Legal Question in Personal Injury in Minnesota

single car accident that injured self and kids

Hello, i was in a rollover car accident a few months ago due to weather conditions, the only people involved were myself and my two teens. We were all injured, myself and son the worst. If someone else caused this we would have bodily injury claim, but because it was just my fault there is no injury claim right? Will my insurance pay(i had full coverage) for the fact I have lost full use of my right arm or my sons and daughters back and neck injuries that aren't getting any better? My son was an avid athlete too and now can't play any sports, not sure if he will ever be able to in the capacity he once did. Thanks for your advice.

Asked on 4/20/09, 9:27 pm

4 Answers from Attorneys

Jeffrey D. Thill Thill Law Firm, P.A.

Re: single car accident that injured self and kids

At the very least, your kids will have a claim against you, if your driving was negligent. Also, you may have a claim, depending on the circumstances of why your car rolled over. Example: If another car edged into your lane and you were avoiding them when you lost control, you may have an uninsured motorist claim under your auto policy

Each of you should have a minimum of $20,000.00 medical coverage under your No-Fault policy. There is also a variety of other coverages for things like wage loss, replacement services, rehabilitation, etc. that are included in your No-Fault coverage. The limits may be higher if you purchased stacking or were never offered stacking by your agent.

You should consult a personal injury attorney immediately to protect your rights.

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Answered on 4/21/09, 8:34 am
Donald Kohler Donald W. Kohler, Attorney at Law

Re: single car accident that injured self and kids

You need to contact a personal injury attorney.

Below is some basic information concerning your insurance (No-Fault coverage) and the thresholds necessary for bringing a claim against an at-fault driver.

What Is Covered By No-Fault Insurance?

No-Fault insurance provides for payment of Chiropractic and other medical expenses, wage loss, medical mileage, replacement services and, in some cases, retraining, regardless of who was at fault in causing the accident.

Is There a Cap On No-Fault Benefits?

You are entitled to a maximum of $20,000 for Chiropractic treatment, other medical treatment, and medical mileage expenses.

You are entitled to a maximum of $20,000 in wage loss and replacement services (such as household help).

How Do I Make A Claim Against the At-Fault Driver?

The Minnesota No-Fault Law sets forth thresholds that need to be met before an individual can be compensated for pain, suffering, loss of earning capacity, and other general damages. A claim for general damages can be made when any one of the following occurs:

• You have a permanent injury;

• You have permanent disfigurement (such as scars);

• The sum of medical and/or Chiropractic treatment exceeds $4,000;

• A disability of 60 days or more; or,

• The injuries cause death.

How Much Will It Cost To Retain An Attorney?

Work is performed on a contingency-fee basis and a fee charged a recovery is made. There is no charge for a consultation.

What If I Don’t Have A Case?

There is a fee only if a recovery is made.

Do I Need An Attorney?

• You should contact an attorney if you are unclear or uncertain about your rights and the benefits available to you under the Minnesota No-Fault Act;

• You should contact an attorney immediately if the collision was caused by an alcohol impaired driver. These types of cases have “notice” requirements that an attorney will need to serve in order to preserve your claim.

• You should contact an attorney if there is a dispute over who was at-fault in causing the accident.

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Answered on 4/21/09, 11:59 am

Re: single car accident that injured self and kids

If X caused your injuries, then you and your children would have a claim against X. Since you were the driver, you cannot make a claim because of your own actions; however, your children could make a claim against you if you were the "at-fault" party.

Some families will make these claims, and some families will not make these claims. Those are your family's legal rights based upon my experience in this type of law.

Please feel free to contact me to discuss these issues as I am happy to help you.

J D Haas

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Answered on 4/20/09, 9:34 pm
Steve Gordon Gordon & Elias, L.L.P.

Re: single car accident that injured self and kids

Dear Sir-

I am not licensed in Minnesota, however, do not be so quick to say that you are at fault. A car, truck and/or SUV should be designed first not to roll over and then, second, if a rollover occurs, it should be designed to minimize injuries to the occupants. There are many cases throughout the United States involving these types of claims. I would consult you to only speak to a personal injury lawyer that specializes in these types of product liability claims. We have, in Texas, a very famous lawyer that handles these types of claims. Because of his fame, lawyers from all over the United States refer him these types of cases. If you want, you can email me and I will give you his name and number. There are others throughout the US that are also specialists in this type of crashworthiness litigation. Good luck and, for your so, I hope you exhaust this inquiry.

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Answered on 4/20/09, 9:36 pm

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