Experienced Minneapolis Car Accident Lawyers

Serving Minneapolis, MN

2900 Thomas Ave S

Minneapolis, MN 55416

(651) 224-3833

https://www.minnesotainjury.com

https://goo.gl/maps/gYEyN1yUGH62

info@minnesotainjury.com

Get A Free Case Evaluation

A car accident is a complex situation, and NONE of the insurance companies are on your side-not the other driver’s and not even your own. You have many legal rights that no one will inform you about unless you have an experienced dedicated legal team on your side. This is where the attorneys and legal professionals at our law firm can make a BIG difference in your case, and in your recovery. More than that, if you are uninsured, or cannot afford health insurance deductibles or co-pays, we may be able to help you obtain the medical treatment you need – at no upfront out of pocket cost to you.

All of our consultations are completely free, so you have absolutely nothing to lose by discussing your options with a member of our team today.

Discuss Your Accident with a Minneapolis, MN Car Accident Attorney TODAY

Traffic accidents can present complex problems, especially when multiple vehicles are involved. These upsetting, complicated, stressful, and expensive situations require a compassionate, honest, and experienced legal team with real strength of character and decades of experience. Our team will make this entire process as pain-free as possible and ensure you get the best result for you and your loved ones.

Minneapolis Car Accident Lawyers believe in respect, integrity, and family values. We are a “client first” law firm with decades of experience, and we will work tirelessly to recover as much as possible on your claim. And you don’t pay us anything unless and until we win your case!

How Is Pain & Suffering Determined in Minnesota?

In the aftermath of a personal injury, many victims are left wondering what type of compensation they are entitled to. If you or someone you love has been injured due to the careless or negligent actions of another person, you could be entitled to various types of compensation, including pain and suffering damages. In the aftermath of a personal injury, pain and suffering damages can be hard to calculate. While damages like medical expenses and lost income are fairly easy to calculate, pain and suffering are not easily quantifiable.

Calculating pain and suffering damages?

There are various things that can be considered “pain and suffering” after an accident. This can include a person’s:

Mental or physical pain and suffering

Loss of companionship with a significant other

Loss of consortium of a spouse

Inconvenience

Scarring

Disfigurement

Emotional distress

Loss of enjoyment of life

There are no strict rules for determining a dollar amount for pain and suffering damages. In some cases, pain and suffering are calculated by taking the total amount of economic damages (medical expenses, lost wages, etc.) and multiplying that number by three. For example, a person who sustains $5,000 in medical bills and lost income may ask for $15,000 in pain and suffering damages.

Another method that could be used is called the per diem approach. Using this method to calculate pain and suffering, an attorney may attach a certain dollar amount to each day after an accident until the plaintiff has reached maximum recovery. For example, an attorney could ask for $100 per day. If a person does not reach full recover for 300 days, they would ask for $30,000 in pain and suffering damages.

Proving these injuries can be complicated, and an attorney may use various forms of evidence to support your claim. For example, your attorney could use:

Personal journals

Serious injuries are much more likely to see the plaintiff receive pain and suffering

damages, and a skilled attorney will be able to prove the extent of your damages.

Are there caps on pain and suffering damages in Minnesota?

Minnesota does not have any caps (limits) on how much a person can be awarded for pain and suffering after an incident. It should be noted that a person cannot generally recover pain and suffering damages following a work injury. Workers’ compensation covers a person’s medical expenses and partial income lost due to the injury.

What is the statute of limitations for these damages?

In Minnesota, the statute of limitations for personal injury claims is two years from the date the injury occurs.

What if you are partially at-fault for the incident?

Minnesota uses a modified comparative negligence system. This means that a person who 50% or more at fault for their own injuries is barred from recovering any damages in the incident. If you were determined to be less than 50% at fault, your damages will be reduced based on your percentage of fault. For example, if you are awarded $10,000 in damages but deemed to be 20% at fault for the incident, you will only receive $8,000 in damages.

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Why Take Chances? Let Us Help You!

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Steps to Take After a Minneapolis, MN Auto Collision

There is no doubt that even a minor accident can shake you up. The aftermath of a crash may involve several damaged vehicles and multiple people with injuries, including yourself. Before the authorities arrive, everyone involved may wonder what to do. While you don’t need any additional stress in this situation, there are certain things you can do to help any future claims.

Investigating and Gathering Evidence of Car Accident Liability

Sometimes, a fairly obvious cause of a crash will present itself, such as when a driver updates social media right before hitting your car or if a driver stumbles out of a car, clearly intoxicated. However, identifying the cause can often present many difficulties. This is why we have investigators and experts who work with our lawyers to help determine who was to blame and why the crash took place. Then we can gather evidence of liability for the crash and begin working to obtain the compensation you deserve for your losses. The sooner we get started, the quicker we can begin protecting your rights and recovering all of the compensation to which you are entitled.

Car accident investigations can include many steps, such as:

Examining the scene – We have investigators who work with our law firm who can visit the scene of the crash and examine any photos you or anyone else took of the crash scene. Often, there are many tell-tale signs of liability that a lesser-skilled investigator may not even notice! The damage to the cars, the angle of the collision, the tire tracks, and the road conditions can all help decipher what caused the crash to happen.

Video surveillance – In this day and age, there are cameras everywhere. They are in parking lots, outside stores and businesses, on apartment complexes, and even on some stoplights or street lights. People can also capture video evidence on their smartphones if they suspect something bad is about to happen. Our team will thoroughly investigate whether your accident was caught on video, and we will review the video carefully to gather any evidence of liability.

Digital evidence – Other digital evidence can be useful in proving negligence, especially distracted or drunk driving. If a person sent a text message or posted on a social media account just before they crashed into you, this can be highly persuasive evidence that they were looking at their phones instead of the road! Additionally, credit card statements can show that someone was at a bar or restaurant having too many drinks shortly before getting behind the wheel.

Identifying when a company may be liable can be very helpful to a car accident claim. This is because companies should have much larger insurance policies than individual drivers might have. If your injuries are particularly serious and you incurred substantial losses, the company’s policy has a much better chance of covering those losses than an individual consumer auto policy.

Once we identify the liable parties and collect necessary evidence, our lawyers then know how to skillfully present the evidence to prove your claim. We will also gather evidence of your damages, which can include:

Medical bills for past treatment

Testimony of medical professionals regarding future treatment you will need

Paystubs or timesheets showing missed work and lost income

Testimony of occupational experts regarding your inability to work for a period of time (or ever again)

Testimony of medical experts regarding the pain, suffering, and effects of your injuries and any permanent impairments, disfigurements, or disabilities

Testimony of mental health experts regarding any mental trauma or post-traumatic stress disorder (PTSD) you experienced

We gather full evidence of your damages to ensure you receive FULL compensation.

Personal Injury Lawsuits

While many car accident claims settle during the insurance process, some insurance companies simply refuse to make the right offer. This is especially true in cases involving particularly catastrophic injuries and long-term disabilities. We will never push you to accept an offer that won’t cover all of your losses. Instead, we will play hardball with the insurance company by filing a personal injury lawsuit.

Most people have never filed a lawsuit or had involvement with the civil court system before. Because of this, it’s understandable to be intimidated or nervous about filing a lawsuit. Going to court can seem daunting, and many people fear they will have to take the witness stand and testify in open court and in front of the person who hurt them.

With the right legal representation, a lawsuit is nothing to fear. Our lawyers will explain each and every aspect of the legal process to you and will handle all steps of the personal injury litigation.

Starting the Lawsuit

First, the injured person who files the lawsuit is called the “plaintiff,” and the party you file a lawsuit against is known as the “defendant.” The plaintiff’s lawyer will prepare a petition using all of the facts of the accident, as well as the law that applies to the situation at hand. There are specific requirements for the petition, so it is important to have an experienced litigator initiating your case for you.

Once you file a petition, the petition and a summons will need to be properly served on the defendant in line with the rules of civil procedure. Once the defendant has been served with the lawsuit, they will generally have about three weeks to file an answer to your petition. Almost always, the lawyer for the insurance company of the defendant will file an answer of “general denial.” This is just a standard legal answer and doesn’t mean that the defendant and the insurance company claims that your allegations are false. It does mean the defendant requires proof of your claims of liability and/or of the damages you seek. The defendant may also file motions with the court, such as a motion to dismiss the case, and your attorney will need to properly respond to those motions to request a denial by the court.

The Discovery Phase

After attorneys for both sides file all necessary and appropriate answers and motions, and if the court refuses to dismiss the case, the litigation will proceed to the “discovery” phase. This is an often lengthy phase of the case during which both sides must adhere to strict procedural rules.

During discovery, each attorney will try to learn as much as possible about the other side’s claims and the evidence and information they have to support their claims. Such evidence can include physical evidence, witness interviews and testimony, digital evidence, expert analysis and testimony, and more. There are different methods of seeking such evidence and information, including:

Interrogatories = These are written questions requesting answers about your claims, defenses, and the names of your witnesses.

Requests for production = These are written requests seeking copies of pertinent documents and other items of physical evidence.

Requests for admissions = These are written requests asking a party to admit or deny certain propositions or statements.

All of the above can be highly useful to your case. However, the other side will certainly issue the same requests of you. If you or your lawyer fails to respond to requests in time, there can be serious consequences for your case. For example, if no one responds to requests for admissions by the stated deadline, the court will assume that side admits the truth of the statements, which can mean you admit away your claim or defense. You want to ensure you have a lawyer who will always meet deadlines and properly respond to any questions regarding complex matters, such as your medical history, medical diagnosis and treatment, account of the accident, and more.

During the discovery period, both sides will also likely take depositions. A deposition involves a lawyer questioning a party or witness while they are under oath while a court reporter is present and records the testimony. While these interviews happen out of court (usually at law offices), parties can use the testimony at trial and it has the same effect as if the person being deposed testified live in front of the judge or jury. Deposition questions can be about a broad range of subjects relevant to the lawsuit, including a person’s background, education, work history, medical history, family history, and much more. Lawyers may ask you about all of the facts you remember leading up the injury. It is important to have your attorney present at all depositions so they can protect your rights and provide advice.

Common Issues In Minneapolis Truck Accident Cases

Overall, the number of deaths and serious injuries related to motor vehicle collisions has leveled off in recent years. But the large truck rate has been steadily increasing since 2009, and is now almost as high as it was in 1975 when record-keeping began.

Commercial operators are also subject to the negligence per se doctrine. Many of these tortfeasors (negligent drivers) are liable for damages as a matter of law if:

They violate a safety law, such as failing to comply with a Minnesota or federal HOS (Hours Of Service) requirement, and

The violation substantially caused the victim/plaintiff’s injuries.

In some cases, negligence per se may only be a presumption of negligence.

Evidence in Minneapolis Large Truck Crashes

Eyewitnesses, including the participants themselves, are usually the major sources of evidence in car crash cases. But not all eyewitnesses are willing to come forward, and for one reason or another, not all of them provide compelling testimony before a jury. So, attorneys often look to other sources of evidence as well, such as:

Surveillance Video: Security cameras from nearby businesses often cover many intersections, as do red-light cameras. Such evidence is particularly significant in hit-and-run claims.

Event Data Recorder: All newer cars have an EDR, which is essentially like an airplane’s black box. These devices measure and record important information like vehicle speed, steering angle, and brake application in the moments just before the crash.

Electronic Logging Device: The ELD mandate should take effect in the spring of 2018. This gadget provides nearly foolproof evidence of the amount of rest a commercial driver had in the hours before the crash.

Minneapolis victim/plaintiffs must use evidence to establish negligence by a preponderance of the evidence (more likely than not).

Damages in Minnesota Truck Crash Cases

Because of the serious nature of the injuries, compensation in these claims is often substantial. It includes money for medical bills and other economic damages as well as pain and suffering and other noneconomic damages.

Additionally, under the respondeat superior rule, the tortfeasor’s employer is often partially responsible for damages. This doctrine applies if the Minnesota tortfeasor was an employee who was acting within the course and scope of employment at the time. Both these prongs are very broadly defined. Respondeat superior and other third party liability theories are especially significant in catastrophic injury claims, because the tortfeasor may not have enough insurance coverage to fully compensate the victim/plaintiff.

Contact an Aggressive Attorney

Large truck crashes often cause serious injuries. For a free consultation with an experienced personal injury lawyer in Minnesota, contact the Minneapolis Car Accident Lawyers today, because you have a limited amount of time to act.

Motions for Summary Judgment

After both parties complete most or all of their discovery, including written requests and depositions, one or both sides may file motions for summary judgment. This is a request that the court decides in their favor as a matter of law based on either claims or defenses. Summary judgment means there are no facts in dispute for a jury to decide, so the court can rule on the matter without proceeding any further in the case.

For example, if the driver who hit you received a conviction for drunk driving or violating another safety law stemming from your accident, that can be proof the driver was “negligent per se” and you should not need to provide any additional evidence of negligence. In this case, the judge can grant your motion of summary judgment since there is no further question of liability. Often, a judge will grant summary judgment regarding liability, but then still leave open the issue of damages for the jury to decide. Our attorneys know how to file persuasive motions for summary judgment to resolve cases as early in the process as possible whenever we can.

Mediation and Settlement Negotiations

At some point during litigation but before trial, the parties may participate in an alternative dispute resolution method called mediation. Mediation is a settlement conference overseen by an experienced third-party mediator. Mediators are attorneys, often former judges, that have special training in facilitating cooperation and negotiation between the parties.

The mediation process usually starts with both sides and their lawyers together in the room with the mediator. Each side makes an opening statement and gives an overview of their claims or defenses. The mediator then goes back and forth between the parties trying to help them reach an agreement regarding how to resolve the case. If the case settles, the lawsuit is over. If the parties cannot reach a settlement, the parties cannot use anything said during the mediation proceedings against the other party, and any information from the unsuccessful mediation session remains confidential.

Even if mediation sessions are unsuccessful, your attorney can still continue to engage in settlement negotiations with the other party up until the end of a trial. Discovery can provide plenty of information that helps our legal team present a highly persuasive case in our clients’ favor. We are skilled negotiators who will continually fight for a settlement agreement that covers your losses. The large majority of personal injury lawsuits end with settlement agreements, though you want to ensure your settlement is a fair one because you cannot go back and ask for more compensation once you agree to an amount.

The Trial Process

While most car accident cases never make it into the courtroom, our attorneys always prepare as if we are going to trial. This is because if the insurance company won’t make a fair offer, we won’t hesitate to protect your rights in front of the jury!

During both direct and cross-examination, the lawyers may introduce exhibits of physical evidence and ask the witness questions about evidence. Both sides must present all testimony and evidence in accordance with the Rules of Evidence, and each lawyer should quickly object to any evidence or testimony that violates these rules. Thinking quickly during trial is ESSENTIAL to keep out any harmful evidence.

After the jury hears all the evidence, the judge will read the jury instructions, which informs the jury of the law relating to the case. This includes the burden of proof of the plaintiff, which is proving liability and damages by a preponderance of the evidence. This means the jury must think it is more likely than not that the plaintiff’s claims are true. Each lawyer can then make a closing argument to the jury before the jury retires to the jury room to begin their deliberations. When the jury reaches a verdict, they will read the decision in court. This decision is out of your hands, so you need to make sure you have the RIGHT representation during your trial!

While the litigation process can include many other motions and hearings, the above is a basic overview of some of the procedures that occur in most personal injury cases. As you can see, there are many complicated rules for a personal injury lawsuit. But with our team on your side, you won’t have to worry about them. Let US do all the work for YOU!

All litigation is complex, and car accident cases are no exception. While the large majority of car accident lawsuits will not ever make it to trial, you need a skilled litigator to handle discovery and settlement negotiations. With the right law firm in your corner, the insurance company will often agree to a fair settlement to avoid the need for further litigation.

The best way to learn about the many ways our law firm can help is to call and discuss your individual circumstances with a member of our team.

Contact Our Experienced Minneapolis, MN Auto Crash Attorneys Right Away!

If you were in a car collision or lost a loved one, speak to the skilled Minneapolis, MN auto accident legal team at Minneapolis Car Accident Lawyers, to discuss your case, determine if anyone is liable for your damages, and fight for maximum compensation on your behalf. The auto collision team at Minneapolis Car Accident Lawyers, understands how to investigate your case, work with the insurance company to get all of the compensation you deserve—and when the insurance company refuses to reach a settlement, file a lawsuit on your behalf. Texas auto accident laws can prove complicated and difficult to navigate. You want the team of auto collision attorneys and legal professionals at Minneapolis Car Accident Lawyers, to protect your rights as well as the rights of your loved ones.

The legal team of Minneapolis Car Accident Lawyers, is nationally recognized for protecting the rights of car accident victims for years. If you were injured in an automobile accident in Minneapolis, MN, call our office right now to schedule a free consultation! Because we take all of our personal injury cases on a contingency fee basis, you will not owe us a DIME unless we win your case.

Get Answers to Your Questions From an Experienced Houston Car Accident Lawyer

It is only natural to have many questions after a car accident. After all, our legal system doesn’t make it easy for victims to know their rights. There are many laws involved in car crash claims, and your best legal options will depend on your specific situation. Allow our legal professionals to evaluate your situation and advise you of the best way to proceed.

At the law firm of Minneapolis Car Accident Lawyers, we pride ourselves on being honest and straightforward with every potential client. Our goal is to protect your rights, and you can count on us to never back down when it comes to our clients’ best interests. Don’t wait to call us to begin learning about your rights and options today!

Contact Details

McEwen & Kestner, Minneapolis Car Accident Lawyers

2900 Thomas Ave S

Minneapolis, MN 55416

(651) 224-3833

https://www.minnesotainjury.com

https://goo.gl/maps/gYEyN1yUGH62

info@minnesotainjury.com

Website: https://www.minnesotainjury.com/truck-accident-attorneys

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