1. Do I need a lawyer?
In most cases, yes. If insurance companies always dealt with accident victims in a fair manner, attorney assistance may not be needed. But insurance companies are corporations that are in the business of making money, not paying it out. An insurance claim adjuster evaluates claims and most often those evaluations are low, keeping their profits high. Your best interests may not be served by you dealing directly with the claims adjuster. You need someone to handle the paperwork, advise you which insurance requests are legitimate, make sure your bills and wage loss are paid in prompt fashion and advise you as to the real value of your claim. I see our job as to do these things and allow you to concentrate on recovering from your injuries.
2. Who pays my wage loss, medical bills and how much am I eligible for?
North Dakota and Minnesota are both no-fault states. Wage loss and medical expenses are covered under the "no-fault" coverage portion of the auto insurance policy without regard to fault. In North Dakota the coverage follows the vehicle and in Minnesota it follows the person but there are exceptions and times where the vehicle does not have coverage. An attorney is often in the best position to know the law and determine which coverage applies. Once the coverage is determined, the same insurance company will pay both wage loss and medical expenses. The typical coverage in North Dakota is $30,000 for medical expenses and wage loss combined. In Minnesota, the minimum coverage is $20,000 for each medical bills and wage loss. You should note that wage losses are paid out at a rate of 85% of your weekly wage with a cap of $150 in North Dakota and $250 per week in Minnesota.
3. What does it cost to hire a lawyer? Can I afford one?
The Wayne Aarestad Law Firm works for you on a contingent fee basis. That means that unless there is a money recovery on your case, there is no fee. Our fee is only a percentage based on your recovery. We are selective in our cases in order to make sure that our clients receive the attention they need. We also believe in fair and timely settlements, and we put a great deal of emphasis on them. If necessary, however, the Wayne Aarestad Law Firm is prepared to litigate your case in court.
4. I did not notice the pain immediately but went to the doctor several days after the accident? Can I still pursue a claim for my injuries?
This is not unusual. Some injuries, such as broken bones or cuts are noticeable right away. Others, such as soft tissue injuries or whiplash, may take days or weeks to manifest themselves. A soft tissue injury involves your muscles and those muscles may not tell you that you hurt until a day or days later.
5. Am I entitled to compensation for pain and suffering?
There are several determinations and factors that must be addressed to determine this answer. If you are less than 50% at fault for the injury and if your injury is "serious". North Dakota and Minnesota both have thresholds established by law in order to determine if you have a serious injury. Minnesota requires one of five thresholds to be met before you are eligible for compensation in a motor vehicle accident. The thresholds are: death, 60 days missed from work, permanent scar, permanent injury or $4,000.00 in medical bills. In North Dakota the thresholds are similar but the medical bill level is $2,500. However, you should have an attorney determine if you have met a threshold as each case presents specific circumstances.
6. How long should I wait to hire an attorney and what is the normal time frame for a settlement or a trial? Do I have a time limit in which to bring a claim?
Most injuries take time to heal and you want to know all you can about your injuries. The time of healing is to ensure that you have received substantive treatment and that the injuries are well defined. The average is anywhere from six months to one year depending upon the facts and the injuries presented in the case. In most cases, there is six years from the date of the incident in which to file a Summons and Complaint with the court in which to protect your claim. However, again, there are exceptions and you should have an attorney look at your specific case to determine the statute of limitations.
