Getting rear-ended while on your motorcycle can cause severe injuries and property damage. The car that hit you isn’t always at fault, and you should know what to do if your motorcycle is hit by a car from behind in Minnesota. The steps you take following your accident can greatly affect your ability to collect fair compensation.

There are several things you should do immediately following a motorcycle accident. You may not feel like you have serious injuries, but get checked out at urgent care or by your primary care physician anyway. You may have a serious condition you don’t feel yet, like internal bleeding, that could result in death without prompt medical attention.

Seven Steps to take if Your Motorcycle is Hit from Behind

Taking action after a car hits your motorcycle from behind should always start with your safety. If you can, get yourself off the road to a spot of safety. Be careful of standing on the shoulder, as cars trying to maneuver around your accident may drive there. Once you are safe, take the following steps:

1. Call 911 or seek medical attention elsewhere quickly.
2. Ask the driver for their information.
3. If a police officer asks you questions, be polite but keep your answers short. Information you give at the scene could be twisted and used against you when fault is assigned for your accident.
4. Take pictures of the damage to your motorcycle and the other vehicle, the accident scene, and your injuries. Take video footage if possible.
5. Ask eyewitnesses for their names and contact information.
6. Avoid too much conversation with the other driver, and do not mention fault. If it seems like the accident could lead to a confrontation, stay away from the other driver until the police arrive.
7. Hire an experienced motorcycle accident lawyer to help you with your case. Get any necessary records to bolster your claim, such as recent service records for your motorcycle that show it was in good working condition.

Taking these steps can help your motorcycle accident lawyer prove during settlement negotiations and in court that you deserve to collect damages when your motorcycle is rear-ended by a car.

Five Steps Attorneys Take in Motorcycle Rear-End Collision Cases

Every step of working toward getting rightful damages for your motorcycle accident is critical. Remember that you and your attorney will likely be taking on deep-pocketed insurance companies who are in business to make money. This often means using tactics designed to keep settlements low. To help prepare your case, your motorcycle accident attorney will take steps such as:

1. Investigation

To investigate your case, your attorney will examine the crash scene and secure any available security videos. They will review police reports, interview witnesses, and gather other information about your case.

Your lawyer may have to ask you some hard questions and will want you to ask questions. You must have a personal injury attorney with a good reputation for excellent communication.

2. Identification of Liable Parties

Some accidents involving rear-end collisions are straightforward, and others require a skilled attorney to sort out who to name in your claim for damages. The car’s driver may be responsible, but so could a third party, such as the company owner, if the driver was making deliveries.

The manufacturer of the car or your motorcycle could be liable if there were defects.

Sorting out who to name in your lawsuit is critical, as leaving someone out could leave less blame to assign. This could significantly reduce your compensation.

3. Determining Your Injuries and Other Damages

In a rear-end collision, you could suffer both economic and non-economic damages. Economic damages include current and future medical expenses, property damage, lost wages, and loss of future earnings. Minnesota law also allows you to collect for non-economic damages such as scarring and disfigurement, pain and suffering, and loss of consortium.

4. Settlement Negotiations

Many motorcycle accidents never reach court because the two sides agree on a settlement. This doesn’t mean the process is easy. Our personal injury lawyers will take every call and meeting with the insurance companies of liable parties, so you don’t have to. Protecting your interests is our top priority.

5. Trial, if Necessary

If we cannot settle your motorcycle accident case, we will be thoroughly prepared to take your case to court and secure the maximum compensation possible.

We take pride in our preparation and presentation and will gather expert witnesses and prepare you for depositions and court appearances when necessary. We leave no stone unturned when building you the strongest case possible.

Who Is at Fault in a Rear-End Collision in Minnesota?

In many accidents involving rear-end collisions, the second vehicle’s driver is at least partly, if not entirely, at fault. Common reasons drivers hit vehicles in front of them include the following:

• Failure to leave enough distance to stop
• Not taking extra precautions in bad weather
• Failure to see a red light
• Hitting the gas instead of the brake
• Distracted driving
• A general failure to watch for motorcycles in addition to other, larger vehicles.

The Minnesota Department of Public Safety provides information about how cars and motorcycles can safely share the road.

Is the Other Driver Always at Fault if you are Rear-Ended?

A third party might be at fault when the car behind you hits your motorcycle. A chain reaction accident is an example of when you might seek damages from someone other than the driver who hit you.

Suppose the driver behind you maintained a safe distance but was hit from behind by a second vehicle. In that case, that second vehicle’s driver might be liable for damages to both cars and your motorcycle. Sometimes, a third party and the driver behind you can be liable for your damages.

You might even be responsible for your collision if you were intoxicated and driving erratically or experienced a mechanical breakdown that led to an abrupt stop. You might also be liable if your brake lights are not working properly.

So, who is at fault in a rear-end collision in Minnesota? That depends on several factors that an experienced motorcycle accident lawyer can help you sort out. Doing so ensures you don’t miss out on collecting from everyone responsible for your damage.

How Does Your Attorney Prove Your Case When Your Motorcycle Is Hit from Behind?

Your attorney must establish that the other driver was negligent. In other words, they didn’t exercise the care someone else would reasonably exercise in the same situation. There are four elements in establishing negligence, including:

• Duty of care
• Breach of that duty
• Injury or harm resulting from that breach
• Cause, meaning the accident caused your injuries or harm.

Once your attorney has established negligence, they can work with you on finding the amount of compensation that will cover all of your damages. They must sort out who is at fault in your accident to get to a fair amount.

Minnesota Negligence Standard

States use different models to determine who can recover in negligence cases. Minnesota uses a modified comparative negligence standard. Based on the facts of your case, a percentage of the fault is assigned to you and to the other driver. Your damages are then determined based on that percentage. For example, if the total damages were $100,000 and you were 30% at fault, you could collect $70,000.

You cannot collect if you are more than 50% responsible for your accident. Insurance companies on the defense side know this standard and will always answer “no” to the question, “Is the other driver always at fault if you are rear-ended?” Their goal is to minimize their payout, so never talk to them without having your attorney present to stand up to their tactics.

How Long Do I Have to Make a Legal Claim for My Motorcycle Accident?

For most motorcycle accident cases, you must file your claim within six years from the accident date. There are exceptions to the statute of limitations for motorcycle accidents for people who are under the age of 18 or who are legally insane.

It is essential to consult a motorcycle accident attorney as quickly as possible following your accident to ensure you don’t miss the filing deadline. Doing so would likely result in your case being thrown out, with no chance for compensation, even if the car’s driver was clearly at fault.

Get Help from Experienced Minnesota Motorcycle Accident Attorneys Who Will Fight for You

Even if you take every safety precaution when you are out on your motorcycle, you still have to worry about the careless driving of others. If your motorcycle is rear-ended by a car, you need a skilled attorney with comprehensive knowledge of Minnesota personal injury law and the tenacity to stand up to insurance companies.

Our motorcycle accident attorneys at Tyroler Leonard Injury law take great pride in our successful work in securing fair compensation for our clients through verdicts and settlements. Clients always come first for us, and we will spend as much time as necessary building your case, explaining the process to you, and fighting on your behalf. Call us for a free consultation at 651-259-1113.

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If you are injured by someone else and plan to file a personal injury case, it will likely involve negligence in some way.

As an accident victim, it’s important to understand what negligence is.

Negligence refers to the concept that the person who caused the accident you were in owed you some level of care. The accident and your resulting injuries were caused because the person didn’t exercise the required level of care. Negligence also involves showing that you experienced some type of damage (i.e., money lost).

Understanding certain concepts are important if you are involved in this type of situation. These concepts include:

• How do you prove negligence in an injury case?
• Is it hard to prove negligence?
• How is negligence determined?

Keep reading to find all the answers to these questions and more.

Why Is It So Important to Prove Negligence?

For personal injury cases, it’s not about what you say happened; instead, it’s about what you can do to prove your case. If you don’t have sufficient evidence to prove your story, then it’s like it didn’t happen . . . at least in the eyes of the legal system.

This is the reason it is so important to prove fault. No insurance company wants to make a payment based just on someone’s story that they were harmed.

Personal Injury Claims and the Burden of Proof

If you are trying to prove that someone breached their duty of care and that this resulted in injuries and damages, you must have evidence. Evidence shows that your injury happened the way you said it did and that someone else is responsible.

Compared to criminal law cases, this is considered a lower standard. In criminal cases, it’s up to the prosecution to prove the person is guilty beyond a reasonable doubt.

While there’s a lower standard, it’s necessary to ensure you have sufficient evidence to show that the legal duty a defendant had was breached.

Judgment of the Defendant’s Actions

The standard used to determine whether the defendant is at fault for your injury compares what they did (their actions) to what a reasonable person would do in a similar situation.

It’s necessary to argue what a responsible individual would do in similar situations and then compare those actions to what the defendant did in the case.

With this legal principle, it’s necessary to show that the defendant did not uphold their duty of care because their actions were considered unreasonable compared to what a “normal person” would do. You must show that a reasonable person would have acted differently.

The Position of the Defendant in Your Personal Injury Case

The position of the defendant in any negligence case is that they showed a level of care that was expected of them. They would also make the argument they did not do what you have claimed.

On the other hand, the individual may admit what they did and what you have accused them of but may claim they did not breach their duty. If you have solid evidence, it means that you have more than a case of “he said, she said.”

Type of Evidence That Can be Used to Prove Negligence in Your Personal Injury Claim

Now that you know more about negligence and how it is used in personal injury cases, it’s time to move on to the next step – proving negligence. To do this, you must gather proof of what the defendant did.

You need to provide the insurance adjuster, judge, or jury with proof of what happened to you.

In a slip and fall claim, for example, you need to provide proof that shows what the conditions were like when your accident and injury took place.

For claims that involve a car accident, you must have proof of what the driver was doing when the accident occurred. This includes things like using their phone, making an illegal turn, speeding, or something else that resulted in the accident.

Considering What a “Reasonable” Person Would Do in the Same Situation

The legal obligation of a defendant is not to provide a guarantee for your personal safety or to prevent any potential accident that may occur. However, they are required to exercise a certain level of care.

It’s important that you (with the help of your personal injury lawyer) show how their actions differed from what a reasonable individual would do. An example of this can be seen in medical malpractice cases.

Some of the evidence that is used in these cases include showing what another doctor would have done or the actions they would take in a similar situation. At this point, it’s your lawyer’s job to create a comparison that shows how and where the doctor did not achieve this level of care.

For a car accident case, reasonable drivers must follow all “rules of the road,” which include driving safely and not exceeding the set speed limit.

When it comes to presenting evidence in a personal injury case, it is all about showing that the duty of care was breached rather than showing that the person had a duty to you. Most drivers are presumed to have a duty of care to every other driver who is on the road.

Types of Evidence That May be Beneficial in Your Personal Injury Claim

Some of the types of evidence that you may be able to use to help prove fault in your personal injury case includes:

• Pictures that show dangerous or hazardous conditions
• Testimony from witnesses
• Video surveillance
• Records and maintenance logs.

Proving Fault and Negligence in a Personal Injury Claim

As you can see, proving negligence in a personal injury claim can be complex. Because of this, it is recommended that you hire an experienced personal injury attorney. Doing this will help ensure that you get the quality representation you need and gather the necessary evidence to prove your case. For more information, get in touch with our personal injury lawyers at Tyroler Leonard Injury Law by calling (651) 259-1113. We can help you with your case and prove negligence.

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Minnesota is considered a no-fault insurance state. This means that if you are injured in a car accident, you receive coverage for medical costs up to your insurance policy limits without having to file a lawsuit or prove that someone else was to blame.

Due to how no-fault insurance states work, you may wonder – can you sue for pain and suffering after a car accident?

This is a good question, and the answer is yes. You can pursue a legal settlement for your accident-related losses, which includes compensation for pain and suffering if you meet the law’s required criteria. Keep reading to find out more about this and your rights.

If you wonder, “how much do you get for pain and suffering,” the answer varies based on the severity and type of injuries you sustained. Hiring a car accident attorney will also help you better understand your rights.

How Much Can You Recover for Pain and Suffering from a Car Accident?

The amount of compensation you receive for pain and suffering will cover all types of injuries, including mental anguish and physical pain. This may also include fright and suffering you experience from trauma and other emotional or mental problems that may last long-term, like depression, anxiety, shock, and nervousness. In some cases, the compensation can be used to cover things like embarrassment, indignity, and humiliation that your accident-related injuries may cause.

In a successful lawsuit, it may also be possible for you to recover compensation for monetary costs. This includes things like damaged property, lost wages if you can’t work, and rehabilitation or medical costs. Since these types of damages will have a specific value, you will receive compensation based on this amount.

Receiving compensation for pain and suffering is different, though. They don’t have a set dollar amount and are more challenging to calculate. Hiring car accident attorneys to help with this will ensure you receive a fair amount of compensation for your pain and suffering. In many cases, the awards you receive will exceed the total amount of economic damages and could range from a few thousand dollars to several million.

The amount you ultimately receive depends on the circumstances of your case. Because of this, there’s no set or general standard to determine pain and suffering. Even though this is the case, certain factors will be considered when determining your compensation for pain and suffering. Some of these factors include:

• The severity, permanence, and extent of the injuries
• Whether you need long-term care for your injuries
• Your family responsibilities, earning capacity, and age
• The impact on your social life, hobbies, marital relationship, enjoyment of life, and more
• Disfigurement, like the loss of a limb or scarring
• Whether your pain impacts your ability to work or earn money
• Indignity or embarrassment you experienced because of the injuries
• Limitations on your ability to handle daily tasks, such as cooking, sleeping, cleaning, doing housework, and getting dressed
• Emotional problems or mental anguish and whether they are likely to continue down the road.

There are no caps or limits on what you can receive for pain and suffering in Minnesota. That means you can get what is fair based on negotiations by your lawyer.

Since the pain and suffering you experience will be unique from anyone else’s, the attorney for the other party may attempt to minimize yours. You need to keep track of your pain and the emotional distress you experience, take videos and photos of your injuries, and even keep a journal to record information about:

• Pain levels, location of pain, and frequency of pain
• Negative emotions or thoughts and mental anguish
• Concerns about your family, finances, and health
• Impact on your relationships, social life, family, or work
• Indignity and embarrassment you were caused because of the injury
• Effects on your general health and sleep.

The more pain and suffering you experience and the more permanent your symptoms are, the higher the value of your case will be. Having a car accident attorney helping you with your claim means you have someone who will go beyond your medical records and reach out to doctors to talk about whether you are going to have long-term issues due to the accident and injuries. This type of evidence will help to increase what you receive for the pain and suffering you experience because of your accident-related injury.

Why Hiring an Attorney to Help You Recover Compensation for Accident-Related Pain and Suffering Is a Smart Move

With no fixed dollar amounts for pain and suffering, your attorney’s skill is important in ensuring you receive the maximum amount of compensation possible. Hiring an experienced attorney is essential to prove the other party was at fault and that they should be held responsible for your injuries and damages.

The attorney you hire will also interview witnesses and seek expert testimony when necessary. They can also negotiate with the insurance companies to help ensure you receive the maximum compensation possible.

Most accident cases are settled without going to court; however, a quality attorney will have no problem taking your case to trial if needed.

An attorney can help your case in the following ways:

• Determine the worth of your damages, including pain and suffering
• Prepare a “demand letter” to help you recover compensation
• Gather evidence
• Interview witnesses
• Obtain related medical records
• Fill out needed paperwork
• Consult with expert witnesses to prove your pain and suffering
• Take your case to trial.

Receiving the maximum amount of compensation for pain and suffering after an accident can be challenging. While this is true, you can get what you need with the right attorney and feel confident that your rights are being protected.

If you would like to discuss your situation, contact our legal team at Tyroler Leonard Injury Law by calling (651) 259-1113.

The post Can You Sue for Pain and Suffering After a Car Accident? appeared first on Tyroler Leonard Injury Law.

One of the items you try to get after an accident is a copy of the police report. The report gives your legal team a good starting place for their accident investigation. But what happens if a car accident police report is wrong? Police officers can only use the information presented to them to compile the police report. It’s more of an opinion than a statement of facts, since the officer most likely did not actually see what happened.

What is in a Police Report?

The report contains several pieces of information that could help during an accident investigation, including:

• The names and contact information of those involved in the accident
• Witnesses and their contact information
• Vehicle descriptions
• A commentary of what happened based on what those involved in the accident told the police officer
• Laws broken (such as running a red light), if any, by those involved in the wreck
• Date, time and location of the accident.

What is in a police report sounds pretty straightforward, but in some cases, the officer gets it wrong. He or she might receive incorrect information from the other drivers or witnesses. Your name might be spelled wrong, or the VIN could have an error.

The officer can only put into the report the information he has gleaned after the fact, and that includes what the various parties involved tell him. However, if the other party lies or remembers the incident incorrectly, you can’t blame the officer since they did not see the accident firsthand.

How to Obtain a Copy of the Police Report

One of the first things insurance companies ask for is a copy of the police report. However, before handing it over, you should ensure that all information is correct. Generally, you can obtain a copy of the police report by visiting the police station and asking for it.

You can also obtain copies of your police report in Minnesota and Wisconsin online.

What to Do if You See an Error on Your Police Report

If you need the police to make changes to the police report, contact the officer who wrote the report. You will need to prove that the information is incorrect. For example, if the officer mixed up the VINs, it’s a simple process of providing a copy of the title or registration to the officer. If there is a mistake in the spelling of your name, providing a copy of your license can rectify that. What do do when you see an error in your police report in cases like this is pretty clear.

However, if the officer wrote down that you ran a red light when you know you did not, you will have a harder time getting that information changed. You will need extensive evidence showing that you did not run the red light. If you had a dashcam showing video of the minutes prior to the accident, including your stopping for the red light, you might be able to convince the officer to change the report.

The best way to deal with an incorrect police report is to contact a car accident attorney and let them help.

Why You Should Correct the Police Report

If you or your attorneys can correct the police report, you have a better chance of recovering the compensation you deserve. Keep in mind that the police are not investigators and can only report what you, the other drivers and witnesses tell them. Your attorney can hire forensic accident investigators to investigate the report.

While there are many reasons to contact a car accident lawyer as soon as possible after an accident, the investigation is a major reason. Even if the police report is correct, your attorney will want an investigation into the accident to help prove your case.

Evidence tends to disappear. Whether unintentional or not, missing evidence makes it more difficult to win your case. The missing evidence might be the evidence needed to prove that the police report is incorrect.

Evidence also helps you win your case. It can show if the defendant lied about what happened in the accident. Many factors can destroy evidence, including:

• The weather could erode evidence at the scene.
• A defendant could repair his or her vehicle because their attorney advised them to, or the police said it was okay to repair it.
• A defendant could repair his vehicle to hide evidence that he caused the accident.
• The police could inadvertently destroy evidence by leaving a vehicle in an impound lot unprotected from the elements.

Once the evidence has been destroyed, it is difficult to correct a police report. It is also difficult to prove that you were not at fault for the accident that caused your damages.

If the attorneys have nothing else to go on except the incorrect police report, you could lose your case or recover a partial award instead of the award you deserve.

The Scope of Losing Damages: What Happens if a Police Accident Report is Wrong?

The amount of damages you could lose could mean the difference between paying for medical expenses for a few months or years or the rest of your life after a catastrophic accident. If the accident was not your fault, but you do not have evidence showing otherwise, and the police report shows that you were at fault because the officer relied on incorrect statements from witnesses, you might not recover any damages.

If the court determines that you were partially at fault and you have no evidence to prove otherwise, and the police report incorrectly says you ran a red light and hit the defendant who was traveling at 120 mph, the amount you might receive could be significantly lower. Whereas you could have recovered enough for ongoing treatments for a traumatic brain injury if you were able to show that you did not run the red light, you might recover enough for treatments for only a few years instead.

As soon as you or a loved one notices something wrong with the police report, contact a car accident attorney. Do not wait, as investigators will need to access the accident scene and vehicles involved before evidence is destroyed.

What Happens if You Lie on an Accident Report?

The person who lies on an accident report could face criminal charges in addition to having to pay damages to those injured in the accident. Those in accidents often hire lawyers and investigators to investigate the accident.

One of the first things an accident victim does is to obtain a copy of the police report, so he or she will notice if something is not correct and will most likely get an attorney involved.

If you suffered injuries or lost a loved one in an accident and you believe that the other driver involved lied on the police car accident report, contact a car accident lawyer at Tyroler Leonard Injury Law as soon as possible for a free case evaluation.

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Whether you were injured in a car crash, slip and fall, or sports accident, sustaining a concussion or serious head trauma can be a frightening experience. It can mean large medical bills, time off work, and other cognitive problems like loss of memory and speech impediments. So you may be wondering, “can I sue for a concussion?” The answer is, yes, in many cases.

Courts recognize an individuals’ rights to collect financial damages in personal injury lawsuits, especially if their injury was caused by someone else’s negligence or recklessness. How much you might receive in compensation depends on the severity of your injuries, how many defendants there are, the facts in the case, and the skill of the head injury lawyer you hire.

Different Types of Head Injuries

1. Concussion. A concussion is an injury to the head that may cause instant loss of awareness or alertness for a few minutes or a few hours.
2. Skull Fracture. This is a break in the skull bone. The four major types of skull fractures include:

• Linear skull fractures
• Diastatic skull fractures
• Depressed skull fractures
• Basilar skull fracture

3. Intracranial hematoma (ICH). These are blood clots in or around the brain, and they can range from mild to potentially life-threatening injuries. The different types include:

• Epidural hematoma
• Subdural hematoma
• Contusion or intracerebral hematoma
• Diffuse axonal injury (DAI)

How to Prove a Concussion

IF YOU SUE FOR A CONCUSSION, YOU MUST PROVE CERTAIN ELEMENTS.

If you’re wondering how to prove a concussion, the answer is somewhat complex. A skilled attorney can help you prove your case. First, you will have to prove the actual injury – medical records, x-rays and other tests, a police report (if applicable), and other documentation will be used to show the nature of your injuries. Next, your attorney will have to prove the defendant was “negligent.”

There are four elements your attorney will have to show to prove negligence. These include:

1. Duty

– the defendant had a duty to be cognizant of the safety of others.

2. Breach – the defendant breached or disregarded this duty.
3. Causation – the defendant’s disregard for your safety caused your injury.
4. Harm – you suffered actual harm (physical, financial, etc.) resulting from the defendant’s carelessness.

Building a Lawsuit for Concussion

When pursuing damages in a lawsuit for concussion, there are several steps a skilled lawyer will take in reviewing the facts and building the best case possible. Your attorney may examine and pursue the following:

• Police report (if applicable)
• Accident scene investigation
• Medical records
• Eyewitness interviews
• Photographs of injuries and accident site
• Physical evidence
• Expert witness to testify
• Analysis of legal statutes and case law

If you’ve been injured in a FedEx truck crash, you could be entitled to economic and non-economic damages, including:

• Medical costs (current and future)
• Lost wages
• Loss of future earnings
• Pain and suffering
• Loss of consortium
• Emotional distress (including trauma, humiliation, and disfigurement).

After reviewing these elements, your attorney can craft a narrative and build a strong case on your behalf. Next, he or she will likely pursue:

Negotiation
Your lawyer will negotiate aggressively with the insurer or insurer’s attorney to determine if a satisfactory financial settlement can be reached to compensate you for your injury and losses.

Litigation (if necessary)
Your lawyer may recommend going to trial to let a judge and jury decide your case if he feels that the plaintiff is low-balling your offer and is unwilling to negotiate a fair settlement.

Damages You May Be Entitled To

A LAWSUIT FOR CONCUSSION MAY RESULT IN FINANCIAL COMPENSATION.

If your attorney can prove your case, you may be entitled to a variety of damages. Generally, they fall into two categories – economic and non-economic.

Economic Damages
(out-of-pocket losses)

• Current and future medical bills and rehabilitation
• Lost wages
• Loss of future earnings potential
• Property damage

Punitive Damages
(optional, at the discretion of the judge)

• In some cases when the disregard for human safety is so egregious or negligent, a judge can impose punitive damages on a defendant, which are meant as punishment. Punitive damages are also intended to send a warning to future potential wrongdoers.

Any payments you receive from “collateral sources,” such as short-term disability income or health insurance, may also affect your jury award. In Minnesota, an award an injured individual receives may be reduced under Minnesota’s collateral source rule.

Minnesota Shared Fault Rule

WHEN YOU SUE FOR A CONCUSSION, FAULT MUST BE DETERMINED.

Minnesota follows a rule known as “shared fault” or “modified comparative fault.” This means courts recognize that in many injury accidents, more than one party may be at fault. When this happens, the court will determine the amount of responsibility that each party bears based on the unique facts in the case. As long as your share of responsibility is 50% or less, you would be entitled to collect damages for your injury.

For example, if you fell on an escalator at a department store and suffered a concussion, you could file a personal injury lawsuit because the store owner did a poor job of maintaining the escalator and it was unsafe. However, let’s say you were running up the escalator, hopping two stairs at a time. In this case, a judge might find that you were 30% at fault for the accident and the store owner was 70% at fault. If the award was for $30,000, then the portion you would receive would be reduced by 30% ($21,000).

Statute of Limitations on Filing a Lawsuit for Concussion

The statute of limitations, in most cases, for concussion claims caused by negligence is six years in Minnesota.

The 6-year statute of limitations for personal injury lawsuits is codified at Minnesota Statutes section 541.05. There are a few exceptions to this time frame, which a skilled personal injury attorney can explain to you.

Contact Tyroler Leonard Injury Law Today

If you’ve suffered a concussion due to an accident, you may be entitled to financial compensation. This is especially true if the accident was caused by someone else’s carelessness or negligence. Whether you slipped and fell in a store, sustained a concussion on the job, or were hit by falling debris at a concert or stadium, you likely have mounting medical bills and are experiencing other setbacks. A brain injury lawyer at Tyroler Leonard Injury Law can help you get the justice you deserve. To find out more, call us for a free initial consultation at 651-259-1113. We are here for you.

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With the growth of online shopping, delivery trucks are appearing everywhere — from suburban neighborhoods to city intersections to rural roadways. With the abundance of delivery trucks – FedEx, UPS, Amazon, and DHL, among others – there are bound to be accidents. So you may be wondering what to do if a FedEx truck hits your car.

First, don’t panic. Assess your injuries and seek medical attention right away. Call 911 and ask for police to respond to the scene. Be sure to get the other driver’s license information. We’ll discuss additional steps to take later in this blog.

If you’ve been injured, you may be entitled to financial compensation, especially if the crash was due to a defendant’s negligence and carelessness. Truck crashes can be caused by:

• Distracted driving (texting, talking on the phone, adjusting the radio, etc.)
• Speeding
• Driving under the influence of alcohol or drugs
• Failure to follow rules of the road
• Driver fatigue
• Negligent hiring by a trucking company
• Inadequate driver training
• Inclement weather
• Road hazards and debris
• Inadequate truck maintenance
• Trucks with manufacturer defects.

How Often Are People Hit by a FedEx Truck?

In the 24 months prior to January 7, 2022, FedEx drivers were involved in a total of 392 accidents, according to the Federal Motor Carrier Safety Administration. This includes 9 fatal collisions and 147 crashes involving injuries. Of the 392 accidents, 236 required one or more vehicles to be towed. FedEx employs more than 42,000 drivers who log over a billion miles a year on the road. While FedEx drivers are often conscientious, these statistics demonstrate that crashes with FedEx trucks can cause serious injury and even death.

9 Steps: What to Do If a FedEx Truck Hits My Car

A personal injury lawyer explains what to do immediately after a crash.

All accidents resulting in injury should be taken seriously even if you think you haven’t been seriously hurt. Sometimes dangerous symptoms arise hours or days later. The most important thing to do within minutes after a FedEx truck hits your car is to ensure your own safety. Here are 9 steps to take:

1. Call 911 and seek medical attention right away.
2. Get the other driver’s license information.
3. Write down the truck’s license plate number.
4. Use your cell phone to take pictures of your injuries, damage to both vehicles, and the accident scene.
5. Get the names and contact info of bystanders and eyewitnesses to the crash.
6. Look around quickly to see if there are security and surveillance cameras (video can be used to prove your case).
7. Make note of weather conditions and whether there is any road construction or disrepair in the vicinity.
8. Say as little as possible to the other driver and do not explain or say you were at fault for the accident.
9. Hire a skilled and experienced truck accident lawyer to represent you.

Common Injuries in Crashes with Delivery Trucks

Crashes with delivery trucks can result in a variety of serious injuries, some of them life threatening. This can mean time in the hospital and time off work. Common injuries include:

• Concussions
• TBI
• Neck and back injuries
• Broken bones
• Cuts, gashes, and lacerations
• Internal bleeding
• Organ damage
• Burns
• Paralysis
• Wrongful death.

If you’ve been injured in a FedEx truck crash, you could be entitled to economic and non-economic damages, including:

• Medical costs (current and future)
• Lost wages
• Loss of future earnings
• Pain and suffering
• Loss of consortium
• Emotional distress (including trauma, humiliation, and disfigurement).

A judge can also impose punitive damages to punish defendants if their negligence is particularly egregious and the court wants to send a warning to other would-be wrongdoers.

Comparative vs. Contributory Negligence

Most states in the U.S. follow either a “comparative negligence” or a “contributory negligence” rule when determining fault for a personal injury accident. Comparative negligence means that both drivers can be partially at fault for an accident, but as long as you are 50% or less at fault, you can still recover some damages. Contributory negligence, which is less friendly to a plaintiff, means that you must prove the other driver is 100% at fault for the accident, or you are barred from collecting damages.

Minnesota is a comparative negligence state. (MN Statutes 604.01) That means as long as you can show that you were not more than 50% responsible for the accident, you can recover compensation proportionate with your degree of fault. So, what does that mean? Let’s look at an example. Let’s say you were running late to pick up your child from school and were speeding 45 miles per hour in a 35 mile per hour zone, but in all other ways you were obeying the rules of the road. Meanwhile, a FedEx delivery truck fails to stop at a stop sign and smashes into your vehicle, causing you injury. Let’s say a court finds that both drivers shared some fault for the accident, but the FedEx driver was 80% at fault and you were 20% at fault. The total damages were $80,000. That means you would be entitled to 20% less than total damages, or $64,000.

Statute of Limitations for Vehicle Accident Claims

In most cases, the statute of limitations for a personal injury claim, such as a crash with a FedEx truck, is six (6) years in Minnesota. (MN Statute 541.05) There are a few limited exceptions that could delay the statute of limitations “clock” from starting, including:

• The injured party is a minor
• The injured party is mentally impaired or insane.

Call Tyroler Leonard Injury Law Today

If you’ve been injured in a crash with a FedEx truck and want to get the justice you deserve, call the skilled attorney at Tyroler Leonard Injury Law to assess your accident case. We fight aggressively for our clients and will hold FedEx accountable. We are compassionate and committed to the well-being of every client. To find out more about how we can help, call us for a free initial consultation at 651-259-1113.

The post What to Do If a FedEx Truck Hits Your Car appeared first on Tyroler Leonard Injury Law.

If you’ve been hurt in a car accident, slip and fall, workplace mishap, or other accident, you may be entitled to financial compensation. This is particularly true if your injury was caused by someone else’s carelessness or negligence. If you’ve been injured, you may be asking, “how long do you have to sue for personal injury?” In most cases, the answer is six years in Minnesota and three years in Wisconsin.

The 6-year statute of limitations for Minnesota personal injury lawsuits can be found at Minnesota Statutes section 541.05. The 3-year Wisconsin personal injury statute of limitations is codified at Wisconsin Statutes section 893.54. There are some very limited exceptions to these time frames in each state, which will be discussed below.

Getting injured, especially through no fault of your own, can mean mounting medical bills, time off work, lost wages, stress on your family, and a great deal of uncertainty about your future. If this has happened to you, you don’t have to suffer alone. Our skilled and experienced personal injury attorney at Tyroler Leonard Injury Law can help you get the justice you deserve. To find out more about how we can help, call us at 651-259-1113. The initial consultation is free.

Getting the Compensation You Deserve

How much time to bring a personal injury lawsuit?

If you’ve been injured due to someone else’s negligence, you may be entitled to damages. Damages can be both economic and non-economic. They include:

• Medical and rehabilitation expenses (current and future)
• Lost wages
• Loss of future earnings
• Pain and suffering
• Loss of consortium
• Emotional distress (including trauma, humiliation, and disfigurement).

In some instances, there can also be punitive damages in addition to the damages listed above. Punitive damages are awarded by a court when there is evidence of gross negligence by a defendant who knowingly or recklessly placed persons in danger or if the defendant had a history of safety violations. Punitive damages, as the name implies, are designed to punish a defendant and prevent any other would-be wrongdoers from being similarly negligent.

Damages can range from thousands to millions of dollars, depending on the unique circumstances of each case. There is no “average compensation” for personal injury claims, because every case is highly fact dependent.

Whatever your injury, you want to make sure you bring a personal injury lawsuit within the time frame allotted. If you live in Minnesota, you must file within six years of the date of the accident. If you live in Wisconsin, you have three years. If you miss your window of opportunity to file, then a defendant is likely to object, and your case will be thrown out of court. So, it’s imperative that you take action right away.

If you’re laid up in the hospital, how long do you have to sue for an injury?

There are some narrow exceptions to the statute of limitations for a personal injury lawsuit, but being in the hospital isn’t one of them. Even if you’re injured and hospitalized, you must still abide by the statute of limitations. Following are a list of the rare instances in which a statute of limitations may be extended.

Minnesota
There are a few scenarios in which the “clock” on the 6-year statute of limitations might be delayed. These include:

• If the injured person under is the age of 18, then the statute does not run until the later of 6 years or the person turns 19-years old.
• If the injured person is legally insane, then the clock won’t start running until the period of legal disability is over (mental competence is restored). However, this filing deadline won’t be extended beyond five (5) years, and once sanity is restored, the suit must be filed within one (1) year. (Minnesota Statutes section 541.15)
• If the injured person dies as a result of the accident, there is a general timeframe of three years from the date of death to file a wrongful death claim.

Wisconsin
Wisconsin also has a few scenarios that could delay the “clock” in its 3-year statute of limitations. These include:

• If a plaintiff is under the age of 18, he or she will have two (2) years to file a claim after they turn 18 years old.
• If a person is mentally ill, he or she will have two (2) years to file a claim after their mental competence is restored. However, the filing deadline will not be extended beyond five (5) years from the date of the accident in cases involving injured parties that are mentally ill. (Wisconsin Statutes section 893.16)
• If the defendant – after the injury occurs but before a lawsuit can be filed – leaves and resides outside of Wisconsin (and therefore cannot be served with a lawsuit), the period of out-of-state absence probably won’t count toward the 3-year statute of limitations. (Wisconsin Statutes section 893.19)

How do you prove negligence in a personal injury lawsuit?

In a personal injury lawsuit, your attorney will need to prove that the other party acted negligently when they caused the accident in which you were injured. A defendant can be a person, a business, an insurance company, a government entity, or any combination of these.

To prove negligence, your attorney will have to prove 4 elements in your lawsuit. These include:

1. Duty
   The defendant owed the plaintiff a legal “duty of care” to ensure that an environment or location was safe.
2. Breach
   A plaintiff must show that the defendant breached this duty by doing, or failing to do, something that a reasonable person would have done in a similar situation.
3. Causation
   A plaintiff must show that the defendant’s actions, or inaction, caused the injuries to another person.
4. Damages
   Damages means that there’s a monetary way of compensating a plaintiff for their injuries and property damage.

Contact Tyroler Leonard Injury Law Today

If you’ve been injured in an accident and want to get the justice you deserve, contact our skilled and experienced personal injury lawyer at Tyroler Leonard Injury Law today. We fight aggressively for our clients and will hold the responsible parties accountable. We are compassionate and committed to the well-being of every client. To find out more about how we can help, call us for a free initial consultation at 651-259-1113.

The post How long do you have to sue for personal injury? appeared first on Tyroler Leonard Injury Law.

Dobermans are beautiful dogs that are medium to large in size and extremely intelligent. Years of breeding have made them swift with a powerful and damaging bite. Combine this with their fierce loyalty and territorial behavior, and you have a dog that will protect its territory and family from anything. Unfortunately, if not properly cared for and trained, these traits can also lead to Doberman attacks. About five million people in the United States are bitten by dogs each year. Victims of a Doberman attack can suffer severe injuries that require emergency medical attention. Someone who experiences a dog bite injury may find it helpful to speak with a skilled personal injury dog bite attorney.

Contact the experienced dog bite attorneys at Tyroler Leonard Injury Law at (651) 259-1113 to learn about the rights of a victim who suffered a Doberman attack.

Why Do Dobermans Bite?

Dobermans have a reputation as a dangerous or aggressive dog breed. However, there is usually a logical reason behind a dog’s behavior. Once a victim understands why a dog bites, they can safely interact with a Doberman.

Dogs are territorial animals, so they will defend their territory and pack. They react to a person who makes them feel threatened, fearful, or in pain. Unfortunately, there are also times when their natural predatory tendencies kick in. Responsible dog owners should recognize these signs and correct undesirable behavior:

• Dominance aggression
• Defensive aggression
• Territorial aggression
• Predatory aggression
• Redirected aggression
• Punishment elicited aggression
• Pain elicited aggression
• Food aggression
• Fear aggression

Who Are the Most Likely Victims?

Anyone can be a victim of a Doberman attack. Unfortunately, children experience more dog bites than adults. Small children running around can trigger a Doberman’s predatory aggression. In addition, they may unknowingly and unintentionally trigger the Doberman’s defensive, territorial, or fear aggression by invading the dog’s space.

What Are the Typical Injuries?

The injuries inflicted in a dog bite attack can be more extensive than anyone initially realizes. Seeking medical attention right away ensures the injuries are properly treated. Possible medical treatment can require various treatments, including stitches, staples, skin grafts, or even surgery. There is also a risk of infection or disease. If the dog is not up to date on its shots, rabies is also a potential risk.

Additionally, seeking out medical attention creates a record of the injuries. This is how a victim creates a direct correlation between the incident and their injuries. The documentation helps the victim argue their case and pursue their claim for damages. Without documentation, a victim’s claim may lack the necessary documented proof of damages to prove the case.

Minnesota dog bite law covers a variety of injuries. The most well-known are bites, but they could also include injuries from the dog jumping on someone, knocking someone down, or post-traumatic stress disorder (PTSD) caused by the attack.

Who Is Responsible For a Dog Bite?

Victims in Minnesota have two years to file a lawsuit and pursue damages for their dog bite claim. It can take time to gather the appropriate evidence for the claim, so it can be helpful to start early, so time does not run out. Once the statute of limitations runs, victims are barred from making a claim.

Dog Owner

A dog owner is strictly liable for the actions of their dog. The owner does not need to be told that the dog may bite, attack, or act aggressively. If the dog owner is also a homeowner, their homeowners’ insurance typically covers the victim’s injuries.

Landlord

Victims can also include a claim against the dog owner’s landlord if they can prove that the landlord knew or should have known that the dog is dangerous. If the dog owner rents, they most likely will not have the necessary insurance to cover the injuries. Showing that the landlord knew of the dog’s dangerous tendencies could provide another avenue for recovery.

Dog Watcher or Sitter

In the state of Minnesota, someone entrusted to care for the dog also takes on the same liability as the dog owner while the dog is under their care. In some situations, this may be a business with insurance that could cover the victim’s injuries.

Pursuing a Dog Bite Claim

Under Minnesota law Chapter 347 Section 347.22, a victim of a dog bite or attack may hold the owner of the dog or the party harboring the dog liable if they meet certain requirements. The skilled lawyers at Tyroler Leonard Injury Law take the time to explain to their clients what the law requires and the evidence necessary to prove a claim. They work tirelessly to help assist their clients in pursuing a claim for damages.

• The person did not provoke the dog.
• The person acted peacefully
• The person was in a place they were legally allowed to be in

The injured party does not need to show negligence on the part of the dog owner. Negligence is not relevant in dog bite cases because the dog’s past good behavior does not change the outcome of a claim.

Possible Defenses

A solid possible defense to a victim’s dog bite claim is provocation. Under Minnesota law, if the dog owner can show that the victim provoked the dog, then they may also be able to argue that the victim should not receive damages.

Another possible argument is that the victim was not lawfully in a place where they should be. If the victim was also a trespasser, then the dog owner could argue that they are not liable for the injuries.

A third possible defense the dog owner could present is an assumption of the risk. A victim may “assume the risk” of receiving a dog bite by agreeing to take on the responsibility and care of the dog. An example of this would be a dog owner taking their dog to a groomer. The groomer would assume the risk and would not be able to sue if the dog bites them.

Speak With a Lawyer About Your Doberman Attack Experience

If you or a family member are the victim of a Doberman bite or attack, it could help to speak with a personal injury attorney to learn more about your legal rights and options. Doberman attacks can cause severe injuries that result in expensive medical costs. Seeking a claim against the owner or another responsible party could help you with your damages.

Speak with an experienced attorney from Tyroler Leonard Injury Law at (651) 259-1113 to discuss your experience and learn about the process of filing a claim.

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Placing a family member in a nursing home can be a difficult and overwhelming experience. All families want the very best for their loved one. If you believe that a loved one or elderly person in your life has experienced financial abuse in their nursing home, our experienced attorneys at Tyroler Leonard Injury Law can help. Contact our offices today at 651-259-1113 for a free consultation.

Understanding Financial Elder Abuse

Unfortunately, different types of elder abuse are common in nursing homes. The World Health Organization recently reported that 1 in 6 people who are 60 years or older experienced some type of abuse in “community settings” in the last year. While many people think of elder abuse or neglect, financial abuse in nursing homes is a serious type of elder abuse. This type of abuse is often hidden as it can happen without being easily noticed. Shockingly, the World Health Organization reports that two out of three nursing home staff members say that they have committed abuse in the last year.

What Is Financial Abuse in Nursing Homes?

According to the National Institute on Aging, financial abuse in nursing homes happens when financial assets are taken from an elderly resident within that care facility.

Ways Financial Abuse Can Occur

Because elderly residents are often left in the care of others but are not supervised at all times, financial abuse can often occur slowly and over time. Some ways that financial abuse can occur include:

• Items being removed one by one from their place of residence.
• Theft of wallets, purses, or checkbooks.
• Forging checks from the elder’s name.
• Improperly using bank or credit cards.
• Pressure to change important financial documents, including wills.
• Making a change to an asset like a title to a house without permission.
• Identify theft of an elderly person.
• Improper influence or pressure to gift assets or financial valuables.

Signs of Financial Abuse

Each situation will be different when it comes to showing signs of financial abuse in nursing homes. Our experienced attorneys at Tyroler Leonard Injury Law can help you determine if you believe your loved one was financially taken advantage of in a nursing home. Often, when an elderly person is aware that someone has taken advantage of them, they may be too embarrassed to admit what has happened. You may want to consider the following questions in the process of determining whether abuse has occurred:

• Have you noticed anything missing in your family member’s nursing home room?
• Have any unusual checks that have been cashed in your family member’s name to people you do not recognize?
• Has money recently been withdrawn from their bank account, but they do not recall making the withdrawal?
• Have their spending habits recently changed?
• Have financial assets disappeared without explanation?
• Have they given financial control of their estate to someone in an unusual manner?
• Have they received any recent letters from collection agencies?
• Are they concerned or scared about their finances?
• Have there been any abrupt or recent changes to important financial documents?
• Has an elder reported potentially being financially exploited?

Preventing Financial Abuse of the Elderly in Nursing Homes

Financial abuse can be hard to detect and prevent because in many cases it is not overt or obvious. For example, someone can call an elderly person and coerce them to give information via the telephone that would allow them access into their financial accounts or other digital assets where financial abuse can occur. Therefore, it is important to educate yourself and any others who are regularly around elderly persons to actively monitor the financial activities of these elderly nursing home residents.

There are many ways that you can actively monitor and prevent financial abuse of your loved one in nursing homes. One primary way to prevent financial abuse is to have an active presence in your loved one’s life and to put as many preventative measures as possible in place before a financial abuse issue arises. These may include:

• Regular visits to their nursing home to ensure that nothing has been removed from their room against their wishes.
• Active monitoring of their financial accounts with their permission.
• Setting up alerts so that banks or other financial institutions can let you know if there has been any unusual activity.
• Get to know the people who are actively in your elderly loved one’s life – especially anyone that may be in a caretaker capacity.
• Asking questions and being aware of how the elder is spending their money and who is managing their finances in order to determine if anything has recently changed.

What To Do If You Suspect Financial Abuse

Even with preventative measures in place, many elderly residents of a nursing home might find themselves victims of financial abuse. If this happens there are certain measures that you can take to resolve the situation:

• Talk to your family member: You may want to speak directly with your elderly family member or your loved one if you think that will prevent any future abuse from occurring.
• Talk with the nursing home: You can alert the administrators of the nursing home of any suspected financial abuse so that they can directly deal with any bad actors.
• Consider obtaining a power of attorney over your loved one’s finances: If you are in a capacity to oversee their financial affairs you may want to consider securing a power of attorney.
• Contact the police: If you feel strongly that a financial crime has occurred be sure to report it to your local police department.
• Consult an experienced elder law attorney: If the issue is not resolved, you may want to consider consulting an attorney who can help pursue your claim of financial abuse in a nursing home. Our experienced attorneys can help you build a strong case if there has been any type of suspected abuse.

Speak With An Experienced Trial Attorney Today

Determining that a loved one may be a victim of elder abuse can be a very emotional and trying time for your entire family. Speaking with a compassionate and experienced nursing home abuse attorney can help guide you through the process of pursuing a claim of financial abuse against your loved one from a nursing home. Contact Tyroler Leonard Injury Law today at (651) 259-1113 to learn more.

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