FAQs
The following are questions that we most frequently hear from potential clients who call our office to discuss their potential personal injury claim. For other questions, call one of our experienced personal injury attorneys today for a free consultation.
1. Who will pay for my medical bills after an accident?
Everyone who owns a vehicle in Minnesota is required to carry no-fault insurance. No-fault insurance is required to provide a minimum of $20,000 in medical coverage for your car accident related medical treatment. Sometimes, your no-fault insurance company will deny paying for your medical bills for any number of reasons. In that instance, your personal injury lawyer will have to try to force the no-fault insurance company to pay your bills through a no-fault arbitration. Once your no-fault medical benefits have been exhausted, the next priority to pay for your medical bills is your health insurance. Your health insurance will have to pay for any car accident related bills, but will then seek reimbursement from any settlement you receive from the at-fault driver’s insurance company.
2. I can’t work because I was injured in an accident, who will pay my wage loss?
In addition to a minimum of $20,000 in medical coverage, your no-fault insurance coverage needs to also provide a minimum of $20,000 in income loss incurred as a result of a car accident. Wage loss is paid by your no-fault insurance company at a rate of 85% of your lost wages, capped at $500 per week. Any wage loss that is not reimbursed by your no-fault insurance company can then be claimed against the at-fault driver and their insurance company through your personal injury claim.
3. I’ve been in an accident, now what should I do?
See our Important Information page for what steps you should take after being involved in a car accident. You should also consult with an experienced, trusted personal injury attorney as soon as possible to ensure you understand the process, so that your rights are protected, and an appropriate investigation can be undertaken as soon as possible.
4. I can’t afford a lawyer, should I still contact one?
Yes, Nelson Personal Injury offers free consultations for all potential personal injury and accident claims. You will not be charged anything to have your case reviewed by one of our experienced personal injury lawyers. If you hire Nelson Personal Injury, you also do not pay by the hour or have to pay an upfront retainer. Nelson Personal Injury works on a contingency fee, and if there is no recovery on your behalf, there are no attorney’s fees.
5. What is a contingency fee?
A contingency fee is a fee paid to a lawyer only if a recovery is obtained on behalf of the client. If you are represented by one of the attorneys at Nelson Personal Injury, you will never have to pay a fee unless a recovery or settlement is obtained on your behalf. Insurance companies have highly paid attorneys on their side at all times. Hiring a lawyer on a contingency fee allows you to hire an experienced personal injury lawyer to handle your case, without having to pay anything up front, or receiving monthly bills. This levels the playing field against the insurance company and their army of lawyers.
6. Do you represent clients all over the state of Minnesota?
Even though our offices are located in the St. Cloud area, the attorneys at Nelson Personal Injury represent accident and injury victims across the entire state of Minnesota. Our attorneys are available to meet in person at our office, via videoconference, telephone conference, or in the convenience of your home. We are available for evening and weekend meetings by appointment.
7. I have been in an accident, will I get a rental car?
Always check with your own insurance company to see whether or not you have rental car coverage. If you do, your insurance company may pay a certain amount for a rental car for a certain period of time. If you do not carry rental car coverage, you may seek reimbursement for your rental car from the at-fault driver’s insurance policy, subject to the limits of their coverage, and certain time and cost restrictions.
8. Who will pay for my vehicle after an accident?
If your vehicle has been damaged or destroyed in an accident, you may seek reimbursement through your own insurance company if you carry collision coverage. Any reimbursement through your own insurance company may be subject to a deductible. However, if another party was at fault for causing the accident, your insurance company may seek to collect your deductible from the at fault driver’s insurance company, and if successful, you will be reimbursed for your deductible. If you did not carry collision coverage, you will have to go through the at fault driver’s insurance company to seek reimbursement for the damage to your car, or the fair market value of the vehicle, if totaled.
9. Do I have to talk to the insurance company after an accident?
Typically, you may be required to talk to your own insurance company after an accident and cooperate with them and assist in their investigation. However, you have no such obligation to talk to the other party’s insurance company after a car accident. In fact, doing so may negatively affect your potential injury claim in the future, as insurance companies will go to great lengths to try to get you to admit things that may be against your interest. Before talking to any insurance company, it may be in your best interest to consult with an experienced personal injury attorney.
10. The Insurance company is offering me money to settle my injury claim after an accident, should I accept it?
You should not accept any settlement offers from any insurance company until you have consulted with an experienced personal injury attorney. Often times, people do not understand what potential claims are available to them and do not fully understand what rights they are giving up by settling. In many cases, people do not even realize that they are settling their claim when they accept money from an insurance company. Insurance companies are incentivized to settle claims as quickly, and as cheaply, as possible. Insurance adjusters are trained to try to get individuals to settle their claims as soon as possible because it is in the best interests of the insurance company. However, settling with an insurance company shortly after an accident can be a mistake if you do not know the full nature and extent of your injuries. If you have been in an accident and an insurance company is offering you money to settle, you should not sign or agree to anything and immediately contact a personal injury attorney for a free consultation.
11. How much is my case worth?
One of the most common questions we receive is how much is my case worth? Any lawyer who tells you what your case is worth is usually not being honest. An experienced and honest personal injury lawyer will tell you that how much your case is worth depends on a number of factors that typically are not known at that time. These factors include, but are not limited to, the following: who was at fault for the accident, the nature and extent of the accident, the type and severity of injuries sustained in the accident, how much you have incurred in medical expenses, how much wage loss you have, whether your doctor is willing to state that your injuries are permanent, whether you are going to need future medical care, whether your injuries will affect your ability to work in the future, the amount of liability and/or uninsured or underinsured motorist coverage available. Only once these factors are known can a personal injury attorney give you an accurate assessment of the range of value of your case.
12. Do I have to bring my claim within a certain time period?
Yes, Minnesota has many statutes of limitations which operate to forever bar your claim if it is not commenced within the prescribed time period. In other words, if you do not settle your claim or start a lawsuit before the statute of limitations period expires, you will not be able to bring a claim or start a lawsuit any longer. Exactly which statute of limitations time period will apply to your case will depend on the nature of the type of claim you bring. For example, if your claim is based on negligence, your injury claim must be settled or a lawsuit started within six (6) years from the date of the incident; if your claim is for the wrongful death of a family member, the claim must be settled or a lawsuit started within three (3) years of the date of the incident. Because of this, it is important that you consult with an experienced personal injury attorney as soon as possible so that they can perform an analysis of what statute of limitations may apply to your claim.
13. Do you only handle car accident claims?
No, Nelson Personal Injury handles a wide variety of injury claims other than car accidents. We have substantial experience handling dog bite claims, slip and fall claims, trip and fall claims, general negligence claims, wrongful death claims, motorcycle accident claims, truck accident claims, and many others.
14. How Long Will My Car Accident Case Take?
There are no hard and fast rules on how long it will take for your car accident case to be resolved. An experienced Minnesota Car Accident lawyer will not advise you to settle or resolve your case until it is known what the full nature and extent of your injuries are, and whether such injuries are permanent. For some injuries, such as orthopedic injuries, your doctor may want to wait upwards of one year before they will be able to give an opinion about whether or not your injuries are permanent. Other injuries, like brain injuries, may require a longer period of time before a doctor can give an opinion about the nature, extent, and permanency of an injury. Because of this, each case is analyzed given the specific facts of the case, and your lawyer will be in a better position to advise you when more facts become known.
In addition, how long a case takes will depend on whether the case is able to be settled without having to start a lawsuit. If a lawsuit needs to be started against an at fault driver, or an insurance company, it can take a year or more for the case to work its way through the court system.
15. Why Choose Nelson Personal Injury For Your Car Accident Case?
Whether your Minnesota car accident claim is large or small, at Nelson Personal Injury, we treat every client, like they are our only client. When you choose to work with us, you can be confident that your case is being handled by a competent, experienced and compassionate lawyer. Unlike some lawyers, we devote our entire practice to representing individuals who have been injured.
For more than a combined 50 years, our lawyers have been fighting for the rights of our clients. We have taken on the large insurance companies and have recovered millions of dollars in compensation for those who have been injured in car accidents in Minnesota. Beyond that, we strive to provide car accident victims with the peace of mind that comes from knowing that they have an experienced lawyer on their side.
If you’ve been injured in a car accident, our lawyers are here to help. We know that you will have many questions about your rights and the claim process, and we always take the time to explain the process and your rights to you. Complete the form below, or call us today to see how we can help you. All consultations with our experienced attorneys are free and there is no obligation.
16. What Claims Do I Have After A Car Accident?
If you have been injured in a car accident in Minnesota, you may have two, and sometimes three potential insurance claims. These include no-fault claims, personal injury claims and “underinsured” or “uninsured” motorist claims, depending on the circumstances.
No-Fault Claims
Your first claim is called a no-fault claim, which is typically made against your own insurance company. No-fault insurance is also known as “personal injury protection” coverage or “PIP”. No-fault insurance coverage is required to be carried on all cars in Minnesota by Minn. Stat. § 65B.06.
As part of your no-fault claim against your own insurance company, you will have access to $20,000 in medical expenses for treatment that is reasonable, necessary, and related to the car accident, as well as reimbursement for your mileage to and from your appointment. You will also have access to $20,000 in wage loss and replacement services that have resulted from your car accident related injuries.
For a detailed discussion of Minnesota no-fault coverage, see our no-fault web page.
Personal Injury Claims
Your second potential claim is called a personal injury or bodily injury claim. This claim is made against any at fault driver and their insurance company. Because all motorists in Minnesota are required to carry no-fault insurance to cover medical expenses, income loss and replacement services, the Minnesota legislature has limited when and how injured accident victims can bring a personal injury claim against other drivers who were negligent in causing the crash and your injuries.
In order to bring a personal injury claim, the injured victim must meet at least one of the following “so called” threshold requirements set forth in Minnesota Statute §65B.51:
- Medical treatment expenses of $4,000 or more; or
- A permanent injury; or
- Disability of 60 days or more; or
- A permanent disfigurement (scar); or
- A death as a result of their injuries.
If you have met one of the above thresholds, you can bring a personal injury claim against any negligent (at-fault) driver and their insurance company. In a personal injury claim, you may be entitled to recover the following damages:
- Past medical bills and wage loss not covered by your no-fault claim;
- Future medical expenses and income loss or loss of earning capacity; and
- Past and future pain, suffering, and emotional distress.
Underinsured Motorist Claims
Minnesota requires that all drivers carry at least $30,000 in liability insurance coverage on their vehicle. Unfortunately for those who are seriously injured in a car accident, if the at fault driver only carries $30,000 in liability coverage, it may not even cover your medical expenses. If the at fault driver does not carry enough insurance to cover all of your damages, you may have a third potential claim, called an underinsured motorist claim.
An underinsured motorist claim is claim brought against your own insurance company through the underinsured motorist portion of your policy. Underinsured motorist coverage provides an extra layer of coverage to compensate you for your damages. The amount of coverage available will depend on how much underinsured motorist coverage you purchased. In some situations, such as if you are riding in someone else’s vehicle at the time of crash, you will go to the underinsured motorist coverage on the occupied vehicle before going to your own policy.
17. What If The Driver Who Caused The Accident Does Not Have Insurance?
An estimated 9.9% of drivers in Minnesota fail to carry the required insurance on their vehicle. Fortunately, Minnesota law requires you to carry “uninsured motorist” coverage. This is commonly referred to as “UM” coverage. If you, or anyone in your vehicle, are injured by the negligence of an uninsured driver, you are entitled to collect from your insurance company (under your “UM” coverage), those damages which were caused by the uninsured driver, but for which they do not have insurance to pay.
One problem, however, is that in Minnesota the minimum amount of “UM” coverage required by law is $25,000. Again, the amount of coverage available will depend on how much uninsured motorist coverage you purchased.
18. Will my personal injury case go to trial?
Most Minnesota personal injury cases settle before a lawsuit is even started. If your case is unable to be settled, then starting a lawsuit will be necessary. A lawsuit starts when a summons and complaint is served on the party or parties at fault for causing your accident. The case can then be filed with the appropriate court and the court will schedule a trial date.
Even if a lawsuit is started, there is still a good chance your case will settle before trial. The court will order that the parties participate in a mediation, where the parties work with a neutral, third party mediator to try to settle the case. If the case doesn’t settle at mediation, there are still opportunities for the case to settle all the way up to the day of trial. If the case does not settle, then a trial is necessary.
19. What happens if my personal injury case goes to trial?
A trial occurs if the parties to a lawsuit are unable to reach a settlement agreement. At trial, evidence will be presented by both the plaintiff and the defendant to a judge or jury. Evidence can be in the form of testimony from parties, witnesses, and documents, such as medical records, medical bills, photographs, etc. Each side will have the opportunity to present evidence, and each opposing party will have the opportunity to cross examine the other party’s witnesses.
In a typical personal injury trial in MInnesota, the main issues to be decided by the judge or jury are who was at fault for causing the accident, and what are the plaintiff’s damages. After presentation of the evidence, the lawyers will make a closing argument where they make a request to the judge or jury to reach a certain result. The judge or jury will then render a decision, called a verdict, that decides who was at fault for the accident, and what the monetary value of the Plaintiff’s damages are.
20. What is a health insurance subrogation claim?
In Minnesota, if you have been injured due to the negligence or fault of another, your health insurance may have to pay for some of your medical treatment bills. If this happens, and you have a claim for damages against the at fault party, your health insurance may have the right to get paid back from any settlement you receive. This right of the health insurance company to get paid back is called a subrogation claim.
What right your health insurance company may have to get paid back will depend on the type of health insurance plan you have. An experienced personal injury lawyer will carefully review your health plan to determine what right, if any, your health insurance has to get paid back in order to maximize your recovery.
21. How long after an accident should I wait to talk to a lawyer?
Because we offer free, no obligation consultations, you should call our lawyers at Nelson Personal Injury as soon as possible after you have been involved in an accident. This will allow you to learn about the process, be educated on your rights, and find out any pitfalls to watch out for when dealing with the insurance companies. Talking to a lawyer right away will also ensure that you do not run into any issues with the statutes of limitations or any other notice requirements that may apply to your case.
22. I was involved in a car accident and my own no-fault insurance was paying for my treatment, now they stopped paying, what can I do?
Minnesota is what is known as a “no-fault” state when it comes to car accidents. This means that your own no-fault insurance company will typically pay for the first $20,000 in medical expenses if you have been involved in a car accident.
Often times, insurance companies do not want to pay out the full $20,000 and will require you to attend a so called “independent medical examination.” These exams are typically anything but “independent,” as they are with a doctor picked and paid for by the insurance company. In the vast majority of these cases, this doctor will say that you are not injured and no longer need medical treatment and will stop paying for your medical bills. This is true even if your own doctors are telling you that you need the medical treatment.
If this happens, you have the right to start what is called a no-fault arbitration to try to force your insurance company to pay for any bills they did not pay for and get your benefits reinstated.
23. What is a no-fault arbitration?
The no-fault arbitration process is set up to resolve disputes between insureds and their own insurance company about whether the no-fault insurance company needs to pay out medical expenses benefits or wage loss under a no-fault insurance policy. During a no-fault arbitration, the parties will participate in a hearing in front of a neutral, third party arbitrator who will hear the case and determine if the insurance company needs to pay for the medical bills they did not pay for. The arbitrator’s decision is binding on the parties.
As opposed to lawsuits and trials, no-fault arbitrations are less formal, and cost and time efficient. However, there are certain legal requirements in order to bring a no-fault arbitration, and seeking the advice and representation of an experienced Minnesota personal lawyer will give you the best chances for success at a no-fault arbitration.
24. What is a deposition?
A deposition is a legal proceeding where an individual gives testimony under oath. The individual could be a party to the lawsuit, a witness, or someone who has information relevant to the lawsuit. The testimony is given in response to questions asked by a lawyer representing one of the parties to the lawsuit, and is taken down and transcribed by a court reporter to create a transcript or record of the testimony. The testimony can then be used for a number of purposes, including presentation at trial or impeachment of testimony later presented at trial.
25. What is a mediation?
A mediation is a non-binding alternative dispute resolution process where the parties agree to hire a neutral, third party mediator to facilitate settlement discussions. Many Minnesota courts now require that parties to a personal injury lawsuit participate in a mediation in an attempt to resolve or settle the case. The mediation process is typically confidential and can be effective in reaching a fair settlement agreement between the parties in order to avoid the risks and costs associated with going through a trial.
26. Does your office offer free consultations?
Nelson Personal Injury offers a free, no obligation consultation for all personal injury cases. At the initial consultation, you will be able to tell us about your situation and we will ask you specific questions to gather relevant information. We will walk you through our process and try answer any questions you may have about your situation. The initial consultation will help both us and you determine if we are good fit to assist you with your case.
27. Can I choose my own doctor if I’m injured in an accident?
Yes, you can choose your own doctor to see if you have been injured in an accident. Generally, no-fault and liability insurance companies cannot tell you who you can and cannot see for treatment.
28. How are personal injury claims different for children?
In Minnesota, a parent or natural guardian of a child under the age of 18 years old may pursue a personal injury claim on behalf of the child. If a settlement is reached with any at fault party’s insurance company, the parent or guardian must seek approval of the settlement from the appropriate district court.
This involves your lawyer submitting a petition to the court and participation in a minor settlement approval hearing with a judge. At this hearing, your lawyer will present the facts of the case and the facts of the settlement through testimony of the parent or natural guardian. If the judge approves the settlement, the settlement funds will need to be set aside for the minor in special bank account until the minor reaches the age of 18 years old. At this time, the funds will be released to the minor for their use.
29. Are no-fault benefits available just for car accidents in Minnesota?
Most people think that they are entitled to no-fault benefits ($20,000 in medical expenses, and $20,000 in wage loss) only if they were in injured a car accident. The reality, however, is that in Minnesota, no-fault benefits are available to any person suffering an injury “arising out of the maintenance or use of a motor vehicle.” Minnesota law defines incidents that arise “out of the maintenance or use of a motor vehicle” to extend beyond just car accidents. Some examples of other situations where you may be entitled to no-fault benefits include:
- Slip and falls while washing a motor vehicle;
- Slip and falls while fueling;
- Injuries incurred while entering into or alighting from a motor vehicle; or
- Loading or unloading a vehicle while occupying the vehicle.
If your injury is in any way related to the use of a motor vehicle, it is best to contact one of the attorneys at Nelson Personal Injury for a free consultation regarding whether or not you may be entitled to no-fault benefits.
30. Am I entitled to no-fault benefits even if I don’t own a car?
If you do not own a car, and you are injured in a car accident, you may still be entitled to no-fault benefits. Minnesota has certain priorities that apply as to where you will obtain no-fault benefits if you are injured in an accident. If you do not own a vehicle, you can look to the policy on a vehicle owned by any family members who you live with. If you do not have any family members who live with you that own a vehicle, you will then obtain benefits on the vehicle you were occupying at the time of the accident. If you were not occupying a vehicle, and were a pedestrian or on a bicycle, then you can obtain no-fault benefits through the vehicle that hit you. If that vehicle is uninsured, you can then apply for no-fault benefits through the Minnesota Assigned Claims Bureau, which is set up to provide no-fault benefits to certain individuals who do not have access to no-fault benefits through any other source. There are many exceptions to these general rules, and you should consult with an experienced personal injury attorney to determine where you should obtain no-fault benefits.
31. I was bit by a dog, who is responsible for my injuries?
In Minnesota, owners of dogs are strictly liable if their dog attacks or injures another person. What this means is that as long as you were acting peaceably, were in a place where you were legally allowed to be, and you did not provoke the dog, the owner of the dog is liable to you for damages. Recoverable damages include your past and future medical expenses, your past and future wage loss, and your past and future pain, suffering, emotional distress, and disfigurement.
Often times, insurance companies raise a defense to these claims that the person who was attacked provoked the dog. The provocation defense is a complete defense to dog bite claims. It is, therefore, important that you review the facts of your dog bite claim with an experienced Minnesota dog bite attorney.
32. I was injured when I slipped and fell on someone else’s property, are they responsible for my injuries?
In Minnesota, a property owner may be responsible for your injuries if you can prove they were negligent in the care or maintenance of their property. If there is a dangerous or hazardous condition on the property that they knew or should have known about, they have a duty to remedy, eliminate, or warn of that dangerous or hazardous condition.
Generally, however, they have no duty to warn of dangerous or hazardous conditions that are open and obvious. If you can prove the property owner was negligent, then they are responsible for your damages, including your medical expenses, wage loss, and pain and suffering associated with your injury. There are many nuances to slip and fall claims, so it is always best to consult with a personal injury attorney to review the specific facts of your case.
33. I was injured in a hit and run accident, and they have not found the driver, am I out of luck?
Typically no, as long as you carry your own insurance. First, you will have no-fault claim through your own insurance company that will cover a minimum of $20,000 in medical expenses, and $20,000 in wage loss and replacement services. Second, you potentially will have a claim against your own insurance company through the uninsured motorist portion of your policy. Your uninsured motorist policy will pay your damages for medical expenses and wage loss not covered by no-fault, as well as compensation for your pain, suffering, and emotional distress.
34. What type of injuries does homeowner’s insurance cover?
Most homeowner’s insurance policy will provide liability coverage to the property, and also the homeowner and any residents of the home that will apply in a wide variety of circumstances. This coverage could apply to injuries sustained in dog bite incidents, slip and fall incidents, trip and fall incidents, and instances of general negligence by the insureds.
Liability coverage may extend to negligence of the homeowner or residents that occurs off the property. In addition to liability coverage, many homeowner’s policies provide medical pay coverage, which will pay for a certain amount in medical expenses if someone has been injured on the property.
35. I was injured at work, what can I do?
In general, if you are injured at work, your sole remedy will be through the Minnesota worker’s compensation system, which will pay medical expenses, a certain amount in wage loss, and other possible benefits. In certain circumstances, you may also have a personal injury claim against another party who was at fault for causing your injuries.
A common example is if there is a third party, separate and apart from anyone associated with your employer, who causes your injury. For example, if you are driving for work, and someone runs a red light and hits you, you will have a worker’s compensation claim, and possibly a personal injury claim against the person who ran the red light causing the accident. Other circumstances may result in the ability to bring a personal injury claim in addition to your worker’s compensation claim, so it is important that you have an experienced personal injury lawyer analyze the facts of your situation.
36. I was in an accident and the other driver’s insurance company wants a recorded statement, do I have to give them one?
If you have been in an accident, your policy with your own insurance company may require you to cooperate with them in the investigation of the accident, which may include providing them with a recorded statement. You should always read your policy carefully to see what your policy requires of you in the event of an accident.
You have no such duty, however, to cooperate with the at-fault driver’s insurance company, and there is generally nothing that requires you to provide them with a recorded statement. The other driver’s insurance company will often try to get a recorded statement from you after an accident to attempt to get you to admit or say something that could be harmful to your claim. Because of this, you should always consult with a Minnesota personal injury attorney before having any communications with the at fault driver’s insurance company.
37. What is comparative fault?
Even if you are partially at fault for causing an accident, you still may be able to recover your damages from any other at fault party under Minnesota’s comparative fault scheme. However, the amount of money that you can recovery for your claim will be reduced by your percentage of fault for the accident.
For example, if a jury finds that you were 25% at fault for causing the accident and the other driver was 75% at fault for causing the accident, the amount you can recover for your damages would be reduced by your percentage of fault, or 25%. However, your fault cannot exceed the other parties, or you will be unable to recover any of your damages. Because insurance companies will always look to assess fault on you for the crash, it is important that you do not admit fault and avoid talking to the other driver’s insurance company without an attorney.
38. Are settlement agreements final?
In almost all circumstances, when you agree to accept a settlement from an insurance company, they will require that you sign a release, which will operate to release any and all claims you may have stemming from the accident. In other words, you are giving up your legal right to seek any additional compensation for your accident related injuries. Typically, these releases are legally binding and will prevent you from taking any other legal action to recovery compensation, even if your injuries get worse or you later discover additional damages or injuries. Because of the finality of settlement agreements and releases, it is crucial that you talk to an experienced personal injury attorney before signing anything from the insurance company.
39. How do I know if I have a personal injury case?
The only way determine if you have a viable Minnesota personal injury claim is to have your situation reviewed by an experienced Minnesota personal injury attorney. The attorney can review the facts of your injury and accident to determine whether you have a legitimate claim and whether they may be able to help you.
