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Frequently Asked QuestionsQ. No-Fault? What is no-fault insurance, and what does it mean to me? A. The Minnesota No-fault Act provides that (in all but a few cases) your own automobile insurance company will pay your medical bills (usually up to $20,000) and your wage loss (up to a maximum of $250 per week), along with other benefits, regardless of whose fault the accident was. For example, if you were rear-ended by someone else, and had to go to the emergency room, and missed a week of work, your automobile insurance would pay your medical bills and your wage loss benefits even though the accident was 100% the other person's fault. However, this does not mean that fault is irrelevant. For things like property damage and personal injury damages above and beyond what no-fault pays, the insurance company for the driver who is at fault will have to pay. Q. What damages does the law allow for personal injury claims? A. Personal injury victims are entitled to recover money damages for almost all losses that they incur as a result of the injury. Those damages may include the following:
Q. If the accident is partly my fault, can I still make a claim? A. Yes. In Minnesota, as long as the accident is not more your fault than anyone else's involved in the case, you can recover your damages. However, your damages will be reduced by your percentage of fault. For example, if your case was worth $10,000, and you were 30% at fault, you would be allowed to recover $7,000. However, your percentage of fault has absolutely nothing to do with your right to recover your no-fault automobile insurance benefits. In Arizona, you recover your damages, less your percentage of fault, and there is no maximum amount of fault on your part that bars a recovery, short of 100%. For example, if you had a case worth $10,000, and you were 90% at fault for the accident, you would still recover $1,000. Q. How do I pay my lawyer in a personal injury case? A. Mr. Edwards accepts these cases on what is known as a contingency fee basis. This means that you do not have to pay any money for Mr. Edwards' services in your case unless and until a settlement is recovered for you. The usual contingency fee in cases like this, by virtually every attorney who practices in the area, is 33.3%. Q. How long do I have to make a claim for a personal injury? Are there time limits? A. Yes, there are time limits. In Minnesota, the typical time limit is six years for simple negligence, four years for medical negligence, and two years if your injury arises out of a condition which is considered to be a "permanent improvement to real property." In Arizona, the typical statute of limitations is two years. However, if you or going to be bringing a claim against any agency of state or local government, there are very specific written notices which must be given within six months of the date of the accident. Q. How do I know if I need an attorney? A. If you have been seriously injured or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind. In a serious injury case, you are better off hiring an attorney as soon as possible, particularly given the fact that this firm will not charge you for hiring them. The law firm of Robert N. Edwards, Chtd, gives free consultations with no obligation. Therefore, you have absolutely nothing to lose by consulting with Mr. Edwards before you accept any offer of settlement from any insurance company. Q. If I have a personal injury claim, does this mean I will have to go to court? A. Absolutely not. Only about 10% of Mr. Edwards' cases end up going to trial. Because of his years of experience in the field Mr. Edwards is usually able to negotiate a fair settlement directly with the insurance company. Again, experience matters. Q. How long will it take to settle my case? A. The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case, the longer it usually takes to resolve. At a minimum, it will take four months to settle even a simple personal injury case, and, at a maximum, two to three years. This seems like a long time to the average person, but, in some cases it is necessary to take that much time, primarily because serious injuries require a year or two, at a minimum, before the injured person reaches the point where further medical treatment will not benefit them, and it is only at this point that the case can be accurately evaluated with regard to the future. It is very easy to settle a case too soon. When that happens, usually the injured person lives to regret it. Q. What is a personal injury case? A. A personal injury is any physical or mental injury suffered by someone as a result of someone else's carelessness. Sometimes personal injuries may be referred to as bodily injury. Personal injuries can occur in an almost endless variety of ways. The following are some of the most common occurrences that result in personal injuries:
Q. Who pays for my medical bills or wage loss? A. This depends on whether or not it is an automobile accident or some other kind of accident, and whether the accident occurred in Minnesota or Arizona. If the accident occurred in Arizona, the first place any medical bills should be submitted would be to your own health insurance or, if you have a medical payments clause in your automobile policy, to your auto insurance company. In Minnesota, if it is an auto accident, your automobile insurance will pay a the first $20,000 of your medical expenses and wage loss benefits of up to $250 per week, plus additional benefits. In Arizona, if you have wage loss, you had better hope that you have some sort of disability policy at work which will cover that, or that you have a disability or wage loss benefit in your auto policy. If your injury occurs outside of the automobile accident field, whether in Minnesota or Arizona, medical expenses and wage loss would have to be covered, at least initially, by your private insurance. Q. What settlement amount would be fair for my case? A. There are no hard and fast rules for evaluating personal injury claims. This is where 25 years of experience comes into play. Factors that need to be considered, in every case, are:
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