When to Hire a Personal Injury Lawyer?

You should hire a personal injury lawyer when there are financial damages, disputes of liability, or permanent injury. Even when one thinks that their case is quite straightforward, the tendency of an insurance company will always be to minimize its payouts; thus, it needs one’s legal presence.

Under Minnesota’s law, an injured party has to prove negligence in order to recover damages. Trying to handle all this by oneself is quite burdensome, especially when medical treatment and lost income are involved. A lawyer will assess your case, gather evidence, and present a strong argument on your behalf to obtain fair compensation.

Certain specific situations where hiring a personal injury lawyer is indispensable include:

• When the insurance company denies your claim or offers a low settlement, making it difficult to recover your losses
• If there are disputes over who is at fault and liability is unclear, which can complicate the case
• When you suffer long-term or permanent injuries that require ongoing medical care or rehabilitation
• If your case involves complex legal or medical issues, such as multiple parties or disputes over damages

An attorney can handle the legal process, gather the necessary evidence, negotiate with insurers, and ensure you don’t miss critical deadlines that could affect your claim’s success.

What Are the Advantages of Having a Personal Injury Lawyer on Your Side?

A personal injury attorney having you on their team brings legal knowledge and negotiation expertise to aid in one of the most stressful processes of life. An experienced attorney knows the ins and outs of personal injury law and will help you throughout every phase of your claim.

Example: A local attorney will be familiar with the relevant statutes and case law in Minnesota and can provide you with informed legal advice. They also know how to negotiate with insurance companies with your best interests in mind to help reach an optimal settlement for you.

Your lawyer will represent you in court, should your case end up in trial. They thoroughly evaluate your damages, considering future medical needs and non-economic damages such as pain and suffering.

Especially with some experienced insurance adjusters on the other side of the desk, you can with a lawyer, avoid all of the standard pitfalls of handling claims directly.

How Is Liability Established in a Personal Injury Case?

Establishing liability through evidence, such as police reports and testimony by eye or expert witnesses that prove negligence, a case is proven. Comparative fault principles apply in Minnesota, meaning that compensation will have to be reduced in direct relation to the partial fault of an individual causing an accident.

To establish liability, among other things, the following must be proved:

1. Duty of care: The defendant is legally required to act in a manner that prevents injuries. This involves taking appropriate steps to avoid foreseeable harm under the anticipated circumstances.
2. Breaches of duty: This means that the defendant has failed to meet the duty of care required of him/her by acting negligently or by failing to act when he/she should have. This breach can be through an affirmative act or non-action where action was supposed to be taken.
3. Causation: This means that there has to be a causal connection between the defendant’s act and the injury that the plaintiff suffered. The negligent act must have caused the harm that the plaintiff suffered.
4. Damages: The plaintiff has to prove that he or she suffered actual loss due to the defendant’s negligence. These damages may be in the form of medical bills, loss of earnings, emotional distress, or permanent impairment.

Liability needs to be proved with strong evidence for adequate compensation. These cases depend on medical records, accident reports, and sometimes even witness testimony.

What’s the Statute of Limitations in Minnesota?

In Minnesota, the statute of limitations for personal injury claims usually gives you six years from the date your injury occurred to bring a lawsuit. This timeline is set forth under Minnesota Statute §541.05, which states that if you do not file your claim within the appropriate time period, you may lose the right to receive compensation.

Exceptions to this general rule include:

Government Claims: If the claim is against governmental entities, special rules apply. Anyone injured must notify the government of their claim “within 180 days after the alleged loss or injury,” according to Minnesota Statute §3.736. This prior notice is required before filing a suit against a government body, and it has particular procedural obligations in order to hold the state accountable.

Statutes of limitation can differ depending on the type of claim and the entities involved, so it’s best to talk to a lawyer as soon as possible after an injury to ensure that all deadlines are met and that your rights are protected.

Top Rated, Experienced, Successful Lawyers in Minnesota

The Schmidt & Salita Law Team is a 5-star, AV-rated personal injury and wrongful death law firm. The Team’s lawyers have 70 years of experience in over 10,000 successful cases throughout the State of Minnesota in Minnesota and the Minnesota State Courts and the U.S. District Courts.

The lead lawyers are Douglas Schmidt and Dean Salita, supported by a large staff of associate lawyers and legal assistants. The staff also has over 70 additional years of experience in personal injury and wrongful death claims. The competency of the staff is very important. When an injured person hires a trial lawyer, they want an experienced and busy lawyer who is often in court or hearings. That means that it is important that the staff be present to deal with the client’s needs on a daily basis.

You Don’t Have to Go Downtown for a Great Lawyer

Both Schmidt & Salita worked for many years in downtown law firms. They are acknowledged as among the best personal injury and wrongful death lawyers in the State of Minnesota. They have both left downtown Minneapolis in order to provide “downtown quality” legal services at locations more accessible to their injury clients. Many folks simply can’t negotiate the skyways and ramps of downtown Minneapolis or St. Paul. One of the mottos of the Schmidt & Salita Law Team is “You Don’t Have To Go Downtown For a Great Injury Lawyer!”

Douglas Schmidt is a Highly Respected, Highly Rated Injury Lawyer With a Great Track Record of Success

Schmidt is a highly respected attorney who has received many awards respecting the quality of his legal abilities and accomplishments. He has received the Award of Merit of the American Bar Association. He has twice received the Distinguished Service Award from the Minnesota Trial Lawyers Association, now the Minnesota Association of Justice. He has been rated AV by Martindale Hubbell for 35 years. He has served as a visiting lecturer at the University of Minnesota Law School, William Mitchell Law School, and Gustavus Adolphus College. He has served as President of the Million Dollar Roundtable, lawyers with $1 million jury verdicts in personal injury cases.

Schmidt is the founder of Lawyers Against Drunk Driving (LADD). He is the founder and host of the West Metro Continuing Legal Education Consortium.

Dean Salita is Also Highly Respected and Highly Rated As a Personal Injury and Worker’s Compensation Lawyer

Dean Salita is also a highly respected personal injury and wrongful death lawyer. He has been recognized as a Super Lawyer. He also is distinguished as one of the best workers’ compensation lawyers in the State of Minnesota. He currently serves as the Chair of the Workers Compensation Committee of the Minnesota Association of Justice. He has a great track record in bringing justice to the victims of personal injury and wrongful death with million-dollar recoveries.

The Schmidt Salita Law Team Handles a Wide Variety of Personal Injury and Wrongful Death Claims

The Schmidt & Salita Law Team handles cases involving car accidents, trucking accidents, motorcycle accidents, pedestrian car accidents, and bicycle accidents. It has many years of experience in workers, product 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.

Contact Experienced Injury Lawyers Today

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.

If you have been injured in Minnetonka, MN, contact us online or call (952) 473-4530 to protect your rights and get the compensation you deserve!