Personal Injury Law

Recovering fair compensation after an accident that causes you injuries can be very challenging. The law is complex, medical expenses and lost time put you under stress, and on top of it all, you need to devote time and attention to recovering. Hiring an attorney to assist you can make an injury easier to deal with.

The attorneys of Gonko & Vavreck, PLLC are dedicated to ensuring that you have the representative you deserve and the advocates that you need to make your recovery as smooth as possible.

Notes:

  • What follows are brief and basic explanations about some of the laws which relate to personal injury.
  • Please bear in mind that accident law is complicated because the law tries to be very specific and because courts have made decisions over time which impact the way the law can or cannot be applied.
  • If you’ve been injured in an accident, you should contact an attorney.
  • The particular facts about what happened will affect which details of the laws are relevant to your situation.

No-Fault Insurance

No-Fault Insurance is a type of insurance required by Minnesota law that pays the expenses of anyone injured in a motor vehicle accident. Only injury-related expenses are covered by No-Fault Insurance. These expenses include things like medical bills (up to $20,000) and wage losses (up to $20,000) resulting from being injured and therefore unable to work. There are payments No-Fault Insurance may also appear on your insurance policy as “Personal Injury Protection” or as “Basic Economic Loss Benefits.”

What is the Minnesota No-Fault Act?

The Minnesota No-Fault Act is the state law that controls the rights and benefits of people injured in motor vehicle accidents. This law requires the owners of motor vehicles registered in Minnesota to carry a type of insurance commonly called “No-Fault Insurance.” The law contains specific definitions and complicated rules that can be confusing. If you’ve been injured in a motor vehicle accident, contact our office and let us assist you. Our attorneys will explain your options and protect your rights.

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What does the No-Fault Act consider a “Motor Vehicle” to be?

Under the Minnesota No-Fault Act, some types of vehicles with motors are not considered “motor vehicles.” A motorcycle, for example, is not covered by the Minnesota No-Fault Act which means that the operator of a motorcycle does not need to have No-Fault Insurance. Snow mobiles and ATVs are not motor vehicles. There is uncertainty about whether a public bus or a light rail train should be considered a motor vehicle.

Whose No-Fault Insurance pays in an accident?

The Minnesota No-Fault Act makes no-fault insurance payments available to anyone injured in a motor vehicle accident.
The Minnesota No-Fault Act contains rules, however, about deciding which No-Fault Insurance should be applied to which injured person. Generally you collect from your own insurance company for your injury-related expenses. This means that even if you were a passenger in someone else’s car, the No­Fault Insurance policy for your car is the policy that pays your benefits.

As mentioned before, this law is complex and an individual should carefully consult with an attorney before filing for benefits or accepting any settlements offered by an insurance provider.

What about the other driver’s insurance?

Although Minnesota’s No-Fault laws are restricted to reasonable and necessary injury­related expenses, you may also have a claim against the driver of the other vehicle or another party for the

  • pain and suffering,
  • disfigurement, and
  • emotional distress

you endured as a result of the accident. Our experienced attorneys will identify these parties and help you pursue them for the compensation your accident deserves.

What happens to my insurance rates if I file a No-Fault insurance claim?

Your insurance company cannot increase your insurance premiums simply because you claim your No-Fault Benefits. Your insurance rates can only be affected if the accident was your fault.

Why should I get an attorney to assist with my
No-Fault Claim?

The law is complicated and requires substantial paperwork in order to make a claim for No-Fault Benefits. Insurance companies know these complexities and use them to refuse to pay the full amount of No-Fault Benefits that you might actually deserve because the expenses submitted to them have not been adequately proven. For example, expenses related to the treatment of neck and back injuries, although common to accidents, are frequently denied because the insurance company concludes that the treatment received was not reasonable and necessary.

You should consult an attorney to ensure that your benefits are not denied. Gonko & Vavreck, PLLC has a proven track record of getting insurance companies to pay benefits so that you can get the care you need rather than the care your insurance company says you’re allowed to have.

Gonko & Vavreck, PLLC has negotiated thousands of auto accident claims and prevailed in extensive trials.
We have resolved numerous claims in excess of $100,000 for our clients.
We deal with virtually every auto insurance company in Minnesota and Western Wisconsin.

“Let us protect you - we can help you with your Personal Injury case.”

At Gonko & Vavreck, PLLC, we have the education, experience and drive to successfully challenge at-fault parties. Learn More About The Benefits We Offer.

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Personal Injury

If you are injured on someone else’s property, the property owner may be liable for the injuries you suffered. This is sometimes called a “premises liability lawsuit.” If you’ve been injured, you may be entitled to compensation for medical bills, lost wages and for pain and suffering endured as a result of an accident. If you’ve been injured, you should contact an attorney to learn more about what your rights are with regard to that injury.

What are common types of Premises Liability Lawsuits?

The most common sorts of premises liability lawsuits in Minnesota involve injuries caused by slipping or tripping because of unsafe floors and stairways such as spills that have not been cleaned, or defects such as holes and uneven floors.
Another common type of premises liability lawsuit involves animal attacks.
A property owner in Minnesota is strictly liable for dog bites.

What is the Open & Obvious Rule?

In Minnesota if a danger on a property is considered “open and obvious” that means the danger is one that you should not need to be warned about because it is self-apparent. If a reasonable person could perceive and avoid the clanger, then the property owner does not have a duty to protect people who are on the property.

What is Strict Liability?

Strict Liability means that there are no factors which reduce or completely remove a person’s liability under the law. In the case of dog bites, it makes no difference that the dog owner used reasonable care to prevent an injury or that a dog had never attacked someone before. If a dog attacks a person without provocation, then the owner is liable for that injury.

“Let us protect you - we can help you with your Personal Injury case.”

At Gonko & Vavreck, PLLC, we have the education, experience and drive to successfully challenge at-fault parties. Learn More About The Benefits We Offer.

Schedule A Free Consultation