St. Cloud Personal Injury Lawyer - settlement

Minnesotans Live a Long Time

Joe Crumley — Tue, 01 Dec 2009 17:56:11 GMT

The front page of the St. Cloud Times lists deaths in the area, and today’s caught my eye. It is accurately reproduced below, with the ages highlighted:

Madolin Bay, 91, Glenwood
Melvin Beranek, 84, Foley
Doris Butcher, 88, Onamia
Annie Francis (Saumer) Carlson, 94, Isle
Ruth Christ, 90, Shakopee, formerly of Princeton
Allyn Davidshofer, 89, Cold Spring
Eldon H. Lockhart, 100, Sauk Rapids
Norma Elaine (Soberg) Norling, 76, Brainerd
Robert E. Riddle, Sr., 81, Little Falls
Geraldine L. Wieczek, 85.

Wow. the lowest age was 76, the average was 87.8!

Is there something in the water up here? I'm sure the families of all these people are grieving their loss, but they must also be praising the long lives these folks had.

It got me thinking, how does life expectancy in Minnesota stack up? Pretty high on the list, according to a story from Business Week. The story noted:

Minnesota is one example of how income isn’t necessarily correlated with life expectancy. The Harvard study found that low-income, white rural populations in the North, including Minnesota, the Dakotas, Iowa, Montana, and Nebraska, have life expectancies of 76.2 years for men and 81.8 years for women. That’s substantially more than 98% of the average white population. Many counties in the “Land of 10,000 Lakes” fared well in life expectancy, but Nicollet County was the top at 81.1 years.

Here's a chart ranking the states from a recent study:

Rank

State

Life Expectancy

1

Hawaii

80.0

2

Minnesota

78.8

3

Utah

78.7

4

Connecticut

78.7

5

Massachusetts

78.4

6

New Hampshire

78.3

7

Iowa

78.3

8

North Dakota

78.3

9

Rhode Island

78.3

10

California

78.2

11

Vermont

78.2

12

Colorado

78.2

13

Washington

78.2

14

Wisconsin

77.9

15

Idaho

77.9

16

Nebraska

77.8

17

Oregon

77.8

18

South Dakota

77.7

19

New York

77.7

20

Maine

77.6

21

Florida

77.5

22

Arizona

77.5

23

New Jersey

77.5

24

Kansas

77.3

25

Montana

77.2

26

Alaska

77.1

27

New Mexico

77.0

28

Virginia

76.8

29

Delaware

76.8

30

Texas

76.7

31

Pennsylvania

76.7

32

Wyoming

76.7

33

Illinois

76.4

34

Michigan

76.3

35

Maryland

76.3

36

Ohio

76.2

37

Indiana

76.1

38

Missouri

75.9

39

Nevada

75.8

40

North Carolina

75.8

41

Georgia

75.3

42

Kentucky

75.2

43

Arkansas

75.2

44

Oklahoma

75.2

45

Tennessee

75.1

46

West Virginia

75.1

47

South Carolina

74.8

48

Alabama

74.4

49

Louisiana

74.2

50

Mississippi

73.6

51

District of Columbia

72.0

Data: Harvard University Initiative for Global Health and the Harvard School of Public Health

Life expectancy is something to which lawyers and insurers pay close attention. If a person suffers a permanent injury, that means they will carry that pain and suffering for a very long time. That's one reason an insuarnce company will often pay a lot more for an injury to a 30-year-old than the identical injury to a 70-year-old.

But when highly qualified personal injury lawyers argue these claims with insurers, we point out a 70-year-old Minnesotan is just getting started!

We look for the opposite when a settlement is structured, as I pointed out in my Spring 2007 Practice Pointers Column:

Structured Settlement Specialist Tom Dunlap taught me another use of the [Life Expectancy] tables... When we buy structured settlements with lifetime benefits, we want the annuity company to use the lowest life expectancy, since this will tend to increase the amount of the periodic payments the company is willing to pay.... Tom indicates that an excellent specialist will investigate the medical records to see if there is anything that the insurer can use to reduce the life expectancy of the plaintiff. In many situations, the plaintiff receives millions of dollars more with a rated life expectancy!

Now, everything will be just fine if we can get Hawaiian InjuryBoard lawyer Wayne Parsons to lend us Minnesotans the weather they have in his #1 state.

Originally posted at InjuryBoard by Joe Crumley

Frivolous Stella Awards

Mike Bryant — Sat, 24 Oct 2009 09:17:00 GMT

It's always interesting when a friend emails me an example of a frivolous lawsuit or sometimes I see them posted on a couple of the non lawyer websites I frequent on occasion. They are stories of people using lawn mowers to cut their hair or brushing their teeth with a shot gun. In many examples, the person also got enough money to go off and buy a small country.

The thing is, when you try to find the real case or follow up on the "facts" , guess what, the case was made up. Or the case was overblown to begin with. Sure there is always a dumb case or a fight over pants that might have gone further than some would have expected, but almost always the system takes care of those. They are thrown out on summery judgment, or if they get to the jury, real people see that there are no damages there.

What's unfortunate is the stories do get passed around. There is the made up Winnebago case that national news outlets actually covered or actually they just posted the made up press release. So next time you hear or read about one of these cases, treat it like the email that offers 1,000,000,000,000 , if you just give them your bank account number. If it sounds out of line , it most likely is.

If you hear about one of these cases feel free to post about it here or with one of the other Injuryboard members, We aren't afraid of talking about the topic and do spend time on get to the truth all the time.

Originally posted at InjuryBoard by Mike Bryant

Medicare Is Delaying My Settlement

Mike Bryant — Sun, 18 Oct 2009 16:08:00 GMT

There have been new and old issues that have come up with recent changes in the Medicare rules. In July of 2009 a number of reporting requirements were added. Basically, in each settlement it must be determined if the plaintiff is Medicare eligible. If they are, then there are additional reporting requirements at the time of settlement. There also is a pay back requirement for money that was expended by the system that was caused by the defendant.

The concern has been if there is a requirement for a future set aside. In workers compensation claims, when there is a settlement that included future medicals, some of the money needs to be set aside so that the Medicare system doesn't pay for those items. The fear that was being pushed by some defendants was that the new rules require a set aside in all cases.

The American Association for Justice followed through on this issue and provided the following information:

... statements from CMS, and other federal entities, make clear that the agency does not require set-asides for liability claims. Since the MMSEA’s passage, CMS has held several Town Hall teleconferences to discuss the Section 111 requirements. During the March 24, 2009 call, Barbara Wright, CMS’ Acting Director of the Division of Medicare Debt Management, made several statements reiterating that Section 111 has no impact on liability MSAs.(2) For example:

In response to a question as to whether liability set-asides will be required under Section 111, she said “the point is the set-aside process is totally separate from the Section 111 reporting process. As we’ve said in more than one call we don’t anticipate changing our routine recovery process.” (Transcript, pg. 24)

When explaining that worker’s compensation agreements use a formal review process which makes set-asides recommended, she said that was in contrast to liability agreements. Liability “does not have the same formal review process although our regional offices will consider review of proposed liability set-aside amounts depending on their particular work load and whether or not they believe significant dollars are at issue.”
(Transcript, pg. 24).

In addition, CMS also has released several Alerts explaining Section 111, which do not indicate any intent to require MSAs for liability claims. For example:

“Unless you are a business entity which qualifies as [a required reporting entity (RRE)] for purposes of Section 111, you do not need to initiate any specific actions in connection with Section 111.” (CMS Alert, 2/23/09).(3)

“The new Section 111 requirements do not change or eliminate any existing obligations under the MSP statutory provisions or regulations.” (CMS Alert, 2/23/09).

Moreover, the Congressional Research Service (CRS) provided Congress with an “objective and non-partisan analysis” analysis of the MMSEA. As there was no legislative history regarding the bill, the CRS research report is the most reliable analysis of the MMSEA, including the Section 111 reporting requirements.

CRS’ analysis of the Section 111 reiterates that it is a reporting requirement, and makes no mention of the need for set-asides in liability cases. The Section 111 analysis states, in part:

This provision requires an insurer or third-party administrator for a group health plan (and in the case of a group health plan that is self-insured and self-administered, a plan administrator or fiduciary) to (1) secure from the plan sponsor and participants information required by the Secretary for the purpose of identifying situations where the group health plan is or has been a primary plan to Medicare, and (2) submit information specified by the Secretary. If an insurer or third-party administrator for a group health plan fails to comply, then a $1,000 per day civil monetary penalty will be imposed for each individual for which information should have been submitted.(4)

If CRS believed that the legislative language implies any Congressional endorsement of liability set-asides, it would have been included in this analysis.

It is still expected that with the reporting requirements many cases will be delayed if an amount needs to be determined for the payback. Early recognition of the claim and making sure all of the reporting is done right will make the biggest difference. Experienced attorneys are getting through the system as fast as possible, and will make a difference to clients who need to know their future Medicare coverage will not be put in jeopardy.

Originally posted at InjuryBoard by Mike Bryant

How Do You Value Your Case?

Mike Bryant — Sat, 03 Oct 2009 09:29:00 GMT

What is my case worth? This is one of the questions that we hear most often. Many of our clients just want to know how they are going to get their medical bills paid and what they are going to do about the wages they are losing. Some of them have already been stressed out by the tough economic times and now suddenly, things have become even tighter. The question may not even really be about right now, but may be just as much about the next week, month or even years down the road. How am I going to pay my mortgage when I can't work? So they ask what the case is worth.

I wonder how other lawyers answer the question, especially since the answer is usually not available at the time people are looking for a lawyer. There are effects of the injury, what the doctor says and unfortunately it truly does depend on the coverage. The clients want some certainty at this time. The easy thing would be to just throw a number out there. But, they don't come to us at an easy time and they don't higher us to take the easy way out. The truth I always explain is that we don't know right now. You are actually better off if it's less money and you get better. Those are actually my happiest former clients. But, if you are hurt long term, we know how to present your case in the best light. It is the difference of hiring a lawyer that knows and will represent you in presenting your loss and basically hiring a claims adjuster. It may not be fast , but we will look at your case and present it in the most comprehensive light.

Many of these people that have already talked to the insurance adjuster. We regularly meet with potential clients who have been offered small sums as the insurance company works to get out of liability and to close the file. They know that there are a percentage of people who really need money, so they will prey on that group. In these economic times, it happens all of the time.

If you are facing that choice, please keep in mind:

- For a minor, there is no way that they can settle the case without Judicial approval. I've seen companies try to get around this, but it's against the law.

- When the settlement discussions are going on, is the adjuster practicing law? Do they talk about: if you need a lawyer, about the value of the case, or present their version as to fault? All of these get very close to giving you legal advice. I do it and I need to follow up with information on the statute of limitations. The non lawyer does it and they are breaking the law. They also, intentionally or not, can be very very wrong.

- Most car collisions involve the tort thresholds in Minnesota. Basically, you need to have $4000 in medical expenses, a permanent injury or 60 days loss of enjoyment of life. You meet one of those and you have a claim for pain and suffering. You don't and you have no claim other than the bills, wage loss and property damage. I look at the little offers this way. If you meet a threshold and have a permanent injury, is there any way that is worth that amount? If you don't meet a threshold, well, what did you really lose by waiting and making sure?

- The insurance company wants a settlement quick. They often make their offer within days or weeks of the collision. While some cases can be evaluated at that time, usually it takes time to get a full view of your injuries and to also get through a year's cycle. Is there something that you do in the winter or summer that will cause you problems? It's worth waiting to make sure you can play softball or snowmobile without problems. The statutes of limitations were made longer so that you have the chance to see the affect of your injuries.

It's always worth talking to a personal injury attorney to make sure you are aware of all of your rights. If the offer is fair, we will tell you. We also can give you lawful legal advice and answer your questions.

As fellow members of the blog pack, Steve Lombardi, Wayne Parsons, Devon Glass, Mike Bryant, Rick Shapiro and Pierce Egerton, have been pointing out there is also a difference in what lawyer you talk to. Don't make the mistake of undervaluing yourself. As I tell many of my clients, I may be smart enough to do some of the things you do with your daily job, but it's doubtful I will do it completely right. I don't think your competitor would come over and willingly help me. Severe injuries are not the time to learn how to protect you and your family and most definitely not the time to take legal advice from the other side. Take your time and learn who and what is out there for help.

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant | September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons | 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro October 03, 2009

and this one

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Originally posted at InjuryBoard by Mike Bryant

$75,000 Settlement For Deaf Man Denied Sign Language Interpreter

Mike Bryant — Thu, 24 Sep 2009 12:05:00 GMT

This past week, a deaf man reached a settlement with two Minnesota counties after he was denied the help of a sign language interpreter after his arrest. The man was held in jail for six months on $50,000 bail prior to his trial. It was alleged, that he was basically forgotten until advocates for the deaf were able to provide him help and find him proper representation.

As a result of the lack of effective assistance, Nobles County is paying $50,000 and Martin County $25,000 to the deaf man from Iowa. As I have previously blogged, there is a major concern about the erosion of the constitutional right to counsel for the indigent. In a severely underfunded system, examples of individuals that need additional help such as this, can be left totally unprotected.

These types of cases can involve insurance issues concerning governmental immunities and municipal liability caps. Please keep in mind that there may be time limits within which you must commence suit.

Originally posted at InjuryBoard by Mike Bryant

$200,000 Settlement For Woman Tasered While Calling 911

Mike Bryant — Wed, 23 Sep 2009 09:04:00 GMT

In fall of 2005, a woman in Golden Valley was tasered during a call to 911. Her husband had been pulled over as part of highway 394 stop and was detained. She became concerned and made the 911 call. One of the officers then approached the car and tasered her in a move to disable. She was then arrested and booked. The case was sued out in Federal court and settled this week.

Initially, the case lead to a number of questions as to what happened. The city did not admit any wrongdoing with the settlement, but $200,000 was paid. Steve Lombardi, here at the Injuryboard, has been writing about these type of cases for some time now. Spend some time reading the list of other incidents with:

On her knees and with hands up, Cincinnati Police tase Daughter of City Councilman

If the Police Believe Tasers are Safe Why is This One Blocking the Taser Camera Lens

Russian-American Texas-Policia Taser Viciously Dangerous 72-year-old Grandmama

If something like this should happen to you., see your doctor and document the names of everyone around. These type of cases can involve insurance issues concerning governmental immunities and municipal liability caps. Please keep in mind that there may be time limits within which you must commence suit.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: Should I give a statement to the insurance company?

Mike Bryant — Thu, 25 Jun 2009 09:27:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: Should I give a statement to the insurance company?

Some insurance contracts do require it. If it is required by your contract, the answer in many cases is going to be yes. The difference that can be made by you being represented is how well you are prepared for the statement, as well as being able to have someone there with you to represent you. It is clear, when the adjusters are calling to get these statements, that they are doing it to limit their own liability and in many cases limit what it is they are going to eventually pay. By being the ones asking the questions, they control what information is obtained. It is not unusual, when we represent someone giving a statement, that we make sure additional questions are answered. We also have experienced enough of the importance of certain questions to have properly prepared you to answer these questions. Just like not signing anything, you should not consider giving a statement until you first talk to an attorney. The initial consultation is free, and can give you a better idea on the importance of what is about to happen.

These questions are not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: How should I fill out forms?

Mike Bryant — Wed, 24 Jun 2009 09:33:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: How should I fill out forms?

You should always tell the truth. Keep in mind that these forms are very important and will be looked at by adjusters, defense attorneys, and even potential jurors someday. Thus, sloppy and/or incomplete answers can play a big role in your case later on. As with signing anything, we always suggest that you consult with a skilled personal injury attorney before filling forms out for the insurance company. With your own doctor, you may want to ask them what exactly they are asking about before you fill out long questionnaires. These are very important answers, and need to be taken seriously.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: What is my case worth?

Mike Bryant — Fri, 12 Jun 2009 13:20:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: What is my case worth?

Very rarely can anyone tell you that at the start of your case. If your damages are serious and there is minimal coverage, the settlement may be quicker because of those limits. But there are often issues beyond that, such as subrogation rights, other coverages or defendants who may need to be investigated before the settlement. But, if you have the usual case, it will depend upon the way the injuries affect your life, the opinions of your doctor, and what ongoing medical care that you need which will determine the case value. As I tell each client, your hope is that your case isn't worth much. That means you got better. Those are some of the happiest clients I've ever had. They didn't get much, but their bills were paid and they have no ongoing issues.

Originally posted at InjuryBoard by Mike Bryant

Question of the day: What if I have a question?

Mike Bryant — Mon, 08 Jun 2009 13:02:00 GMT

During the month of June, I am addressing common questions that get asked in our practice. Today's Question is: What if I have a question?

Call your attorney. When you signed the retainer, you hired the law firm to work for you. It's important that you feel you are informed and have your questions answered, but always remember you didn't hire a mind reader. So if you are sitting at home or talking to friends and it hits you that you have a question, write it down and call.

Originally posted at InjuryBoard by Mike Bryant

Rank	State	Life Expectancy
1	Hawaii	80.0
2	Minnesota	78.8
3	Utah	78.7
4	Connecticut	78.7
5	Massachusetts	78.4
6	New Hampshire	78.3
7	Iowa	78.3
8	North Dakota	78.3
9	Rhode Island	78.3
10	California	78.2
11	Vermont	78.2
12	Colorado	78.2
13	Washington	78.2
14	Wisconsin	77.9
15	Idaho	77.9
16	Nebraska	77.8
17	Oregon	77.8
18	South Dakota	77.7
19	New York	77.7
20	Maine	77.6
21	Florida	77.5
22	Arizona	77.5
23	New Jersey	77.5
24	Kansas	77.3
25	Montana	77.2
26	Alaska	77.1
27	New Mexico	77.0
28	Virginia	76.8
29	Delaware	76.8
30	Texas	76.7
31	Pennsylvania	76.7
32	Wyoming	76.7
33	Illinois	76.4
34	Michigan	76.3
35	Maryland	76.3
36	Ohio	76.2
37	Indiana	76.1
38	Missouri	75.9
39	Nevada	75.8
40	North Carolina	75.8
41	Georgia	75.3
42	Kentucky	75.2
43	Arkansas	75.2
44	Oklahoma	75.2
45	Tennessee	75.1
46	West Virginia	75.1
47	South Carolina	74.8
48	Alabama	74.4
49	Louisiana	74.2
50	Mississippi	73.6
51	District of Columbia	72.0