Minnesota Attorney Blog : Minnesota Lawyer & Attorney : Aaron Hall : Twin Cities Law Firm : Minneapolis, St. Paul MN : Business Litigation, Personal Injury, Intellectual Property

Many times people struggle with what to do if they are injured by the negligence of a friend or family member.  It can strain a relationship to sue someone, to say the least.  What most people recognize, however, is that your friend or family member’s insurance company will likely handle the case.  People purchase insurance for precisely that reason: To defend and indemnify them if they are injured or sued.  With a little insight into how insurers handle the process, you can better prepare for filing a claim.

Identifying the Insurer

The first step to filing a claim is determining which insurer to put on notice.  If you were involved in an auto accident, you should obtain the insurance policy information for the at-fault driver.  This can be an awkward situation if the driver is a friend or family member, but remember that the purpose of insurance is to take care of claims.  If you are injured while visiting a home, condo, or apartment, you will need to put the homeowner’s or renter’s insurer on notice.  If you are in a public or common area at a condo or apartment, you may also need to notify the property manager and its insurer.  Once you have retained an attorney, he or she will send a letter of representation to the insurance company advising it of your potential claim and notifying the company to contact your attorney rather than you directly.  In order to send the letter of representation, however, the attorney must know who the correct insurer is.

Setting Reserves

Insurers like to start investigating potential claims as soon as possible.  Don’t be surprised if they want to interview you or even get copies of your medical records.  Insurers do something called “setting reserves” for claims.  This means that they estimate the value of your potential claim so they can hold funds in case they pay for the claim.  It is important that you provide honest and complete details about your injury early so that the insurance company can set accurate  reserves.  If you undervalue your claim, it will make it very difficult later to recover a fair amount for your injuries.  An experienced attorney can help position your case to maximize its value from the start.

Delay

Insurance companies make their money by holding and investing funds.  Thus it is common for insurers to delay on paying liability claims, even totally legitimate claims.  An experienced personal injury attorney can help speed up the process for you by working with the insurance adjustor.  Contact an attorney at Twin Cities Law Firm if you have suffered an injury.

• Email This
• Print
• Comments
• Trackbacks

Choosing a daycare professional can be a difficult decision.  It is hard for many parents to trust a stranger to care for their children.  If a parent later discovers that the daycare has abused, mistreated, or neglected their child, it can be very traumatic.  Parents may feel guilt about entrusting their child to the daycare and anger over the treatment of their child.  If your child has been the victim of daycare abuse or neglect, you may wish to contact a lawyer.

Daycare Negligence Claims

There are many claims that can arise out of a daycare’s treatment of your child.  If your son or daughter has special dietary or medical needs, the failure to attend to those needs may be negligent.  It is also important for daycare providers to make sure they provide safe facilities.  If your child is injured by a dangerous condition at the daycare, you may have a claim.  Sometimes daycare providers fail to appropriately screen or train employees, which can also result in claims.  It is not acceptable for daycare providers to use any sort of physical discipline with children.  You might have a claim for assault if your child was spanked, slapped, or in any other way abused by a daycare provider.  It is also not unheard of for daycare providers to have too many children and not enough staff to provide appropriate care.  If your child has been neglected and has developed problems, you may have a claim.

Contact an Attorney

If your child has been mistreated, abused, injured, or neglected by a daycare provider, consider contacting an attorney.  The lawyers at Twin Cities Law Firm can help you investigate whether you have a claim and can help you pursue your claims.

• Email This
• Print
• Comments
• Trackbacks

It seems like every time you turn on the news you hear about another drug or medical device that has been recalled from the market.  There are hundreds of pharmaceuticals in use that have dangerous side effects that were not disclosed to doctors or patients.  Here are some recent examples:

•              Vioxx: Perhaps the most famous drug case in recent years is the painkiller Vioxx.  Hundreds of people suffered heart attacks and other cardiac problems as a result of taking the drug.  The manufacturer of the drug knew about the risks, but did not do enough to warn doctors or patients.

•              Prempro/Hormone Replacement Therapy: Thousands of women take some sort of hormone replacement therapy during menopause.  In 2003, a government-sponsored study was released that showed a significant increase in heart attack, cardiac problems, and breast cancer among users of HRT.  Once again, the manufacturer was aware of these risks long before the study was released, but failed to warn doctors or patients.

•              Raptiva: In 2009, the FDA issued a warning that Raptiva, a psorias drug, can cause progressive multifocal leukoencephalopathy (PML), a rare brain infection.

Other drugs and devices include Digitek, Levaquin, Kugel mesh hernia patch, shoulder pain pumps, duragesic pain patches, Bextra, Fosamax, and Guidant defibrilators.

Drug Recall Lawyers

There are hundreds of websites sponsored by lawyers or law firms that provide basic information about drug recalls and side effects.  It is important to keep in mind that these websites are not designed to provide medical advice.  Contact your doctor or medical provider with questions about your health and whether you should continue to use a medication.

With the thousands of lawyers all over the country handling these sorts of cases, how do you find the right lawyer for you?  Experience and  relationships count.  While there are hundreds of lawyers taking Vioxx cases, very few lawyers are actually arguing the cases in court.  When you have been injured, you deserve representation by an attorney who knows the case well, understands the issues, and is familiar with the court procedures to get your case filed.  Often when there are thousands of similar cases all over the country, federal courts will consolidate cases in one court (Multi-District Litigation).  This allows one judge to manage the process and makes sure that all cases are treated equally.  Make sure your attorney is familiar with this process and can handle your case correctly.

Twin Cities Law Firm has relationships with attorneys all over the country who specialize in drug and medical device cases.  We can help you find the most experienced, qualified lawyer to handle your case.  Contact us today.

• Email This
• Print
• Comments
• Trackbacks

Perhaps you have seen the commercials on TV with the people yelling “It’s my money and I want it NOW.” The ads are targeted towards people who are involved in personal injury lawsuits who are expecting settlements. They also apply to people who have what are called structured settlements - basically meaning that your settlement is paid out over time like an annuity.

Why Lawsuit or Judgment Settlement Loans are a Bad Idea

If you are tight for money, these loans can seem very appealing. You may be able to get some money for your claim before you have even reached a settlement. Sometimes the companies promise that if you do not reach a settlement, you will not have to repay anything. If you have a structured settlement with a long term payment plan, it can also be tempting to take money up front and trade your long term interest.

Stop! Don’t do it!

Here’s an example from a prior client: she took a dangerous medication that caused her to have a dangerous blood clot. She filed a claim against the drug manufacturer. Shortly after she filed the claim, she got a loan from one of these companies for $9,000. The loan was based on her expected settlement. Two years later we reached a settlement with the drug company for $75,000. The loan company gave us an amount our client owed on that $9,000 loan from two years earlier — $32,000!!! The amount of her debt had more than tripled because of how they calculated the interest on the loan. After repaying the debt along with attorney’s fees and expenses, our client received very little money.

What about a structured settlement? You receive pennies on the dollar for the value of your settlement. The loan company gives you a reduced value for your settlement and then it receives the full value of the annuity.

Work with a Lawyer you Trust
If you have a personal injury claim, contact a lawyer you trust. They will help you through the process and negotiate a settlement to meet your needs - or go to trial. It is important that you trust your lawyer to advise you not only about your claim, but also about any settlement or its terms. Most lawyers can help direct you towards financial planners that can help you with settlement terms. They will not encourage you to take any sort of loan on your settlement. 

• Email This
• Print
• Comments
• Trackbacks

Minnesota Auto Insurance Law

Minnesota requires all drivers to maintain a minimum level of liability insurance in order to operate a vehicle.  Most people do have at least the minimum coverage of $30,000 and many have even more coverage.  What is the benefit of requiring insurance?  Car accidents are an inevitable part of driving.  No matter how careful you are, you may still be the victim of an accident.  If everyone has insurance, your basic injury and property damage claims should be paid.  But what happens if you are hit by one of the people who does not have insurance?

See what the coverage is for uninsured/underinsured motorists after the jump.

• Email This
• Print
• Comments
• Trackbacks