
Personal InjuryDo I need to hire a personal injury attorney?
If you are injured as a result of someone else's negligence, and you will be making a claim against an insurance company, the answer is typically yes. The insurance company typically does not treat you like it says it will in commercials. You may be forced to fight for benefits for which you have already paid a hefty premium. Additionally, the insurance company is looking to keep its money, not pay out. Studies have shown that settlements with clients that are represented are almost three times that of settlements with clients who are not represented.
When should I hire a personal injury attorney?
You should consult a personal injury attorney immediately. Oftentimes, the insurance company will call you the day of or the day after the accident to request a statement from you. Most often it will request that the statement be recorded. This statement may be used against you at a later date. Further, the insurance company will request that you sign authorizations so that they may obtain information about you. An attorney can determine what the insurance company is and is not entitled to obtain and review. Also, the sooner you hire a personal injury attorney, the sooner witnesses statements can be obtained and their testimony preserved. The more time that passes between the accident and contacting the witnesses, the more likely it is that the witnesses may not recall specific facts that would be helpful to your case.
What will it cost to hire a personal injury attorney?
A personal injury attorney's fees are owed only if there is a recovery.
Who pays for my medical bills and potential wage loss?
Minnesota is a no-fault state. That means the state requires that every policy of insurance provide a minimum of $20,000 in medical benefits and up to $20,000 in wage loss benefits. Policies on motorcycles may or may not include no-fault benefits. No-fault means that it does not matter who caused the collision; your own policy of insurance should pay your medical bills and wage loss as long as the bills are reasonable, necessary, and related to the injuries sustained in the collision. The benefits are paid first by your own policy of insurance, but if you do not have your own policy, then possibly benefits will be paid from the policy on the vehicle you were in at the time of the collision, or a family members insurance policy.
If you have stacking on your vehicles, you may be entitled to more than the $20,000 minimums. Typically, your own insurance company will not pay the entire benefits available to you without a fight. Even though it is your own company, it is not working for you. Infact, oftentimes your own insurance company will attempt to obtain a recorded statement from you following the collision that it may or may not use against you at a later date. Because of this, you should contact a personal injury attorney before providing a statement to any insurance company, even if it is your own. Will my insurance rates go up?
Not unless you are found more than 50 percent at fault for the accident. If you are found less than 50 percent at fault, then the law says your insurance company cannot raise your rates if you make a claim for medical benefits and wage loss.
Will I have to sue anyone?
Typically, 8 out of 10 cases result in settlement before involving the court systems. Of the other 20 percent that are filed with the court system and headed to a jury trial, 90 percent settle prior to reaching a jury verdict. The ultimate decision to settle is yours. The attorney provides you with recommendations and advice based on the facts of your case.
If I do have to file suit, who will I be suing?
If the insurance company for the at-fault party does not make an offer that you are willing to accept, then the next step is to sue the at-fault party. Although 99 percent of the time we are dealing directly with the insurance company for the at-fault party, the law requires that the at-fault party be named as the defendant in a claim against that party. In Minnesota, you cannot name the insurance company for the at-fault party.Last year, Minnesota passed legislation that creates a first party good faith law. Minn. Stat. 604.18. This new legislation requires the insurance company to have a reasonable basis to deny a claim. www.mnaj.com
How long will the process take?
It depends. Before discussing settlement with the insurance company, we need to know about all of your injuries and whether or not the doctors believe they are permanent in nature. Typically, doctors wait for approximately one year before they can determine if the injuries you have experienced will have lasting effects. If all of your injuries are not fully evaluated by the time settlement with the insurance company is reached, your claim may not be evaluated properly. Typically, you have only one chance to settle your claim with the insurance company.
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![]() ![]() Personal InjuryWhen faced with a situation where you're injured due to someone else's careless actions or negligence, it's important to have someone on your side who will ensure that you're getting the treatment and compensation that you rightfully deserve. The personal injury attorneys at Bowden ♦ Cyr ♦ Mortel are highly qualified at taking on insurance companies and getting top-dollar settlements-ensuring that your needs are met. Your best interests are our top priority. We'll do everything we can to help you restore your quality of life.Bowden ♦ Cyr ♦ Mortel represent clients in the litigation, mediation, and arbitration of automobile accidents, work-related accidents, products liability, slip and fall, and other personal injuries.
Call us now toll free at 866-602-2254 or click here to contact us via email.
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