*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
Getting in a dangerous or deadly car accident is devastating. But when the driver of that vehicle was drunk, it was like adding insult to injury. Every state in America has recognized the danger of drunk drivers and made it illegal to drive while intoxicated. Despite these laws, 10,265 people died in alcohol-related DUI car accidents nationwide in 2015. In the last ten years, drunk drivers have caused an average of six fatal DUI car accidents per year just in Minneapolis.
If an inebriated driver gets in an accident, the victim may sue using the same evidence available in the criminal trial. In a civil case against a drunk driver, your Minneapolis auto accident attorney must prove that the person was drunk and then argue the DUI accident claim to get compensation for property damage, injuries, or deaths.
Minnesota categorizes DWI charges into four levels, with the severity escalating based on specific circumstances. The levels range from a Fourth-Degree DWI, which is the least severe, to a First-Degree DWI, which carries significant penalties and is treated as a felony. Each degree is influenced by factors such as prior offenses, the driver’s Blood Alcohol Concentration (BAC), and the presence of aggravating conditions.
Having a Minneapolis drunk driving lawyer is critical for understanding the severity of your charge and building an appropriate defense strategy to protect your rights and reduce penalties.
*The results are conditioned to the unique circumstances of each case. These results do not guarantee your case will result in the same compensation.
A strong DWI defense begins by identifying flaws or inconsistencies in the prosecution’s evidence and ensuring that law enforcement follows proper procedures. The most effective defenses are tailored to the specifics of the case, often challenging the validity of the traffic stop, the accuracy of chemical tests, or the administration of field sobriety tests.
Some common DWI defenses include:
An experienced Minneapolis drunk driving lawyer will thoroughly investigate the circumstances of your arrest and leverage these defenses to strengthen your case. For example, Minnesota’s implied consent law requires that drivers are properly informed of the consequences of refusing a chemical test (Minn. Stat. §169A.52). If this advisement was not provided, the results of the test could be excluded from evidence.
If you are involved in a drunk driving accident, whether as the accused driver or as a victim, your actions immediately following the crash can significantly affect your legal standing. Here are essential steps to follow:
In cases where alcohol consumption was involved, Minnesota law requires additional reporting and potential chemical testing. According to the Minnesota Department of Public Safety, refusing a test can result in an automatic license suspension under implied consent laws, even if you were not at fault in the accident. A skilled attorney can guide you through the legal process, ensuring your rights are upheld and that you take appropriate steps to mitigate the consequences.
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.
Yes, your DWI case may be headed for trial if a resolution cannot be reached through negotiation, or if the evidence is contested. Most DWI cases in Minnesota are resolved without trial, often through plea agreements or dismissals. However, certain situations make a trial more likely.
Here are common scenarios where a DWI case could proceed to trial:
Trials can be intricate, often requiring expert testimony and a detailed examination of the evidence. A Minneapolis drunk driving lawyer can assess your case and determine whether a trial is in your best interest. By carefully analyzing police reports, test results, and witness statements, they can develop a compelling defense strategy to present in court. Moreover, Minnesota law (Minn. Stat. §169A.52) safeguards that your attorney can leverage, such as identifying procedural errors in how the implied consent advisory was administered.
I understand how overwhelming this can be. Let me handle the legal complexities while you focus on your recovery and getting back to normal.
Victims of drunk drivers cannot rely on criminal charges to provide restitution for the crime committed. They must hire a Minneapolis drunk driving lawyer to file a lawsuit against the drunk driver.
Additionally, the victim can file a lawsuit against the facility that provided the drunk driver with alcohol. If a person was under 21 or plainly drunk already, the bartender should not have served him or her alcohol, making the establishment partially responsible under our state’s dram shop law.
An experienced Minneapolis drunk driving attorney can be critical in gaining reimbursement for medical expenses, property damage, loss of wages, punitive damages, and more. If you were the victim of a DUI car accident in Minneapolis, MN, stand up for your rights. Contact The Schmidt & Salita Law Team to schedule your free case evaluation with an experienced Minneapolis DUI car accident attorney.
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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
