get answers to your questions.

State Laws That May Apply

In Minnesota, only those under the age of 18 are required to wear a helmet while riding a snowmobile. However, you cannot simply put on any helmet. The helmet must be approved by the Department of Transportation (DOT). DOT-approved helmets conform to federal vehicle safety standards and generally display the DOT symbol.

The only exception to the requirement to wear a helmet is if the rider is:

• Taking part in a parade
• Operating the vehicle on land that belongs to your parent, grandparent, sibling, uncle or aunt

There may be some confusion as to who is required to wear a helmet. This may be because wearing a helmet is encouraged for everyone by Minnesota’s Department of Natural Resources, not just those who are under the age of 18.

Due to this strong safety recommendation, you may ask: If I was not required to wear a helmet, how could it affect a claim for compensation?

Generally, if you are injured by another person on a snowmobile, a claim is made to their homeowner’s insurance.  The insurance company is likely to be looking for ways to deny or at least devalue your claim. By not wearing a helmet, you may put yourself at greater risk for injury and the insurance company will try to use that as justification for lowering the value of your claim.

They may refer to Minnesota’s comparative fault law, which says you can only recover compensation if you are less than 50 percent at fault for your injuries. If you are not more than 50 percent to blame, your final compensation award will be reduced by your percentage of fault. If you are more than 50 percent at fault, you will be barred from receiving compensation for your damages, no matter how injured you are.

However, courts generally prohibit insurance companies from reducing the value of a claim because a victim was more susceptible to injury. In other words, you must take the victim as you find him or her. If you were injured due to another’s negligence, you should be eligible for compensation. Your own negligence may have played a role in your injury, and that can be factored into the value of your claim.

If you think the insurance company is attempting to use the fact you were not wearing a helmet against you, TSR Injury Law may be able to help. We are aggressive negotiators who pursue maximum compensation on behalf of our clients.

Why You Should Always Wear a Helmet on a Snowmobile

Blunt trauma to the head is one of the most common causes of death when riding a snowmobile. That is why protecting your head is so important. It is important to note a helmet may not eliminate all the risks of riding a snowmobile, but without it your risk of a serious head injury increases dramatically.

The main benefit of a helmet is an extra layer of protection around your head. However, there are other features of snowmobile helmets that can help you stay safe. For example, snowmobile helmets have a dual-pane shield to prevent your goggles from fogging up or freezing while you are riding. Some helmets also have insulation to help keep you warm. If you get too cold or cannot see clearly, you are at higher risk of crashing into something.

Call for Experienced Legal Help

At TSR Injury Law, we have helped many personal injury victims in Minnesota recover compensation for their damages – over a billion recovered.

Remember, there is no upfront fee for working with our firm. We are not paid until the end of the legal process and only if we recover compensation on your behalf.

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

Protecting one’s privacy is a growing concern in our society. It is important to be cautious about any information you reveal because you never know how it may be used against you later. Fortunately, injury victims who hire an attorney are protected by attorney-client privilege.

You may have heard that term before, but do you know what it means in practice? How does attorney-client privilege protect you and your claim?

Below, the experienced attorneys at TSR Injury Law discuss how attorney-client privilege benefits you as you pursue compensation after a personal injury. If you have any questions about your claim, you can contact our firm to schedule a free initial consultation. The things you discuss in a free consultation are kept confidential, which means there is no risk to you.

Defining Attorney-Client Privilege

When you seek legal advice from a Bloomington personal injury attorney, your discussion is protected by attorney-client privilege and cannot be shared with someone else without your written consent. There are some exceptions to this, but this is generally what attorney-client privilege means in practice.

Conversations and other communications (emails, phone calls, letters, etc.) with your attorney are protected if they satisfy four criteria:

• There is an attorney-client relationship between you and your lawyer
• Your lawyer was acting in his or her professional capacity when communicating with you
• The purpose of you talking to your lawyer was to obtain legal advice
• You had an expectation this conversation would be kept confidential

Benefits of Attorney-Client Privilege

This provides obvious benefits to injury victims. You can discuss any aspect of your claim with your attorney and it will be kept confidential. This frees people up to be open and upfront about the many details involved in an injury claim.

For example, you can discuss a preexisting injury and find out how it may impact your claim. It is understandable to be concerned about a preexisting medical issue (this is the kind of thing insurance companies try to use against injury victims), but this will be kept between you and your attorney.

By letting your attorney know, he or she will be prepared to deal with this issue when it arises, and it likely will. If you wait or try to hide this issue, it will be more difficult for your attorney to deal with it and preserve the value of your claim. You can feel free to discuss this issue with your attorney because it is protected by attorney-client privilege.

Attorney-client privilege also benefits injury victims during the discovery process. Knowing conversations are confidential helps make people more comfortable sharing a lot of information about the case. This may help the attorney build a strong case.

When Might Attorney-Client Privilege Not Apply?

Lawyers are prohibited from discussing things that were covered by attorney-client privilege and courts do not have the authority to force attorneys to discuss those things. Generally, attorney-client privilege cannot be waived unless the client does so. That said, if you tell your lawyer you are planning to commit a crime, he or she is required to report it.

You should also know the things you post to social media are not strictly between you and your lawyer. They are not covered by attorney-client privilege. That is why your lawyer may ask you to limit what you post on social media as it could be used against you. If you send emails to your lawyer, make sure to do it from your own personal account. If you send an email from your work email address it may not be protected by attorney-client privilege.

It is important to remember only private conversations are covered by attorney-client privilege. If you talk to your lawyer with someone else in the room, attorney-client privilege may not apply. If you have any questions about this, it is important to ask your lawyer. At TSR Injury Law, we understand your privacy concerns and are committed to maintaining confidentiality.

Learn How Our Firm Can Help You. Call Today

We have helped many car crash victims in Minnesota obtain compensation for their damages. We are experienced negotiators who are also prepared to go to court if the insurance company does not offer fair compensation.

We are here to help you and answer your questions. The initial consultation is free, and it comes with no requirement to hire our firm. If we validate your claim, and you choose to hire us, there will be no upfront fees. We will not be paid unless you get paid.

Have questions? Call today to schedule your free consultation (612) TSR-TIME

Most personal injury claims do not end up at trial. There is usually a settlement with an insurance company that occurs with simple negotiation. However, sometimes filing a lawsuit may be the best way to pursue maximum compensation and force the insurance company to properly evaluate a claim.

Even though a lawsuit may have been filed, the case still usually settles. Only 10 percent of filed cases actually get tried to a jury. There are many steps before a trial takes place, and a settlement could be reached at any point. One of those steps may be a deposition, where you and others are questioned about the facts and details of the case.

The experienced Minneapolis personal injury attorneys at TSR Injury Law discuss personal injury depositions, including the topics that are likely to be discussed, the implications of a deposition and how you can prepare yourself. If you are seeking compensation for an injury caused by another’s negligence, give us a call today. The initial consultation is free.

What is a Deposition?

When a lawsuit is filed, one of the pre-trial steps is discovery. This is the point where each side investigates the other side’s claims and defenses they plan to use at trial. The discovery process often involves depositions with the relevant parties and witnesses.

In depositions, the attorney(s) for the other party, often an insurance company, will ask you a variety of questions about what happened, and the claims made in the lawsuit.

Typically, people will be deposed in a conference room or an attorney’s office. Zoom is often used now with the Covid concern.  The attorney questioning you or anyone else who is being deposed will probably be polite and friendly. The attorney’s goal is to get you reveal as much information as possible. This helps him or her to determine the strengths and weaknesses of a case and devise a strategy to use at trial.

There is only one deposition at a time, which means you will not be questioned at the same time as anyone else.

It is important to note a court reporter will be present to record what is said. You are required to participate in a deposition and the things you say will be used at trial. For example, your statements from a deposition may be brought up if they conflict with things you say at trial.

The defendant in the lawsuit does not need a subpoena to request a deposition, they simply need to provide notice.

What Should You Expect at a Deposition?

It is important to note TV and movies do a lot to dramatize depositions and other legal proceedings. In truth, depositions rarely look the way they do on TV, with a lot of shouting and finger pointing. As stated previously, the attorney questioning you wants you to reveal a lot of information. It is in his or her best interest to be nice.

Typically, there are certain kinds of information discussed in a deposition:

Personal Information

You will be asked to state your name, contact information, job and other details about your background. This will likely be done first, before you are asked about other things relevant to the case.

Your Physical Condition Before the Accident

One of the most important issues to be addressed by your lawsuit is how your physical health has changed since the accident. That means the attorney for the other party will need to assess what your health was like before the accident.

If you injured your left leg, the attorney may ask if you previously suffered any injuries to your left leg. He or she is probably looking for some reason to claim your injury is related to a situation that happened before the accident.

Discussing your condition in detail can be very important if you are claiming a brain injury or some other injury that is not visible to the naked eye, such as a concussion, soft-tissue injury or mental health issue.

What Happened in the Accident?

You may be asked numerous questions about the circumstances of your injury, including questions about:

It is important to work with your attorney to thoroughly prepare for these questions so you can present a clear picture of what happened. You want to avoid omitting important information or making contradictory statements, which could damage your credibility.

Your New Injury

You will also be asked about your diagnosis, how your injury has been treated, follow-up care, how you have been following your doctor’s orders and how the injury has affected you emotionally and financially. This is an important step as you can provide strong evidence of the value of your medical expenses and other damages related to your injuries.

Tips on Answering Questions at a Deposition

It is important to work with a licensed attorney to prepare for a deposition. He or she can help you prepare what to say and how to say it to help protect the value of your claim.  Preparing for the deposition is almost as important as the actual deposition.  TST Injury Law attorneys have done thousands of depositions and our experience can cover every possible scenario that may occur.

Here are some general best practices to adhere to in a deposition:

State the Facts

It is best not to go off on a tangent and get into your opinion of things. It is better to answer the question being asked in as straightforward a manner as possible. Stick to the facts and do not provide extra information you were not asked for.

Take Your Time

There is no need to rush your answers. Wait for the attorney to finish asking the question before answering. Stay calm, stick to the facts and ask for clarification if you are uncertain of what you are being asked.

Be on Time

Showing up well-groomed and on time is always important. It is best to avoid making small talk before the questioning begins.

Call TSR Injury Law Today for a Free Consultation

If you have questions about your claim, the attorneys are TSR Injury Law are standing by to help you. We understanding this is a difficult time for you. We have helped many injury victims over more than two decades.

Our firm has a proven track record of success, having recovered over a billion in compensation on behalf of our clients. There are no upfront fees for our services, and we are not paid unless you get paid.

TSR Injury Law. Millions Recovered. Call (612) TSR-TIME for assistance.

One of the most common questions injury victims have is: How long will it take to recover compensation for my claim?

Unfortunately, there is no definitive answer. It could be weeks, months or a year or more. However, while the duration of the legal process may be no one’s fault, sometimes there are delays because of the insurance company. The resolution of a case could also take longer because of how complex a claim is. This is often the case when multiple parties are involved or fault is contested.

Review some of the most common reasons for a delay in a personal injury claim. If you have any questions about the legal process, including how long it may take, you can always contact the experienced attorneys at TSR Injury Law. We have been helping personal injury victims in Minnesota for more than 20 years with a wide variety of claims.

Duration of Your Medical Treatment

Settlement negotiations generally do not begin until the victim has completed his or her medical treatment. When the victim has fully healed, or at least achieved the maximum recovery likely, his or her Bloomington personal injury attorney will be able to assess the full cost of past medical care. This is also the point when the attorney can determine the victim’s future treatment needs and factor those into the value of the claim.

Some injuries heal or stabilize faster than others. The duration of your medical treatment also depends on the severity of your injury and how you respond to treatment. There could be setbacks along the way, such as infections or treatments that simply do not work.

Disputes Over Liability

It should be noted that even when fault seems clear, insurance companies may try to dispute it. This is especially the case for accidents involving multiple parties or when liability is unclear to the police or witnesses at the scene.

Minnesota law allows injury victims’ settlements to be reduced according to their percentage of fault. That gives insurance companies extra incentive to try to pin at least some of the blame for the crash on you.

Sometimes it is necessary to bring in experts to help validate a case and this could take time. The experts need time to analyze the accident. Your attorney may also need to find and interview credible witnesses.

Severity of Your Injuries

The more severe your injuries, the more compensation your attorney is likely to seek. Insurance companies do not want to pay out a lot of compensation. Dragging out the timeline of an expensive claim may often be an attempt to get you or your attorney to give up or ask for less money.

Your Case Goes to Trial

While most personal injury cases settle out of court, sometimes the only way to obtain maximum compensation may be to file a lawsuit. Often, when faced with potential court time, an insurer may be motivated to make a better settlement offer. Your attorney may reach a settlement while preparing for trial or even during the trial. Insurance companies often want to avoid the additional time and expense of a trial, so they often choose to settle.

Unreasonable Delays Caused by the Insurance Company

Insurance companies know how to delay the processing of claims. For example, they may take a few days to process documents you submit to them. They may ask you to complete additional, unnecessary documentation. They may even make a lowball offer and take a while to respond to your counteroffer.

Why do insurance companies do this?

You have a limited time to file a lawsuit. Minnesota’s statute of limitations is two years from the date of the accident. If you do not file a lawsuit within those two years, you will probably lose the chance to do so. Insurance companies know this, so they often use delay tactics in order to use up the clock.

That is why it is important to hire an experienced attorney who is prepared to go to court if necessary. Throughout the legal process, your lawyer should be preparing like he or she may need to go to court. That way, he or she is not rushing to try to file a lawsuit before the statute of limitations runs out.

Is There Any Way to Avoid Delays?

There are some steps you can take that may help speed up the process. However, there are no guarantees.

For example, going to the hospital right away and following all your doctor’s orders is extremely important. This helps to show your credibility and the severity of your injuries.

Saying very little or nothing at all to the insurance company could help you. Sometimes victims say things that hurt their claims without even realizing it. For example, they may say something to the insurance company that is later used against them as a reason to assign them fault for the accident. Insurance companies know how to mislead victims, which is why it is often best to let your attorney communicate with them on your behalf.

Essentially, if you avoid doing things that could hurt your claim, you might help prevent delays in the process. For example, if you post something on social media that makes it seem like your injuries are not very serious, your lawyer may need to spend more time gathering evidence to refute these claims.

Learn More About How Long a Case May Take to Resolve

The initial consultation with one of the licensed attorneys at TSR Injury Law is 100 percent free of charge. You do not have to hire our firm after this meeting.

If we find you have a case and you decide to work with us, there will be no upfront fees for our services. We are not paid unless our clients receive compensation. That means there is no risk in calling us to find out how we may be able to help you.

We welcome the chance to assist you. Call today to learn more: (612) TSR-TIME.

One of the most common reasons for a slip and fall accident is a slippery or wet surface.  In the late fall and winter months in a state like Minnesota, snow or icy conditions can cause many people to slip and fall.

While many people brush off slip and fall accidents as no big deal, the truth is serious injuries often result from these situations.  Victims may be able to seek compensation if they were on another’s property – the property owner may have been required by law to remove the snow or ice.

However, liability for a fall caused by snow or ice can be a complex issue.  That is why you should strongly consider seeking legal help.  You do not want to talk to just any attorney, you need an experienced lawyer with a track record of recovering compensation for injury victims in Minnesota.

TSR Injury Law has recovered millions on behalf of our clients and there is no obligation to take legal action after meeting with us.

What Does the Law Say About Removing Snow and Ice?

The state of Minnesota does not have any laws requiring municipalities to create or enforce policies on removing snow from sidewalks.  However, most municipalities do have ordinances on this issue.

For example, Chapter 445 of the Minneapolis Code of Ordinances deals with this issue.  The code says property owners of any buildings that border, abut or adjoin any street must remove snow or ice within fours of daylight after snow stops falling.  A property owner is anyone having custody, care or control of any building. Daytime hours are between 8 a.m. and 5 p.m.

This part of the code excludes those who own one or two-family dwellings.  However, owners of these properties must remove snow from a public sidewalk that abuts or adjoins their lot within 24 hours of snowfall ending.  If they are unable to remove any snow, they must sprinkle sand on the sidewalk.

Business owners must keep driveways leading into their businesses clear of snow, ice or other debris.  This part of the law applies to anyone carrying on a business, profession, vocation, parking lot, or other service the city requires a license or permit from the city, provided they are operating next to a public street or boulevard.  Those who fail to comply could have their business license or permit revoked by the city.

Failing to comply with the requirements of the code is a petty misdemeanor.  Every hour past the four-hour window to remove snow or ice, or past the 24-hour window for one or two-family dwellings, is a separate violation of the code.

Establishing Liability for Your Injuries

A violation of local law on removing snow or ice may be considered a breach of the property owner’s duty of care.  In a personal injury claim, the victim must prove the at-fault party breached a duty of care and link that breach to the injury suffered.  A duty of care is an obligation to take reasonable care to help prevent others from suffering harm.

However, how do you prove the property owner exceeded the four-hour time limit for removing snow? How do you establish when snow stopped falling?

You can be sure the property owner and his or her attorney or insurance company will look for any argument to use against you to avoid responsibility for the accident.

That is why it is so important to document the accident by filing an accident report. Make sure to note the time in the report.  You should also seek immediate treatment, as this will help link your injury to the accident.  After that, contact an attorney right away.  Another important piece of evidence are photos.  It is not always possible to take photos right away, but if you can, do it.  It is often the best evidence of the timing and condition of the fall down area at the time of the fall.  Even a few hours later may have changed the condition.

The attorneys at our firm have extensive knowledge of local laws on removing snow and ice and how they may apply to a personal injury claim.  These cases are often difficult to prove, which is why you should strongly consider seeking experienced legal representation.

One factor that may play a role in your claim is whether the danger presented by the snow or ice was reasonable or unreasonable.  Sometimes people should know to avoid certain things because they are obviously very dangerous.  The at-fault party may try to use this defense against you.  For example, if you walked onto the property and the owner was in the process of clearing snow and ice, and you continued walking into a dangerous area, you may have trouble building a case against the property owner.

Injured in a Slip and Fall? Schedule a Free Consultation

Even though snow and cold weather are features of living in Minnesota, we should all be careful to avoid injuries caused by these conditions.  If you think a walkway is too slippery or might cause you trouble, maybe you should avoid it.

However, no matter how safe you try to be, an accident could still happen.  If it does, our Minneapolis slip and fall lawyers are ready to help you.  Schedule your free consultation today to learn more about our services and the benefits of having qualified legal representation.

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

The goal of a personal injury claim is to recover compensation for the damages suffered by the victim. A large percentage of those damages are the medical bills for treatment of your injuries. If your claim is successful, and your lawyer pursues full compensation, your past bills will be paid off and your future bills accounted for.

However, compensation will not be paid out until the legal process concludes, either through an out-of-court settlement or a jury verdict. Hospitals and doctor’s offices expect payment at time of their services. Many accident victims do not have the ability to pay bills upfront.

However, there are ways to pay these bills or at least keep hospitals and debt collectors off your back until you receive compensation from your claim.

TSR Injury Law’s Minneapolis personal injury lawyers have extensive experience with these claims. We are here to help during this difficult time. That includes helping you figure out how to deal with medical bills while we pursue compensation on your behalf.

Insurance Coverage to Fall Back on

One of the advantages to Minnesota being a “no-fault state” is car crash victims turn to their own insurance for coverage of their medical bills and wage loss no matter who was at fault. However, if your bills exceed your personal injury protection coverage limits, your lawyer can assist with submitting the excess bills to your private or state health insurance.

Unfortunately, if you were injured in an accident that did not involve your car, it is unlikely you will have insurance coverage to provide compensation right away. That means you will need to figure out how to pay your bills while your attorney pursues compensation.

Health Insurance

As mentioned above, if you have health insurance, you may be able to use it to cover medical expenses if there is no PIP coverage (like a trip and fall, motorcycle crash or dog attack situation) or if the PIP coverage runs out in a car crash.

Keep in mind, you will be responsible for any deductibles in your policy. A deductible is a set amount of money you must pay before your insurance coverage kicks in. Coverage will also be limited by the terms of the policy, so some treatments may not be covered. You may also need to make sure you are treated by doctors in a specific healthcare network.

Even if your health insurance does cover medical bills, the law may require repayment pursuant to subrogation.  Subrogation is when your health insurance seeks repayment from the injured party’s bodily injury claim.

Medicare or Medicaid

If you are covered by Medicare or Medicaid, you may be able to use this coverage to pay your medical bills. However, the federal government will also request subrogation reimbursement if you receive a settlement.  MA and Medicare use different formulas for subrogation.  Your attorney will maximize the formula to reduce the amount of the settlement the health carrier takes back.

Agreements with Hospitals

One of the benefits of working with a licensed attorney is that he or she may be able to help you reach an agreement with a hospital or doctor’s office to hold off on trying to collect payment. This not only buys you time, it prevents the health care provider from sending your debt to collections, which will harm your credit score.

While you could attempt to reach an agreement on your own, the health care provider may take things much more seriously if an attorney is advocating on your behalf. Hospitals and other medical facilities are often more than willing to negotiate a plan for payment.

Absent an agreement to hold off on collecting payment, you could try to agree on a payment plan with the facility. However, you need to make sure you can afford to make monthly payments, because if you miss one, the deal may be off.

What About Putting Expenses on a Credit Card?

If you have a credit card, you may think this is a perfect time to use it to get the hospital off your back. However, a payment plan with the hospital will not include interest payments, unlike a credit card. If you are late on credit card payments it will hurt your credit score.

Have Legal Questions? Call TSR Injury Law Today

If you were injured because of someone else, TSR Injury Law is here to help. Give us a call to schedule a free legal consultation so we can learn more about your situation. If we validate your claim, and you hire us, we are prepared to pursue maximum compensation on your behalf.

We are not paid unless we obtain compensation for your damages. There is no risk in contacting our firm to learn more about how we may be able to help you.

Phone: (612) TSR-TIME. No upfront fees.

Despite everything you do to prevent your child from suffering an injury, it could still happen.  Unfortunately, these injuries are often the result of someone else’s negligence, such as the other driver in a car crash, a school bus driver, teacher or the owner of a pool.

If you think your child’s injury could have been prevented, you should call a licensed attorney to find out if compensation may be available.  For example, you may be able to recover compensation for the cost of treating your child’s injuries, including future medical treatment.

Below, learn more about how personal injury claims involving children differ from those involving adults, including how compensation is paid out and how these claims are filed.

TSR Injury Law offers a free legal consultation to discuss your child’s injury.  We take these and other types of personal injury cases on contingency, which means no upfront fees for representing you.

Filing a Claim on Behalf of a Child

Generally, if a minor/child has a valid personal injury claim against someone else, his or her parent or legal guardian must file it on his or her behalf.  The parent or legal guardian has the authority to take the necessary steps to pursue compensation, including hiring an attorney who can negotiate a settlement or even file a lawsuit, if necessary.

You may be able to seek compensation for your child’s medical bills, rehabilitation expenses, pain and suffering, and potentially future lost wages and income.  For example, if your child suffers a life-changing injury, he or she may lose career opportunities because of physical or mental limitations.  Your child may also need disability accommodations for school, and you may be able to recover these expenses on behalf of your child.

Settlements Must Be Approved by the Court

If your Bloomington personal injury lawyer negotiates a settlement, it must be approved by the court.  Even if everyone agrees a settlement is fair, the Judge has the final say.  This law is in place to help protect the child’s best interests, as children could be pressured or influenced by their parents, insurance companies or their attorney.  The other reason for court approval of settlements is that minors are not able to enter legally binding contracts.

How Are Settlement Proceeds Distributed?

If your claim is successful, and the court approves the settlement, the funds will be invested for the child.  A certificate of deposit may be purchased at a bank or a qualified assignment might be used to place the funds in an annuity.  No matter what, the child will not be able to access these funds until he or she turns 18 (or older if the terms of the annuity are set up differently).  The only way to obtain the funds before the child turns 18 is through a court order.  Banks and annuities must have A-plus ratings before the Judge would allow the funds to be deposited.  Rate of return often takes a back seat to security of return.

Once the child turns 18 (or the age planned for in the annuity), the funds belong to the child, and they are his or hers to do with as he or she pleases.  Parents often are concerned an 18-year-old is no longer a child but might not make the best financial decisions.  The decision to use a CD or annuity is part of the legal consultation.  There are also tax consequences depending on which plan is used.

Types of Personal Injury Claims Filed on Behalf of Children

There are many different situations when parents may have grounds to pursue compensation on their child’s behalf.

For example, your child may be eligible for compensation for injuries suffered in a:

Children are more susceptible to serious injuries than adults, particularly with something like a dog bite/attack or daycare abuse.  The injuries your child suffers could take a long time to heal, and sometimes children never completely recover.

TSR Injury Law is here to help you during this difficult time.  We represent injury victims throughout Minnesota and have a proven track record of success.

Need Legal Help? Call Today to See How We Could Help

We know how stressful it can be when a child is injured because of another’s negligence.  Talking to a lawyer can be an important step in the recovery process.

However, you want to talk to a lawyer with experience and a history of recovering compensation.  At TSR Injury Law, we have obtained over a billion on behalf of our personal injury clients.

There is no risk in contacting us, as the initial consultation is free, and you are not obligated to hire our firm.  We also do not charge attorney fees unless we are successful in recovering compensation for you.

We are here to answer your questions. Phone: (612) TSR-TIME

Most personal injury claims are based on the legal theory of negligence, which means one party failed to uphold a duty of care and this breach resulted in an injury to someone else.

However, sometimes an at-fault party’s negligence is particularly egregious.  For example, drinking and driving is an extreme form of negligence.  When things like this happen, the victim may be able to pursue punitive damages.

Below, learn more about what punitive damages are, when they may be available, and how you can get more answers to these and other legal questions in a free consultation with a licensed attorney.

Minnesota Law on Punitive Damages

State law explains when personal injury victims may be able to pursue punitive damages.  They are only available when there is clear and convincing evidence that the at-fault party’s actions showed intentional disregard for the safety or rights of others.

There are two ways to prove someone acted with this level of willful disregard:

• The at-fault party acted deliberately with conscious or intentional disregard for the high probability of others being injured
• The at-fault party deliberately acted with indifference to the high probability of injury to the rights or safety or others

These damages are meant to punish the at-fault party and hopefully deter others from engaging in the same kind of behavior in the future.  They are not connected to the out-of-pocket costs or other losses suffered by the victim.

Types of Claims Where Punitive Damages May be Available

There is obviously room for interpretation on what something like conscious or intentional disregard for another’s safety means.

However, there are certain types of claims where punitive damages are often awarded:

If you have reason to believe the at-fault party was intentionally negligent, or your injuries resulted from criminal behavior, we strongly recommend that you discuss your situation with a qualified attorney.

Our Bloomington personal injury lawyers know how to determine if punitive damages may be available and how to include them in your claim.

At TSR Injury Law, we work hard to obtain maximum compensation on behalf of our injured clients.  We are committed to holding the at-fault party financially responsible, especially under circumstances where he or she exhibited behavior that was willfully reckless or grossly negligent.

How Much are Punitive Damages Worth?

According to state law, the value of a punitive damages award is based on the factors that “justly bear upon the purpose of punitive damages”.  This may include things like:

Once a determination is made about your eligibility for compensatory damages, there will be a separate proceeding to determine if punitive damages may be also available.

The judge makes the determination about whether punitive damages will be awarded in a case.  There are no limits under state law regarding the amount of punitive damages that may be awarded.

Call TSR Injury Law to Discuss Your Claim

Meeting with one of our attorneys after an injury can be an important step to take as you consider your legal options.  Our firm has obtained over a billion in compensation on behalf of Minnesota personal injury victims.

The initial legal consultation is free and comes with no obligation to take legal action.  That means there is no risk to you in meeting with us to find out how we may be able to help you.  Read our testimonials page to see what our clients have to say about the services we provided them.

We are here to answer your legal questions.  Call (612) TSR-TIME.

Car crashes can cause a variety of soft-tissue injuries, depending on the type and speed of the crash and the point of impact. While many people may take these injuries less seriously than things like broken bones or internal injuries, they can often cause long-lasting pain and suffering, limited mobility, and other medical problems.

Below, learn more about how attorneys evaluate these injuries to determine the value of the economic and non-economic damages they can cause.

If you were injured in a crash, you should seek immediate medical attention as you may not notice signs of a soft-tissue injury immediately afterward. If you wait, the injury could get much worse and your recovery may take longer. After seeking treatment, contacting a lawyer is an important step as you pursue fair compensation.

Soft-Tissue Injuries That Often Result from Crashes

A soft-tissue injury is one that affects the ligaments, tendons or muscles.  These ligaments, muscles or tendons are in the neck, back, knees, elbows or shoulders. These body parts can become strained, sprained or torn, resulting in significant pain, limited mobility and other problems.

Some common examples of soft-tissue injuries include:

• Whiplash – This is an injury to the neck that often occurs in rear-end accidents. The driver’s head and neck are jolted forward by the impact and suddenly stopped, often because of the seat belt or airbag. This can lead to severe pain, headaches, dizziness, tingling in the arms and stiffness in the neck. Whiplash could affect you for months or even years.
• Contusions – These are severe bruises that may result from a body part hitting the steering wheel, airbag, dashboard or door. You could experience pain or swelling and limited mobility around the contusion.
• Sprains – This refers to twisting or overextension of joint ligaments. Whiplash could be considered a type of sprain.
• Strains – This is like a sprain except the muscle or tendon can be stretched or partially torn. Symptoms can include pain, weakness, swelling, inflammation and cramping.

Evaluating Soft-Tissue Injury Damages

One of the main factors in the value of a soft-tissue injury claim is the medical bills for past and future treatment for your injury. For example, you may need to see a chiropractor and/or physical therapist to help you regain mobility, strength and function in the injured area. You may also need to get X-rays, MRIs or other tests to diagnose your injury and the body parts that are affected.

Pain from your injury may require prescription medication, along with crutches or braces to deal with limited mobility.

It is important to hire an attorney with the resources to thoroughly evaluate your damages. For example, your lawyer may need to consult a medical expert to determine the treatment you may need and how long you may need it. An experienced attorney can also be beneficial to your claim because he or she will have helped many other crash victims determine the value of their damages.

Another important factor in the value of a soft-tissue injury claim is the pain and suffering you experience on a daily basis. There is no defined value of pain and suffering. The value of these damages is determined on a case-by-case basis.

There are two common ways attorneys and insurance companies may calculate pain and suffering. For example, they may add up all your economic damages (medical bills, lost wages, property damage) and multiply this total by a number, often something between one and five. Another way is to determine a daily value of your pain and suffering and multiply that by the number of days of pain you are likely to experience.  Years of experience help attorneys compare past settlements and verdicts to current cases and create a fair understanding of the legal value of the injury.

Your attorney will also need to consider other factors, such as whether your condition is likely to get worse over time and how effective future treatment may be.

Call Today to Set Up a Free Consultation About Your Soft-Tissue Injury

You may have many questions after suffering an injury in a car crash, including questions about taking legal action to obtain compensation for the damages you suffered.

That is why meeting with an attorney for a free consultation can be an important step to take. The Minneapolis personal injury attorneys at TSR Injury Law have a proven track record of recovering fair compensation for crash victims. Over more than two decades serving Minnesota injury victims, we have obtained over a billion in compensation.

There are no upfront fees for our services, as we are no paid for representing our clients unless we obtain compensation on their behalf.

Have questions? TSR Injury Law is here to help. Call (612) TSR-TIME.

There are many unknowns with the coronavirus and the many ways it has affected the economy, along with businesses and public services like the courts. Injury victims may be concerned about delays in being able to pursue compensation.

Below, learn more about how the pandemic could cause delays in your insurance claim or court case. While there is uncertainty, it is still important to reach out to an attorney as soon as possible. First and foremost, an attorney can help determine if you have a valid case. If you do, your attorney can get to work investigating, which takes time.

Possible Delays with Insurance Companies

While you may not think of an insurance company as a business the same way you would a restaurant or grocery store, insurance companies still need to make a profit to stay in business. As businesses and individuals are strapped for cash and may be struggling to pay their premiums, insurance companies are not in a rush to pay claims.

Insurance companies may also drag their feet on processing claims, hoping victims will end up accepting a lowball settlement offer out of desperation. Many people are unemployed or working fewer hours because of the pandemic, and they are becoming increasingly desperate for money the longer they are under stay-at-home orders in their states.

However, you should not delay pursuing insurance compensation, even if the process may be delayed because of the pandemic. Starting the process quickly helps connect your injuries and damages to the accident.

Our lawyers are prepared to manage the entire insurance claims process on your behalf. This includes filing the claim and communicating with the insurance company on your behalf to protect the value of your claim.  TSR Injury Law is set up to start and prosecute your injury claim without meeting face to face.

Can I Still Receive Medical Treatment?

Hospitals are still treating patients for conditions besides coronavirus. If you are concerned about possibly contracting the virus at the hospital, contact them to find out what you can do to help reduce your risk, such as wearing a mask and keeping your distance from others as much as possible.

If there are delays, it is important to remember that they are not your fault. Be sure to document appointments with doctors, including when you had to reschedule an appointment to refute insurance company arguments about gaps in your medical care. This includes virtual meetings with doctors through Skype, Facetime, Zoom or other platforms. Even though you are not physically in the room with the doctor, you can discuss your symptoms so they can be documented in your medical records.

As you may struggle to obtain all the treatment you need, it may take longer to reach the point of maximum medical improvement. This could delay the settlement of your claim. However, it is best to wait until this point to settle, if you can afford to do so.

This is a complex issue you can discuss with one of our Bloomington personal injury lawyers in a free legal consultation.

Are the Courts Still Open?

Public access to the courts has been limited because of the coronavirus. Access to these facilities will be subject to conditions set by county officials.

However, no jury trials can begin before May 4 or until further order of the court, whichever happens first. Unless a proceeding is required to occur in a courtroom, court proceedings must be done by ITV or remote technology that permits attorneys and parties to appear without actually being in the courtroom.

District and appellate courts will continue accepting filings of all case types. These filings may need to be done electronically.

Call Today to Set Up Your Free, No-Risk Legal Consultation

Our firm has a proven track record of recovering over $1 billion on behalf of our clients. We have extensive knowledge of Minnesota laws and the legal process, and a legal team ready to aggressively pursue maximum compensation for your damages.

Our licensed attorneys do not charge legal fees unless we recover compensation. The consultation is also free and there is no obligation for you to take legal action. As we are practicing social distancing to prevent the spread of COVID-19, we can do the consultation over the phone and manage your case remotely, so you do not need to come into the office.

Call today to learn more about how we assist injury victims in their time of need. (612) TSR-TIME