MN Victim Services Newsletter Mar 2021

MN Victim Services Newsletter Mar 2021

MADD MN VICTIM SERVICES

JUNE 2027

NEWSLETTER March 2021

UPCOMING EVENTS & INFO :

Virtual Support Group : 3 / 25 / 21 @ 11am & 5pm

St . Patrick ' s Day : 3 / 17 / 2021

Walk Like MADD : 9 / 2021

Statewide Law Enforcement Recognition Awards : ** DATE CHANGE - 10 / 19 / 21

For more information , contact the MADD MN State Office at : 651 - 523 - 0802

MADD SPOTLIGHT : Civil Services Q & A with Steve Terry : TSR Injury Law

What is a “ civil ” attorney and why do I need one ? When an impaired driver causes injury , several areas of law automatically begin . Even if the injured party does not seek criminal or civil help , the police , prosecutor ’ s and insurance companies will start a process to hold the driver accountable . Most individuals know about the criminal side : the police arrest the impaired driver , a prosecutor gathers evidence , and a judge , and / or jury , renders a criminal sentence as punishment . The civil side of the case if very different . The civil side is not about punishment , but instead tries to make the injured party “ whole ” again . Insurance for the impaired driver , or the victim ’ s own insurance , comes into play to pay for medical bills , funeral costs , wage loss , property damage and injury compensation for pain and suffering . Asking the impaired driver to write a personal check for tens of thousands of dollars in property damage , medical bills and pain and suffering will not usually be successful . A civil attorney ’ s job is to represent the injured party . This includes explaining and maximizing all the insurance contracts to cover the victim ’ s injuries and losses . It should not be a surprise , but insurance companies make a profit by not paying out claims or by reducing the percentages of each claim . There are many examples of insurance adjusters “ forgetting ” to explain an added coverage that may help the injured party or trying to blame the injured driver with 30 % fault for just “ being on the road .” A civil attorney makes sure the insurance companies act ethically and fairly so the victim is properly compensated for all their losses . Civil attorneys , that specialize in personal injury , also know the traps and legal nuisances that can later have claims be lost or forever diminished . The best injury civil attorneys are well versed in concepts such as health insurance subrogation , Schmidt notices , ERISA polices , no fault stacking , drop down clauses , shortened statute of limitations for bars , and joint and several liability for drivers , vehicle owners and bars . All of these concepts , and more , must be addressed in every motor vehicle crash that involve an impaired driver . Can I hold a bar responsible in addition to the drunk driver ? Yes . “ Dram Shop ” laws allow an injured party to also hold a bar responsible for their injuries . If a bar staff overserves a patron , or someone who is underage , and they cause a crash , the bar can be jointly liable for the damages . Proving bar fault is difficult . Law firm investigators need to be utilized quickly to interview witnesses , secure video , photos and determine the driver ’ s blood alcohol content . The longer the victim takes to hire a lawyer , the colder the evidence becomes to hold a bar jointly responsible . Memories fade , videos disappear , drink receipts get lost and employees forget . I cannot afford an expensive attorney . How do I pay for the best ? Personal injury lawyers charge a contingent rate fee . There are no upfront costs or fees . They only get paid if you win your case . The fee is 33 . 3 %. The best and the worst charge the same , but the good news is that the victim can get the best attorneys working for them without upfront fees . There are certain costs associated with a case . Medical records and investigation may cost a few hundred dollars , but even those costs are waived if you do not win your case . The best lawyers also help with property damage , wage loss , setting up rental cars and getting medical bills paid for free . They always provide a free phone consultation to discuss the merits of your case . It is a free call to be educated on your legal rights . What if the impaired driver did not have insurance ? As long as you have insurance on your car , you are protected . Minnesota has mandatory uninsured coverages for just this situation . In addition , the impaired driver may not have insurance , but an investigation may reveal that the owner of the car does , or a household relative does . This is yet another reason fast action is needed after a crash to secure all the facts to lock down all of the best possible civil remedies . What if the impaired driver does not have enough auto insurance to cover my injuries ? This is the same as above . Minnesota mandatory coverage also requires underinsured motorist insurance . If the impaired driver , or the car owner , does not have enough insurance , then the attorney makes a secondary claim for underinsured coverage . Do the insurance rates go up by using all these auto insurance coverages ? Yes , for the impaired driver . Not for you . Minnesota does not allow insurance rates to go up unless you are more than 50 % at fault for a crash .

For additional questions , please contact TSR Injury Law at : ( 612 ) 877 - 8463

Contact Us Today!

St . Patrick ' s Day

March 17 , 2021

Stefanie Hurt Manager, VIP Program - MN, SD, & ND Region [email protected] 651-523-0802 ext.2752

Each year , St . Patr ick ’ s Day i s celebrated wi th ci ty parades , funny leprechaun hats , and plenty o ' green beer . Unfortunately , i t of ten ends wi th r i sky drunk dr ivers taking to the streets when the part ies end . Drunk dr iving accounts for near ly one - thi rd of vehicle - related fatal i t ies in the Uni ted States . * NHTSA

Rahya Iliff Victim Services Lead

(Greater MN region) [email protected] 651-523-0802 ext.2760

Megan Helberg Victim Services Specialist (Metro & Southern MN region) megan.helberg@madd. org 651-523-0802 ext.2758 Find us at: www.madd.org/minnesota @MADDMinnesota1

How can you help keep others , and yoursel f , safe ?

Commi t to a Sober Ride Plan for a safe r ide — des ignate a sober dr iver , use a cab / publ ic transportat ion or stay at the locat ion of the celebrat ion . Speak Up – Of fer to be a des ignated dr iver or be avai lable to pick up a loved one anyt ime , anywhere . Buckle up — the best defense against a drunk dr iver . Report drunk dr iving — cal l 91 1 when wi tness ing impai red dr iving behavior . Be prepared to provide locat ion , l icense plate number and observed dangerous behavior .

email: [email protected]

* * MN Department Publ ic Safety