Legal Question in Personal Injury in Minnesota

auto accident

I was rear-ended about a week ago and im waiting for a police report and blood test from the guy who hit me. D.U.I. Police said it could take 2 weeks for the results and their investigation is still open. I dont have the guys name or insurance. Im thinking about retaining legal help for my injuries. Whiplash is no fun. how long do i have to get a lawyer before i hurt my case or legal options?


Asked on 3/07/07, 4:41 am

3 Answers from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: auto accident

Thank you for your question regarding your response to an auto accident.

I would encourage you to consult with an attorney at the earliest opportunity.

First, you should realize that evidence related to the accident can be more difficult to obtain as time goes by. It is therefore important to determine whether there were any witnesses to the accident, and if so, to obtain statements.

This is particularly true if the other driver was drinking at a bar before the accident. Depending upon the circumstances, the bar may have liability under the dram shop Law. If a bar serves alcohol to an individual who is obviously intoxicated, the bar may be responsible for injuries caused by that individual. Establishing a dram shop claim requires you to produce evidence that the other driver was in the bar, served alcohol, etc. Bartenders and other patrons are possible witnesses, and may be more difficult to locate as time goes by.

Second, you should carefully document your injury and your treatment. If you have not done so already, and are experiencing pain or discomfort, I would encourage you to seek medical attention.

Please feel free to contact me if you have additional questions or concerns about your accident, or your treatment and alternatives. My contact information is below.

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Answered on 3/07/07, 10:16 pm
Charles Ramsay Ramsay & DeVore, P.A.

Re: auto accident

You have time to get a lawyer, but it is best to do it soon rather than wait. The statute of limitations may vary, depending upon the specific facts of your case. If all events took place in Minnesota, the statute could be two or six years, again depending on the specifics of your case. There is also a limited amount of time to put any bars on notice if you have a potential dram shop (liquor liability) claim against them. You will need to review the specifics with a qualified attorney to get a more precise opinion as to the limitations periods that will apply to your particular case, and so I encourage you to seek the advice of an attorney immediately.

In addition to learning the appropriate limitations periods for your case, consulting an attorney early is important for other reasons as well. Valuable information can be lost as time passes, such as witness identities or the clarity of their memories, surveilance data, and more. To preserve this information and potential evidence, it is important to get an attorney involved early to handle the details of investigation for you.

If you are suffering any symptoms related to your collision, you should immediately seek medical attention if you have not done so already. The expense of medical care, lost wages, and other benefits is typically available to you under Minnesota's No-Fault laws. You should review your specific situation with a qualified attorney to learn what benefits are available to you and by whom they should be paid.

The attorney in my office that is best suited to answering any other questions you may have is Denise Fullerton. You can email her directly at [email protected]. Our other contact information is below. Best Wishes.

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Answered on 3/08/07, 10:48 am
Donald Kohler Donald W. Kohler, Attorney at Law

Re: auto accident

You should not delay as there may also be a possible "dram shop" claim against the bar where the other driver was drinking. The sooner that possible claim is followed up the better as the bartender / server, etc. should be interviewed, etc.

Let me know if you're interested in meeting.

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Answered on 3/07/07, 9:04 am


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