The post Understanding High Net-Worth Divorces in Minnesota appeared first on Milavetz Injury Law, P.A..
]]>Every divorce brings its own challenges, but dissolving a marriage involving high assets can be particularly complex. If you and your spouse shared many investments, properties, or other assets, your divorce likely qualifies as “high-asset.” A Minneapolis divorce attorney at Milavetz Injury Law, P.A., will use the strategies and means necessary to defend your assets and advocate for a fair divorce settlement.
Even under the best circumstances, divorce is a stressful process. However, when a high level of assets is involved, the complications can be overwhelming. Navigating a high net worth divorce means you have more to divide and much to lose. Working with a skilled attorney experienced in these types of cases is critical.
If you’re facing a divorce in Minnesota involving substantial assets, a high-net-worth divorce attorney can address such things as the tracing of assets, complex taxation, and future support obligations.
At Milavetz Injury Law, P.A., our family law attorneys understand the complexities of these matters. We are experienced in asserting our clients’ rights while treating the situation with the delicacy and care it deserves. Contact us today to schedule a free initial consultation.
A high-net-worth divorce involves a couple with high-value and complex assets. These might include a million dollars or more in liquid or invested assets, substantial real estate holdings, businesses, and other illiquid assets. Or a high-net-worth divorce may involve a situation where one spouse makes considerably more than the other. The outcomes of these divorces can have significant tax consequences and affect your family for generations to come.
Couples might have high assets and pursue divorce for a variety of reasons. High-paid and high-stress jobs are just one. Doctors, for example, have a divorce rate of around 24 percent, which is higher than similar professions but lower than the overall population.
No matter your occupation or situation, you deserve a level playing field when approaching a divorce involving significant assets. However, achieving a fair result can be challenging without the right approach because high-net-worth divorces involve several complexities.
The types of assets you’ll encounter in a high-net-worth divorce are generally more complex than in a regular divorce. For example, in a regular divorce, a couple might need to divide assets like a family home, several vehicles, and a retirement fund.
In a high-asset divorce, the level of complexity with assets is much higher. In addition to the items you’ll find in a regular divorce, couples often have assets like vacation homes, business interests, multiple investment accounts, artwork, jewelry, intellectual property, and more.
A high-asset divorce usually has substantial property to review and categorize. Determining how to classify marital property versus separate property can also be an emotionally charged subject.
Generally, marital property gets divided during a divorce, while personal property stays with the spouse who owns it. Marital property includes all assets acquired during the marriage. However, If certain property belonged to a single spouse and was kept separate from the joint property, it may be considered personal property not subject to asset division.
Personal property may include the following:
One of the most contentious parts of a high-asset divorce is determining who ends up with what. According to Minnesota law, a baseline for the division of marital property is an even split. However, the court could deviate from this standard if there is proof of certain activities, such as concealing, disposing of, or transferring assets.
How those assets are valued can also be a complex matter. You or your spouse might have certain ideas about the value of real estate, a business, or other assets. With a high net worth divorce, experts like appraisers and forensic accountants must determine the value of investments.
High-asset divorces often involve complex tax issues. For example, dividing retirement accounts will likely have tax implications. Similarly, selling off assets like real estate to divide wealth could result in significant capital gains tax bills. Understanding and planning for these potential issues is vital to protecting your interests in a high-value divorce.
Spousal support, also known as alimony, is another essential consideration in high-net-worth divorces. The purpose of alimony is to financially support the spouse who is economically disadvantaged due to the divorce.
In a high-asset divorce, there is the potential for significant income disparities between spouses, which makes alimony a significant issue. The court will consider the capacity of each spouse to generate income and their need for support to maintain a lifestyle similar to that enjoyed during the marriage.
When one or both spouses enter a marriage with significant assets or expect a disparity down the road, they might sign a prenuptial or postnuptial agreement that protects their interests should the marriage later end in divorce.
If an agreement exists, your attorney can review it thoroughly and determine whether it is enforceable. Some factors that can make a prenuptial agreement unenforceable include duress, fraud, or clauses that don’t apply to your situation.
Minnesota is a ”no-fault” divorce state, meaning a spouse can seek a divorce by claiming irreconcilable differences or that the marriage is irretrievably broken. A spouse does not need to prove the fault or the other to get a divorce.
Minnesota is also an “equitable distribution” state, meaning courts will divide assets in a way they deem fair and equitable, not necessarily a 50/50 split. However, proof of certain misconduct could lead the court to deviate from this practice and award one spouse a larger percentage of the assets. For instance, if one spouse transferred, concealed, disposed of, or encumbered assets without the other’s consent, a court may consider such activities in divvying up the property.
The mistake even some high-asset couples make is thinking they can save money and time by not working with a lawyer. While tempting, this approach will likely cost you even more resources and add to your frustration.
Working with an attorney familiar with the complexities and intricacies of a high-net-worth divorce ensures you have a professional on your side. Your lawyer will experience handling issues like property division, spousal support, and child custody and support efficiently and effectively.
Minnesota requires all divorcing parties to participate in an alternative dispute resolution process in contested divorces. Milavetz Injury Law’s attorneys are skilled family lawyers with deep experience handling divorce mediation for high-net-worth individuals. They will ensure you receive fair treatment without pressure to agree to unreasonable demands.
If you are considering ending your marriage in Minnesota and believe it will qualify as a high-asset divorce, contact a skilled and knowledgeable Minneapolis divorce lawyer who can provide the sound legal guidance you need.
The trusted lawyers at Milavetz Injury Law, P.A., are experienced in helping high-net-worth individuals with both contested and uncontested divorce proceedings in Minnesota. We understand this state’s laws and procedures and can answer your questions and guide your case to a positive conclusion.
Contact us to schedule a free, confidential consultation with our Minnesota high-net-worth divorce attorney today.
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]]>The post What is a Contested Divorce in Minnesota? appeared first on Milavetz Injury Law, P.A..
]]>In Minnesota, a contested divorce is when you and your spouse cannot agree on resolving issues like child custody, property division, and spousal support. When your divorce is contested, it’s best to seek legal advice to protect yourself and your children. The dedicated family law attorneys at Milavetz Injury Law, P.A., can help.
You might agree on all major issues when you and your spouse decide to end your marriage. If so, it is an uncontested divorce. However, when you do not agree on all the issues, the divorce is contested.
One potential issue of a contested divorce in Minnesota is splitting the financial assets fairly and equitably. Your agreement should account for both spouse’s individual circumstances. The following are some of the major assets spouses must consider:
Asset division might be complicated, and one role of a divorce attorney is to confirm that the other spouse has disclosed all of their assets. Whether an item is personal or marital property can be at issue during divorce negotiations.
The division of assets is separate from spousal support, also called alimony or maintenance. Spousal maintenance provides periodic payments from one spouse to the other in the following circumstances:
Spousal support is not always indefinite. The support might be terminated if the receiving spouse can reestablish their prior standard of living through employment, education, or another route.
The contested divorce process begins with a form called a Petition for Divorce. Minnesota courts recommend you speak with an attorney before taking this step to secure your legal rights and best support the interests of your children.
You will fill out the “with children” forms if you and your spouse have minor children, one of you is pregnant, or a child was born during the marriage from another relationship. You will use the “without children” forms if these circumstances don’t apply.
Once you file these documents with the court, you and your spouse might engage in a process with a neutral third party to see if you can reach an agreement. In Minnesota, these are called Early Neutral Evaluations, or ENEs. A financial ENE, or FENE, focuses on financial matters, while a social ENE, or SENE, focuses on child custody issues.
Several other mechanisms exist for you and your spouse to resolve your contested divorce outside of court. Mediation involves discussing major issues in front of a trained, neutral third party assisted by the lawyers on both sides.
The time it takes to resolve a contested divorce depends on many factors. The process length varies from county to county. Also, no two cases are alike, and they follow unique trajectories. Additionally, the more disagreements between you and your spouse on divorce terms, the longer everything will likely take.
Dissolution of marriage is never easy. If you are seeking a divorce or have received a petition for divorce from your spouse, contact our divorce lawyers at Milavetz Injury Law, P.A., online or call us at 763-560-0000.
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]]>The post Uncontested Divorce in Minnesota appeared first on Milavetz Injury Law, P.A..
]]>In Minnesota, an uncontested divorce occurs when both spouses agree on all major issues regarding the termination of a marriage, including, the division of assets, custody of children, and parenting time for each parent, and are ready to file their agreement with the court.
Although this can end the marriage in an expedited fashion, there are significant legal issues to consider to protect your interests. A Minneapolis divorce attorney at Milavetz Injury Law, P.A., can help you and your spouse prepare uncontested divorce paperwork in Minnesota and understand the issues at stake.
Divorce can be a stressful period in your life. The process often stretches out over months and years as you negotiate important issues such as child custody and division of assets. These disagreements make an already trying situation even more challenging.
When spouses can reach a mutual agreement, the process might be easier and less emotionally challenging. This arrangement is referred to as an uncontested divorce. In Minnesota, it involves the spouses filing a joint divorce petition together. Legal advice is still important in a divorce, even if you and your spouse agree. The family law attorneys at Milavetz Injury Law, P.A., can work with you to ensure you both understand the terms of an uncontested divorce in Minnesota and that it’s the best way to dissolve your union.
Sometimes, when a marriage ends, the spouses can resolve all issues independently, without a prolonged legal process. If you and your spouse are ready to dissolve the union and you have already agreed on the major issues between you, it might be possible to have an uncontested divorce, also called a no-contest divorce.
In Minnesota, you must complete detailed paperwork about your assets, finances, and parenting plans for minor children, even if your divorce is uncontested. Doing this by mutual agreement can save you time, money, and emotional stress, but there are numerous important considerations.
Even though an uncontested divorce does not involve mediation or a trial, you might still want to consult a lawyer individually or together to discuss the terms you have agreed to. A lawyer can help ensure everyone in a consensual divorce knows the agreement’s effects now and in the future.
A Minnesota family law attorney at Milavetz Injury Law, P.A., can help you understand the options for such important issues as child custody and parenting time. Minnesota law has specific rules regarding children in particular, so it is important to ensure you both understand your obligations even when your divorce is by mutual agreement.
You and your spouse must address several significant issues in an uncontested divorce. You can also choose to agree on other topics that are important to you and your union. Either independently or with the help of a lawyer, you can address:
You can also take this opportunity to make special arrangements between spouses. For example, if one spouse is a beneficiary of the other spouse’s insurance, they might agree that coverage continues even after the divorce.
So, how does an uncontested divorce work? Although it might be the most amicable way to dissolve a marriage, there are important factors to remember.
Even if you agree on all terms, you must follow Minnesota law regarding certain issues. Filing for an uncontested divorce is not as simple as signing a single form.
Among the information you must disclose as part of an uncontested divorce in Minnesota are:
All assets must be listed, whether owned jointly or separately. Even if the property came into your possession before the marriage, you must include it. In addition, all debts must be listed, even if the debt is only in one spouse’s name.
Income information is also required, even if both spouses have agreed to forgo child support. However, you might not have to give financial information if there are no children and neither party is requesting spousal support.
Once you and your spouse are content that you have resolved all issues, you can file paperwork through Minnesota courts. There are two options depending on your situation:
These forms ask numerous questions that eventually form part of a legal agreement. A Minnesota divorce lawyer from Milavetz Law can help you and your spouse understand the details in these forms and provide options for resolution if you disagree on any terms.
Once you file the Joint Divorce Petition with the court, a judge may require a final hearing. If you have minor children, a judge will hold a hearing to review your agreement to determine if it serves the children’s best interests. A judge may also order a hearing if both parties are not represented by an attorney. The purpose of a hearing is to make sure everyone understands the agreement and is satisfied with its terms.
If you and your spouse agree on all the major issues, the divorce process can be much quicker than a contested divorce. In Minnesota, the process usually takes three to eight weeks. A quicker resolution allows for several advantages:
A lawyer can help you to understand the options available to you, in particular when it comes to child custody and support. At Milavetz InjuryLaw, P.A., we can work with you to reach an agreement so the divorce process is as easy as possible during an especially stressful and challenging time.
Divorce is never easy, but the process can be quicker and easier if you and your spouse agree on major issues. However, even if you want to file for an uncontested divorce, getting legal advice about your rights and responsibilities is a good idea.
Contact the divorce lawyers at Milavetz Injury Law, P.A. online or call us at 763-560-0000 to see how we can help.
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]]>The post What Is the Average Settlement for a Rear-End Collision? appeared first on Milavetz Injury Law, P.A..
]]>A rear-end collision can cause severe injuries and medical conditions, including broken bones, traumatic brain injuries, and paralysis. If you or a loved one have been hurt in a rear-end collision in Minnesota, contact a car accident lawyer at Milavetz Injury Law, P.A. Our compassionate team can evaluate your case to determine whether you can file a personal injury lawsuit against the responsible parties. If you are eligible, we can help you get the compensation and justice you deserve.
The average settlement for a rear-end collision varies from case to case in Minnesota. Many factors can affect the settlement you receive, including the severity of your injuries, whether you can work, how much emotional pain you go through due to your accident, whether you used seatbelts, and whether you were responsible for the accident.
If you or a loved one have been hurt in a rear-end collision in Minnesota, talk to an attorney at Milavetz Injury Law, P.A. Our award-winning personal injury lawyers can determine your eligibility for filing a personal injury lawsuit against the parties responsible for your losses. If you are eligible and your lawsuit is successful, we can calculate the damages you deserve. Depending on the facts of your case, you may recover compensation for medical costs, lost wages, pain and suffering, and more.
Like other types of car crashes, rear-end collisions can have many causes. Common causes include:
Rear-end crashes in Minnesota can cause severe and fatal injuries. Rear-end crash victims often suffer:
These injuries must be diagnosed and treated immediately. Many conditions appear mild, only to worsen over time. For example, many traumatic brain injury symptoms do not appear for hours or days after the accident. Immediately call 911 after an rear-end collision to ensure prompt treatment.
Several parties may be responsible for a rear-end crash in Minnesota. These include:
Under Minnesota law, rear-end collision victims must prove another party’s negligence to file a personal injury lawsuit for rear-end collision damages. In other words, they must demonstrate the following:
A qualified Minnesota car accident lawyer can prove negligence by gathering and preserving relevant evidence, including dash cam footage, physical evidence such as bloody shirts and car parts, and expert witness testimonies from car accident reconstructionists.
Rear-end collision victims generally receive the following types of compensation:
In rare cases, courts may award punitive damages to punish the defendant. Punitive damages are only available if the injured party proves the defendant deliberately or recklessly disregarded others’ safety and rights. Revisions to the Minnesota statutes outline penalties related to bodily harm.
What is the average settlement for a rear-end collision? The answer depends on the facts of your case. Several factors affect rear-end collision settlements, including the following:
There is no precise formula for determining how much you can get for your case. Contact a Milavetz Injury Law so a personal injury attorney can evaluate your case.
Finding a knowledgeable, trusted Minnesota personal injury lawyer can be challenging, especially when dealing with severe injuries and trauma.
If you or a loved one have been hurt in a rear-end collision, call Milavetz Injury Law. Our lawyers have helped Minnesotans in Minneapolis and St. Paul since 1963 and obtained results in the millions, including $15,500,000 for a trucking accident.
We will determine whether you can file a personal injury lawsuit. If you are eligible, we will work diligently to secure maximum compensation and justice so you can focus on healing and restoring your life.
Contact us at 763-560-0000 for a free evaluation of your rear-end car accident case.
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]]>The post What Is the Average Settlement for a Dog Bite Lawsuit in Minnesota? appeared first on Milavetz Injury Law, P.A..
]]>The average payout for a dog bite claim in Minnesota in 2018 was $32,198. However, the amount will vary depending on the unique circumstances of each case. Dog bite law is a matter of strict liability in Minnesota, meaning you do not need to prove the dog’s owner was at fault. However, a Minneapolis dog bite lawyer can investigate what happened so you do not miss out on compensation. As one of Minnesota’s top personal injury law firms, Milavetz Injury Law, P.A., advocates for adults and children who have been injured in a dog attack.
Dog bites can cause serious injury and personal trauma. Minnesota law holds owners responsible if their dog bites anyone, whether an adult or a child. When a dog bites a child, they might need ongoing medical attention complicated by the fact that they are still growing, and they could also live with significant ongoing distress and a lifelong fear of dogs. Adults also might be badly hurt, especially if they have a medical condition or are physically frail.
In 2018, one-third of all money paid out by insurance companies in homeowners liability claims was from dog bites. Minnesota residents reported 370 dog bites to insurers that year. That figure does not include dog bite attacks that were not reported to insurance companies.
You do not have to handle the aftermath of a dog bite alone. Milavetz Injury Law, P.A., has deep roots in Minnesota. We have offices across the state and have helped people here since 1963. If you or a loved one experienced a dog bite attack, talk to us to discuss issues such as average dog bite settlement amounts and how we can help.
Under Section 347.22 of the Minnesota Statutes, an owner is liable if their dog attacks a “person who is acting peaceably in any place where the person may lawfully be.” The extent of the liability is for the full amount of the injury sustained. The law also says the owner is liable if the dog attacks “without provocation.”
Liability extends to anyone harboring or keeping a dog. That can include a veterinarian, groomer, or temporary caretaker of the animal. However, the statute also says the owner primarily holds liability. An owner does not escape liability just because their dog was being cared for at a boarding facility or by a neighbor.
Minnesota’s law imposes strict liability on dog owners, meaning they are liable regardless of fault or mental state. Even if an owner tried to keep their dog away from you or apologized profusely for the dog bite, they can still be held responsible financially and legally for the injuries their dog caused.
Therefore, an injured person only needs to prove the dog bit them to recover damages. However, to recover, the following must also be true:
Thus, a person might not recover damages if they trespassed or deliberately provoked the dog. In Minnesota, dog bite laws do not follow contributory or comparative negligence rules, in which liability and damages are split between parties if the victim holds some responsibility.
Minnesota also does not follow the so-called “one free bite” rule. In some states, an owner is not automatically liable for their dog’s bite if the owner had never known them to bite before. In Minnesota, you can still sue even if you were the dog’s first bite victim.
A dog bite settlement should include all expenses you have incurred because of the incident. It also can cover less tangible things such as pain and suffering. The damages a Minnesota dog bite lawyer might help you recover include:
Your own dog might also experience injury during a dog bite attack. If so, you might be able to recover veterinary bills directly related to the incident. For example, if you were walking your dog when another dog bit you, and in the confrontation, your own dog suffered an injury and needed veterinary care, this might be payable as part of a dog bite settlement.
Average dog bite settlement amounts are hard to calculate. Various factors contribute to the amount of money you might receive. In 2018, the average payout from an insurer for a dog bite claim in Minnesota was $32,198. However, an owner can still be liable even if they do not hold insurance coverage.
Your settlement depends on several factors:
In addition, the owner’s insurance policy might have limits. If a fair settlement is more than what insurance covers, the owner is responsible to pay the rest. If they do not have the means to do so, it might be hard for you to recover all of your losses even if they are part of the settlement.
According to the Insurance Information Institute, liability limits for homeowners or renters insurance typically range from $100,000 to $300,000. The average cost per dog bite claim across the U.S. in 2022 was $64,555 according to III.
Although dog bites are a matter of strict liability in Minnesota, getting compensation still relies on complicated legal principles. You still have to present a solid case to get a settlement. The owner of a dog who bites you might claim you provoked the dog or were in a place you shouldn’t have been. A lawyer can establish what happened during the incident and counter the owner’s defenses.
While healing from an injury suffered in a traumatic event, it can be challenging to stand up for yourself and articulate your needs. A personal injury attorney can help make your case for compensation. With their knowledge and experience, they can help you to fully assess your losses so you know what to ask for in your dog bite injury case. While they handle your legal case, you can focus on healing.
Milavetz Injury Law, P.A., has won large settlements for our clients. We stand up for people when they need it the most. We take cases on a contingency fee basis, which means you do not owe us any money unless we win your case.
Contact us today for a free case evaluation about your dog bite injury. Fill out our online contact form or call 763-560-0000.
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]]>The post What is the Average Settlement for a Head-on Collision in Minnesota? appeared first on Milavetz Injury Law, P.A..
]]>While there isn’t one set settlement value for head-on collisions, awarded damages can be anywhere in the thousands to over $1,000,000 in some instances, depending on the specifics of the accident.
If you or a loved one were the victim of a head-on collision, Minnesota law has provisions for holding the negligent driver accountable. A Minneapolis car accident lawyer at Milavetz Injury Law, P.A. can help assess the specific factors of your case and determine what legal options are available to you to ensure you get justice.
A head-on collision typically occurs when a driver veers out of their lane and crosses into opposing traffic. Common causes of head-on collision accidents include:
Frontal collisions cause more severe injuries and fatalities than any other type of car accident. In 2021, head-on collisions accounted for 59 percent of all passenger deaths in the United States.
The nature of a head-on collision contributes to its severity. When a vehicle collides directly with another car or a stationary object, it produces significant force. While the hood may absorb some of this force, the car will likely be severely damaged, and the impact will violently jolt the occupants. Victims typically suffer serious damage, such as broken bones or traumatic brain injuries.
Each head-on collision accident is different. Therefore, many aspects specific to your case will come into play when determining how much your head-on collision case is worth. Some of these factors are:
The amount you’ve paid to treat your injuries, purchase prescription drugs, and pay for rehabilitative nursing services will all be part of your proposed settlement. Therefore, the more severe your injuries are, the higher your settlement will be to cover all relevant bills.
A head-on collision accident can cause other types of damages besides bodily injuries. These additional losses include lost wages, property damages, and emotional distress. If you have compelling evidence to prove the damages you’ve suffered, you will likely maximize your settlement for the crash.
Minnesota is a no-fault state for car accident negligence cases. This means that an accident victim will seek compensation from their personal injury protection, or PIP, coverage first before pursuing a third-party lawsuit. However, the amount of PIP benefits you receive cannot exceed your car insurance limits. Likewise, the at-fault party will also have policy limits that may reduce the amount you can recover in a third-party action.
Other factors will come into play if you qualify to file a lawsuit against a negligent driver who caused a head-on collision. For instance, can you pursue compensation if you were partly at fault for the accident?
Minnesota’s comparative fault negligence laws allow victims to seek compensation even if they contributed to the crash, as long as they were not more than 50 percent at fault. However, your percentage of fault will be deducted from the total settlement amount. For example, if you were 20 percent at fault for the accident, and the settlement amount would be $100,000, you would receive $80,000.
In cases where you can file a lawsuit, the other driver’s insurance company may be unwilling to settle for an amount sufficient to cover your damages. While it’s not always straightforward, cases that succeed at trial will likely result in more compensation than the insurer’s first offer.
Finally, your choice of an attorney can make or break your head-on collision case. A skilled attorney with years of experience handling and winning car accident cases is more likely to earn a successful verdict than a general personal injury lawyer.
Because head-on collisions are likely to be more severe, the damages you can recover will also be high to compensate for your losses. Speaking with a car accident attorney before filing a claim can make all the difference in your settlement.
Since Minnesota is a no-fault state, your auto insurance company will be responsible for your injuries regardless of who caused the accident. However, you can only pursue basic economic benefits that might not cover intangible losses. The economic damages you can recover include:
If you have at least $4,000 in medical expenses or suffered a disability or permanent disfigurement that lasted at least 60 days, you can file a claim against the at-fault driver. In such cases, you can collect economic damages not covered by your PIP policy and other non-economic damages such as pain and suffering, emotional distress, and the inability to enjoy life’s activities.
If you’ve been involved in a head-on collision in Minnesota, the knowledgeable car accident attorneys at Milavetz Injury Law, P.A. can help you estimate your total damages. Front-impact crashes often cause more severe wrecks than other types of car accidents, increasing the chances of a high proposed settlement. Without sufficient compensation, you’ll have to pay for the damages out of your own pocket despite having an auto insurance policy.
Contact us at one of our law offices across Minnesota for a free case evaluation with a qualified lawyer to ensure you’re on the right path to compensation. Call Milavetz Injury Law, P.A. at 763-560-0000, chat live on our website, or fill out our online contact form to get started.
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]]>The post Is Minnesota a No-Fault State for Divorce? appeared first on Milavetz Injury Law, P.A..
]]>Divorce is fairly mainstream in the United States today. Gone are the days when spouses would remain married while enduring loveless marriages for fear of tarnishing their reputations. Today, many Americans marry, divorce, and later remarry the true love of their life.
In Minnesota, a no-fault divorce eases many traditional challenges of divorce by allowing divorce even when neither you nor your spouse has committed erroneous actions, such as abuse or adultery. By removing the necessity of proving fault, the law makes divorces potentially less contentious and stressful.
However, there are certain instances when proving fault can help your case. You may want to prove fault to help you receive a fair division of marital assets or to gain custody of your children. The Minnesota divorce lawyers at Milavetz Injury Law, P.A. can advise you of your legal options.
Minnesota is a no-fault divorce state. A no-fault divorce means you can request a divorce if you believe your marriage is irreparably broken and do not have to prove your spouse did something wrong. If the court agrees that the union is beyond repair, they will issue you a dissolution of marriage. A court-issued dissolution of marriage completely terminates your marital status.
Minnesota does not require a trial separation period before granting a divorce. Additionally, if you request a legal separation and your spouse does not contest your plea or request a dissolution, the court will grant the decree. Defenses that were previously available to contest the divorce have been abolished. These defenses included the following:
A no-fault divorce means you do not have to prove that the marriage’s failure was your spouse’s fault to terminate your marriage. A strong desire to end the relationship is sufficient grounds for dissolution.
Every state chooses how to frame its divorce laws, and Minnesota is no different. These laws offer a range of benefits and challenges for those considering divorce.
Some of the benefits associated with Minnesota’s no-fault divorce include:
No-fault divorce laws also bring unique challenges, such as:
There are specific instances when proving fault can play to your advantage, such as when the court divides marital property or determines child custody.
If you want custody of your children, proving fault can help. For example, if your spouse was abusive or engaged in activities that would lead the court to believe they were an unfit parent, providing proof of these tendencies could help you win custody of your children.
Under Minnesota law, the baseline for dividing marital assets is an even split. However, proof of certain activities could lead the court to deviate from this practice and award one spouse a larger percentage of the assets.
The court may distribute marital assets differently if your spouse engages in the following activities without your consent:
If the court finds that your spouse claimed additional marital assets using deceptive or unfair methods, it may award you a greater percentage of the remaining assets as an offset. However, as the accusing spouse, you bear the burden of proof. So you will need to provide the court with proof. Selling or using assets for the necessities of life or in the usual course of business is one exception the court accepts.
To qualify for a divorce in Minnesota, at least one spouse must currently live in Minnesota for at least 180 days. An exception to residency exists for armed forces personnel.
If you qualify for a Minnesota divorce, you must file the appropriate court forms with the district court in the county where you or your spouse live.
Examples of forms you may need to complete and file include:
Additionally, there are other forms you may need to file after your divorce, such as paperwork concerning the following:
Many people find the stress of divorce staggering, even before considering the legalities involved. An experienced Minneapolis divorce lawyer can guide you through your divorce, manage your legal documents, and prove any necessary fault.
If you are in the midst of a divorce or considering a divorce in Minnesota, reaching out to a knowledgeable, trusted divorce attorney can provide unparalleled guidance and legal advice.
The skilled lawyers at Millavetz Injury Law, P.A., can help you with your divorce and ensure you receive a fair division of marital property and parenting time or custody. During your free consultation, Millavetz Injury Law, P.A., can answer your questions about Minnesota divorce laws, spousal abandonment, and grounds for divorce in Minnesota.
Contact us to arrange your free, confidential consultation with our Minnesota divorce lawyer.
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]]>The post Who Is at Fault in a Sideswipe Car Accident? appeared first on Milavetz Injury Law, P.A..
]]>Understanding who is to blame for a sideswipe accident can be challenging. These side-impact accidents can lead to serious injuries that accumulate hundreds of thousands in damages. That makes it important to seek the counsel of a reputable Minnesota car accident lawyer.
The savvy legal team at Milavetz Injury Law, P.A., has the knowledge, skills, and experience to help you recover the maximum compensation for your damages. We will fight to help you determine the liable parties and hold them accountable for the full extent of their actions. We have the resources to conduct a thorough investigation and gather the necessary evidence to prove your claim.
Call us at 763-560-0000 to schedule your free case evaluation. The sooner we speak to you, the sooner we can start working on your behalf.
A sideswipe car accident occurs when the side of one car scrapes along the side of another vehicle or crashes into it. The vehicles may travel in any direction, and one vehicle could even be stationary.
Common situations in which sideswipe accidents occur:
Slick, snow-covered roads in winter can increase the potential for traffic accidents, including sideswipe car accidents. Between 2016 and 2020, winter road conditions contributed to 79,165 accidents, 19,218 injuries, and 181 deaths in Minnesota.
Determining who is at fault in a sideswipe accident can be difficult. Liability for such an accident is often not as clear-cut and easy to establish as a rear-end or head-on accident. Understanding your rights and Minnesota car accident law is important when you seek compensation after a sideswipe crash.
Minnesota is a no-fault car crash state. When you have an auto accident, you generally rely on your own insurance for compensation, regardless of which driver was at fault. In Minnesota, the following types of insurance are required:
Optional insurance policies include collision insurance and comprehensive insurance.
No-fault coverage is often misunderstood. While many drivers believe their insurance will cover all damages from an accident, this is untrue. No-fault coverage only covers expenses resulting from your injuries in an accident. No-fault coverage is intended to ease the burden of state courts by reducing the number of personal injury lawsuits filed while ensuring prompt medical treatment for car crash victims.
You may need to file a claim against the liable party when accidents result in serious injuries with substantial expenses. When legal claims are necessary, liability becomes a critical factor.
Multiple parties can be held responsible for sideswipe car accidents in Minnesota. If the case goes to trial, the court will determine the degree of fault each party shares. It will then allocate liability accordingly.
Shared liability is also known as comparative fault or comparative negligence. Minnesota operates under a modified comparative negligence system.
Minnesota has a modified comparative negligence law that allows you to recover damages from your legal claim even if you were partially at fault for the accident. However, you must not be more responsible than the defendant for the accident.
Minnesota uses a 51 percent bar rule. This prevents you from recovering any damages if you are more than 50 percent responsible for the accident.
Having an experienced lawyer who understands sideswipe accidents and Minnesota’s liability laws is critical. This is especially true if the court finds you share fault for the accident.
If the court determines you share fault for the accident, it will reduce your total compensation by the percentage of your fault, as long as you were not mostly responsible for the accident.
For example, if the court finds you are 12 percent at fault for an accident that caused you $100,000 in damages, it will reduce your award by 12 percent, leaving you with $88,000.
You must establish negligence to succeed in a sideswipe car accident lawsuit in Minnesota court. Negligence claims require proof of each of the following elements:
Example: Bob was driving five miles per hour over the speed limit when Ann ran a stop sign and sideswiped Bob’s car. The court found that Bob was 10 percent at fault for the accident due to his speeding. The court determined Bob’s total damages to be $10,000, but Ann only had to pay $9,000 because the court subtracted Bob’s 10 percent.
The distribution of fault between multiple parties can impact your compensation. In complex cases involving multiple liable parties, it is wise to consult a Minneapolis car accident lawyer who can analyze your claim and evaluate your damages.
Your attorney will guide you through the legal process to ensure the responsible parties are held accountable for their damages while protecting your rights. They can shoulder the stress of a legal claim so you can focus on your health and recovery.
If you or your loved one have been injured in a sideswipe car accident in Minnesota, getting assistance from Milavetz Injury Law is the right choice. Our firm has:
Contact us today to arrange your free consultation.
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]]>The post Comparative Negligence in Minnesota Car Accidents appeared first on Milavetz Injury Law, P.A..
]]>Sometimes, a person injured in a car accident may be partly at fault for the accident. In these cases, Minnesota laws on modified comparative negligence will reduce the compensation the plaintiff recovers based on their degree of responsibility in the accident. The car accident lawyers at Milavetz Law, P.A., are ready to help car accident victims in Minnesota recover compensation for any injury they suffered because of another person’s fault.
Proving a defendant’s action caused the accident is usually complex and challenging, especially in car accident cases. But the law is straightforward: You may recover compensation if you prove the defendant’s negligence caused the accident and your injuries. However, if your negligence contributed to the accident, things can get even more complex.
Minnesota has a modified comparative negligence rule that determines whether you can recover compensation for your injuries and what percentage of the damages you can recover.
Even if you think you were partly at fault in an accident that caused you harm, you may still recover damages. Our Minnesota car accident attorneys at Milavetz Law, P.A., have extensive experience in these cases. We can help you prove your case and earn you your rightful compensation.
Comparative negligence is a legal rule used to apportion fault and calculate damages in accident cases. It reduces the damages a plaintiff can recover in a personal injury claim based on their degree of fault.
Traditionally, the common law operated on the principle of contributory negligence, which bars plaintiffs from recovering any compensation if they were even slightly responsible for their injuries. However, almost all U.S. states have abandoned this approach and embraced a comparative negligence rule. Only Alabama, Maryland, North Carolina, Virginia, and Washington, D.C., still adhere to the strict contributory negligence rule.
The comparative negligence principle comes into play when the plaintiff’s negligence contributed to the incident. For example, Andrew drives over the speed limit at night and rear-ends Becky’s car. Becky sues Andrew, claiming damages. However, Andrew claims that Becky was partly to blame because Becky’s taillight wasn’t working.
If the court agrees that Becky shares part of the blame, this alters the case, meaning Becky may not receive full compensation as she hoped. Her recovery would likely be reduced in proportion to her share of the blame for having a faulty taillight.
If you’ve been in a car accident in Minneapolis, our Minneapolis car accident lawyers at Milavetz Law, P.A., can help you determine fault, strengthen your case, and prove your claim. Call or chat with us at 763-560-0000 and schedule a free consultation.
If the court decides the plaintiff was partly at fault for the injury, it will assign percentages of fault to the plaintiff and the defendant. Minnesota’s modified comparative negligence rule, stated in Minnesota Statute Section 604.01, allows a person to recover damages for an injury if their degree of fault is not greater than the defendant’s.
This modified comparative negligence law is commonly known as the 51 Percent Bar Rule. If the court assigns the plaintiff a percentage of fault of 51 percent or more, they cannot recover damages. If the plaintiff is 50 percent or less responsible for the accident, they can recover damages in proportion to their share of the fault. This means thee court will also reduce the damages the plaintiff can recover by their percentage of the fault.
For instance, in the rear-end accident involving Andrew and Becky, if Becky claims $100,000 in damages and the court determines she is 40 percent at fault, the court will reduce her compensation by 40 percent. Becky will recover $60,000 instead of $100,000.
It’s important to note that Minnesota’s modified comparative negligence rules differ from some other states’ comparative negligence principles. Some comparative negligence states allow the plaintiff to recover even if their percentage of fault is greater than that of the defendant. In a pure comparative law state, if your percentage of fault is 80 percent, you could still recover compensation for the defendant’s 20 percent fault.
In addition, some modified comparative negligence states do not allow the plaintiff to recover if they are 50 percent responsible for the accident. However, you can recover in Minnesota if you split fault with the defendant 50/50.
If you have any questions on how Minnesota’s modified comparative negligence works and how it could impact your car accident case, our Minnesota car accident lawyers at Milavetz Law, P.A., can help. Contact us online or at 763-560-0000.
To succeed in a car accident lawsuit, you must prove the defendant was negligent. Negligence is a failure to exercise the level of care a reasonable person would exercise under similar circumstances.
There are five elements you need to provide evidence for to prove negligence.
Duty of care refers to the relationship between the plaintiff and the defendant. It places responsibility on the defendant to behave in a certain way. Because a driver’s actions can endanger other road users, it’s a settled fact that drivers owe other drivers, passengers, and pedestrians a duty of care. This usually is easy to prove in a car accident lawsuit. However, you generally need more than just duty of care evidence in a strong case.
It’s insufficient to prove the defendant owed you a duty of care. You must also show they breached that duty by their action or inaction. Establishing a breach of duty requires you to show the defendant acted unreasonably. In a car accident lawsuit, it would be enough to prove that the defendant was speeding, driving under the influence, texting while driving, running a red light, or tailgating, among other examples.
You must prove the defendant’s actions were the actual cause of the accident and your injury. This is often referred to as the “but for” test, which asks: “But for the actions of the defendant, would the injury have happened?” In other words, you are saying your injury would not have occurred if the defendant had not acted the way they did.
Proximate cause considers whether the defendant could have anticipated your injuries would likely result from their action. The court won’t hold a defendant liable for an injury if it was not reasonably foreseeable.
Finally, you must demonstrate how you were harmed. It can be a physical injury to your body or your property. This is vital essential: Even if the court finds the defendant’s actions breached their duty of care, you may not be able to recover any damages if you didn’t suffer any injury.
If you’ve been injured in a car accident, Minnesota’s modified comparative negligence rule allows you to recover compensation for your injuries as long as your percentage of fault is not greater than the defendant’s. However, the court may reduce the compensation by the degree of your responsibility.
If you have any questions about comparative negligence in Minnesota and how it can impact your case, a car accident attorney can provide answers. Our experienced accident lawyers at Milavetz Law, P.A., are ready to answer any questions you have. We’ll explain how Minnesota’s modified comparative negligence rule will apply in your case and how to receive the maximum compensation.
Contact us today and schedule a free consultation. Discover how we can help you prove your case and fight for your right to receive compensation.
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]]>The post How Do Lawyers Calculate Pain and Suffering? appeared first on Milavetz Injury Law, P.A..
]]>In the aftermath of an accident, victims can pursue multiple types of compensation, including economic and non-economic damages. Most folks know they can recover economic settlements for medical expenses, lost wages, and other quantifiable damages. However, some victims may be eligible for non-economic damages, including compensation for pain and suffering.
But how are pain and suffering calculated?
Though complicated, several methods are used to determine the set amount for non-economic damages. An experienced personal injury lawyer at Milavetz can help you calculate your damages, fighting to ensure you receive every dollar of compensation you deserve.
Pain and suffering are a form of non-economic damages covering physical discomfort to emotional suffering. Non-economic damages compensate for the difficult-to-quantify impacts on an accident victim’s life.
Some common types of non-economic damages include:
For example, suppose an individual gets in a catastrophic car accident, resulting in the loss of their spouse, severe emotional anguish, and crippling grief. In this case, the individual may pursue compensation for their own pain and suffering, loss of consortium of a spouse, loss of companionship, and emotional anguish.
When evaluating your case and determining a fair settlement amount, your lawyer will examine how your physical and emotional losses impact you.
Calculating pain and suffering can be tricky due to the variability from case to case. Everyone recovers in their own time, and you may require unique medical care to achieve maximum recovery. While there isn’t a catch-all equation for this calculation, two common methods exist for estimating your pain and suffering damages:
Using the Multiplier method, our lawyers estimate the pain and suffering settlement by multiplying the economic damages by a number between one and five. The value of the multiplier depends on several factors including:
Here’s an example to help you understand how this works:
For instance, suppose you incurred $15,000 in expenses associated with your Minnesota car accident, including medical costs and loss of income. Your Minneapolis car accident lawyer may use a multiplier of three and request $45,000 in pain and suffering on your behalf.
“Per Diem” means “by the day,” so using this method, our attorneys assign a specific amount and multiply the daily value of your pain and suffering by the number of days you suffered until you complete your recovery or achieve the maximum recovery possible.
For instance, they might ask for $200 daily on your behalf in this scenario. If you recover fully and return to normal activity in 30 days, you might be eligible for $6,000 in pain and suffering damages.
Unlike medical expenses or loss of income, pain and suffering damages aren’t easily quantifiable and, thus, more difficult to calculate.
When calculating economic damages, your lawyer can consult the amounts on your bills, check stubs, and other associated items to determine the correct amount of compensation. However, with non-economic damages like pain and suffering settlements, there is more to the story.
The amount you can secure in a settlement hinges on several key factors. Here are a few questions that help determine how pain and suffering are calculated.
The severity of the injuries is the chief consideration when valuing pain and suffering damages. Generally, more severe injuries are eligible for more compensation.
The logistics make sense, as a victim who will need to use a wheelchair for the foreseeable future will likely require more financial assistance than someone recovering from a sprained ankle. Or, an individual recovering in the intensive care unit will require more around-the-clock care than someone dealing with a minor laceration, resulting in a higher pain and suffering settlement amount.
The likelihood of recovery is another key qualifying factor under this type of compensation. For example, an individual who has become paralyzed and wheelchair-bound due to an accident would likely receive more compensation than someone who will recover in a few weeks after rest.
Since wheelchair-bound individuals may never fully recover and enjoy life as they used to, their lawyers may argue that the pain and suffering they experience are ongoing and fight for higher settlement amounts.
The financial burden on the victim is another defining factor in these settlements. A case involving more severe injuries that require extensive, ongoing medical care and result in a long-term inability to work will secure a higher pain and suffering settlement amount.
Although economic damages will compensate for the financial impact, this factor can also contribute to the valuation of non-economic damages because the financial burden can exacerbate the victim’s mental anguish and stress during recovery.
Insurance policy limits also come into play, restricting the amount the victim can recover. For example, suppose you’re trying to recover compensation for pain and suffering after a devastating car accident. In this case, the amount you can recover will hinge on the at-fault driver’s insurance policy limits.
Most insurance companies won’t cover anything beyond the driver’s liability insurance policy amount. However, some drivers carry more than basic driver’s insurance, such as a secondary policy.
These policies, known as “umbrella policies,” can help cover the damages exceeding the main policy’s limits. It increases the amount of money available in a possible settlement and helps ensure the victim recovers the compensation they deserve.
These policies are more common among businesses and corporate companies, but others can also carry them. However, most insurance companies won’t tell you about extra coverage for excess damages to avoid paying them, so it’s important to have a skilled lawyer familiar with insurance policies on your side.
While pain and suffering aren’t easily quantifiable, your lawyer can use economic evidence to calculate a fair compensation amount. The evidence they may collect includes the following:
Your medical records and bills can showcase the severity and extent of your injury and the appropriate medical care necessary to assist you in recovery. Photographic evidence of injuries and damage can further solidify these claims, as can police reports on the incident.
In addition, medical opinions can play a key role in pinpointing a fair pain and suffering amount. Your lawyer may hire one or more medical professionals to serve as experts in your case to support your pain and suffering claims.
For example, if you experience a traumatic bone fracture, medical professionals may attest to the long-term nerve damage these injuries can cause, hindering your ability to work. Your lawyer can use these statements to draw connections in your case and further enhance your chances of securing a fair settlement.
An experienced car accident lawyer is critical to securing a fair pain and suffering settlement after an accident resulting from someone else’s negligence. They can help determine a reasonable amount to pursue based on factors specific to your case, ensuring you recover the compensation you deserve.
Insurance companies use every trick in the book to avoid paying out large settlements. At Milavetz Injury Law, P.A., we have the expertise necessary to combat these tactics. We’re well-versed in negotiating with insurers and securing the maximum compensation for our clients’ pain and suffering.
If you were injured due to another party’s negligence, don’t wait. Our team at Milavetz Injury Law, P.A., can help. Contact us for a free case evaluation to determine your pain and suffering compensation eligibility.
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