The personal injury, wrongful death, and Worker’s Compensation lawyers on the Schmidt Salita Law Team, formerly Schmidt Law Firm, have much experience in helping the victims of injury to collect all of the benefits of the duly deserve under the various types of recovery available
Victims of personal injury are entitled to benefits from many sources including the following:
-The victims of car accidents, motorcycle accidents, trucking accidents, bus accidents and pedestrian accidents are entitled to receive No-Fault Insurance benefits under Minnesota’s No-Fault Insurance law.
-They are also entitled to make a claim for liability insurance benefits against the liability insurance coverage of the at-fault party. That involves making a claim against the negligent party.
-When the at-fault party does not have enough liability insurance to pay the fair value of the claim, they are entitled to seek Underinsured Motorist benefits under their own UIM coverage.
-If the at-fault party has no liability insurance at all, they are entitled to receive Uninsured Motorist benefits under their own Uninsured Motorist coverage.
-When the personal injury victim has sustained the injury while in the course and scope of unemployment, they are also entitled to receive Workers Compensation benefits.
When injuries result in disability as defined by the Social Security Administration, Social Security disability benefits may also be available.
A person is considered disabled, in accordance with the Social Security Administration definition, when they are not able to work in any substantial gainful activity because of a medically determined physical or mental impairment that (A) has lasted or is expected to last for a continuous period of at least 12 months OR (B) is expected to ultimately result in death.
The initial application process starts with an application to any local Social Security office. You will be expected to provide information to the Social Security agent, including information about the nature and extent of your disability, the healthcare providers from home you have received treatment for your condition, and information with regard to your previous employers.
After you filed your initial claim, it will be evaluated by a state agency of the Social Security Administration and an initial decision will be made as to whether you are entitled to Social Security disability benefits.
It has been estimated that approximately ¾ of the applications are initially denied. Don’t stop there and give up. Once the applicant receives a notice of denial. an appeal must be filed within 60 days. Failure to do so will result in a final denial of your claim for benefits and your only recourse would be to start over with a new application. The Schmidt Salita Law Team recommends that you retain the services of an attorney at this point to file an appeal and represent you going forward with the appeal process.
The next step in the process is reconsideration, but very few decisions are reversed at this stage. If the reconsideration is not reversed, the final step in the process is to appeal to take your case to a hearing before an administrative law judge. Again, the Schmidt Salita Law Team strongly recommends that you have the services of an attorney well before the hearing in order to allow the attorney to properly present your claim. More than half of the claims that are brought to hearing are approved. People who are represented by an attorney are far more likely to receive a favorable decision at the hearing and ultimately collect Social Security disability benefits.
The personal injury lawyers on the Schmidt Salita Law Team have many years of experience in representing the victims of personal injury who have sustained a resulting disability such as would entitle them to disability benefits under many types of private disability insurance policies, including various types of Short Term Disability (STD) claims and Long Term Disability (LTD) claims.
They also have experience in successfully challenging denials of accidental death benefits under life insurance policies as well. In several recent cases, Douglas Schmidt was able to quickly reverse the denial of accidental death benefits where the life insurance company wrongfully claimed that the death was from “natural causes” rather that “accidental causes”.
The Schmidt Salita Law Team handles cases involving car accidents, trucking accidents, motorcycle accidents, pedestrian car accidents, and bicycle accidents. It has many years’ experience in workers , products liability and medical malpractice cases.
The Schmidt Salita Law Team has extensive experience with concussion injuries, traumatic brain injuries, neck and back injuries, whiplash injuries, broken bones, injured joint injuries (knee, hip, shoulder, wrist, ankle, spinal), amputation injuries, and vision and eye injuries.
The Schmidt Salita Law Team has offices through out the State of Minnesota. Its primary location is at Ridgedale Office Center in Minnetonka, near the intersection of I394 and I494. The offices offer handicap accessible with ample parking.
The firm offers contingent fee agreements (You don’t pay lawyers fees until you collect and then only as a percentage of the settlement). It also offers home and hospital visits to clients whose injuries present difficulty in coming to the office.
The Schmidt Salita Law Team has locations throughout the Twin Cities metropolitan area of Minneapolis and St. Paul, as well as Minnetonka, Maple Grove, Plymouth, Osseo, Anoka, Coon Rapids, Brooklyn Center, Fridley, Blaine, Shoreview, Woodbury, Falcon Heights, Columbia Park, Stillwater, Hastings, Inver Grove, Cottage Grove, South St. Paul, Apple Valley, Eagan, Burnsville, Savage, Shakopee, Richfield, Bloomington, Chaska, Chanhassen, Edina, Eden Prairie, and Hopkins.
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