Category: Personal Injuries
Buckle Up!
November 15, 2011 | Jon P. EricksonI recently read two different articles about the rate of traffic accident deaths where seat belts were not being used. One was about the motor vehicle accident (MVA) death rate in MN, and the other involved the statistics nationally. Both articles stated that some 50{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of the people who died in MVA’s were not wearing seat belts. We see this in many of the MVA cases where we represent the deceased’s family or where there have been serious injuries. That percentage to me is very disturbing! It tells us that many of our MVA deaths are preventable simply by fastening a seat belt before driving and/or when getting into a car. There are very few cars if any that don’t have seat belts. I am taking this time to remind all of us how easy it would be to lower the death rate….FASTEN YOUR SEAT BELTS!! The other disturbing part of these articles was how many of these deaths involved our young drivers, young men and women under the age of twenty five. We have to take the time to try to get these young people to remember to fasten their seat belts when they get in their cars. Here are some very easy things we all can do to prevent these deaths:…
Read MoreWhy I Do This
October 25, 2011 | John T. BuchmanI recently resolved a couple of cases for very nice clients that reaffirmed why it is I’ve been representing injured people for the past 27 years. These included people injured in car crashes, from dangerous products, and injuries on construction sites primarily in Anoka County and the north metro but in other locations as well. Handling personal injury matters is tougher today than it was 15-20 years ago. Insurers are more stingy, confrontational and combative. My clients are frequently frustrated that cases end up in litigation more often, take longer and cost more to obtain a fair outcome. Yet, it’s the clients that I meet and their friends and family that provide satisfaction and make the effort worthwhile. I’ve had the pleasure of knowing several people who have persevered after brain injuries, serious burns and amputations. I’ve also met those that have suffered the more common neck and back injuries. I’m struck by how many of them still smile and go to work, take care of their families and responsibilities and do the best they can. More often than not when I first meet a client they tell me at the outset they are not in it for a huge settlement. They are reluctant to hire an attorney. They often decided to hire…
Read MoreTo All Do-It-Yourselfers: Call Before Going To Conciliation Court After a Car Crash
July 25, 2011 | John T. BuchmanWith the internet and so many resources available, many people are doing things on their own without hiring others in order to save money. Conciliation Court is actually set up for the “Do-It-Yourself-er” to resolve legal disputes involving up to $7,500.00. However, a person involved in a car crash that uses Conciliation Court can unwittingly lose other rights arising form that same crash. A recent Minnesota Supreme Court case highlights the danger. The Court ruled on July 20, 2011, that the injured party who had previously won a judgment in Conciliation Court for damages to her car could continue for her claim with physical injuries but had to forfeit her Conciliation Court judgment and repay the defendant. The Supreme Court overturned a Court of Appeals decision that threw out her personal injury claim. Plaintiff ran into a little-known doctrine which prevents “splitting a cause of action.” This generally means that you can’t sue the same defendant or an agent of the defendant more than once for different claims arising from the same injury. Plaintiff, at first brought a Conciliation Court claim for property damage when the defendant’s insured failed to pay for all of the damage to her car. She hadn’t hired a lawyer yet but had talked to one briefly. She tried…
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