Update on Expert Witness Requirements in Malpractice Claims
Minn. Stat. § 544.42 generally requires that claimants, who are bringing negligence or malpractice claims against various types of professionals, provide expert testimony establishing the elements of their claim. Claimants may try to avoid this requirement by rebranding their claims as something other than negligence. In Mittelstaedt v. Henney, decided January 4, 2021, the claimant sued his attorney for “breach of fiduciary duty.” The claimant argued that section 544.42’s expert review requirements did not apply because the claim was not for “negligence” or “malpractice.” The court disagreed. It compared the underlying elements of negligence and breach of fiduciary duty claims... Read More
What about all the pain and suffering associated with a work injury?
When a worker gets injured on a job and is no longer able to enjoy his or her life because of too much pain or the doctor says it is no longer advisable to engage in activities that the person loved to do, the situation can get pretty frustrating. If, on top of that, the insurer starts delaying payments or denying doctor visits, or not approving treatment that is recommended, it is easy to become overwhelmed and feel that there should be some compensation for all the pain and suffering you have to go through just because you got hurt... Read More
Is There a Limit for Child Support Payments in MN?
In decades past, a mother would have primary custody of the children after a divorce. The father would typically have the children every other weekend and on alternating holidays. And almost universally, it was the father that paid child support. In the 2000s, times—and families—have changed. There are more parents who were never married to each other. It is not unusual for children to split their time 50/50 between both parents. It is a myth that joint legal custody eliminates any child support obligations. More same-sex couples are having families Someone other than the parents may have custody of a... Read More
Common Workers Compensation Questions and Answers
If you have gotten hurt on the job (or working has aggravated your injury), you may have a workers’ compensation case. However, before you go running to a lawyer, you may want to get a little more information. Here are some common questions that you may be having. What is workers’ compensation? Workers’ compensation is the insurance system that was designed to protect both employers and employee with injuries, illness, or death that occurs at work. Employers have to pay for workers’ compensation insurance which is meant to protect them against any injuries that occur at work. What do I... Read More
How Social Security Disability Law Applies to Minnesota Residents
Social Security rules and laws can be very complex, but there are specific regulations that also apply to Minnesota residents. Legal professionals who are well versed in federal social security laws and can guide their clients on the best filing options for their unique disability or retirement. For example, a legal expert can help you decide on closed period or long-term social security benefits. Keep reading more for more details gathered by the legal professionals at the Farrish Johnson Law Office to see how social security laws apply to your claim. What Is Social Security? Social security is a comprehensive federal benefits program designed... Read More
Is My Stipulated Divorce Decree a Binding Contract?
Mankato Family Law Attorneys at Farrish Johnson Divorce is life changing. Sometimes, it comes as a complete surprise. Regardless of the side you stand on, it is wise to seek assistance from a legal team with expertise in Minnesota divorce law. Grounds for a Divorce Minnesota is a no-fault divorce state. No-fault divorce means there is no requirement to prove a spouse’s actions caused an irreconcilable breakdown of the marital relationship. The Types of Divorce Divorces in Minnesota are known as a Dissolutions of Marriage. In Minnesota, there are three types of divorce: uncontested, contested, and stipulated. An uncontested divorce... Read More
Child Custody Disputes for Cohabitating Parents
Southern Minnesota Family Law Attorneys Are you going through a difficult time after you broke up with your significant other? If this is the parent of your child(ren), then you are definitely feeling the loss. In our society, many adults are hard-pressed to keep their home lives stable, especially when there are unforeseen changes in the economy, workplace injuries, or other financial setbacks. When you’re alone while trying to resolve child custody disputes, albeit married or cohabitating, you need legal help ASAP. How else will you ensure your child’s well-being? Feeling Isolated After Separating From Your Partner? In part, you... Read More
An Uncontested Divorce Can Proceed Outside The Courtroom Under Certain Conditions
Mankato Family Law Attorneys It is possible to complete a marriage dissolution with minimal or no court attendance if you meet certain requirements. Minnesota’s laws are complex and can be hard to understand, even for a seasoned lawyer, but an uncontested divorce under the guidance of a compassionate lawyer can happen as long as you and your partner agree on everything. Everyone In Agreement Both parties must be in agreement on every issue related to the divorce, including the fact that the marital relationship cannot be fixed. Minnesota Statute 518.06 defines divorce as the legal ending to a legal marriage between two people whose relationship is... Read More
Who Owns the Dog?
Let’s say you own a dog named Oliver. You love this dog very much but move away for school, so you ask a friend to keep him. Your friend agrees. When you return from school two years later, you ask for Oliver back, but your friend refuses to return Oliver to you. Whose dog is it? This fact situation is actually quite common in our society. The Minnesota Court of Appeals recently decided this very issue in the case Zephier v. Agate. The question turned on whether Oliver was “abandoned” property in the legal sense. As a general rule, property... Read More
Minor Settlements
Farrish Johnson attorneys Scott Kelly and Daniel Bellig recently secured several settlements for injuries to children arising from motor vehicle, snowmobile, and property accidents. Parents or guardians must bring personal injury claims on behalf of a minor child and all minor settlements must be court approved. Farrish Johnson will work with you to secure the best possible settlement of your child’s claim, including submitting the claim to the proper insurance companies, assisting with payment of medical bills and medical liens, and obtaining court approval of any settlement. If your child has been injured by another’s negligence, let Farrish Johnson’s personal... Read More