Slip and Fall Injuries

Slip and fall injuries often result in extremely serious injuries. We have successfully handled slip and fall surgical hip fractures, arm fractures, brain injuries and a multitude of other serious injuries resulting from simple falls. Due to rapidly changing conditions, it is extremely important to gather and preserve evidence as soon as possible following a slip and fall injury. We will attempt to obtain photographs of the dangerous condition, before it is altered. In commercial settings we will also attempt to obtain any video of the fall, before the surveillance tape is erased or destroyed. More than any other area, early investigation in slip and fall case is of critical importance. 

Call us today at 763-682-1082.

Were you injured as a result of slipping and falling at someone else’s property? It may have been an accident, but that doesn’t mean you aren’t owed compensation for your injuries.

Under Minnesota state law, a property owner has a duty to exercise a reasonable care to ensure that their property is safe for whomever uses it. In other words, if a property owner allowed an unreasonably dangerous tripping or slipping hazard to remain on their premises, they may have been negligent in doing so.

Slip and fall injuries are rarely only accompanied by medical expenses. Your injury may have caused you to miss work and lose wages. It may have impacted your ability to earn in the future. It may also have caused you permanent disability, as well as significant pain and suffering.
In the wake of a slip and fall injury, you can trust Kiernan Personal Injury Attorneys to give you your best chance at becoming whole again. Our team will investigate the scene of the accident to determine whether the property owner was liable, assist you to compile your medical records and other evidence that support your claim, present your claim to all relevant insurance providers, negotiate on your behalf, and take your claim to court if acceptable settlement is available.

Don’t sacrifice your chance of making a full recovery by “going it alone” in lengthy and complex legal proceedings. Contact Kiernan Personal Injury Attorneys today for your free in-person consultation – at our office, at your home, at the hospital, or wherever else you feel most comfortable meeting.

Free initial consultation, no fee, if no recovery.

Frequently Asked Questions: Slip and Falls

What should I do if I slip and fall on someone else’s property?

If you slip and fall on someone else’s property, prioritize your safety and seek medical attention for any injuries. Report the incident to the property owner or manager and document the scene by taking photographs. Collect contact information from any witnesses. Consult with a personal injury attorney experienced in slip and fall cases to determine liability and pursue compensation for your injuries.

How is liability determined in slip and fall cases?

Liability in slip and fall cases is often determined by establishing that the property owner or occupier was negligent in maintaining a safe environment. Factors such as inadequate warning signs, poor maintenance, or failure to address hazardous conditions contribute to liability. An experienced slip and fall attorney can help gather evidence and build a strong case to establish liability.

Can I still file a slip and fall claim if I was partially responsible for the accident?

In many jurisdictions, you may still file a slip and fall claim even if you were partially responsible for the accident. The legal concept of comparative negligence allows for compensation based on the degree of fault. Consult with a slip and fall attorney to understand how this principle applies to your case and what compensation you may be eligible to receive.

Note: The information provided in these FAQs is intended for general informational purposes and should not be considered legal advice. If you require legal advice or assistance specific to your situation, please consult with us today.

Dog Bite Injuries

What to know

• Dog bites are among the most common traumatic injuries caused to children.
• The dog owners’ ignorance of the dogs’ biting propensity makes no difference under Minnesota law.
• The dog owner is liable for injuries caused by the dog, even if there was no “attack”. 
• No actual “contact” between the dog and the injured person is required.
• As long as the injured person was not trespassing, or provoking the dog, liability is absolute. 

In Minnesota, many of the injuries caused by dogs subject the dog owner to strict liability, meaning, other than trespass and provocation of the dog, there are no defenses. The “dog bite” statute applies beyond dog attacks, even to inadvertent injuries. For example, we successfully litigated a case where a Plymouth woman delivering a package was startled by dogs jumping against a patio door.  Our client was startled and fell off a deck step and fractured her hip (though there was no contact between her and the dogs).  We brought her case to trial and prevailed after the insurer refused to negotiate. 

In a different case we represented a Buffalo resident riding bike on a public bike path when a dog ran out to intercept the bike, causing the rider to brake hard and fly over the handlebars. No contact occurred, and after the fall, the dog simply returned to its home. We were able to make a six-figure recovery for the injured person, though there was no evidence to suggest the dog intended to attack.

We definitely can help with any legal issues resulting from dog bites. We have handled numerous simple to complex dog attack cases. 

People often assume that unless the dog owner knows of the dog’s biting propensity, the owner is not liable for a dog bite injury. This is false. There is no “one free bite” law in Minnesota. As long as the person injured was lawfully present on the property (including mail carriers and delivery persons) and as long as the injured person was not provoking or antagonizing the dog, the owner has no defenses, whatsoever. 

Don’t Wait To File Your Claim

When filing a claim due to an animal attack, time is definitely of the essence. Acting quickly can help strengthen your case and make sure that you are compensated for any physical or emotional damages experienced as a result of the injury – regardless of whether this was their pet’s first injury-causing act. Ensure you understand how negligence laws in your area apply so you recover what the law allows. Call us today at 763-682-1082 for a Free initial consultation.

Free initial consultation, no fee, if no recovery.

Frequently Asked Questions: Dog Bites

What steps should I take after a dog bite?

After a dog bite, prioritize your health and seek medical attention immediately. Identify the dog owner and obtain their contact information. Document the incident by taking photographs of your injuries. Report the incident to the local animal control authorities. Consult with a personal injury attorney experienced in dog bite cases to understand your legal options and pursue compensation for your injuries.

Is the dog owner always liable for a dog bite?

In many cases, the dog owner is liable for a dog bite. However, liability may vary based on factors such as whether the dog had a history of aggressive behavior, if the owner was aware of the dog’s aggressive tendencies, and if the victim was trespassing. Consulting with a dog bite attorney can help determine liability and guide you through the legal process.

What kind of compensation can I seek for a dog bite?

Compensation for a dog bite may include medical expenses, rehabilitation costs, lost wages due to missed work, and pain and suffering. If the dog owner’s negligence or recklessness contributed to the incident, you may be eligible for additional damages. An experienced dog bite attorney can assess the details of your case and help you pursue the appropriate compensation.

Note: The information provided in these FAQs is intended for general informational purposes and should not be considered legal advice. If you require legal advice or assistance specific to your situation, please consult with us today.

Motorcycle Injuries

A motorcycle is far more than a mode of conveyance. It is a symbol of freedom, and arguably the most American vehicle to grace Minnesota’s roadways.

Unfortunately, the joy of riding a motorcycle does not come without increased risk. Although motorcycles are involved in fewer accidents than cars, motorcycle accidents are far more injurious – and significantly more likely to result in the motorcyclist’s death.

When a motorcyclist is involved in an accident, others may assume they are to solely blame for their own injuries because they chose to operate a less safe vehicle. But this is often not the case! Negligent motorists, defective mechanical parts, and several other factors often contribute to motorcycle accidents – which means other parties may be held liable for your or your loved one’s injuries.

If you have been involved in a motorcycle accident, securing your best chance at receiving a settlement which covers your medical expenses and other damages begins by engaging an experienced attorney. At Kiernan Personal Injury Attorneys, we soundly believe that motorcyclists are owed the same justice as any other injured motorist. Our seasoned trial attorney Tom Kiernan is standing by to discuss the unique circumstances surrounding your accident and take every reasonable step toward getting the compensation you are rightly owed.
Don’t be a victim. Contact Kiernan Personal Injury Attorneys today to schedule your in-person consultation!

Free initial consultation, no fee, if no recovery.

Call us to help you determine how to best pursue your claim against the at-fault driver. It is important to determine what motorcycle insurance benefits you have. Your auto insurance no-fault benefits likely do not apply. However, you may be eligible to obtain other benefits from the at-fault vehicle insurer or from uninsured or underinsured motorist benefits. The policy benefits on your bike will vary and we will need to read and review it carefully to obtain all available benefits. Let us help you with the insurance companies and at-fault driver, while you work at getting better.

Frequently Asked Questions: Motorcycle Accidents

What should I do after a motorcycle accident?

After a motorcycle accident, prioritize safety. Seek medical attention for injuries and call the police to report the incident. Exchange information with the other party and gather witness contacts. Document the scene and take photographs if possible. Consult with a personal injury attorney who specializes in motorcycle accidents to protect your rights and navigate the legal process.

Are motorcycle accidents more likely to result in severe injuries?

Unfortunately, motorcycle accidents are more likely to result in severe injuries due to the lack of protective barriers for riders. Injuries can include fractures, head trauma, and road rash. Because of the increased risk, it’s crucial for motorcycle riders to wear protective gear and for drivers to be vigilant. In case of an accident, consult with an experienced attorney to explore your legal options.

Can I still pursue a claim if I was partially at fault for the motorcycle accident?

In many jurisdictions, you may still pursue a claim even if you were partially at fault for a motorcycle accident. The legal concept of comparative negligence allows for compensation based on the degree of fault. Consulting with a motorcycle accident attorney can help you understand how this principle applies to your specific case and what compensation you may be eligible to receive.

Note: The information provided in these FAQs is intended for general informational purposes and should not be considered legal advice. If you require legal advice or assistance specific to your situation, please consult with us today.

Wrongful Death

First let us say how sorry we are for your loss. There are no words to fully express the despair for the loss of your loved one. However, you need representation in all death cases. In the case of a death, a single Trustee must be court appointed to represent the interest of all surviving family members. This is often accomplished in the first days following a death. Frequently the first family member to apply to the court is appointed. The Trustee will have authority to make important decisions on behalf of the entire family. Once a settlement agreement is reached, the Trustee must apply to the presiding court for approval of the settlement and the proposed distribution to the various family members.

Consequently, the selection of a Trustee is an important first step that you need to discuss with a trusted, experienced trial attorney. This should be done at your very earliest opportunity. Our attorney, Tom Kiernan, will meet with you as soon as you are ready to discuss your options. Our staff is trained to respond immediately to any wrongful death inquires. Once you select us to represent you, and the heirs, we will treat you in the kind and gentle manner required after such a loss. We will seek to bring you some peace and confidence in the process.

A death is wrongful when it is caused by a negligent, willful, or wrongful act, or neglect, which causes the death of a spouse or relative of the aggrieved surviving relatives. Wrongful deaths are commonly caused by automobile accidents, workplace accidents, fall injuries and defective products.

If your loved one suffered a wrongful death, in order to receive financial compensation for your loss, you must petition a District Court to have a representative of the surviving family act as the Trustee for all the surviving relatives. Only the Trustee may file civil action against the liable party. The appointment of a Trustee is the only way you can legally recover for damages resulting from the wrongful death, which may include funeral expenses, emotional distress, and loss of financial support your loved one would have provided.

If you have cause to file a wrongful death claim, you must act to retain counsel to assist in petitioning the District Court for the appointment of a Trustee. We have assisted surviving families through this difficult process countless times. Contact Kiernan Personal Injury Attorneys today. Our compassionate team is available to document the nature and extent of your losses and perform every step necessary to prove liability, document your losses including the loss of companionship of your lost loved one, and negotiate a fair settlement. Should negotiations fail we are fully capable of presenting the strongest possible case in trial. The goal, however, is to demonstrate the strength of your case so that we can compel the insurer to settle, without the necessity of trial

We understand that you are grieving. We will do everything in our power to shield you from the negotiating with powerful entities such as insurance companies. We seek to secure for you fair and fast compensation for your loss. Contact us today to schedule an in-person consultation wherever you are most comfortable meeting. We consider it our honor to be of assistance during your time of need.

Free initial consultation, no fee, if no recovery.

Frequently Asked Questions: Wrongful Death

What constitutes a wrongful death claim?

A wrongful death claim arises when someone dies due to the negligence, recklessness, or intentional actions of another party. This could include incidents such as car accidents, medical malpractice, or workplace accidents. Family members or beneficiaries of the deceased can pursue a wrongful death claim to seek compensation for their losses.

Who can file a wrongful death lawsuit?

Typically, the immediate family members, such as spouses, children, or parents, can file a wrongful death lawsuit. In some cases, individuals who were financially dependent on the deceased may also be eligible to file a claim. State laws vary, so consulting with an attorney is essential to understand your specific situation.

What damages can be recovered in a wrongful death case?

Damages in a wrongful death case may include funeral expenses, medical bills, lost financial support, and compensation for emotional pain and suffering. The exact damages depend on the circumstances of the case and the relationships of the parties involved. An experienced wrongful death attorney can assess your case and help you pursue the appropriate compensation.

Note: The information provided in these FAQs is intended for general informational purposes and should not be considered legal advice. If you require legal advice or assistance specific to your situation, please consult with us today.

Personal Injury

Have you been injured by another party’s negligence, recklessness, or intentional misconduct? Legal action cannot undo your suffering – but it can secure the compensation you are rightly owed!

Maybe you were injured by a defective product. Maybe you were the target of someone else’s violence. Or maybe you have fallen victim to medical malpractice. No matter the source of your injury, Kiernan Personal Injury Attorneys is at your service.

Our attorney Tom Kiernan has over three decades’ experience representing plaintiffs in personal injury claims. Once you have engaged his expert legal guidance, you will be able to focus on your recovery; freeing you from the added burden of gathering evidence, presenting it to multiple insurance providers, and negotiating a settlement. As a veteran trial attorney, Tom is prepared to defend your rights in court to recover money damages to “make you whole” again.

We won’t just fight until you are reimbursed for your medical expenses. Lost wages, lost future earning potential, and pain and suffering are just some of the additional damages for which you deserve compensation. Don’t waste your limited amount of time to file a claim. Don’t endanger your claim by speaking with insurance companies before you have engaged an attorney. When you choose Kiernan Personal Injury Attorneys, you will receive the advocacy and support you need to get your best legal outcome!

No matter how you were injured, call us and we will help you to determine if you have a personal injury case with merit. We can focus on your case, so you can focus on healing. Our experienced trial attorney, Tom Kiernan, will visit with you in the hospital, home or our office to explain the law and answer your questions. You may call with any questions, or we can work with your family while you are in the hospital. Know your rights, before the insurance adjusters start calling asking you questions or seeking to take your recorded statement. Call us first at 763-682-1082.

Free initial consultation, no fee, if no recovery.

Frequently Asked Questions: Personal Injury Law

What is considered a personal injury?

Personal injury refers to physical, emotional, or psychological harm caused by the negligence, intentional actions, or strict liability of another party. Common examples include car accidents, slip and falls, medical malpractice, and product defects. If you’ve suffered injuries due to someone else’s actions, consulting with a personal injury attorney can help you understand your rights and options for seeking compensation.

How long do I have to file a personal injury lawsuit?

The time limit to file a personal injury lawsuit, known as the statute of limitations, varies by state and the type of injury. It typically ranges from one to six years from the date of the incident. It’s crucial to consult with a personal injury attorney as soon as possible to ensure you meet the applicable deadlines and preserve your right to pursue compensation.

How much does it cost to hire a personal injury attorney?

Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you receive compensation for your injuries. The attorney’s fee is usually a percentage of the settlement or court award. This arrangement allows individuals with personal injury claims to access legal representation without upfront costs. It’s important to discuss fees and payment structures with your attorney during the initial consultation.

Note: The information provided in these FAQs is intended for general informational purposes and should not be considered legal advice. If you require legal advice or assistance specific to your situation, please consult with us today.