Otten Law Offices - Personal Injury Attorney

Auto accidents - South of the River Twin Cities - Minnesota

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Personal Injury

No-Fault Arbitration

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Minnesota is a No-Fault State for auto accidents, which affords nearly all drivers and passengers medical and wage loss benefits from car insurance. BUT, did you know your auto insurance can decide to stop paying these benefits to which you are entitled!? Then what?

A great reason to retain legal representation after an auto accident is so you don’t have to file or attend a No-Fault Arbitration on your own. What is a no-fault arbitration?

A no-fault arbitration is a very informal hearing typically lasting less than an hour that occurs in an attorney’s conference room. The arbitration usually includes only 4 people – the injured person and their attorney, an attorney representing the insurance company, and an attorney acting as the arbitrator. The arbitration is for nothing more than determining if the insurance company must pay the outstanding medical expenses and/or wage loss and reinstate your PIP benefits.

The arbitration can go 1 of 3 ways:

  1. 100% successful and the injured person’s future benefits are reinstated;
  2. 100% unsuccessful, and the auto insurance company will not have to pay the expenses that were arbitrated but the injured party has the right to petition for another arbitration for future PIP benefits; or
  3. there can be partial success on both sides, meaning the auto insurance company will pay however much the arbitrator decides to award to the injured person, but benefits will not be reinstated, so, again, a second arbitration would be needed for future PIP benefits.

Many other burdens and anxieties can be alleviated from you if you retain our office for legal representation. Please explore the Otten Law website for more information or call us at 952-736-3300 for more information.

Dog Bites and/or Attacks

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Dogs have been defined as (wo)man’s best friend; however, you can find countless descriptions of our best friends acting on their animal instincts.

Minnesota is a “strict liability” state concerning dog bites. If the dog bite victim does not “provoke” or “antagonize” the dog, owners are held strictly liable for the victim’s damages (medical expenses, the value of the scarring, and pain and suffering). This liability is covered under the owner’s homeowner or renter’s insurance policy. Often times emotional as well as physical scars linger following a dog attack.

We have experience dealing with some of the best plastic surgeons and psychologists in the area who treat these types of injuries. Please explore the Otten Law website for more information or call us at 952-736-3300 for more information.

Is Minnesota a “No-Fault” state?

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There are many hazards on the road in MN that are not other drivers – snow, snow drifts, ice, black ice, deer, moose, the list goes on! This is important because not only could these hazards cause another driver to collide with you, but these hazards themselves can cause a collision without any other vehicles involved but yours!

Ultimately, living in a no-fault state is to your benefit. Whether you are found to be responsible for the collision or not, there are certain benefits afforded to auto insurance carriers under Personal Injury Protection, or PIP, benefits. First, every basic coverage policy provides you $20,000.00 available in medical coverage (includes medical bills and mileage to and from appointments). This is inclusive of all medical treatment related to physical injuries sustained in the collision.

Second, every basic coverage policy provides you $20,000.00 available in economic loss reimbursement. If you have wage loss due to the collision, the insurance company is obligated to pay 85% of wages lost or up to $500/week. Another benefit from your no-fault coverage is requesting for Essential/Replacement Services reimbursement. This includes household tasks, such as, cleaning your home, doing your dishes, cooking your meals, mowing the lawn/yard work, and laundry. If you were the one that would have completed these tasks, and now you have been unable to perform these tasks, and whether they go undone or someone else is doing them, you can submit a request to your auto insurance to have them reimburse you up to $200/week under your no-fault benefits.

Many other benefits are also available over and above PIP benefits. Please call us at 952-736-3300 for more information.

An auto accident puts several things on top of your “To do” list

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First, check for injured parties and call for medical attention if needed. Do not leave the scene as you could be charged as a “hit and run” driver. Do not apologize or admit fault as you may be taking legal liability for what happened.

Call the police if any injuries or significant property damage have occurred. Exchange information with other drivers and be sure to ask police to file a report. Gather the names and badge numbers of the officers who respond. Also, speak with witnesses and ask for their contact information. Take pictures of any vehicle damage and your injuries. Contact your insurance company and clearly explain the facts as you understand them. Do not talk to the insurance companies of other parties without first consulting with an attorney.

Do not post any information about the collision on social media sites. These can be admitted as evidence later and are considered public statements. You might unintentionally communicate something that could hurt your case. Really, as a general rule, always use caution when discussing the incident. Your lawyer, your insurance company and the police are the primary parties you can speak with.

There are other things to be concerned about, such as getting treatment for your injuries and vehicle damage estimates. Please explore the Otten Law site to learn more.

Yes. Insurance companies can require an Independent Medical Examination (IME)

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Insurance companies will often request an Independent Medical Examination or IME for an injured party. Even though the injured person may be receiving treatment from his or her own doctor, the law allows for an IME by a physician of the insurance company’s choice.

The main thing to keep in mind is that the exam is not for treatment of the injury. These are often referred to as “adverse” medical exams. IMEs provide an opinion usually favorable to the insurance company, which pays for the appointment.

IMEs are nothing to be feared, but Otten Law Offices recommends meeting with an attorney prior to submitting to an examination.

Thinking clearly when it comes to brain injuries

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It’s no laughing matter when you or a loved one has a brain injury.

The brain is the most complicated, and yet important part of the body, and blunt force injuries to the head can have multiple impacts on your ability to function. When an injury to this area is caused by someone else, oftentimes you’re left to negotiate with the other party’s insurance company, and, sadly, their motivation is to pay you as little as possible for the damage that has occurred. If you’re injured, you may not be thinking clearly, so it’s always good to seek help from a friend. You may also need expert representation, someone who knows the process with insurance companies, what’s fair for a claim and how to get the matter settled.

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