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Ely
Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 100033
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In minnesota does a parent need financial documentation to

Customer Question

In minnesota does a parent need financial documentation to prove loss of service when their child is injured in a mva and cannot perform duties at home due to their injuries?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) f you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
What do you mean by "loss of service?" What is this for - a lawsuit?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
I am in the process of settling my son's personal injury claim. Prior to the auto accident he worked with my husband to cut, split, haul and stack wood for our home. My son was unable to do that following the accident due to his injuries.
Expert:  Ely replied 1 year ago.
Thank you.
Generally, the party WILL need some proof, yes.
Not because it is mandatory, but because they want to know if the amount would be received in court should this go to court. What they are offering should at least cover:
1) all medical bills;
2) all bills for vehicle repair;
3) missed work; and
4) pain and suffering.
Not that they have to, but because they know he may get at least get that in Court. The last one (pain and suffering) is the wild card, and there is where they will try to avoid paying much.
So any proof of any amount claimed for 1-3 above and related (such as loss of service) is arguably helpful, as it helps them know that otherwise, this may be gotten in trial, anyhow.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.
The claims ajuster stated i need to show tax records that my son was my employee. He is my child, not an employee, but he was always paid in cash for his hours of work.
Customer: replied 1 year ago.
My own insurance paid for my sons car that was totaled in the accident, does the at faults insurance also have to pay for the damages?
Expert:  Ely replied 1 year ago.
Of course they did. It is not "mandatory," but they will want to get paperwork for any purported claim amount.
The adjuster's job is to make you miserable. They will ignore you, confuse you, and ask for redundant and seemingly needless paperwork in an effort to talk you into a small settlement or have you give up all-together. And remember, statute of limitations usually only gives you a limited time to file suit, which is 2 years per Minn. Stat. § 541.07(1) for personal injury. They know this; they hope you do not. If you miss the 2 years mark, you can no longer file against their driver, which means they do not even have to work with you.
This is why it is recommended to use counsel. An attorney usually cuts through this malarkey since the adjuster knows counsel does not put up with this and WILL file suit if needed (whereas here, they do not see you as much of a threat without an attorney since you filing or winning a suit without counsel is unlikely). Then a settlement is usually reached. The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable. Even with the contingency fee, the net amount is still likely to be bigger.
And no, the insurance of the driver is not at fault personally. Please understand how this works. Once someone hits you and they have insurance, the insurance is liable for the judgment that you'd get against the driver if you sue them (in limited amount, but usually pretty high). Ergo, to avoid paying out huge sums from a judgment where their driver is likely responsible, the insurance company likes to settle the claim to avoid litigation. Once an agreement is reached, you sign a release and waive your rights to sue in exchange for the payout.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.