How Does Having a Personal Injury Attorney Help Me?
August 20, 2013 | Adriel B. VillarrealIn an ideal world, insurance companies would pay the fair value of an injury claim without any struggle. After all, you’ve paid all of your insurance premiums and you’ve upheld your end of the bargain. Unfortunately, things rarely go so well after an accident. The insurance company is not your friend. An insurance company is in the business of making money, and typically, they don’t really want to pay the full value of a claim. Some insurance companies will try to shift responsibility for an accident and the bills the accident comes with onto you. Other insurance companies will try to play pass-the-buck. They’ll try to argue that the bills are some other insurance company’s responsibility. In most cases, insurance companies may settle eventually, but it’s usually a mere fraction of the amount that it takes to meet your medical bills, replace lost wages, and deal with the suffering caused by a car accident, or someone else’s negligence. Some insurance companies may even get downright nasty, acting as if you’re trying to defraud them by asking for the money that the law and your insurance policy may rightfully be obligated to pay you. In addition, insurance companies are excellent at trying to manipulate people into saying or doing things that can hurt their…
Read MoreEmployer Liability for Employees’ Actions
August 19, 2013 | Jennifer C. MoreauMinnesota recognizes three negligence causes of action in which an employer is liable to a person for injuries caused by an employee: negligent hiring, negligent retention, and negligent supervision. This article will describe these causes of action. The Basics Negligence imposes a duty upon an employer to exercise reasonable care if the employer’s action creates a foreseeable risk of harm or injury to another. Though the particular injury need not be foreseeable, it must have been reasonable to expect so that a sensible person would take precaution. If the connection between the harm and the employer’s act is too remote, no liability will be imposed. Negligent Hiring An employer is liable for negligent hiring if it hires someone for a position through which the employer knows, or should have known through investigation, the employee would pose a foreseeable threat of injury to others. The injury must be physical but does not need to occur within the scope of employment. The duty of the employer to conduct a reasonable pre-employment investigation depends upon the job. For example, an employer owes no such duty for a maintenance worker whose responsibilities required no exposure to the general public and limited contact with coworkers. Yet in Ponticas v. K.M.S. Invs., 331 N.W.2d 907 (Minn. 1983), an employer…
Read MoreWhat is Early Neutral Evaluation (ENE)?
August 12, 2013 | Elizabeth A. SchadingEarly Neutral Evaluation, or ENE, has become a pretty common component of family law cases in Minnesota. It’s a voluntary process of evaluating and mediating the issues of a divorce. Parties may opt into Financial Early Neutral Evaluation. This will be conducted by one skilled evaluator, who may be an attorney or accountant. In the case of divorce or other family matter involving children, parties may opt into Custody/Parenting Time (CPENE) also known as Social Early Neutral Evaluation (SENE). This will be conducted by a male/female team who are experienced family law attorneys, social workers, psychologists, or other professionals knowledgeable about children’s best interests. Some couples will use both processes. How Does It Work? You, your spouse or other parent, and attorneys (if you have them) will meet with the evaluator(s). The process will take three or four hours, and a fee will be assessed prior to the meeting so that you will know how much it will cost. Each side has the chance to present their information about how they feel the issues should be resolved. The evaluators will ask questions. Ideally, an agreement will be reached, just like in any divorce mediation. We recommend our clients go into an ENE with an open mind if they choose to exercise the option,…
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