Understanding Causation in Minnesota Personal Injury Claims

Posted on behalf of Steve Terry
on February 1, 2024 in Personal Injury

Causation is a central aspect of a personal injury case. Causation connects an injury to the actions of another person, such as a driver or property owner.

In this blog, the experienced lawyers at TSR Injury Law provide a detailed explanation of this legal concept. We also discuss the challenges of proving causation and the evidence that can be used to support a personal injury claim.

At TSR Injury Law, we have been advocating for Minnesota injury victims for more than 25 years. During that time, we have obtained more than $1 billion in compensation over a wide variety of cases. Our knowledgeable Minneapolis personal injury lawyers represent clients on contingency, which means no upfront costs for you.

Schedule a free legal consultation to learn if you have a case. Call (612) TSR-TIME.

What Is Causation in Personal Injury Law?

Causation in personal injury law refers to the link between someone’s actions and another person’s injury. Essentially, one person breached a duty of care, and the breach resulted in an injury to another. A duty of care is a legal responsibility to take reasonable steps or precautions to prevent an injury to someone else.

Establishing this connection is crucial for a successful personal injury claim. You can think of causation as the linchpin of a personal injury claim, without it, there is no case. There needs to be an unbroken chain between the actions of the at-fault party and your injuries.

What Are the Two Elements of Causation?

Causation has two parts: cause in fact and proximate cause. This is sort of like a two-part test for establishing whether causation exists in an injury claim:

Cause in fact: This can be referred to as the “but for” test. In other words, your injuries would not have happened without the actions of the defendant. For example, say that a pedestrian got hit by a car whose driver ran a red light. The crash would not have happened if the driver had not run a red light. The driver’s actions were the direct cause in fact of the pedestrian’s injuries. One of the challenges of proving cause in fact is being able to counter if the insurance company tries to argue that something else likely caused your injuries.
Proximate cause: Proximate cause is about foreseeability. It determines whether the injuries were a foreseeable result of the negligent action. For instance, if a property owner neglects to clear ice from their sidewalk and someone slips and gets injured, the owner’s negligence is the proximate cause of the injury. Foreseeability is based on the reasonable person standard. That means if a reasonable person could have expected his or her actions would result in harm, the injury was foreseeable. For example, it is reasonably foreseeable that and result in injuries.

Evidence That Can Be Used to Prove Causation

Proving causation requires concrete evidence. This might include:

Medical records: This documentation is pivotal in linking the injury directly to the accident. Detailed medical records also provide your diagnosis, a timeline of your treatment and explain the severity of your injuries.
Expert testimony: Experts can help establish the cause-and-effect relationship between the defendant’s actions and your injuries. They use their advanced knowledge and experience to provide detailed insight into what occurred. For example, medical experts can explain exactly how a crash caused an injury.
Accident reconstruction: Sometimes, reconstructing a crash can provide a clearer picture of how the events unfolded and led to the injury. Accident reconstruction experts can provide a visual and scientific explanation of what happened in the collision. They can explain the chain of events, including how the other party’s negligence led to your injuries.

At TSR Injury Law, we understand the complexities of proving causation in personal injury cases. Our lawyers and legal staff are adept at gathering convincing evidence for a variety of cases. We also know how to counter the liable insurance company’s arguments about what caused your injuries or whether a reasonable person could have foreseen what would happen.

Contact TSR Injury Law for Post-Injury Legal Help

Causation is a critical element of personal injury claims, and understanding it is key to securing fair compensation.

If you are an injured victim in Minneapolis, reach out to TSR Injury Law. Our experienced lawyers and legal team are here to answer your questions and guide you through the legal process. We are committed to securing the justice and compensation injury victims need.

We do not charge any upfront fees for our services. The initial legal consultation is always free.

More than $1 billion recovered. Call today: (612) TSR-TIME.

Who Could Be Held Liable For Injuries and Damages From a Minneapolis Head-On Collision?

Posted on behalf of Steve Terry
on September 7, 2023 in Auto Accidents

A head-on collision is one of the most dangerous types of car crashes, as those involved are at much higher risk for severe or even fatal injuries.

If you were in the car that got hit and you suffered serious injuries, you may be eligible to seek compensation. TSR Injury Law’s Minneapolis-based car crash lawyers have represented many people who were seriously injured in collisions and obtained favorable results on their behalf. Our services are provided on contingency, which means we do not charge any upfront costs.

Below, we discuss why head-on collisions occur, why they are so dangerous, and how we determine liability for these types of crashes.

Contact TSR to discuss your post-crash legal options. Call (612) TSR-TIME.

What Is the Definition of a Head-On Collision?

A head-on collision occurs when two vehicles that are traveling in opposite directions crash into each other. The front of one vehicle crashes into the front of another, which is why head-on collisions are also referred to as frontal collisions.

While there is a high risk of serious injury in any head-on crash, the risk is magnified when one of the vehicles involved is larger than another, or when one of the vehicles is a motorcycle.

Why Do Head-On Collisions Happen?

Head-on collisions often happen because a driver:

Crossed the centerline of the road. When this occurs, it is often because the driver was drowsy, fell asleep, was impaired by alcohol or became distracted. Drivers might also lose control of their vehicles due to black ice or other poor weather conditions. Any of these conditions could cause them to drift over the centerline.
Failed to see, read or follow instructions on road signs. This might happen if someone has impaired vision or is elderly and gets easily confused.
Tried to pass another vehicle on a two-lane road using the wrong side of the road
Went the wrong way on a one-way street
Attempted to turn left without enough room, resulting in a head-on crash with a car traveling in the opposite direction
Lost control because of a tire blowout
Suffered a sudden medical emergency, such as a heart attack, stroke or seizure

Liability For a Head-On Collision in Minnesota

Most car crashes are caused by the negligent actions of one of the drivers involved. For example, it is both negligent and illegal to drive on the wrong side of the road or to drive the wrong way down a one-way street.

The driver who was negligent is going to be held liable for injuries and damages from the crash. In the context of a head-on collision, the driver who was traveling the wrong way is almost always going to be liable for the crash.

However, sometimes head-on collisions are part of a chain reaction from another crash. For example, maybe there was a crash on the other side of the road that caused another vehicle to cross the center line and get into a frontal collision with another vehicle.

In this scenario, the driver who crossed the center line might be partially at fault. However, he or she may have lost control through no fault of his or her own. That means drivers involved in the crash that started the chain reaction may bear most of the fault.

Could Someone Besides a Driver Be Held Liable For a Head-On Crash?

It may be possible to file a claim against the entity responsible for maintaining the road. For example, maybe there was a pothole that was difficult to avoid, and this caused a car to veer into oncoming traffic.

The way the road was designed may have made it easier to drift into oncoming traffic. This could be due to numerous factors such as road construction or detours.

If the crash was on a one-way street, there might not have been a sign alerting drivers to the fact that they were turning onto a one-way street.

However, these claims can be very difficult to prove without the resources of an experienced law firm behind you. Despite poor road conditions or other factors out of a driver’s control, he or she may still have been able to avoid a collision.

While there may be rare exceptions, most head-on crash claims involve car insurance companies.

Evidence For a Head-On Collision Claim or Lawsuit

One of the reasons you should consider hiring an experienced lawyer is so he or she can manage the legal process on your behalf. This includes investigating the collision and gathering evidence of the other driver’s negligence.

Your lawyer will need to establish that the other driver crossed into oncoming traffic. Your lawyer may also need to establish why the other driver could have avoided this. Evidence of alcohol impairment, distraction or fatigue, for instance, could help to bolster your claim.

Head-on collision claims often involve severe injuries. That means insurance companies are going to fight hard to avoid paying fair compensation. It also means your lawyer may need to bring in expert witnesses to help prove what happened and link your injuries to the collision.

These are just some of the reasons why you need an experienced lawyer managing your claim. TSR Injury Law is committed to securing full compensation to make sure you can get the medical care you need and deal with the other damages you suffered.

Injuries From Head-On Collisions

Head-on collisions can result in many serious injuries that could affect victims for the rest of their lives:

Broken bones, particularly in the arms and legs, but also the pelvis
Traumatic brain injuries, including open and closed head injuries
Broken ribs
Internal organ injuries
Crush injuries

Damage to the spinal cord
Soft-tissue injuries, which often accompany other injuries, such as fractures
Whiplash
And many more

Injured in a Head-On Collision? Contact TSR Injury Law

When people suffer catastrophic injuries in a car crash, they should not assume the insurance company will take care of them. You need a lawyer with experience managing these types of cases. You need a lawyer who has achieved results, either through settlements or courtroom verdicts.

TSR Injury Law has been helping crash victims in Minnesota for many years, securing compensation to help them start to put their lives back together.

Call us to schedule your free legal consultation: (612) TSR-TIME.

What is Loss of Consortium and When Can It Be Included in an Injury Claim?

Posted on behalf of Steve Terry
on April 28, 2023 in Personal Injury

Loss of consortium is something you may be able to claim if your spouse suffered a catastrophic or fatal injury caused by another’s negligence. Loss of consortium refers to the loss of your spouse’s companionship, affection, support and guidance, help with household chores and more. In other words, your spouse cannot provide what they did before the injury or death.

If your spouse suffered a life-changing or fatal injury, you should contact a licensed attorney to discuss your legal options. The Bloomington personal injury lawyers at TSR Injury Law are ready to help you pursue full compensation for your damages. Our firm has obtained more than $1 billion on behalf of our clients.

Call today. There are no upfront fees with our services: (612) TSR-TIME.

Who Can File a Minnesota Loss of Consortium Claim?

Generally, the surviving spouse is the only person who can file a loss of consortium claim. Minnesota court rulings have consistently reached this conclusion. These claims are typically only pursued in wrongful death cases involving the loss of a spouse.

It might be possible for a parent to seek loss of consortium damages for the loss of children. Grandparents might also be able to seek loss of consortium for the loss of grandchildren.

However, children usually are not able to recover the loss of consortium after losing a parent.

What Are Loss of Consortium Damages?

Loss of consortium refers to the intangible losses suffered after the death of a spouse or that spouse’s catastrophic injury. This can include things like:

Loss of love and companionship
Loss of a sexual relationship
Loss of ability to have children
Loss of the performance of household chores

Loss of care, including the loss of caring for children
Loss of affection
Loss of guidance and support

Even if the spouse did not die in the accident, he or she may be unable to provide these things because of the severity of his or her injury. For example, the spouse may have suffered a traumatic brain injury and he or she needs help with the most basic of tasks. Spinal cord injuries could also impair the ability of a spouse to perform household tasks and care for children.

What Must Your Lawyer Prove to Recover Loss of Consortium Damages?

Your lawyer must prove certain things to recover compensation for loss of consortium.

Qualifying Relationship

Your lawyer must establish that the claimant and the victim had a qualifying relationship. You must be the victim’s spouse, grandparent or parent.

Negligence Caused the Injury or Death

You must prove your loved one was injured because of another party’s negligence. For example, if your loved one was killed by a drunk driver, your lawyer would need to provide proof of the crash and the at-fault driver’s intoxication.

The Injury or Death Caused Loss of Consortium

Your lawyer would need to present evidence of what your spouse did before the injury. This can then be compared to what your spouse is able to do following the injury.

What is the Value of a Loss of Consortium Claim?

The value of any type of personal injury claim is going to be based on many factors. In a loss of consortium claim, the value is likely to be based on things like:

Your loved one’s life expectancy
Your life expectancy
The strength of the marriage
The scope of the loss (how much your loved one contributed to the relationship)

How severely your loved one’s injury has affected the relationship
The age of your children and the amount of care they need
Your role and your spouse’s role in childcare and household chores

If you are the one who went to work and your spouse was a stay-at-home parent, the value of your loss of consortium may be greater than the loss of a spouse who also worked full-time. You may now need to pay for childcare, which can easily cost several thousand dollars or more per year.

Call TSR Injury Law Today to Discuss Your Legal Options

The unexpected loss or catastrophic injury of a loved one is often the result of another party’s negligence. That means victims and/or their loved ones may be able to seek compensation for injuries and damages.

At TSR Injury Law, there are no upfront fees for our services. That means we do not get paid unless we successfully recover compensation for our clients.

Visit our case results page to learn more about the compensation we have obtained in a wide variety of personal injury cases.

More than $1 billion recovered. Call today: (612) TSR-TIME.

Did the At-Fault Party Act Reasonably to Prevent an Injury?

Posted on behalf of Steve Terry
on September 9, 2021 in Personal Injury
Updated on March 23, 2022

When attorneys try to determine if someone is liable for an injury, they assess whether the party acted reasonably or unreasonably in the situation that resulted in an injury. If this person failed to act as a reasonable person would have in the same situation, he or she may be liable for damages suffered by the victim.

But how do you know what a reasonable person would have done in the same situation? How do you know if this person’s actions were unreasonable?

These are complex questions, and this is one of the reasons why injury victims should strongly consider seeking help from someone with legal experience. Proving negligence can be difficult and requires a thorough investigation and knowledge of personal injury law.

At TSR Injury Law, we have been helping injury victims in Minnesota for decades and have recovered $1 billion in compensation on their behalf. Call today to discuss your claim with a licensed Minneapolis personal injury attorney.

Free initial consultation and no upfront fees. Call (612) TSR-TIME.

Defining a Reasonable Person and Reasonable Actions

These issues must be assessed on a case-by-case basis because every situation is different. No two car crashes are the same and a car crash case is much different from a case involving a slip and fall, dog bite, daycare abuse, nursing home abuse or medical malpractice.

That said, there are some criteria that may apply across a variety of cases. For instance, it is reasonable to expect people to obey the law. If an injury resulted from someone else breaking the law, you can probably consider his or her actions to be unreasonable. Drivers should obey traffic laws, such as laws about speeding, staying in your lane and respecting the right of way of other drivers.

While slip and fall cases can be complex, one factor that be considered is whether the property owner could have addressed a slip and fall hazard before the injury occurred. It would probably be reasonable to expect the property owner to remove a hazard or rope it off if he or she was told about it, the hazard was in a heavily trafficked area, or someone else was recently injured in the area.

Different standards may be applied when a child is injured in a premises liability case. Children do not have the same ability as adults to recognize dangerous situations. That means property owners have a greater responsibility to protect child trespassers from injury than they would in protecting adult trespassers from injury.

Failing to Act Can Be Unreasonable

Sometimes people are found at fault because of a failure to act, and this failure to act is considered unreasonable under the circumstances. In the example above, the property owner failed to act to remove a hazard. If it would have been reasonable to expect the property owner to do something, he or she may bear liability for the victim’s damages.

In a nursing home, residents often suffer injuries because of the failure of staff members to act. For example, staff members may fail to clear clutter and other obstacles from hallways. These obstacles may cause residents to fall and suffer serious injuries. Another example is when staff members do not monitor residents to avoid constant pressure on body parts. Bed sores arise and the injury is caused.

Was the Risk of Harm Foreseeable?

Another factor to consider is whether the risk of harm from the at-fault party’s action or inaction was foreseeable. If the at-fault party should have known the risk of harm was foreseeable, he or she may have been acting unreasonably.

When assessing whether harm was foreseeable, the person’s knowledge, awareness and mental capacity to behave like a reasonable person must also be considered.

Learn More About the Benefits of an Attorney. Call TSR Today

Injury victims often struggle to secure full compensation for their injuries without help from a licensed attorney. In fact, insurance companies would prefer victims handle things on their own because insurance companies know how to mislead and deceive injury victims.

You do not need to go through the legal process alone. TSR Injury Law’s experienced attorneys are here to help and there are no upfront fees for our services. We have successfully recovered millions on behalf of our clients and are ready to help you.

TSR Injury Law. No upfront fees or obligations. (612) TSR-TIME

Tag: negligence