• What is a Personal Injury?
  • A Personal Injury is any physical or mental injury to a person as a result of someone's negligence or harmful acts. Sometimes personal injury may be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury or wrongful death:
    • Auto and truck accidents
    • Dangerous or Defective Product Injuries (Product Liability)
    • Aviation Disasters
    • Pedestrian struck by a vehicle
    • Professional Malpractice
    • Workers Compensation
    • Slips, Falls, Fire Cases
    • Home Accidents
    • Dog Bites 
• What financial compensation can I get in a personal injury claim?
  • Personal Injury Victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The damages may include the following.
    • Medical bills
    • Lost Wages, including overtime
    • No Fault benefits in motor vehicle accident cases
    • Pain & Suffering
    • Physical Disability
    • Mental Disability / Brain Injury
    • Disfigurement
    • Permanent Scars
    • Emotional Trauma
    • Mental Anguish
    • Loss of Enjoyment
      Loss of Love & Affection
    • Embarrassment
    • Property Damage
    • All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others) 
• How do I know if I have a Personal Injury claim?
  • To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are. Incases of wrongful death, incapasitating injuries, or injury to children, the victim's family member may bring aclaim on their behalf.
• What if the accident is partly my fault, can I still have a claim?
  • Even if an accident or injury was partially the victim's fault he or she may have a Claim based on the concept of Comparative Negligence or Contributory Negligence. The term "contributory negligence" is used to describe the actions of an injured person that may have also caused that person's own injuries. For example, a person who ignores a "Caution - Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries suffered.
  • Some states, such as Minnesota, have done away with the concept of contributory negligence altogether and instead use the concept of "comparative negligence.” The term "comparative negligence” means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused. Generally, if the accident victim is not more than 50% at fault he or she can recover something.
  • If you're injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, you may have some "contributory negligence" or "comparative fault." You may also be guilty of a form of contributory negligence if you voluntarily expose yourself to danger - by riding a roller coaster without wearing a seat belt, or working with a neighbor's power saw or other dangerous tool if you're inexperienced or fail to use a safety guard. This is called assumption of risk. Depending on the state and the type of legal claim, contributory negligence or assumption of risk may limit or prevent the victims recovery.
• How do I know if I may need an attorney?
  • 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 and as soon after your injury as possible.
  • In a serious injury case, you are better off hiring an attorney as soon as possible. Most firms offer a free consultation with no obligation therefore, you have nothing to lose by consulting an attorney before you accept the insurance company offer.
  • There is a statute of limitations that requires you to file suit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help you keep within the statute of limitations.
• What is a Contingency Fee?
  • A contingency fee is a fee that is used by lawyers in most personal injury cases. It is contingent when the fee is conditioned upon your attorney's successfully resolution of your case. A contingent fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear “there is no fee unless we recover”. The client is generally responsible for the out-of-pocket costs of litigation out of their share of the recovery. Contingency fees in personal injury cases are usually one-third of what you win from the case.
• If I have a personal injury claim do I have to go to court?
  • Most personal injury cases are settled out of court between opposing lawyers or by the insurance company. If a case does go to trial you most likely will have to appear so that your testimony can be heard.
• How long do I have to make a claim for Personal Injuries?
  • Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. If you miss the statutory deadline for filing a case, your case is thrown out of court.
• What are the Statutes of Limitations?
  • The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitation differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. The statute of limitations negligence claims in Minnesota is from generally six years, and the time begins from the time of the accident. There are some exceptions and an experienced lawyer can help you with them.
• How long will it take to settle my claim?
  • 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 may take to settle. Many cases can take anywhere from 6 to 18 months to settle depending on their complexity.
• Do I Have an Employment Law Claim
• Under Construction. 

Results in Minnesota Employment, Discrimination, and Civil Rights Cases.

Three senior executives fired or forced out in reduction in force.  Defeated motions to dismiss and for summary judgment acheived close to half million in settlements.
• Female executive salesperson sexually harassed and forced out of her job (confidential settlement and career counseling provided);
• African-American steelworkers whose employer allowed a racially hostile environment and fired, demoted and discriminated against them (several confidential settlements reached after EEOC and Dept. of Labor investigation, litigation and/or settlement conferences with private mediators and judges);
• Senior vice president who was fired by his employer when he declined to retire - age discrimination and breach of implied covenant of good faith and fair dealing ($176,000 structured settlement);
• Lawyer who was fraudulently hired, and then fired by law firm in breach of contract - appeal decision (more than $365,000).

Disclaimer
This website does not intend to give legal advice on any matters. This site is created for general information and advertising purposes only. Your email inquiry and any response we may provide does not create an attorney-client relationship. This site does not guarantee any legal result. Although we strive to provide the most accurate information possible in these web pages, every case is different, and laws vary from state to state, so any information provided on this site or in email, may not apply to your particular set of facts or locale. Sending emails to an attorney does not create an attorney-client relationship between you and the attorney. Internet communication is fast and useful, but email is not a substitute for an in-depth and confidential legal consultation. Email cannot be guaranteed to be confidential or attorney-client privileged as it might be intercepted by persons other than the recipient. 

  
Walsh Law Firm
Fifth Street Towers
100 South Fifth Street, Suite 1025

Minneapolis, MN 55402
Tel:  (612) 333-1529
Toll Free (866) 333-1529
Email:  walshlawfirm@comcast.net
Website:  www.walshlawfirm.com