*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
The Schmidt Salita Law Team here is a premier, five-star rated personal injury law firm offering quality legal services to the victims of Personal Injury, Workers’ Compensation, wrongful death, motorcycle accidents, trucking accidents, and car-pedestrian accidents.
The Schmidt Salita Law Team is a group of very experienced Personal Injury, Workers’ Compensation, and Accident Lawyers with an equally experienced support staff that is recognized as one of the top Minnesota Law Firms in representing the victims of Personal Injury in motor vehicle collisions.
Minnesota is a No-Fault state, which means that the victims of Personal Injury arising in a motor vehicle accident must first seek benefits from their own No-Fault insurance policy before seeking compensation from the at-fault driver.
The members of the Schmidt Salita Law Team provide this additional information for you with regard to how the Minnesota At-Fault system works:
Simply stated, your At-Fault claim is the claim you have against another driver who was at fault for causing the collision that resulted in your injuries. The At-Fault claim comes into play after the No-Fault claim and provides additional benefits above and beyond the No-Fault claim.
No. You do not have an At-Fault claim unless all of the following is true:
The threshold requirements are as follows:
*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
Your At-Fault claim differs from your No-Fault claim in the following respects:
The At-Fault claim is technically against the at-fault driver who caused the car accident. However, the claim is really against the at-fault driver’s insurance company. Minnesota law does not allow the claim to be made directly against the insurance company, for example, the name of the insurance company listed on the Summons and Complaint.
I understand how overwhelming this can be. Let me handle the legal complexities while you focus on your recovery and getting back to normal.
Minnesota is a comparative negligence state, which means the injured person’s fault will be compared against the fault of the party that is primarily at fault. The percentage of fault of the injured party will reduce the amount of money damages that can be collected.
For example, if the jury decides that the at-fault party was 80% at fault and the injured party 20% at fault and the reasonable amount of the damages was $100,000.00, the judge will reduce the amount that can be collected by the comparative fault of 20%. The final result is that the injured party would collect $80,000.00 instead of the full $100,000.00.
If you’ve been hurt in an automobile accident, you have the right under Minnesota law to collect money damages from the at-fault party.
Minnesota law allows a person who is injured to collect both compensatory damages and punitive damages.
Compensatory damages: It compensate a person for actual losses. They include the following:
Punitive Damages: These are damages that are intended to punish the at-fault party for conduct that demonstrates a deliberate disregard for the rights or safety of others. The term “deliberate disregard” has been defined to mean, the at-fault driver had either “known about facts or intentionally ignored facts that created a high probability of injury…or deliberately acted with conscious or intentional disregard or with indifference to the high probability of injury to the rights or safety of others.” The best example of a case where punitive damages might be allowed by the court is that of a drunk driver who caused a car accident resulting in personal injury.
If you or a loved one have sustained Personal Injury in a motor vehicle collision or Workers’ Compensation, whether car, truck, motorcycle crash, or pedestrian injury as the result of the negligence or fault of another person, please feel free to call the Schmidt Salita Law Team for a free consultation with a lawyer to determine whether you have a valid claim.
Dean Salita is a seasoned Personal Injury lawyer with over 30 years of experience, specializing in workplace injuries and occupational diseases like asbestos-related illnesses. He’s the chair of the Minnesota Association for Justice Workers’ Compensation section and has been recognized as a Super Lawyer with an AV rating by Martindale-Hubbell. Dean is dedicated to providing personal, compassionate legal support to his clients, guiding them through trials and the legal process.
Client Reviews
Google Review Schmidt Law Firm is so much more than the usual out for their back pocket firm they are a group of truly caring people. I was hit by a car & have memory loss. I don’t know how many times they all had to go over and over the same thing with me. They even gave me reminder calls for my doctors appointments. When things were so overwhelming I would call and all I could do is cry and they listened and never once complained or cut me short. Doug and Vanessa were all very helpful so was the rest of the staff. God Bless them all. By the way they got me a lot more than I had hoped for. You really don’t want to be on the opposing side of the table of Doug, he will rip you before you know he did it and he does it in such a nice way.
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When you schedule your free consultation with a personal injury attorney in Minnesota, you should come prepared with specific questions for us to address. Some of the common questions clients ask us are:
Yes, in almost all cases, having an attorney is crucial to protect your rights and secure the settlement you deserve. The Schmidt & Salita Law Team is here to guide you through the entire process, from collecting evidence to handling medical bills and lost wages. We’ll help you gather medical records and reports to support your claim, determine the value of your case, and negotiate a fair settlement. If needed, we’re prepared to file suit and take your case to court to ensure the best possible outcome.
It’s very important to start collecting evidence right away to support your case. The Schmidt & Salita Law Team will help obtain accident reports, interview witnesses, and work with treating doctors to ensure you get the proper medical care. We’ll also handle communication with insurance adjusters. Delaying the decision to hire an attorney can lead to lost time and missed opportunities. We’re here to guide you through the process from the start, ensuring you have the best chance for a successful outcome.
Many people worry about the cost of legal fees, but with Schmidt & Salita Law Team, your first consultation is free. We handle most Personal Injury and Workers’ Compensation cases on a contingent fee basis, meaning you won’t pay attorney fees unless there’s a settlement. If we win, you’ll only pay a percentage of the settlement for fees and costs, ensuring you never end up “in the hole.” This system is often called “No fees until you recover” and works like a real estate agent’s commission—paid only when you win.
It’s crucial to hire an attorney with experience in Personal Injury, Workers’ Compensation, and Wrongful Death claims. The Schmidt & Salita Law Team brings over 160 years of combined experience, handling thousands of cases, including auto accidents, construction injuries, medical malpractice, and more. Our team is dedicated to providing personal service and treating you like more than just a case number. We believe in a team approach to ensure the best possible outcome and your satisfaction every step of the way.
Most Personal Injury and Workers’ Compensation cases typically take at least a year or more to settle, and some can take even longer. This is mainly due to medical reasons, as it takes time to determine the permanent nature of an injury. Doctors or Chiropractors are often better equipped to assess the permanency of your injury. Once we have medical evidence, we compile all necessary documents and submit a settlement demand to the insurance company. The negotiation process can take several months, and if an agreement isn’t reached, we may need to file a lawsuit.
The value of a Personal Injury or Workers’ Compensation case depends on several factors. These include the degree of fault of the responsible party, the severity of your injuries, pain, and permanent disability, as well as medical bills, lost wages, and other damages. The financial ability of the at-fault party, often determined by insurance coverage, also plays a role. Schmidt & Salita Law Team, with over 160 years of combined experience, is here to help you evaluate the worth of your case and guide you through the process.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at (952) 473-4530
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“I wanted to extend my personal thanks and appreciation, as well as that of my siblings. We are appreciative of the representation you extended to our father. He always battled for the “little guy,” and you did that for him thru this process. Please extend this thank you to Molly as well. Thank you.”
“Doug Schmidt and his team were a godsend – they were compassionate and professional in helping my sister and I navigate our mother’s Wrongful Death. They were easy to communicate with, and I always felt my concerns and opinions were being heard. I would recommend Schmidt Law Firm to anyone who asks.”
“I feel very lucky to have Mr. Schmidt working for me. He took my case when my first lawyer would not and could not fight his way out of a paper bag. My case was very involved but Mr. Schmidt made it look so easy.”
“Doug and his team are top notch. They are hard working and meticulous with getting the best results… I felt like I was in good hands through the entire process. I couldn’t be happier with the outcome.”
“I wanted to tell you thank you for everything you have done for me I really appreciate it…I truly appreciate everything you did just taking the time to answer my questions, makes me feel good about what was going on and understanding what was happening and everything and just being patient with me. Again I truly appreciate ha...
“Just wanted to take this opportunity to thank you and your staff for all your efforts to collect benefits on behalf of my husband. Your kindness and sympathy during our initial visit with you was very much appreciated.”
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Dean M. Salita, with more than 30 years of legal experience as a personal injury attorney.
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1600 Hopkins Crossroad
Minnetonka, MN 55305
Phone (952) 473-4530
Toll Free 1-800-656-8450
Fax (952) 544-1308
call us: 952.473.4530
