~by John T. Buchman/Personal Injury Attorney

Our unseasonably warm weather and early spring certainly has many motorcycle riders out early this year.  All motorcyclists should carefully consider their insurance and review their coverage.  It’s easy to think that the coverage someone has on their car will be similar to the coverage they have purchased for their motorcycle.  However, this is not true in many respects.

Under the Minnesota “No-Fault” Law, motorcycles are not defined as “motor vehicles.”  Thus, motorcyclists have significantly fewer rights under the No-Fault Act than those who drive cars, trucks, SUVs, etc.  Motorcyclists have to pay extra for optional benefits that are required in every automobile policy.  For example, motorcyclists have to pay extra for medical expense, wage loss and other similar benefits.

A recent Court of Appeals decision has shown another area where some insurance companies have included provisions in their policy that provide less coverage for the dollar than policies provided by other insurance companies.  In Farmers Insurance Exchange vs. Eschen; Mike Brown paid for $100,000 in underinsured or UIM coverage for his motorcycle.  He was tragically killed when he was hit by a car driven by Gary Arens.  Mr. Arens had only $50,000 in coverage.  If Mr. Brown had been driving or riding in a car, his family would have received $100,000 in UIM coverage that he had paid for.  However, Farmers included a “reducing” or “limits less limits” clause that lowered how much money it had to pay by the amount of coverage purchased by the at-fault driver (Arens).  As a result, the family only got $50,000 out of the $100,000 coverage Mr. Brown had purchased.

Such a clause can not be included in any car policy issued in Minnesota.  However, since a motorcycle is not considered a “motor vehicle,” insurance companies are somewhat free to restrict the amount of coverage they offer to their insureds.  Often these limitations are not readily apparent to most people, particularly those who assume that their motorcycle policy will be similar to the coverage they have on their car.

Anyone looking to insure a motorcycle should ask their agent about such clauses and how specifically the coverages are different from what they might have on their car.  In the above case, Mr. Brown’s UIM insurance would have been worthless had the other driver carried $100,000 in coverage.  There would also be no reason at all to purchase only $30,000 of underinsured or UIM coverage since it would never be available.  A Minnesota auto policy must have at least $30,000 in liability coverage or is considered uninsured, which is a different but similar coverage.

We here at Barna, Guzy & Steffen, Ltd. are always willing to answer any questions or help those injured in crashes involving cars, motorcycles, bicycles and/or pedestrians.  We are conveniently located in Anoka County and have been handling personal injury matters for over 70 years.

Over the last few months I have written a number of entries on the importance of “buckling up.”  The March 27, 2012, Minneapolis Star Tribune, had yet another article on just that.  The headline reads in bold letters STRONGER SEAT BELT LAW EQUALS FEWER DEAD.

I encourage you to read the full article.  It’s relatively short, but very informative. Here is a link to that article – Star Tribune State Local Buckle Up

The study was done to see if the “primary seat belt laws” actually were effective.  The study done by the University of Minnesota supports that it is. Since the passage of the law in 2009 there have been 68 fewer deaths involving vehicle occupants, 320 fewer injuries, and 432 fewer moderate injuries. “The stronger seat belt law is keeping a lot of Minnesotans out of hospitals and morgues” to quote Lee Munnich the director of the Center for Excellence in Rural Safety.

The study also found that since the primary seat belt law took effect that “observed seat belt use” has increased from 87 to 93 percent.

We’ve been showing you how seat belt use saves lives, reduces injuries and ultimately saves us all money in medical bills, higher insurance costs and the like.  We again take this opportunity to remind you to BUCKLE UP!  Tell your children and everyone else you know to BUCKLE UP!

~Jon P. Erickson/Attorney at Law

I again read an article this past week on motor vehicle accidents (MVA) where seat belts were not worn.  It was entitled “Deaths of  Non-belted Motorists Spike in Minnesota.”   The article leads off by stating that “an overwhelming majority of traffic deaths on Minnesota roads in the past six weeks have involved vehicle occupants who were not wearing their seat belts.”

The information from the State Department of Public Safety’s Office of Traffic Safety reported that in December of 2011, there were 23 vehicle occupants killed in MVA’s and only five were known to be buckled up.  In the first three weeks of 2012 eight of Minnesota’s first 10 traffic fatalities were not buckled up.   These facts are staggering.  It tells me that a significant number of those 33 deaths could have been avoided if the occupants had buckled up!

These facts again cry out for a more energized public safety campaign to get all motor vehicle occupants to be properly buckled up.  I am committed to spreading the word.  This blog is but a small attempt to do just that.

BUCKLE UP….SAVE LIVES!

~Jon P. Erickson/Attorney at Law

It seems most everyone has heard about the McDonald’s “Hot Coffee” verdict, however, it may well be one of those “facts” we remember without really knowing how we every learned them.  Furthermore, most people repeat those “facts” without ever learning whether or not they were true.

Most people assume that the Plaintiff carelessly spilled hot coffee on her self and ended up with millions of dollars.  Many people then argue that this exemplifies the “fact” that there are too many lawsuits and juries give out ridiculous verdicts to the undeserving.

However, the facts are decidedly to the contrary.  The Plaintiff, Stella Liebeck, was 79 years old when she bought a cup of coffee at McDonalds and got into her son’s car.  The car did not have a console area to set her cup while she was riding as a passenger.  She placed the cup between her knees while she was pulling off the lid and the cup spilled.

Unlike most of the coffee that people make at home or buy from most any other restaurant, McDonald’s coffee was 180°.  Most other coffee is heated to between 135-140°, a temperature that will not produce third-degree burns.  However, McDonald’s, based on a consultant’s advice, brewed their coffee to 180-190°.  I’ve heard different versions as to why McDonald’s did so.  Some say it was to discourage people from getting refills of coffee and others said that McDonald’s wanted the purchaser’s coffee to still be hot after they returned home or to their office.  Regardless of what is true, the fact remains that McDonald’s made a conscious decision to brew its coffee to a temperature that would cause third-degree burns when few others, if anyone else, did.

McDonald’s knew that its coffee could cause third-degree burns and it received numerous complaints about such burns.  McDonald’s employees admitted that brewing its coffee to 180° made it too hot to drink.

The Plaintiff, Mrs. Liebeck, sustained third-degree burns to her inner thighs, genitals, groin and buttocks.  She was hospitalized for eight days and underwent skin grafting operations.  Her weight dropped from 103 pounds to 83 pounds.  McDonald’s refused an opportunity to settle her claim for $90,000 initially and rejected a mediator’s suggestion they pay $225,000.

The jury awarded Ms. Liebeck $200,000 for her own injuries and awarded $2.7 million in punitive damages.  Ms. Liebeck’s $200,000 compensatory damages award was reduced by the 20% fault the jury placed on her.  The trial court reduced the $2.7 million punitive damages to $480,000.

Thus, Ms. Liebeck’s final verdict was significantly less than $1 million.

Also, if you look at the facts here in Minnesota, there is no evidence of “sue happy” injured victims and “run-away” jury verdicts.  From 2001 through 2010, data supplied by the Minnesota Supreme Court indicates that personal injury cases fell 24%.  I also review verdict data published by the Twin Cities Jury Verdict Reporter, which analyzes every personal injury verdict in Hennepin and Ramsey Counties.  I am also frequently met with the argument from the insurance industry that the reason they offering less for neck and back injuries than they did 10 years ago is that juries are awarding less for such injuries.  As a result, the insurance industry can not have it both ways and claim that the number of lawsuits is increasing and juries are giving away too much money for such injuries when the facts and their own arguments are the opposite.  The State Supreme Court also indicates the only category of lawsuits that has increased is those involving contract disputes, which generally are business suing other business or individuals.

We should certainly openly discuss and debate the merits of our civil justice system; however, it should be based on facts and not a “boogeyman” created by special interest groups.  If you have any questions, please feel free to contact me at 763-783-5121 or via e-mail at jbuchman@bgs.com.

~John T. Buchman/Personal Injury Attorney

Back and neck pain are common afflictions which, by report, cost the United States millions of dollars in lost work time and medical costs each year.  Those who suffer from chronic back and neck pain often must limit or give up activities they enjoy.  While frequently due to car crashes, such pain can also be caused by many other factors.  Medical science is still trying to identify and treat the cause of such pain.

The American Medical Association itself is recognizing the long-term implications of ongoing chronic pain.  An entire chapter is devoted to this in the AMA Guides to the Evaluation of Permanent Impairment.  In car crash cases, the insurance industry routinely hires doctors that ignore this growing body of medical science and, without any real factual or scientific support, claim all injuries heal within 6-12 weeks.

There is a growing subspecialty in medicine of pain management utilizing therapy and various procedures short of surgery to deal with ongoing pain.  These often involve injections that serve both a diagnostic and therapeutic purpose.  Many people, who are frustrated with attending physical therapy or chiropractic appointments, experience ongoing pain despite performing exercises and using over-the counter or prescription medications.  These people often become frustrated with the inability of their doctors to determine a definitive cause and solution for their pain.

One potential treatment that is gaining more acceptance is called “radio frequency neurotomy” or “rhizotomy.”  I just underwent such a procedure for my low back pain and have enjoyed 75-80% improvement in my symptoms.  The procedure took about 30 minutes and I was able to return to work and my activities the following day.  I received a mild anesthetic and was awake during the procedure.  The pain was certainly tolerable, not being any more than a paper or shaving cut.  It was certainly less painful than what my kids went through to obtain their tattoos.

The physiology underlying the procedure is found in the facet joints which are formed by the bones or vertebrae in the spine.  If this is injured, a pain signal is sent through at a very specific nerve to the brain.  If a doctor suspects that a facet joint has been damaged or injured, he or she orders median branch blocks.  This consists of injecting a pain killer into the suspected sites to see if the pain is reduced for the expected period of time.  If the patient receives appropriate relief following these blocks, she then proceeds to the radio frequency neurotomy.

During the procedure the patient is first given a sedative.  She is awake during the procedure during which the doctor uses fluoroscopy (x-ray image displayed in real time on a monitor) to guide the needles to an appropriate location.  The doctor then stimulates the nerve to make sure that the proper nerve has been identified.  The doctor then places two probes alongside the nerve at a proper angle and distance between them.  Electrical current is then introduced to heat up and burn away the covering or sheath that surrounds the nerve.

If the procedure is properly done and the underlying diagnosis of a facet joint injury is correct, the procedure can provide 80-100% relief for 8-12 months.  The procedure can then be repeated after the nerve sheath regrows.

This procedure is not for everyone.  It will not be effective if the pain is coming from a source other than the facet joint, such as a disc or ligament injury.  However, having undergone some of them myself, most recently at CDI (Center for Diagnostic Imaging), I have noticed an improvement in my pain and will definitely undergo them again.  The pain was certainly tolerable and well worth it for me.  You can contact me at 763-783-5121 or via e-mail at jbuchman@bgs.com if you have any questions.

~ John T. Buchman/Personal Injury Attorney

I recently read two different articles about the rate of traffic accident deaths where seat belts were not being used. One was about the motor vehicle accident (MVA) death rate in MN, and the other involved the statistics nationally.  Both articles stated that some 50% of the people who died in MVA’s were not wearing seat belts. We see this  in many of the MVA cases where we represent the deceased’s family or where there have been serious injuries.

That percentage to me is very disturbing!  It tells us that many of our MVA deaths are preventable simply by fastening a seat belt before driving and/or when getting into a car. There are very few cars if any that don’t have seat belts. I am taking this time to remind all of us how easy it would be to lower the death rate….FASTEN YOUR SEAT BELTS!!

The other disturbing part of these articles was how many of these deaths involved our young drivers, young men and women under the age of twenty five.  We have to take the time to try to get these young people to remember to fasten their seat belts when they get in their cars.

Here are some very easy things we all can do to prevent these deaths:

• Fasten your seat belts all the time.
• Make sure all your passengers fasten their seat belts when they get in your car.
• Always, always tell your children to fasten their seat belts.  If they are too young, do it for them!
• Remind your teenage drivers when you give them the keys to a car to fasten their seat belts. And to have any passengers do the same.
• Get a bumper sticker for all your cars that simply says; FASTEN YOUR SEATBELTS.
• Support all public safety efforts by law enforcement or otherwise to get out the message, FASTEN YOUR SEATBELTS.

I am confident there are other things we can do.  If you think of others, I would like to know what you are suggesting to add to my list.

Let’s all do better…..FASTEN YOUR SEATBELTS!

~Jon P. Erickson

I recently resolved a couple of cases for very nice clients that reaffirmed why it is I’ve been representing injured people for the past 27 years.  These included people injured in car crashes, from dangerous products, and injuries on construction sites primarily in Anoka County and the north metro but in other locations as well.  Handling personal injury matters is tougher today than it was 15-20 years ago.  Insurers are more stingy, confrontational and combative.  My clients are frequently frustrated that cases end up in litigation more often, take longer and cost more to obtain a fair outcome.  Yet, it’s the clients that I meet and their friends and family that provide satisfaction and make the effort worthwhile.

I’ve had the pleasure of knowing several people who have persevered after brain injuries, serious burns and amputations.  I’ve also met those that have suffered the more common neck and back injuries.  I’m struck by how many of them still smile and go to work, take care of their families and responsibilities and do the best they can.  More often than not when I first meet a client they tell me at the outset they are not in it for a huge settlement.  They are reluctant to hire an attorney.  They often decided to hire an attorney only after the insurance company stopped paying their medical expenses or wage loss benefits or offered unfair amounts for the damage to their car.

I still remember one client who suffered a seriously-burned hand and several broken bones which required 17 surgeries after her hand became pinned under a dangerous machine press.  The skin grafts were unsuccessful and the doctors surgically inserted her hand into her stomach to let the body naturally provide new skin.  She certainly had every reason in the world to have a poor outlook on life.  However, she usually told me she was doing “fine” and only when I pressed did she really let on as to how she was doing.  She actually felt relieved because I let her cry.

I’ve also represented clients for whom there was only a small amount in dispute that were overjoyed at recovering a few thousand dollars.  I am grateful for clients like these.  They make it easier to go to work and try cases, especially when we constantly hear that juries are awarding lower verdicts and it’s harder and harder to resolve their cases quickly and in a cost-effective manner.  Thank you to all those clients of mine who have formed the basis for these comments.

~John Buchman

These simple reminders could help you during the stressful moments directly following an accident.   This is great information to keep in your car’s glove box with your insurance cards.

In Case of an Accident

• Remain Calm and call the police
• Tell police officer if you, or anyone involved in the accident is injured
• Do not admit fault at the scene
• Sometimes, police cannot make it to an accident.  Try to obtain witness information and license plate numbers if you can

After the Collision:

• Contact your insurance company
• You are not required to make a statement to the other driver or their insurance representative
• Go to a doctor if you are having symptoms
• Write down details of the accident while they are fresh in your memory
• Seek legal advice if any questions arise; Insurance companies will be contacting you, it is important to know your rights
• Take photographs of the accident scene or cars involved if possible

Most people who came to us never thought they would need a lawyer.  They didn’t want to cause trouble or fight anyone.  They just wanted to be treated fairly.

Most people expected their insurance companies to look after them when the worst happened.  They wanted someone to listen and understand. They deserved help.

Most people just wanted their health back and their bills paid. They didn’t want to go to court; they just wanted the life they used to have.

Most people wanted someone to listen to them and believe what happened. They wanted respect and fair treatment.

So they called Barna, Guzy & Steffen.

Barna, Guzy and Steffen is a full service law firm that has proudly served people in the northern suburbs since 1938.

We are a firm big enough to have lawyers with many different types of experience, yet small enough to know your name.

We think every case is important because it is important to you.  We take a very personal approach to helping you.  You will meet with your attorney in person.  At many large firms attorneys only meet the biggest cases. At BSG, we take pride in our personal service and the attorneys and staff will work together to represent you.

If you are looking for a firm with a small town friendly feel, but the experience and expertise you find downtown, give us a call. There is no fee for our Personal Injury services unless you receive a settlement.

Minnesota Assistance Council for Veterans, MACV, held its annual metro assistance days, “StandDown”, on 8/2 and 8/3 at the newly renovated “Boy Scout Base Camp” which is a remodeled facility at Fort Snelling.  It’s an air conditioned large space with access to the Fort Snelling LRT station and bus lines.  The service providers included many veteran services people, public benefit representatives from metro governmental agencies, housing and shelter agencies, employment assistance, medical services, legal services and miscellaneous providers, even free hair cuts. All of the various organizations had booths/work spaces and representatives to assist the Vets.

I volunteered my legal services as a criminal defense attorney and a member of Mn Association of Criminal Defense Attorneys to help Vets solve miscellaneous legal problems.  There were prosecuting attorneys present from Ramsey and Hennepin Counties, and other criminal defense attorneys.  The screeners brought Vets, most of whom were disabled at some level, to the legal people who then worked to see if their criminal matters could get resolved.  It was in some sense an amnesty program for those Vets who took the time to come in and get help to work out their legal problem.

One of the Vets I worked with had two old traffic matters unresolved.  One involved a no insurance fine, and the other an unpaid speeding fine.  Arrangements were made to change the unpaid fines to community service which the Vet could do right at the StandDown.  My client immediately went to work helping keep the center clean to get his fines dropped.

Another client wanted to get a fishing license.  A 100% disabled vet is eligible to get a lifetime fishing license free of any charges by showing he was 100% disabled. We cleared up an old fishing license violation charge out of Greater Minnesota, and than made arrangements to show proof of his 100% disability to get the man his fishing  license.

This was my first time as a volunteer.  I was very impressed with all the volunteers, and the level of services provided for the Vets.  One of my clients was a veteran of Vietnam and another the Gulf Wars.  I would encourage anyone who can to look into assisting this very worthwhile project in the future.  It is my understanding that they do StanDown’s in other Mn cities such as St Could, Duluth and the like.

~Jon P. Erickson/Criminal Attorney