When a serious injury changes your life forever, you need attorneys who will fight
for every dollar of compensation you deserve, now and for the future.
Catastrophic injuries, traumatic brain injuries, spinal cord damage, amputations, severe burns and other life-altering harm, create consequences that extend far beyond the initial medical emergency. Victims often face years or even a lifetime of medical treatment, rehabilitation, lost earning capacity and diminished quality of life. The financial burden can be staggering and insurance companies know it.
At Birkholz Law, we understand that serious injury cases require a different level of attention, resources and expertise than routine personal injury claims. These cases demand thorough investigation, expert medical testimony, life care planning, and economic analysis to accurately calculate the full scope of damages. We handle serious injury cases on a co-counsel or joint representation basis with experienced personal injury trial attorneys when appropriate, combining our experience with Southern Minnesota courts with specialized trial expertise. We work with medical professionals, vocational experts, and economists to build comprehensive cases that account for every aspect of our clients’ losses.
Minnesota law allows seriously injured individuals to recover compensation for medical expenses (past and future), lost wages and earning capacity, pain and suffering, emotional distress, loss of enjoyment of life and other damages. In cases involving gross negligence or intentional misconduct, punitive damages may also be available under Minn. Stat. § 549.20.
Catastrophic injury cases differ from other personal injury claims in several important ways. The damages are typically much larger because they include long-term or lifetime medical care, permanent loss of earning capacity, and significant non-economic damages for pain, suffering and loss of quality of life.
These cases require expert testimony from medical professionals, life care planners, vocational rehabilitation specialists, and economists to accurately project future costs. Insurance companies and corporate defendants fight these cases aggressively because of the amounts at stake. Having experienced attorneys who understand how to build and present these complex cases is essential to achieving a fair result.
Traumatic brain injuries are among the most devastating injuries a person can suffer. Even a so-called ‘mild’ TBI or concussion can cause lasting cognitive, emotional and physical symptoms that affect every aspect of a person’s life. More severe TBIs can result in permanent cognitive impairment, personality changes, seizure disorders and the inability to live independently.
Minnesota sees thousands of TBIs each year from car accidents, falls, workplace incidents and assaults. Our attorneys work with neurologists, neuropsychologists and rehabilitation specialists to document the full extent of brain injuries and their impact on our clients’ lives.
Spinal cord injuries can result in partial or complete paralysis, depending on the location and severity of the damage. Paraplegia and quadriplegia create lifelong needs for medical care, assistive devices, home modifications and personal care assistance. The lifetime cost of a spinal cord injury can exceed several million dollars.
Our attorneys ensure that every future expense is accounted for in the claim, including medical treatment, rehabilitation, adaptive equipment, home and vehicle modifications and attendant care.
Accurately calculating damages in a catastrophic injury case requires a comprehensive analysis of both economic and non-economic losses. Economic damages include all past and future medical expenses, lost wages, loss of earning capacity, home modifications, adaptive equipment and personal care costs.
Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium and other intangible losses. We work with life care planners who create detailed projections of future medical and care needs, and with economists who calculate the present value of future losses.
A farmer near Mankato was operating a combine when a catastrophic malfunction occurred, leading to a severe arm injury and eventual amputation. Initially, the farmer and his family were overwhelmed, focusing solely on the immediate medical crisis. They assumed the equipment manufacturer had no liability because the machine was several years old. Friends and neighbors offered well-meaning but incorrect advice, suggesting that workers’ compensation was his only option and that a lawsuit would be a long, fruitless battle.
Unaware of his full rights, the farmer was close to accepting a minimal workers’ compensation payout that would not even cover his prosthetic and long-term care needs. He did not realize that a third-party liability claim could be filed against the manufacturer for a design flaw, a crucial detail that lay hidden in the complexities of product liability law. This lack of knowledge is common and is what insurance companies often rely on to settle claims for far less than their actual value.
An experienced personal injury attorney, however, would immediately launch an investigation into the equipment’s maintenance records, design specifications and any similar incidents involving that model of combine. The attorney would engage engineering experts to prove the defect, preserving the farmer’s right to seek full compensation for his pain, suffering, lost future earnings and lifelong medical expenses, a recovery far beyond what workers’ compensation would provide. This proactive and knowledgeable approach is the difference between a lifetime of financial struggle and a future of security and proper care.
The financial toll of a catastrophic injury extends far beyond initial hospital bills. For a victim with a traumatic brain injury or spinal cord damage, the reality is a lifetime of necessary medical care. This includes revision surgeries, ongoing physical and occupational therapy, specialized medical equipment like wheelchairs and home modifications and potentially round-the-clock attendant care. These expenses, which can easily run into the millions of dollars over a person’s lifetime, are careful ly calculated in a life care plan, a critical document in any serious injury claim.
The costs are not just financial. The physical pain and limitations are constant, robbing victims of their independence and ability to enjoy life’s simple pleasures. The emotional and psychological impact is equally devastating, with victims and their families often grappling with depression, anxiety and post-traumatic stress disorder. The strain on family relationships can be immense, as loved ones become caregivers and the family dynamic is forever altered.
A serious injury does not just happen to one person; it happens to an entire family, changing their lives in an instant. The spouse may have to leave their job to become a full-time caregiver, children may have to take on adult responsibilities and the entire family may have to cope with the emotional trauma of the event. These are the hidden costs of a catastrophic injury, and they are every bit as real and damaging as the medical bills.
“My health insurance will cover everything.” The reality is that even the best health insurance policies have limits, and they will not cover expenses like lost income, future earning capacity, or non-economic damages like pain and suffering. A personal injury claim is necessary to recover these crucial damages. Furthermore, your health insurer will likely seek reimbursement from any settlement or verdict you receive, a process called subrogation, which an attorney can negotiate to maximize your net recovery.
“I have plenty of time to file a claim.” Minnesota law, specifically Minn. Stat. § 541.05, imposes a strict six-year statute of limitations on most personal injury claims. However, the practical deadline is much shorter. Critical evidence can be lost, witnesses’ memories can fade and expert analysis needs to happen promptly. Delaying can severely weaken your case, making it essential to contact an attorney as soon as possible to preserve your rights and options.
“The person who caused the injury has no money, so I can’t recover anything.” Many serious injury cases involve defendants who have substantial insurance coverage, whether it’s a commercial liability policy, a homeowner’s policy or an auto insurance policy. An attorney’s investigation will focus on identifying all potential sources of recovery, which may not be immediately obvious. In cases of catastrophic injury, there are often multiple layers of insurance coverage that can be accessed.
“Filing a lawsuit means I will definitely have to go to court.” The vast majority of personal injury cases are settled out of court through negotiation, mediation or arbitration. A skilled attorney prepares every case as if it will go to trial, which ironically maximizes the chances of a favorable settlement. This thorough preparation shows the insurance company that you are serious and have a strong case, making them more likely to offer a fair settlement to avoid the risk and expense of a trial.
After suffering a serious injury in Minnesota, you have specific, legally protected rights that are crucial to understand. Your primary right is to seek compensation from the party or parties whose negligence or wrongful actions caused your harm. This right is established in Minnesota’s personal injury laws and allows you to pursue damages for medical expenses, lost wages, future earning capacity, pain, suffering and emotional distress.
The statute of limitations, as defined in Minn. Stat. § 541.05, generally gives you six years to file a lawsuit, but this can vary, so it is vital to act quickly. You also have the right to be protected from insurance companies that may try to pressure you into a quick, lowball settlement. You are not obligated to provide a recorded statement to the at-fault party’s insurer and you have the right to have an attorney handle all communications on your behalf. This ensures your words are not twisted or used against you later.
Furthermore, under Minnesota law, you have the right to choose your own medical providers and are not required to see doctors chosen by the insurance company. This allows you to receive care from trusted professionals who have your best interests at heart, not the insurer’s bottom line. Finally, you have the right to a fair and just recovery. This means that if your case goes to trial, you have the right to have a jury of your peers decide the full extent of your damages, ensuring that the compensation you receive truly reflects the immense impact the injury has had on your life.
Our approach to representing clients with catastrophic injuries is careful, aggressive and. We begin by conducting an exhaustive investigation, often collaborating with a team of experts including accident reconstructionists, engineers and medical specialists. This allows us to establish clear and convincing evidence of liability and to fully understand the long-term medical and financial needs of our client.
We leave no stone unturned in identifying all potential defendants and sources of insurance coverage, which is critical in high-value cases. A cornerstone of our strategy is the creation of a comprehensive life care plan. This detailed document, prepared by a certified expert, outlines every anticipated medical and non-medical need for the remainder of the client’s life, along with the associated costs. This becomes a powerful tool in negotiations and at trial, demonstrating the true, staggering cost of the injury.
We also retain vocational and economic experts to project the full extent of lost earning capacity, ensuring that our clients are compensated not just for the job they had, but for the career they could have had. By building a case supported by undeniable expert testimony and a thorough presentation of the evidence, we position our clients for maximum recovery, whether through a negotiated settlement or a verdict at trial. Our reputation for being trial-ready often convinces insurance companies to settle for a fair amount rather than face us in court.
A catastrophic injury is a severe injury to the spine, spinal cord or brain; it also includes skull or spinal fractures. These injuries are life-altering, often causing permanent disability, disfigurement or long-term medical complications that prevent an individual from returning to their previous way of life and employment.
Compensation, or damages, is calculated by combining economic and non-economic losses. Economic damages include all past and future medical bills, lost wages, and the loss of future earning capacity. Non-economic damages, which are often the largest component of a recovery, compensate for pain, disability, disfigurement, embarrassment and emotional distress. In Minnesota, there are no caps on these non-economic damages.
A life care plan is a comprehensive document prepared by a medical expert that outlines all of the anticipated medical and personal care needs of a catastrophically injured person for the rest of their life. It is a critical piece of evidence that translates the injury into a specific monetary figure, ensuring that the victim will have the resources for a lifetime of quality care.
Yes. Minnesota follows a modified comparative fault rule, found in Minn. Stat. § 604.01. This means you can recover damages as long as your percentage of fault is not greater than the fault of the other party. Your recovery will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, you can still recover 80% of your damages.
Experts are essential. We work with a network of top-tier professionals, including accident reconstructionists to prove how the incident happened, engineers to identify product defects, medical specialists to explain the extent of the injuries and economists and vocational experts to calculate the full financial impact. Their testimony is crucial for building a compelling and successful case.
The value of your case depends on many factors, including the severity of your injuries, the amount of your medical bills and lost wages, the permanency of your condition and the strength of the evidence. An experienced attorney can evaluate these factors to give you an estimate of your case’s potential value after a thorough investigation.
We handle all serious injury cases on a contingency fee basis. This means you pay no upfront fees and we only get paid if we successfully recover compensation for you. Our fee is a percentage of the total recovery, which allows everyone, regardless of their financial situation, to have access to expert legal representation.
Contact Birkholz Law today to discuss yourcase. We will review your
case and help you understand the full scope of compensation
available to you.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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