What Factors Can Affect My Accident Claim?

No two accidents are ever exactly the same. Different factors affect how much victims can collect in compensation – and navigating those factors can be challenging. The at-fault party’s legal and insurance representatives will look to bend those factors in their favor. Without experienced legal representation of their own, victims stand to lose the financial award they deserve for their injuries and suffering, and that they need to secure their financial future.

The skilled personal injury team at Tyroler Leonard Injury Law is here to help victims fight for fair, substantial compensation. We will review your situation’s specifics with great care and build a convincing case to deliver the best outcome possible.

Tyroler Leonard Injury Law is the Right Choice

Tyroler Leonard Injury Law is the right firm to choose when you need representation. But you do not have to just take our word for it – we have evidence from our clients and colleagues. Our clients’ own words show how much we care about them and their cases. Many of our clients come as referrals from other attorneys who are unable to take the case. We have the respect and trust of other law firms.

Our goal is not just to win a case, but to make the client’s journey toward victory as smooth and stress-free as possible. When you put your case in our hands, we honor that trust.

The Severity of Your Injuries

The range of injuries that can be sustained in accidents produce is broad. Generally, more severe injuries lead to higher compensation, but even seemingly “minor” injuries can have costly effects on your life.

Injuries require medical care, and medical treatment always comes with a high bill. And even “minor” sprains and strains can require physical therapy or other rehabilitative measures. More serious injuries can demand surgeries, hospital stays, and extensive rehabilitation.

When injuries are catastrophic, victims may need continuous around-the-clock care. They may need help with daily hygiene and require personal assistance or mechanical apparatus for hydration, respiration, and nutrition.

Hopefully, you will recover from your injuries and see your quality of life restored. In those cases, settlement amounts are typically less than for those who are disabled, in chronic pain, paralyzed, or otherwise limited or incapacitated, even after maximum medical improvement, and who are unable to return to the lives they lived before the accident.

Your personal injury attorneys will consult with your medical team and other experts to understand the severity of your injuries and your prognosis. These factors will be used to determine a fair settlement value.

Additional Consequences of Your Injuries

Injuries do not affect just your physical life – they can affect your entire life. Your accident-caused injuries may render you unable to work in the job you held before the incident. They may prevent you from carrying out the physical or cognitive duties required. Clearly, this outcome leads to a problematic financial situation.

The attorneys at Tyroler Leonard Injury Law will factor your changed ability to work and earn into your settlement amount. If you can work but in a diminished capacity or need to earn new credentials to change your field of employment, we will include those losses and costs in the demand. If you cannot work at all, we will calculate the value of your lost income and benefits and seek to restore those losses through your compensation.

You may also need to hire others to carry out personal responsibilities if your injuries prevent you from managing on your own. For example, you may need help with childcare, transportation, or home and property maintenance. If injuries affect your mobility, you may need to make adjustments to your living environment to accommodate your needs.

Accidents cause emotional damage as well. You may experience depression if you feel isolated by your new limitations and pain and are no longer able to engage socially or participate in special events–or just everyday activities–as you used to. Accident victims often feel anxious, worrying about what their “new” future holds. The extent of these emotional losses and diminished quality of life are also factors in your accident claim and compensation demand. Though they do not have an actual bill, these costs carry significant value.

Accident victims often do not have the experience to recognize just how comprehensively their injuries reach into their lives. Our attorneys have been fighting for accident victims for years and will not overlook details or underestimate how your injuries have cost you.

The Element of Fault

Personal injury laws in Minnesota and Wisconsin follow a comparative negligence system, and both states apply the “51%” rule. If victims hold less than 51% of the blame for the accident causing their injuries, they can pursue compensation from the at-fault party. As stated in Minnesota law, victims can seek damages if their degree of fault is “not greater than the fault of the person against whom recovery is sought.”

If you meet that threshold, you can still see your compensation reduced by the percentage of fault attributed to you. For example, you may be T-boned at an intersection by a driver who runs a red light. Though that driver clearly bears fault, if you were not wearing a seatbelt and this lack of protection contributed to your injuries, you could be assigned a percentage of fault. If you are given 10% of the blame, you can collect 90% (10% less) than the total calculated settlement.

The at-fault party’s representatives will work hard to take the blame off their client and put it on you. The personal injury attorneys at Tyroler Leonard Injury Law will work to protect you from unwarranted blame and an unfair settlement reduction. Some insurance companies use manipulative tactics, and by letting us speak for you, we can protect you from those strategies. We will also funnel our investigative experience and resources into compiling solid evidence to prove fault lies with the at-fault party.

Proving Negligence in a Personal Injury Claim

Victims collect a settlement only by proving the at-fault party’s negligence, and there are four elements of negligence that must be confirmed to prove that claim.

First, you must show the at-fault party had a legal responsibility. In other words, they owed you a “duty of care” to protect your safety. Drivers owe every other driver and pedestrians a duty to follow traffic laws, operate their vehicles safely, and avoid dangerous driving behaviors. Product manufacturers owe consumers a duty to create well-designed products that do not unexpectedly malfunction and that come with thorough safety instructions. Property owners owe visitors a duty to keep their premises free of known hazards or offer warnings about yet unfixed dangers on their grounds.

Next, you must show the at-fault party breached their duty of care. Through their reckless actions or negligence, they failed in their legal responsibility to keep you safe. Then, you must show that this breach directly caused the accident and led to your injuries. Finally, you must show the accident cost you measurable losses.

Our team knows what kinds of evidence you need to prove negligence. We will work tirelessly to gather comprehensive, convincing evidence to support your claim.

The Skills of Your Personal Injury Attorneys

The quality of your legal representation is another factor that can affect your accident claim. While many attorneys fight to “win,” it is important to have open communication throughout the process. Clients can be left feeling powerless and in the dark when strategies and goals are not communicated properly. The act of winning a case may mean different things to different firms.

For example, some attorneys may urge you to settle, pushing you to accept a payment that may be lower than you deserve, to avoid an expensive trial. Though good intentions may motivate this strategy, the team at Tyroler Leonard Injury Law operates differently.

We understand that if you are reaching out to us, you are experiencing a challenging time. We pride ourselves on being your support during this difficult chapter of your life. This means we answer your calls, address your concerns, and keep you informed of your case’s progress. We will treat you with empathy and respect, listen to your input, and make you part of the process.

Our attorneys are fierce, capable negotiators. Many of our cases end with a successful settlement that reflects the true value of your claim. If a fair settlement is not offered, we will proceed to trial to get you the compensation you deserve. We are fierce trial attorneys with years of experience.

We Are in This Fight Together

Tyroler Leonard Injury Law will stand with you and fight for you at every stage of your accident claim. Our team is committed to getting justice for accident victims. We have a strong reputation for providing exceptional legal representation.

If you have been injured in an accident caused by negligence or intent, you deserve personal injury lawyers with extensive experience, skill, and knowledge. We will work to secure fair compensation and see your rights upheld. For a free consultation, send an electronic message or call 651-259-1113. We look forward to helping you move toward a brighter, more financially secure future.

Attorney Isaac Tyroler

Attorney Isaac Tyroler has been a strong advocate for injured people his entire legal career. He has a passion for righting wrongs, and he deeply cares about representing injured clients who may feel overwhelmed or uncertain about how to navigate the legal system. He is compassionate toward clients and aggressive with insurance companies and defendants. He is on the elected Board of Governors of the Minnesota Association of Justice (MAJ), the top personal injury lawyers’ group in Minnesota. And is currently the chair of MAJ’s legislative committee. [ Attorney Bio ]