Minnesota Accident Blog

When should I hire a personal injury attorney?

You should consult a personal injury attorney immediately. Often times, the insurance company will call you the day of or the day after the accident to request a statement from you. Most often they will request that the statement be recorded. This statement may be used against you at a later date.  Sometimes people are on medications that affect their ability to recall events at that time. Further, the insurance company will request that you sign authorizations so that they may obtain information about you. An attorney can determine if the authorizations are proper and allow the insurance company to obtain and review only information the law entitles them to review.   Also, the sooner you hire a personal injury attorney, the sooner witnesses statements can be obtained and testimony from those witnesses preserved. The more time that passes between the accident and contacting the witnesses the more likely it is that the witness may not recall specific facts that would be helpful to your case. Finally, hiring an attorney right away allows you to focus on treatment and getting better.  An attorney will deal with the insurance companies and ensure that the benefits you have paid for you are receiving.

What is No-Fault?

Minnesota is a no-fault state.  The state requires that every policy of insurance provide a minimum of $20,000 in medical benefits and $20,000 for loss of income, funeral expense, replacement services, survivor’s economic loss and survivor’s replacement services arising out of injury to any one person as a result of an automobile accident. Minnesota Statute §65B.44. Policies on motorcycles may or may not include no-fault benefits.  Medical bills and wage loss are paid as long as the expense is reasonable, necessary and related to the injuries sustained in the automobile accident. The benefits are paid by your own policy of insurance, but if you do not have your own policy, then possibly from the vehicle you were in at the time of the collision, or a family member’s insurance policy.

Wage loss benefits with a standard policy are paid at 85%, but no more than $250 per week.  Minnesota Statute §65B.44. If you choose to stack your policies, you may be entitled to recover more than the standard $40,000 or more in medical benefits and wage loss benefits.  A careful review of the policy will determine the amount of benefits available to the injured person or the family memebers.