Car Accidents
Minnesota
What to do in the event of an auto accident.
- Call 911 for help for anyone hurt or if there is property damage in excess of $100.
- Gather information. Obtain the other driver's name, address, home phone number, work phone number, driver's license number, date of birth, insurance company, and policy number.
- Do not discuss the accident with anyone except to answer questions asked by police officers.
- Contact your insurance agent or insurance company to notify them immediately of the accident.
Contact
us if you would like a brochure to assist you in the
event of an accident.
In the event of an automobile accident, who pays the
medical bills?
In Minnesota under the No-Fault statute, an injured party
looks to his or her own insurance company for payment of
medical bills and lost wages even if he or she is not at
fault for the accident. The advantage under the No-Fault
statute is that an injured person gets compensated quickly
and easily for medical bills and wage loss without having to
prove who actually is at fault in causing the injuries.
Medical and wage loss benefits are found in the PIP
(personal injury protection) coverage of the individual's
policy.
Is property damage covered under my no-fault coverage?
No. No-fault coverage provides coverage for medical
expenses, wage loss, and hired help.
What is No-Fault insurance?
In 1975, the Minnesota Legislature passed a "No-Fault
Statute" regulating insurance you must have to operate a
motor vehicle. It allows those who are involved in an
automobile accident, regardless of who is at fault, to
recover costs for medical bills, lost wages, and other
economic losses. No-fault insurance will pay for medical
expenses including medical, surgical, hospital, x-ray,
chiropractic, rehabilitation services, prescription and
ambulance, and provide mileage to and from treatment. The
No-Fault Act also pays for wage loss including 85% of the
injured person's gross income to a maximum of $250 per week.
When damages are more serious, such as in:
- death
- permanent injury or disfigurement
- more than $4000 in medical expenses and
- disability lasting for more than 60 days
the injured party has a right to file a claim against the
person responsible for the accident.
Under Minnesota law, personal injury protection (PIP)
provides minimum coverage of $20,000 for medical care, and
$20,000 wage loss per covered person.
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Employment
Law Minnesota
What is employment "at will"?
Employment "at will" is a legal doctrine that governs most
employment relationships. It provides that an employer may
change the terms and conditions of employment, impose
discipline on an employee, or discharge an employee for any
cause whatsoever, or no cause at all. It allows an employee
to quit and to change employment at any time. There are a
number of limitations that restrict an employee's and
employer's actions. An employer's actions may be contrary to
laws protecting against discrimination or harassment. In
some circumstances employment manuals or personnel policies
may take an employee out of "at will" employment.
When can an employer discipline an employee?
If the employment is "at will" employment, the employer can
discipline or discharge an employee for poor work
performance or for any other reason provided the employer's
action is not discriminatory or based on illegal grounds.
Employment manuals often provide procedures for imposing
discipline or discharge, and the employer is generally
obligated to follow the procedures set forth in the manual.
An employee under contract cannot be disciplined or
terminated except in accordance with the provisions of the
contract. Employees who are members of labor unions or work
for the government may not be disciplined or terminated
without compliance with the applicable terms of the
collective bargaining agreement, or applicable civil service
policy and rules.
Can an employer restrict an employee from competing after
termination of employment?
An employee may be prevented from engaging in competitive
activity, or taking confidential information (trade secrets)
if the employee has signed a written contract containing a
noncompete or nondisclosure clause. A noncompete clause or
nondisclosure clause must generally be limited in time,
duration, and scope and supported by independent
consideration, and must be reasonable in order to be
enforceable. Courts are reluctant to enforce noncompete
provisions on employees unless they are narrowly defined.
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Estate Planning and Probate
Minnesota
What is a will?
A will is a written instrument by which a person disposes of
his or her property at the time of death. A will can be
modified any time prior to death as long as the person is
legally competent.
What is a health care directive?
A health care directive is a document that provides a person
(the principal) an opportunity to express, in advance, the
type of medical treatment they wish to receive in the event
they are unable to make their wishes known. The health care
directive must be in writing, dated, state the principal's
name, and be properly executed. It may include health care
instructions and/or a health care agent.
What is a power of attorney?
A power of attorney is an instrument authorizing another
person to act as one's agent or attorney. The authority of
the attorney-in-fact may be general or limited. The power of
the attorney-in-fact may be revoked by the principal during
life and ceases at the time of the principal's death.
Real Estate
Minnesota
Do I need a lawyer to draft or review a purchase
agreement?
Real estate agents are trained to fill in the blanks of
standard form agreements. They are not trained in the law
and cannot advise you on the legal significance or the
effect of the terms in the purchase agreement. The purchase
or sale of a home is probably the largest transaction in
which you will ever be involved and you need to protect your
interests. A purchase agreement is a contract and once
executed, is a legal force of the law, and becomes binding
and enforceable on the parties thereto. As with any
contract, you should have your lawyer review it before you
sign it so that any changes or modifications needed to
protect your interests are made before you sign the
document.
What is a title opinion?
A title opinion is a letter or memorandum issued by a lawyer
after the lawyer reviews the abstract or title or the
Torrens certificate. The attorney drafting the title opinion
reviews the abstract or Torrens certificate looking for
"defects" affecting the title to the property and will set
out objections to the title.
What is title insurance?.
Title insurance is an insurance policy purchased from a
title insurance company. A title insurance company will
review the abstract of title or Torrens certificate for the
real estate, and issue a "policy of insurance" providing
coverage in the event of a defect in the title to the
property.
Family Law
Minnesota
What is dissolution of marriage?
Dissolution of marriage (also known as divorce) is a legal
proceeding to end a marital relationship. The court order of
dissolution will also establish custody, visitation, and
support of minor children, address the issues of spousal
maintenance, and make a distribution of division of property
and debt.
Is a divorce different from legal separation?
Divorce ends a marriage. Legal separation involves
procedures similar to divorce, but does not end a marriage.