1. Do I need a lawyer?
Most often, yes. Insurance companies are for-profit corporations. They hire claim adjusters to evaluate claims and most often their evaluations are low. This makes sense because the less the corporation pays out, the more profit they earn. Your interests may not be best served by dealing directly with the insurance company’s representative. You need someone to handle the paperwork, advise you which insurance requests are legitimate, make sure your bills and wage loss are promptly paid, give you the real value of your claim and make the overall journey through the legal maze easier. In addition, surveys have shown, people with legal representation receive up to three times the compensation in settlements and awards.
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2. Who pays my wage loss, medical bills and how much am I eligible for?
Wage loss and medical expenses are covered under the "no-fault" coverage portion of your auto insurance policy. No-fault coverage is usually tied to each person’s own coverage, but there are circumstances where the car you are in or a relative’s vehicle may be responsible for the coverage. An attorney is often in the best position to determine eligibility. This coverage is coined “no-fault” because no matter how the crash occurred, no matter who was at fault, your policy or the car you were in would be responsible for this type of coverage. Please note that your rates cannot go up, unless you were more than 50% at fault.

Once the coverage is determined, the same insurance company will pay both wage loss and medical expenses. The typical coverage is $20,000 for each, with wage losses being paid out at a rate of 85% of your weekly wage with a cap of $250 per week. There are exceptions when policies are “stacked” and our attorneys would verify if you are eligible for that premium option.
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3. What if I cannot perform my normal household activities?
Replacement service reimbursement is also available under the "no-fault" laws. After seven days, $200.00 is allotted for reimbursement of home and yard services. An example of this service is if you paid $40.00 to have your grass cut and were unable to do it yourself due to injuries, the $40.00 would be reimbursed to you. “primary homemaker’s” get special treatment in that they do not need to actually incur a cost to be reimbursed. The definition of a primary homemaker is complicated and based on several appellate cases. Our attorney can determine eligibility for this added level of coverage.

4. I did not feel pain right away, but did a few days after the collision, is that normal?
Yes. Some injuries, such as broken bones or cuts are noticeable right away. Others, such as soft tissue injuries or whiplash, may take days or weeks to kick in. There is medical documentation explaining this phenomenon, but the easy way to explain it is if you exercise too hard on Monday, you may feel it a day or two later.
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5. What does it cost to hire a lawyer?  Can I afford one?
Everyone can afford the best legal representation with our firm. Unlike criminal attorneys or corporate firms, our firm charges a flat percentage fee based on recovery. There is never any up front costs or fees. We earn a living only if you win. In addition, our firm does not charge interest on expenses paid and we do not charge our clients any fees or expenses if they lose their case. Other firm’s do waive their fee in a lose, but they want their expenses back. Beware.

6. What if the person who hit me has no insurance?  What if I did not have auto insurance?
This fact would be investigated by our firm. The driver may not have insurance, but the owner may. If no one has insurance coverage, you are eligible to receive compensation for your injures with an uninsured motorist claim under your own insurance. This coverage is much like the "no-fault" coverages explained in answer #2. Uninsured coverage is something you already pay for with your premiums and is mandatory in Minnesota. Using the uninsured coverage will not raise your premiums.
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If you did not obtain auto insurance on your own vehicle, our attorneys may be able to find other sources of coverage. You may be eligible for assigned claims, which is sponsored by the State of Minnesota. Assigned claims has specific eligibility requirements that our lawyers can best explain over the phone.

If you own a car or live with a relative who owns a car without insurance, you are not eligible for assigned claims. Instead you will have to wait until your cases is settled or won at trial to force the at fault party to pay. There was controversy in this area until the Munoz case, won by Steven Terry at the Court of Appeals, clarified that the at fault party is ultimately responsible for all unpaid bills and wage loss, even if the injured party broke the law by not having auto insurance. We will gladly provide a copy of the Munoz case to you if you email us.

7. If I use my insurance, do my rates go up?
No, as long as you were not the at-fault party causing the collision. Minnesota law forces you to utilize your insurance to pay your bills, wage loss and maybe uninsured motorist coverage. Since this is not optional, the legislature has created protections so that your rates cannot go up, unless you were more than 51% at fault. Sometimes the insurance underwriter’s mistakenly document a crash as your fault when it was not. Our firm will also assist in correcting these errors and retroactively get you reimbursed for any unfairly charged insurance premiums.
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8. Am I entitled to compensation for pain and suffering?
Maybe. There are several issues that must be addressed. Were you at fault? If you are less than 50% at fault, you have passed the first threshold. How injured are you? Minnesota requires one of five thresholds to be met before you are eligible for compensation in a car collision. The thresholds are: death, 60 days missed from work, permanent scar, permanent injury or $4,000.00 in medical bills. As is always the case, these thresholds are not crystal clear. Each case presents specific circumstances that an attorney can elaborate on.

9. What is the normal time frame for a settlement or jury verdict?  Is there a legal time limit to bring a claim?
Most insurance companies do not want to discuss settlement until one year has passed from the date of collision. The lapse is to ensure that treatment is set and the injuries are clear. Our firm has settled cases as fast as one week (for serious injuries with limited insurance coverage) and have worked on cases as long as seven years with court cases and appeals. The average is one year with the attorney taking into consideration the client’s desires and special circumstances. It simply depends on the facts of the case.
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All cases have a legal time limit to file a lawsuit. Most claims are settled without a judge. The attorney and insurance company agree on a fair value. If there are liability disputes or value disagreements, a lawsuit may be filed, with the client’s permission.

All attorneys need to recognize the legal time limits to settle or sue out a case. In Minnesota, the general Statute of Limitations (legal time limit) for a car crash is 6 years. As with many facets of the law, Statute of Limitations vary and it can be as short as 6 months to bring a claim. To make matters more complicated, some cases have different claims, each with a different time limit. Please call our firm now to discuss your case if you feel the Statute is even remotely close to passing.

Remember, if your claim is not legally started within the time limit, it will be barred forever, no matter how meritorious the claim may be. Minnesota law is different from other states in a simple notice to the at fault party DOES NOT stop the running of the Statute. Our attorneys will properly start a claim and ensure the Statute does not run out.
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10. What if my insurance asks me to see their doctor for a second opinion?  What is an independent medical exam?
Under the no-fault statute and the contract you have with your insurance company, they may have the right to ask you to see one of their doctors. Depending on whether your bills and wage loss are paid up to date, you have to cooperate in their efforts to examine you. Our firm provides a multi-page document that fully explains the exam. We also make sure to meet or speak with each client before they see the insurance doctor in order to answer questions or explain further what to expect.

The usual end result of the exam is a suspension of no-fault benefits. Our firm will file an arbitration to win your unpaid medical bills and wage loss and reinstate your benefits. We truly believe you should receive all $20,000 of wage and medical bill benefit if your treatment is reasonable and related to the crash. We normally do not charge extra for this litigation, but try to work with your doctors to ensure our extra time and costs are covered.
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11. What is my case worth?
The best way for us to answer that question is to call. We will give you a free evaluation and walk you through the entire process. One of our attorneys will also meet with you in person to help get a case started. Hit here for a free email evaluation or simply call us at 612-33-5544.

There are a few general rules of thumb for case evaluation. 

Is there any fault on you for the crash?  Were you speeding or did you fail to keep a lookout?  We will help make a fair determination as to what fault, if any, you may have. Your fault will be categorized by a percentage. That percentage will be deducted off the total value of your claim, no matter how badly you are hurt. For example, if you are 10% at fault, a $20,000 claim would be reduced by $2,000 to make it truly worth $18,000. One of our biggest job responsibilities is to minimize your fault on any claim. With special investigation of witnesses, photos and accident reconstruction we can reach a fair assessment of fault.
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How hurt are you?  Cases have different value depending on the amount of damages there are. Damages can be medical bills and wage loss or pain and suffering. Good attorneys can explain to insurance companies or a jury how injuries affect a client’s life and how to best compensate them. It is easier to convince a person of pain with a surgery or broken bone than if a person simply has a sore body part. Nonetheless, we often are able to properly explain typical whiplash cases so that maximum compensation is received.

Do you have prior injuries?  Your case will be worth less if you already had the same pain in your past. We collect all prior medical records to best determine your medical history. It is easier for an insurance company to understand today’s pain if you did not have the same complaints last month. Reality is that most people have aches and pains in their past that are simply a part of living. Our firm will help compare past pain to current pain so that the insurance company will not diminish the claim. 
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How much damage is there to you vehicle?  Our firm does not believe the insurance thinking that minor damage means minor injury. We do admit that a jury may not believe that a paint scratched bumper could cause a serious injury. Low impact cases are harder to win, but we have been successful with them. Each case is viewed on it’s own merits.

12. How is my claim valued? What does an adjuster do?
Insurance companies evaluate claims by having a claims adjuster collect your medical records, review a police report, witness statements and photographs to make a determination as the what type of case you have. The at-fault party will have a policy limit that is the most the insurance company will pay. The adjuster’s job is often to settle the case as cheaply as possible, so as to make a profit for the insurance company. The same issues explained in question 11 are reviewed by an adjuster and their bosses when they evaluate your case.

Different insurance companies will pay different amounts based on their experience with settlement and trial verdicts. It is important to have a law firm represent you that the insurance company respects. If they feel your attorney will not try a case, they may lowball your offer because there is no fear or a bad result.
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13. Do I have to go to court?
Probably not. Most cases settle before a lawsuit is filed. The cases that are tried tend have liability disputes or large damages where the insurance company feels the claim is worth less. Even if a case is sued out, a judge will force mediation or arbitration where the attorneys have another chance to settle before an actual jury is selected.

14. What if the person hit me without enough insurance?
The minimum policy limit for an at fault party is $30,000 in Minnesota. Policies tend to be around $50,000 to $100,000 per person. Our firm will check and verify the true coverage and make sure there are no umbrella polices that can total millions of dollars in coverage.

If your case has more value than the insurance policy has available, you can make an underinsured claim against either the insurance on the car you were in or your own policy. Our attorneys will determine which policy would apply and give you legal advice as to whether you have an underinsured claim.
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15. Am I entitled to punitive damages?
Maybe. The law allows punitive damages in rare circumstances. If you can prove that a person has acted with deliberate disregard for the rights or safety of others, then you may be able to ask for punitive damages. The most common circumstance under which punitive damages are available is when the crash is caused by a drunk driver. The legislature has made punitive damages available as part of the punishment for drunk drivers.

However, even if the law allows you to ask for punitive damages, it is difficult to collect them. Generally, an insurance policy will not cover punitive damages. The policy may specifically exclude punitive damages or anything that arises out of an intentional act. It may be possible to collect punitive damages from an insurance carrier if they have acted in bad faith in settling the case. This is definitely a time that you need the help of a skilled lawyer to get the case settled.

16. How much insurance should I have?
The general rule is “as much as you can afford.”  Sometimes we represent client’s without auto insurance. Their usual response is that they could not afford it. Our response is you can’t afford to NOT have it. 

If you do not have auto insurance and get struck by a hit and run driver or a person without auto insurance, you have no claim at all, no matter how hurt you are. Even if the other person has coverage, you miss out on instant wage loss and medical reimbursement. You do not have the luxury of seeing any doctor you want and even if you have health insurance, you might have to repay them out of your settlement.

As a personal injury attorneys, we have had the benefit of helping thousands of people. Throughout this time, we have come up with a number of helpful suggestions for people as we review their present automobile policies. Please keep in mind that these suggestions will help with future cases and are simply offered to protect you and your loved ones in the future.
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In order to maximize the value of money you spend on your automobile insurance, you should check with your insurance agent and make sure you have the following coverages:

A. All persons living in your home should be listed as named insured’s on your policy. This will ensure they are all covered should they be involved in an accident.

B. STACKING (combining the insurance coverages on all vehicles). If you own multiple vehicles, or you and family members own multiple vehicles, make sure the polices are all with the same insurance company and have them STACKED. This will allow you to multiply your benefits for each car for a nominal price. For example, for an extra $100.00 per year in cost, you can get an additional $20,000.00 in wage loss coverage AND $20,000.00 in medical bill payments per car insured.

C. UNINSURED AND UNDERINSURED COVERAGE  You should carry a minimum of $100,000.00 for uninsured and underinsured coverage. These coverages are inexpensive and protect you and your family in the event the at fault motorist does not have insurance or does not have enough to properly compensate you for injuries. A family’s worst nightmare is a tragic accident with terrible injuries and not having enough insurance to pay for the bills and other matters. This coverage is inexpensive and well worth the cost.
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D. UMBRELLA POLICIES  Many people decide to purchase umbrella policies. This is a large policy that provides additional coverage to your car insurance. This is a good idea, but you should make sure it also provides UM/UIM coverages. This is the coverage that protects you if you are injured by someone who has no insurance or does not have enough insurance.

E. GAP INSURANCE  On most leased cars, the dealership will provide gap insurance without your request. Be sure to ask for it because it may help if you are in a crash. 

Once liability is determined for a crash, the at fault party will pay for your car damage. Usually if the damage is more than 80% of the value of your car, they will simply pay you the full fair market value instead of trying to fix it. Fair market value is not clear on most cars. Blue book is not fair market value. Each insurance company utilizes a service to get a quote. Our firm will assist you in getting fair compensation for your vehicle. 

Sometimes you owe more to a bank than the car is worth. Being “upside down” on your loan is common and often frustrating for the victim. Gap insurance ensures that even if you owe more than the vehicle is worth, you will not pay a penny. Since cars depreciate so quickly, it may take years for the value to catch up with the loan. Gap insurance protects you right off the lot.
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17. What is subrogation?
Subrogation usually relates to a health insurance plan seeking to be reimbursed from a settlement or jury verdict for the money they have already spent. The law varies depending on whether your health insurance is private or controlled by ERISA. Our lawyers will review your policy and minimize the amount repaid from your settlement.