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injured in a variety of ways. It can be from a slip and fall, a defective
product, a bad medical or drug reaction, an automobile accident,
or any number of ways. Whether you are able to recover money for your
injury depends upon the circumstances of that injury. Who was at fault?
How serious are your injuries? Did you have lost wages? Usually we
pursue the responsible party for our clients, but in some cases when
permitted by law, action is taken against insurance companies. For
example, in automobile accident cases, in addition to pursuing the
negligent driver, we may pursue an insurance company for no-fault
benefits or under-insurance or uninsured benefits. In slip and fall
or premises injury cases, we can pursue medical pay coverage. We always
coordinate and settle with "third parties" such as the injured
person's health carrier, Social Security Disability, Unemployment,
Workers' Compensation, or state assistance when necessary. |
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No-fault benefits.
No-fault benefits include payment of all medical expenses for the
care and treatment of injuries and 85% of your wage loss,
up to a maximum of $250.00 per week.
Thresholds. In automobile cases,
Minnesota requires injuries to meet certain thresholds before a
lawsuit can be brought against a negligent driver. Once the threshold
has been met, the injured person can then pursue a claim for pain,
suffering, disability, and general damages against the party at
fault and their insurance company. In order to claim these damages,
you must have one or more of the following:
- sixty or more days of disability, not necessarily in consecutive
order
- $4000 or more in medical expenses
- a permanent injury or disability
We help people understand these thresholds,
monitor their cases until the time the threshold has been met,
and then assist them in obtaining settlements or verdicts against
the negligent driver. We have obtained substantial recoveries on
behalf of clients (see the section on Representative Settlements
and Verdicts).
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In non-automobile
injury cases, we help you get payment for the medical treatment
you need and if disabled or hurt, compensation for that and pain
and suffering. Since it can take time to obtain a settlement
or get to a jury trial, it is important to begin the process promptly.
We will monitor your injury by getting
medical records and reports from your doctors so that when the injury
has stabilized and the treating doctors can give opinions as to
the outcome of the injury, we can pursue settlement negotiations
as soon as possible.
Negotiations
will take place with the other party's insurance company and attorneys.
Some companies negotiate through claim adjusters while other will
use attorneys. When we form an opinion as to the settlement value
of your case, and you agree with that valuation, we will negotiate
a settlement or if the case cannot be settled, then the case will
go to a judge or jury to have the matter decided as soon as possible.
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Injuries incurred as a result
of treatment by a physician, surgeon, hospital, dentist, or other
health professional that occurred after August 1, 1999, have
a four year Statute of Limitations while veterinarians have a two-year
Statute of Limitations and other professionals, such as attorneys,
have a six year Statute of Limitations in Minnesota (other states
may have different time limitations). This means that if claims
are not brought within this time period, they may be forever barred.
This is not necessarily easy to determine as there can be questions
of whether the injury resulted from a single act or a continuing
course of treatment. When a child is involved, the time limit can
be longer. It may also be longer for a person suffering from certain
disabilities, such as insanity. It is important to bring a claim
within the time allowed if such action is warranted.
Claims of professional negligence,
especially medical negligence, must be backed up by an expert's
report under Minnesota law. That expert must be prepared
to testify that the health care provider deviated from the applicable
standard of care and that such negligence caused injury to the plaintiff.
Part of our role is to assist the injured person in finding a medical
expert who will review the facts and medical records and help determine
whether or not the applicable standard of care was followed. The
medical expert giving such an opinion must be one who is qualified
in the same area involved, for example, in medicine we use medical
providers experienced in the same area of medicine as the original
provider. These persons might be orthopedic surgeons, obstetricians,
or nurses. They can address the standard required by physicians
(or other medical providers) practicing in that area of medicine
and state whether the treating physician deviated from the applicable
standard of care and how such deviation from the standard of care
caused injury.
Just because a person experienced
a bad result does not necessarily mean that there was negligence.
Or just because there was negligence does not mean that a
person was injured. The right attorney will help a potential client
by reviewing the facts with the client, reviewing the medical records,
and often discussing the case with medical experts. And just because
one attorney turns down a case, doe not necessarily mean there is
no claim. We have been successful in obtaining a recovery in cases
where other attorneys have failed to continue.
Some of the areas we handle are:
1. Negligence regarding
misdiagnosis of heart conditions
2. Negligence in surgical procedures
3. Negligent filling of prescriptions
4. Product liability matters such as defective medical products
5. Legal malpractice
6. Accounting malpractice
We will handle your case on a contingency fee basis, which means
we will get paid only if we succeed in getting a recovery for you.
If you have more questions or would like us to
review your matter over the Internet, click
here. If you prefer, please call us. We have people standing
by to discuss cases during normal business hours. (800)-222-4336
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Workers' compensation is for
people who have been injured at work. The first thing to do is notify
your employer if you have been injured while on the job.
This should be done within fourteen days of the date of the injury
to avoid any delay or denial of benefits. If the employer does not
have actual knowledge of the injury, then it is important to give
written notice of the injury to your employer.
Workers' compensation insurance should begin
to pay you for the days you miss work, except it does not have to
pay wages for the first three days of disability; however, if the
disability continues for ten days or longer, then the wage loss
is computed to the commencement of the disability. You should
receive 2/3 of your normal wages. If there is a delay, a denial,
or a refusal to pay benefits, it is time to get a lawyer. An employer
may sometimes deny benefits, claiming that the injury is not work-related,
especially if the injury is something like stress, toxic exposure,
or emotional trauma. A lawyer can help you overcome the non-work
related argument or perhaps find a source of reimbursement other
than your employer.
Even if the injury improves
and you are able to go back to your normal job and your medical
bills and wage losses are paid, you may still need a lawyer to help
you obtain a lump sum payment for any disability that qualifies
under the schedules. We have found a lot of companies not
offering this. We can work with you and your doctor to help you
obtain these benefits and a disability rating. Once you have received
that rating, you have some options available to you.
Remember, you do not have
to return to work until your doctor has determined that you are
able to work. If your doctor believes that your duties should
be limited, have the doctor spell this out very carefully, in writing,
and give it to your employer so that there is no confusion about
what you can and cannot do.
If you cannot return to your
normal job, your employer may offer you other employment. You have
fourteen days to accept the job. I you accept the job and
it pays less than your former job, the employer or insurance company
should make up the difference between the old wage and the new wage.
If a suitable job is offered to you and you do not accept it, it
can be a reason for an employer not to have to pay you any further
wage loss benefits. You should consult an attorney or a QRC, whom
we can put you in contact with, before refusing or accepting alternative
employment.
Even if your injury is not permanent, but you
cannot perform your job, you may be entitled to help from a QRC
(qualified rehabilitation counselor). We can put you in touch with
such a person to work with you. A QRC can help you to maximize your
opportunities for retraining and other Workers' Compensation benefits
under the law.
The attorneys' fees for Workers'
Compensation are set by law. We are paid only if we benefit
you. We and the QRC never charge you unless we benefit you or we
can arrange to have the employer/insurance company pay us directly.
If you have more questions about how the Workers'
Compensation system works, or want details about a case, please
click here
or just give us a call for an appointment.
(800)-222-4336
For representative cases we have handled for
injured persons, see the section on Representative Settlements
and Verdicts.
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Harassment and discrimination
are illegal and prohibited actions. There are specific provisions
for employees that protect them from discrimination due to age,
race, sex, religion, and certain disabilities.
While some people consider "dirty jokes"
amusing, they can create a hostile work environment for some employees
and can be cause for a valid lawsuit.
We have helped numerous people make it through
the maze of legal and administrative rules and regulations to achieve
a remedy, which in many cases is a compensation award.
See Settlements
and Verdicts for more details.
In such cases, we are usually paid through a
court award, a percentage of the recovery obtained,or a combination
of both.
If you want more information about your situation,
give us some of the facts by clicking
here, or call us at one of
our numbers. (800)-222-4336 or (952)-925-3202
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