Frequently Asked Questions

Business Litigation

What Should I Do If I Think I May Be Involved in a Lawsuit?

Regardless of whether you think you might be sued or may want to sue someone else, there are things you can do, and sometimes must do, to better position yourself for litigation. For instance, keeping good records of all of the transactions or occurrences giving rise to the dispute is important. Keep copies of all documents, take notes of in-person or telephone conversations, and take pictures of things that you think will be important. Frequently, before suing someone else, certain types of notices must be given to the other side. There are many other lawsuit prerequisites that must be followed before beginning litigation. Consult an attorney to determine what must be done in a specific instance.

How Does a Lawsuit Work?

Most lawsuits follow the same general procedure, which is governed by many different Court rules. For a detailed explanation of what can be expected in a “typical” lawsuit, please see Anatomy of a Lawsuit. Depending on the complexity of your case, lawsuits can be resolved in varying amounts of time. You case will be resolved faster if you reach a settlement as opposed to being tried to a jury. The complexity of your case will also determine the length of time it takes to resolve. Most cases that are tried to jury take approximately one year, start to finish.

What Is the Client’s Role During a Lawsuit?

You will make nearly all important decisions on your case. Clients generally make the following decisions, after getting needed advice from our attorneys: Starting a lawsuit versus negotiating informally with the other side; whether to settle the case and acceptable settlement terms; and spending money on expert witnesses and investigation materials. Nearly every litigation decision has a consequence both financially and legally. Clients generally make these decisions after receiving the advice of our attorneys, which is based on past experience and legal analysis.

What Will it Cost to Prosecute or Defend a Lawsuit?

This question cannot be easily answered. Litigation matters are difficult to estimate for fees and costs. Numerous factors influence cost. Our lawyers typically work on an hourly basis, with the client paying for the time attorneys or paralegals spend working on your case. Attorney rates generally are reflective of the level of knowledge and experience of a particular lawyer. Another influencing factor is the attitude of the other side. Sometimes, a collaborative effort can be made to find a solution to a problem, which generally results in a quick case resolution at a lower cost. However, in the event the parties are unwilling to compromise on anything, the litigation generally takes much more time and will increase its cost. Depending on the type of case, additional expenses may be incurred for investigative materials or retention of expert witnesses. If your case requires the use of an expert, expert fees will add to the cost of the litigation. Clients generally have input in how much money is spent on litigation, with the understanding that the decision to do or not to something in your case will have some sort of impact, whether positive or negative.

Personal Injury

What should I do if I have been in an auto accident?

Stay Calm:
Stop to protect your passengers and car. Call 911. A police officer will be dispatched to the scene and an ambulance will be dispatched if someone is injured. Set flares if you carry them, and do not leave the scene of the accident.

Exchange Information and Driver Facts:
Don't discuss the accident with anyone or blame anyone, including yourself. Exchange only your license, registration and motor vehicle identification card. Take down the name, address, operator's license number, date of birth, sex, state of license, and the phone number of the other driver.

Ownership Facts:
Write down the name, address, and the insurance company of the owner of the other car involved. The driver may not be the owner of the car.

Injured Parties:
Seek information from police for all injured parties involved including passengers. Take down the names, addresses, dates of birth, sex, and extent of injury.

Witnesses:
Be sure to write down the names, addresses, and phone numbers of any people who saw the accident but weren't involved in it. Passengers in an accident are not witnesses.

Damages:
Note the make, body type, year, and license number of the other vehicle. Also, make note of the damage to the other vehicle.

Draw a Diagram:
Make a note below the diagram of the date and time of the accident. Write down the location including the street, intersection, or any landmarks.

Report the Accident:
Report the accident to your insurance broker or agent immediately. If the accident involves a death or injury, report it without delay to the police department. Obtain a copy of their report within 24 hours.

Injured in a car accident? Put our experience to work for you.

For over 35 years, our attorneys have represented thousands of people who have been injured in all types of accidents including car accidents. When an injury from a car accident occurs and legal help is needed, experience counts.

Who should pay for property damage to my vehicle resulting from an auto accident?

The driver who was at fault must pay for the collision damage to your vehicle. You should generally turn your claim in to the other driver's insurance company if you think he or she was at fault.

You may, however, want to turn your claim in to your own insurance company. If the accident was primarily your fault, or the other driver was uninsured, you may not have any other practical choice. If you have "full coverage", including collision damage insurance, your insurance company will pay you for the damage regardless of who was at fault. Your own company may also be quicker to pay than the other insurance companies involved. The only drawback is that there is usually a "deductible" on your policy that would not apply if you were collecting from the other driver's insurer.

If the accident was your fault, or if the other car was not insured and nobody is rushing to write you a check, the choice is easy--turn the claim in on your collision insurance.

What is “no-fault” law in Minnesota?

"No-fault benefits" are also often referred to as "Personal Injury Protection benefits or "PIP Benefits" for short. No Fault or PIP benefits refers to insurance coverage provided by your own automobile insurance policy regardless of who was at fault in the automobile accident. In other words, simply because the other driver was at fault does not mean that your insurance will not pay you for your injuries. In fact, the opposite is true. No fault benefits may include compensation for wage loss, medical expenses, mileage and replacement vehicle. Under Minnesota law, all motor vehicle owners must have no-fault coverage as part of their automobile insurance coverage. No Fault insurances is also called first-party coverage. This means that if you are injured in a car accident, it is your insurance that pays the no fault compensation rather than the insurance of the party at fault or even the insurance of the vehicle in which you were riding. Essentially, no fault coverage applies to the insured person, not the vehicle.

When can I bring a legal claim against another who caused an auto accident?

Under Minnesota law, a person can only bring a Pain and Suffering claim against another who caused an automobile collision if they meet one of the following threshold’s:

1. Permanent disfigurement, such as a scar;
2. Medical bills over $4,000, excluding diagnostic x-rays, MRI’s..;
3. More than 60 days of total disability, disability being defined as an inability to engage in substantially all of the person’s normal activities;
4. Permanent injury; or
5. Death

At Rinke-Noonan, we have over 35 years of experience in representing victims of auto accidents. Anyone injured in a car crash should contact our firm for a free initial consultation about their legal rights.