Lindell & Lavoie, LLP FindLaw IM Template 2025-03-31T13:03:32Z https://www.minnjury.com/feed/atom/ WordPress /wp-content/uploads/sites/1401969/2020/03/og-image-75x75.png On Behalf of Lindell & Lavoie, LLP <![CDATA[Headlights and taillights are necessary not only at night]]> https://www.minnjury.com/?p=46511 2021-10-21T21:23:03Z 2021-10-21T17:00:24Z Minnesota’s vehicle lighting statute Headlights not only illuminate the road ahead, but they also allow other cars to see you. Having the lights out at night makes it impossible for other cars to know that you are coming their way, and not being seen by other cars can increase your chances of getting into an accident. Some weather conditions also make it impossible for drivers to see clearly. That is why drivers in Minnesota must turn on their lights in these situations.
  • Anytime between sunset and sunrise
  • When it’s raining, snowing, sleeting or hailing
  • When visibility is low enough that the driver can’t see 500 feet ahead (when there’s fog or smoke)
Some cars have lights that turn on automatically when visibility is poor. However, the car’s sensors can fail to turn them on when it’s still clear outside, like when it’s snowing during the day. Because of this, you should know how to change your lights manually and do so when you can no longer see the road ahead.

Avoiding the consequences

Driving without headlights and taillights in bad weather conditions is very dangerous. To avoid facing legal consequences, you must always remember to turn your lights on when you can’t see clearly. By turning on your lights, not only will you be able to drive better, but you can also prevent a severe accident.]]> by Lindell & Lavoie, LLP <![CDATA[Are roundabouts really safer than traditional intersections?]]> https://www.minnjury.com/?p=46501 2021-07-27T16:17:53Z 2021-08-06T13:00:08Z a 2017 MnDOT study:
  • Intersections where roundabouts were installed saw an 86 percent reduction in fatal auto accidents
  • The intersections also had an 83 percent reduction in serious injuries from crashes
  • Putting in roundabouts resulted in 83 percent fewer collisions involving a left turn
Overall, MnDOT reported 80 percent fewer fatal and serious car accidents due to changing a traditional intersection into some form of a traffic circle. Roundabouts have a big impact on traffic safety, and we can expect MnDOT to install more of them at busy intersections throughout Minnesota.

Roundabouts help, but bad drivers still cause problems

Roundabouts are not foolproof. They require drivers to slow down and yield to vehicles already in the circle. An inexperienced or inattentive driver could become confused and cause a crash. Then there the drivers too drunk, high, distracted or reckless to use a roundabout safely. Getting hit by a bad driver in a roundabout can cause you serious injuries and disable you for life. Even relatively "minor" injuries can force you to stop working for months or years. A personal injury lawsuit can help you get the compensation you and your family deserve.]]> by Lindell & Lavoie, LLP <![CDATA[The “Big 4” factors in Minnesota fatal crashes]]> https://www.minnjury.com/?p=46499 2021-07-27T15:37:53Z 2021-08-04T13:00:08Z Minnesota Department of Public Safety report released in June 2020, a total of 27,260 people sustained injuries and 364 people died on state roads in 2019.

Drunk driving tops the list

The main contributing factors to the state’s fatal accidents in 2019 accounted for nearly 75 percent of the deaths. Here are the “Big 4,” the number of deaths caused by them and additional information.
  • Drunk driving: 89 fatalities. The average blood-alcohol content of a drunk driver in a fatal collision was 0.21, nearly three times the legal limit. Eight percent of all crashes were attributed to alcohol use.
  • Speeding: 75 fatalities. Driving at excessive speed is a common factor in fatal crashes.
  • Non-use of seat belts: 73 fatalities. Seat belts save the lives of more than 15,000 people annually in Minnesota. An estimated 93.4 percent of Minnesotans abide by the seat belt law.
  • Distracted driving: 34 fatalities. Distracted driving is a factor in 9 percent of all crashes. This may include talking and texting on smartphones, talking to passengers, eating, applying makeup, dealing with children and adjusting music or GPS controls.
All drivers, motorcyclists, bicyclists and pedestrian should make safety a priority. Motorists should avoid aggressive driving, use seat belts, drive at safe speeds and pay attention when driving. Be aware, be alert, understand and abide by traffic laws and know that an accident can abruptly occur and disrupt your life and the lives of others.]]> On Behalf of Lindell & Lavoie, LLP <![CDATA[Mistakes to avoid after a loved one’s wrongful death]]> https://www.minnjury.com/?p=46492 2021-04-09T19:09:16Z 2021-04-09T19:00:46Z thousands of dollars, it is important to avoid making any mistakes during your compensation claim. Here are five mistakes to avoid while pursuing the compensation you deserve after losing your loved one:

Talking about the wrongful death to the public

Saying too much to the wrong person can jeopardize how much compensation you receive for their passing and possibly even eliminate or compensation entirely. Anything that you say to friends, family, or even news reporters can be used as leverage against you in your compensation claim.

Taking the first settlement offer

It is very common for insurance companies to offer the decedent's loved ones a lowball offer as their first settlement offer. You have the right to negotiate for compensation that more accurately reflects the total cost of losing your loved one, which is why you should never accept the first offer.

Taking too much time to initiate your claim

While it is certainly understandable for loved ones to wait some time before initiating a claim after losing a loved one, taking too much time can be problematic. If you exceed the statute of limitations, you will not be able to file a claim against the liable party for your loved one's death. An experienced attorney can handle most of the work in your claim for you, so you do not have to relive the trauma of your loss again.

Not considering all liable parties

If you do not fully consider everyone who may be liable for your loved one's death, you may miss out on the compensation that you deserve. For example, if an uber driver struck your loved one with their car, your initial instinct might be to sue the driver. The reality is that you may have a stronger case against their employer, and you may also be able to get more money from them than you would from the driver alone.

Not getting an attorney

Insurance companies often tell people that lawyers only make matters more complicated and delay how much you receive from your compensation. The reality is that your attorney may be one of the only people you can trust to fight for the compensation you need to recover from the loss of your loved one. Let them handle your negotiations and provide you the guidance you need to avoid these or other critical mistakes in your wrongful death claim.  ]]> On Behalf of Lindell & Lavoie, LLP <![CDATA[Common misconceptions about Minnesota workers’ comp]]> https://www.minnjury.com/?p=46313 2021-04-16T13:13:01Z 2021-03-04T14:00:24Z Benefits cover more than medical expenses The Minnesota workers’ compensation system functions best when injured workers report injuries and immediately seek workers’ compensation benefits when injured on the job. If injured, you likely will qualify for these needed benefits which will likely be paid by your employer’s workers’ compensation insurance. Nevertheless, certain misconceptions about workers’ compensation can cause injured employees to worry or hesitate in asserting their claims. Let’s discuss some of those misconceptions:
  • Workers’ compensation only covers medical expenses. This is untrue. If you are missing work because of an on-the-job injury, you will likely be entitled to wage loss benefits, and potentially a whole host of other benefits depending on the extent of your disability and your physical needs.
  • The injury had to take place at your worksite. Wrong. If you are working in the course and scope of your job and get injured off-site, you may qualify for workers’ compensation. This may include participating in a work-related retreat, meeting with clients at off-site locations or during business trips. Truck drivers, pizza delivery and package delivery drivers also may qualify for benefits after a motor vehicle accident or even a dog bite. You may have both a workers’ compensation claim and a personal injury claim arising out of the same incident, and it’s wise to have a lawyer who is skilled in handling both claims in unison (like the attorneys at Lindell & Lavoie) to maximize your total recovery.
  • The injury must have occurred while you performed your job. Not true. The connection between your work duties and your injury can seem remote, like walking to your car or assisting a co-worker, but you may still be entitled as an injured employee to workers’ compensation benefits.
  • An employer can intentionally punish you for bringing a claim. The law prohibits intentional retaliation against employees for asserting a workers’ compensation claim and such acts can result in serious additional legal liability of the employer to the employee.  While an employer may replace an employee who can no longer do their job because of physical restrictions, doing so often subjects the employer/insurer to increased workers’ compensation liability, and it’s usually in everyone’s best interest to get an injured worker back to work with their employer.  However, employees who do not report their injuries or assert their workers’ compensation claims may lose their rights under the law.  The system is designed and works best when employees let their employers know immediately when they know they have been injured on the job.
Do not be intimidated by what you don’t know. The lawyers at Lindell & Lavoie have years of experience in explaining and advising employees as to the truth of the workers’ compensation system and an injured person’s rights. You can get this information for free by just calling them, and they will let you know whether you need a lawyer or not. Either way, they will answer your questions and dispel all the myths so that you will feel comfortable asserting your rights as the system expects.]]> On Behalf of Lindell & Lavoie, LLP <![CDATA[3 reasons why you should report workplace injuries immediately]]> https://www.minnjury.com/?p=46306 2021-01-04T22:11:32Z 2021-01-11T14:00:30Z 1. Reporting as soon as possible helps link your injury to the workplace Your injuries may seem minor at first, but you may not experience all of the symptoms of your injury for some time after the initial accident. By reporting a seemingly minor injury as soon as possible, you can show that your injury was work-related if your symptoms worsen.

2. Reporting an injury could help prevent other workers from being injured

If your injury was the result of a hazard, reporting immediately gives your employer the information needed to correct that hazard before it injures one of your coworkers.

3. Reporting early helps you avoid missed deadlines

When you experience a workplace injury, you may rely on workers’ compensation benefits to help you pay your medical bills and support your family while you are away from work to heal. However, workers’ compensation requires you to meet specific deadlines, including reporting your injury to your employer within 14 days of the injury. Failure to report an injury within that period of time could lead to a denied claim in many circumstances. If you have been injured in the workplace, reporting your injury to your employer may be only the first step in a longer journey. Consider speaking to an attorney about the workers’ compensation process and the steps you can take to get the support you need to heal.]]> On Behalf of Lindell & Lavoie, LLP <![CDATA[Why hiring a workers’ compensation attorney can be helpful]]> https://www.minnjury.com/?p=46299 2020-11-03T14:06:44Z 2020-11-10T14:00:53Z Slip-and-fall during lunch break The case involved a woman in Georgia who worked for a well-known insurance company. During her lunch break one day, she had just finished microwaving her food and was carrying it to eat outside when she slipped and fell in the breakroom. There was water on the floor, creating a slip-and-fall hazard. This all happened after the woman had clocked out, because the lunch break was unpaid.

Multiple frustrating appeals

Although she was technically off the clock at the time of the accident, she decided to file a workers’ compensation claim and was initially awarded benefits. Her claim was appealed, and the State Board of Workers’ Compensation decided to deny the claim. A state superior court confirmed the denial. Finally, it was appealed to the state supreme court, which held that the woman was entitled to benefits after all. The case hinged on the fact that the woman was off the clock and on her lunch break when the accident happened. The supreme court ultimately decided that although she was clocked out, eating lunch during the middle of the workday was “incidental to her employment,” and therefore, her injury should be covered.

Why hire an attorney?

Workers’ compensation should be a convenient system that allows workers to claim financial help and medical care after being injured at work. Unfortunately, employers and insurance companies often try to find any reason to deny a claim in order to save money and maximize profits. If you have been injured at work here in Minnesota and have any concerns about getting your claim approved, it may be wise to seek representation. An experienced workers’ compensation attorney can help you build the strongest possible case for why you deserve compensation.]]> On Behalf of Lindell & Lavoie, LLP <![CDATA[Workers’ compensation benefits: What is included?]]> https://www.minnjury.com/?p=46292 2020-09-04T17:01:13Z 2020-09-11T13:00:57Z Minnesota's workers’ compensation system.

Medical expenses

We all know that medical care does not come cheap. Fortunately, workers’ compensation covers all reasonable expenses related to treating your injury. This can include not only immediate treatment, such as an emergency room visit, but also ongoing treatment and rehabilitation.

Lost wages

Serious injuries take time to heal. You will be paid a percentage of your wages through workers’ compensation for the time you are away from work. Typically, this is about two-thirds of your usual wages.

Retraining costs

If your injuries are so severe that it is unlikely you will be able to return to your old job, you may be able to enter a vocational rehabilitation program. This can help you develop the skills you need to train for a new profession or take a different position at your current workplace.

Permanent disability benefits

If your injuries are permanent and prevent you from returning to any type of employment, you may be able to recover disability benefits. The amount you can expect to receive will depend on whether you are suffering from a partial or total disability. When you receive workers’ compensation benefits, you cannot sue your employer for additional damages. However, if a third party shares some blame for the accident, you may have further legal recourse. It is best to discuss all of your options with an experienced workers' comp attorney.]]> On Behalf of Lindell & Lavoie, LLP <![CDATA[Determining fault after a truck accident]]> https://www.minnjury.com/?p=46277 2020-06-23T20:29:26Z 2020-06-29T13:00:58Z What is vicarious liability? Minnesota’s personal injury law includes a concept called “vicarious liability.” It means employers can be liable for injuries caused by their employees' negligence, if the negligence occurred during the regular course of business. For truckers, the “regular course of business” almost always includes time they spend on the road.

An example of vicarious liability

Let's say tractor-trailer driver is traveling on I-94 and texting. Driving while texting is against the law in Minnesota. It’s also negligent behavior: the driver is not giving the task of driving a multi-ton 18-wheeler the level of focus required to live up to the duty of due care owed to motorists and passengers on the interstate. While the driver looks at the phone, the semi drifts out of its lane and clips a car, causing it to spin into a ditch and flip over. The car’s driver survives the crash but suffers a broken leg and a back injury. In addition to the truck driver’s negligence, the trucker’s employer could be held responsible. For example, if it turns out the trucking company failed to train the driver properly, or if it had known the driver had a very poor driving record, the company could be indirectly responsible for the victim's truck accident injuries.

What accident victims should do

The employer in our example may not have directly caused the accident, but the employer helped create the conditions that made the accident possible. If you have been injured in an accident, contact an experienced personal injury attorney.]]> On Behalf of Lindell & Lavoie, LLP <![CDATA[Don’t make these mistakes after a workplace injury]]> https://www.minnjury.com/?p=46270 2020-04-29T19:57:28Z 2020-05-04T15:00:06Z A workplace injury can pose a serious threat to a person's future. From health to career, a lot is a stake after a victim has suffered an on-the-job accident. While workers' compensation in Minnesota can be a valuable resource to aid recovery, receiving that compensation is not a sure thing.

Benefits can be jeopardized

Despite how safe employers try to make their workplaces, 2.8 million work injuries and illnesses occur each year. For employees to receive the benefits they need to recover, they must avoid these pitfalls.
  • Failing to report the accident: an employee needs to report the accident immediately following the event.
  • Not seeking a medical evaluation or treatment: even if the employee feels fine, a medical evaluation is essential. This evaluation provides a recorded status of the employee's condition, as well as acting as a benchmark for worsening conditions.
  • Ignoring injuries: a coworker or employer may try to reduce the severity of the accident to try and protect their own interests.
  • Not following medical advice: if an employee does not follow the doctor's instructions, it can jeopardize compensation.
  • Taking the insurance company at its word: many people make the mistake of thinking insurance is looking after their best interests. Insurers commonly offer settlements and compensation that are less than adequate.
  • Pursuing compensation without an attorney: without the guidance of a skilled workers' comp attorney, an employee may as well pursue their payment blindfolded. Experienced workers' comp lawyers know what fair compensation looks like, and they know how to get it.
Any of these mistakes can be enough to put benefits at risk.

Act with foresight and caution

Injury victims can protect their workers' compensation, if they avoid mistakes. If you have questions about Minnesota workers' comp, contact an experienced attorney.]]>