I don't want to sue anybody. Do I have to?

Answer: As my mother liked to say, nobody can make you do something you don't want to do. But you definitely should make sure you understand how the Minnesota liability insurance system was designed to work.

In Minnesota, vehicle owners are required to carry liability insurance. When we buy that insurance we pay good money to companies like State Farm, Progressive, Allstate, and Farmers. We certainly don't pay these premiums as a donation to those big companies - we pay them so that they will help us in case someone is hurt in a personal injury accident.

Minnesota does not allow a claimant to sue another driver's insurance company directly when they are hurt in a crash. So even though the insurance company typically hires the defense lawyer, handles any settlement negotiations, and writes the check to compensate a claimant for his or her injuries, any personal injury lawsuit should be filed against the at-fault driver or other responsible person as the named defendant.

Because of this legal fiction where the system acts as if there is no insurance involved, the public and the media often forget what is really going on. During the lawsuit, everyone will act as though it is "you vs. them". Court rules prohibit even mentioning insurance to the jury, even when it is a well-known fact that everyone is required to purchase liability insurance on his or her automobile. Don't let these rules make you forget that an injured person is, more likely than not, seeking compensation from available insurance policies that are in place to compensate them, rather than directly from a person or small business.

Even if a personal injury victim's damages are more than the negligent driver's insurance policy, he or she might still be able to recover additional compensation without going after anyone's personally for collection. More information about underinsured motorist coverage.

People in Minnesota don't usually want to sue anybody. This is especially true when the potential defendant in your case is a friend or loved one. Although the law might require a claim to be filed against them as the defendant, the real adverse party is the insurance company. In most cases, the defendant's insurance company controls negotiations for the injury settlement, provides defense lawyers, decides whether or not to take the case to trial, and whether or not to appeal after the verdict is rendered. The individual defendant driver/owner has very little to say about the conduct of negotiations or litigation.

The bottom line is this: you will never, ever have an obligation to sue somebody if you don't want to. At Stoneking Law Ltd., we are experienced in the delicate situations that might arise and we can answer any questions or concerns you have about filing a claim or starting a car accident injury lawsuit.

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Am I going to have to go through a court trial?

Answer: Probably not. Personal injury cases are usually settled with the insurance company before a lawsuit is even filed. Even in the cases where a suit is started, the two sides are usually able to come to terms before the matter is ultimately decided by a jury.

Of course, every situation is different and some cases are more likely to result in a jury trial than others. Talk to an experienced personal injury lawyer for more details.

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Why do I need a lawyer for my personal injury claim?

Answer: An experienced personal injury attorney will assist you in every part of your insurance claim. Once you are represented by an attorney, the insurance company will not contact you anymore. We will work to get your medical bills paid under your insurance and fight for you in any disputes that may arise.

An experienced personal injury attorney will protect you from traps and pitfalls along the way that would hurt your case. For example, insurance companies might offer you a settlement for a few thousand dollars a few weeks after an accident, maybe before you meet with an attorney. Taking a small sum now and signing a release might prevent you from making a claim later on when your situation gets much worse. Having an experienced car accident injury lawyer on your side can prevent that. We have seen cases where people feel fine after a crash and end up having unexpected surgery and incurring hundreds of thousands of dollars in medical bills down the road. We will keep you on top of the situation and make sure all your decisions are fully informed.

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How long do I have to make a claim?

Answer: The statute of limitations for the usual car accident claim is six years from the date of the accident. This means that a lawsuit must be filed within six years if it is going to be filed at all.

Of course, not all claims are "typical" and the statute of limitations can vary greatly depending on a wide variety of circumstances. There are different periods for different types of lawsuits and in different states. The statute of limitations may also be extended in certain situations. Knowing the ins and outs of the statute of limitations is extremely important because the statute eventually terminates your ability to file a claim forever, even if you may believe you have already properly commenced your action. That is why it is extremely important that you talk to an experienced personal injury attorney about this issue.

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How much is my personal injury case worth?

Answer: This is one of the most common questions that we are asked; it is also one of the most difficult to answer. The reality is that the value of your case depends entirely on your very specific situation. Anyone who gives you an opinion regarding the value of your case without spending a great deal of time analyzing it and reviewing all of the pertinent information is doing you a huge disservice.

Factors that affect the value of your case include:

• Your injury. What part(s) of your body are hurt? How bad were you hurt and what are your lasting effects? How was your recovery? Does it affect your ability to make a living? These are not easy questions to ask without looking closely at your situation.
• The facts of the car accident. If you are at fault for the accident or if nobody is at fault for the accident, your options will be very limited.
• The insurance coverage. All too often, people are badly injured in car accidents where there is little or no insurance coverage. Sometimes a person may be able to recover more for a lesser injury because there was enough insurance to compensate them entirely. That's why it is vital to know the amount of insurance coverage before any case can be fully evaluated. We have become involved in many cases where we found insurance coverage that the injured person never knew about. This can have an enormous impact on the value of your case.
• You. How has your injury affected you, specifically? For example, a scar on the face of a young child is more harmful than the scar on the elbow of a professional boxer, even if the scars are the same size. A relatively minor foot injury can be disabling for a steelworker, but only an inconvenience for an office worker. A brain injury to a forty-year old accountant can be worth more the same injury would be to the same accountant after he retires because of how the injury impacts his earning potential. There are literally hundreds of factors that go into evaluating a case - one of the most important things we help you with is sifting through the details to help you evaluate your claim.

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How long is this going to take?

Answer: This answer also varies wildly on a case-by-case basis. Please speak to an experienced personal injury attorney about your own specific case to get a better idea idea how long it may take to resolve your individual claim.

Usually, after a car accident in Minnesota, it takes some time before a claimant meets one of the No-Fault thresholds. Read more about the Minnesota No-Fault Law. The threshold that we look to most often requires us to prove that you suffered a permanent injury. In order to prove that element of your case, we need a doctor to testify on your behalf regarding the permanency of your injury.

In many cases regarding bodily injuries, doctors are comfortable forming opinions regarding the permanency of your injury after about a year has passed since your accident. Sometimes this period is longer or shorter depending on your situation. We will need that all-important doctor's opinion in order to evaluate your claim for settlement, and, more importantly, the insurance company on the other side of your case will also insist on having the opinion before offering any money to settle your case.

So in the normal course of events, we monitor your treatment and condition over that one-year period before we write for a doctor's opinion regarding the permanency of your injuries around the one-year anniversary of the crash. After we receive that vital opinion from your doctor, we can move forward with the settlement of your case. We will present a demand to the insurance companies involved and attempt to settle without litigation. If those negotiations are unsuccessful, we will begin a lawsuit on your behalf.

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How much is it going to cost me to hire an experienced personal injury lawyer?

Answer: Minnesota personal injury lawyers usually work on a contingency fee basis. At Stoneking Law Ltd., when you hire us, we don't get paid until you do. We pay for investigation and litigation expenses all the way through your case. These expenses include costs for medical records, accident reports, expert fees, expert report, litigation expenses, court costs, trial expenses, and witness fees. If you do not obtain compensation for your injuries, you owe us nothing.

If we are successful in getting you money for your case, our standard fee is one-third of the proceeds. In addition to the fee, we will be reimbursed for the out-of-pocket expenses that we fronted on your behalf, referred to above. It is important to note that we do not include expenses we may incur on your case for postage, in-house copies, phone calls, or travel expenses in coming to meet with you.

Keep in mind that as your personal injury lawyer, we do not get paid until you do.

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What if I was at fault for the car accident, too?

Answer: In the old days, Minnesota had a contributory negligence rule that would bar a plaintiff from recovering any damage if he or she was found to be 1% at fault for the crash. If a jury concluded that you were even the slightest amount at fault, you got nothing.

Fortunately, we have since adopted a more reasonable rule of law in the comparative negligence statute. Minn. Stat. § 604.01, subd. 1

Minnesota's comparative negligence statute would bar your recovery from any individual or their insurance company if you are more at fault for the crash than they were. If a jury finds you less at fault or equally at fault for the accident, the amount of money that you could collect for your damages is automatically reduced in proportion to your amount of fault.

So even if you are somewhat at fault for your own injuries, you may have options to recover compensation for some of your damages. Talk to an attorney about your specific case to obtain legal advice.

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I wasn't wearing a seatbelt, does that hurt may case?

Answer: You should always wear a seatbelt. In Minnesota, we are not allowed to present seat belt evidence at trial as it pertains to personal injury. Minn.Stat. § 169.685, subd. 4. This "gag rule" prevents the insurance company from bringing up your failure to wear a seatbelt to say that your injuries are your own fault. As such, it should not be a factor for the jury and it should not be considered in the evaluation of your case.

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