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The Schmidt Law Firm, SHAKOPEE PERSONAL INJURY ATTORNEY, is 5 star rated law firm that has successfully represented the victims of personal injury and wrongful death in Apple Valley and surrounding areas for over 30 years.

The firm’s top lawyers and experienced staff have provided quality service in motorcycle, auto, truck, car, death claims, and pedestrian injury with an outstanding track record.

The Schmidt Law Firm, SHAKOPEE ACCIDENT LAWYERS, serves Shakopee, Burnsville, Eagan, Mendota Heights, Farmington, Lakeville, Apple Valley, Savage and surrounding areas of the Minneapolis-St. Paul metropolitan area.

The Schmidt Law Firm, TOP SHAKOPEE ACCIDENT ATTORNEYS, has a track record of successfully handling the cases of the victims of personal injury and wrongful death in Apple Valley and surrounding areas for over 30 years.

The Schmidt Law Firm is experienced in auto, car, truck, and death claims and has 30 years experience in over 6,000 successful cases.

You Don’t Have to Go Downtown for a Great Lawyer.

The Schmidt Law Firm has a great lawyer for you-whether you are in Shakopee, Prior Lake, Jordan, Savage, Chaska, Burnsville, Eagan, Rosemount, Apple Valley, Farmington, Lakeville and throughout the metropolitan area of Minneapolis and St. Paul, Minnesota.

The Schmidt Law Firm, TOP BLAINE ACCIDENT ATTORNEYS, has a track record of successfully handling the cases of the victims of personal injury and wrongful death in Blaine and surrounding areas for over 30 years.

Schmidt Law Firm has successfully served in auto, truck, car, motorcycle, and death claims Schmidt Law Firm has top attorneys and an experienced staff providing personal service for each client

Schmidt Law Firm has served in over 6,000 successful cases earning a 5 star ranking from happy clients.

You Don’t Have to Go Downtown for a Great Lawyer.

The Schmidt Law Firm has a great lawyer for you-whether you are in Blaine, Savage, Prior Lake, Jordan, Chaska, Burnsville, Eagan, Rosemount, Lakeville, Apple Valley, Farmington, or anywhere in the metropolitan area of the Twin Cities of Minneapolis and St. Paul, Minnesota.

The Schmidt Law Firm BLAINE ACCIDENT AND INJURY LAWYERS has 30 years experience in over 6,000 successful cases.

Schmidt Law Firm has top attorneys and an experienced staff providing personal service for each client.

Schmidt Law Firm has a reputation throughout the Twin Cities and Minnesota for successfully serving the victims of wrongful death and personal injury.

The Schmidt Law Firm serves its clients throughout the State of Minnesota, including the 6 county metropolitan area including Hennepin, Ramsay, Washington, Anoka, Scott and Dakota counties.

Pain assessment is now mandated by two major health care organizations in the US, both the Joint Commission for the Accreditation of Health Care Organizations (JCAHO), which accredits virtually every hospital in the US and the VA Hospital Administration.

JCAHO has declared there to be a crisis in modern medicine in that pain is being under-appreciated, under-diagnosed and under-treated.  Consequently, JCAHO has mandated that pain must be evaluated in every single patient in every single JCAHO accredited hospital.  (That would include every hospital in the State of Minnesota!)  See JCAHO Standard PE1.4,2000 which is referenced in the Joint Publication at p. 21 stating that “Pain should be assessed in all patients.” See also JCAHO Standard RI 1.2.8 (2000) which states that “Patients have the right to appropriate assessment and management of pain.”

The VA Hospital has also adopted VA Directive 2003-021 which states the following:

-“VHA must implement ‘Pain as the 5^th Vital Sign’ in all clinical settings…”

-“Once pain symptoms are recognized, a timely and appropriate comprehensive pain assessment is performed and a pain treatment plan must developed.”

-A       pain management committee must be established at each VHA facility…

-Processes for measuring…qualityf of pain management must be implemented…

-Monitoring of the quality of pain assessment…must be implemented.

-Routine Screening for the presence and intensity of pain using 0 (no pain) to 10 (worst pain imaginable) numeric rating scale (5^th Vital Sign) must be documented…”

Schmidt Law Firm has over 40 years experience handling personal injury cases in the Twin Cities we believe when you’ve been injured you deserve the best lawyer.

Myth- If you write the insurance company a reasonable letter, the insurance company will give you a fair settlement proposal.

Fact- The insurance company will always low ball with a settlement proposal.

Myth- When you are not at fault in a motor vehicle collision and the insurance company of the at fault party contacts you for a recorded statement you have no choice but to give a recorded statement or else they will not settle with you.

Fact- Say no and hire a lawyer before speaking to the insurance company and you have no obligation to give a recorded statement.

Myth- All lawyers who advertise their services in handling accident cases have the same ability, tools, and experience to handle your case.

Fact- All lawyers are different they all went to different schools, handled different cases, and studied law differently.

Myth- The insurance company for the person who hit you is obligated to pay your medical bills as they are incurred.

Fact- The medical bills are only one article of your damage. They will not pay them so you will not receive medical treatment. Then they will tell the jury you didn’t seek medical treatment so you couldn’t be hurt that bad.

Myth- All lawyers charge the same amount for injury cases.

Fact- Most lawyers charge on a contingency basis. That means if they do not make a recovery there is no fee. Different cases demand different fees.

The purpose of this document is to provide you with information about your rights to collect No Fault benefits when you have been injured. For more information, contact your attorney. You should ALWAYS consult an attorney if you or a member of your family have been injured in a motor vehicle accident.
If you have been injured in a motor vehicle collision, you have rights under the Minnesota No Fault Insurance Law to collect benefits from your own insurance company under the No Fault coverage in your insurance policy. These benefits are called No Fault or PIP (Personal Injury Protection) benefits.

1. Do I have No-Fault insurance coverage?

A. Did your car have automobile insurance?
If so, the answer is “Yes”. No Fault coverage is mandatory under Minnesota law. Therefore, if you have auto insurance, you have No Fault coverage and are entitled to receive No Fault benefits.
B. Did the car in which you were riding have automobile insurance?
If you do not have insurance coverage of your own, and are injured while riding as a passenger with someone else, you can collect No Fault insurance benefits from the insurance coverage of the car in which you were riding when injured.
C. If you didn’t have automobile insurance and the car in which you were riding didn’t have insurance, you may still be able to get No Fault benefits.
If you didn’t have automobile insurance and the car in which you were riding did not have insurance, you may be entitled to apply for assigned risk coverage through the state of Minnesota insurance program. An attorney can help you to evaluate your rights in that regard.
D. If you were a pedestrian or on a bicycle, you can get No Fault benefits from the insurance policy on the car that hit you.
2. How much can I collect?

A. Basic Minimum Coverage:
Under Minnesota law, every policy of No Fault insurance is required to have at least the following:
-Medical Coverage- at least $20,000
-Non-medical Coverage- at least $20,000
B. Stacking Coverage:
Many insurance companies offer stacking coverage, which means that if you have more cars in the family, the coverage’s add together. In other words, if you have three cars, the total coverage would be $60,000..
C. Extra Coverage:
Many insurance companies offer more than the minimum of $20,000 in each category.
D. Assigned Risk Coverage: Under certain circumstances, a person who has no coverage either under an owned vehicle or the vehicle in which they were a passenger, my apply to the State of Minnesota for Assigned Risk coverage. This is a very complicated process and the assistance of an attorney is very helpful.
3. Medical coverage-what is included?

Medical coverage includes expenses of:

-ambulance,
-hospital,
-doctors (medical and chiropractic),
-physical therapy, massage therapy, acupuncture,
-prescriptions,
-reimbursement of mileage for travel in connection with your treatment.

4. Non-medical coverage — what is included?

The minimum non-medical coverage is for a total of $20,000.00 at the rate of $250 per week for wage losses and $200 per week for replacement services benefits. The injured person can collect both benefits in the same week for a total minimum of $450 per week.
Non-medical benefits include the following:

A. Wage/Earnings losses:

Wage or earnings losses are entitled to be compensated under the Minnesota No Fault Insurance Law. The amount of wage loss benefits is dependent on the type of coverage that is provided by your policy.

B. Replacement services:

The minimum replacement services benefits are in the amount of $200 per week. The Replacement services benefits are of two kinds:

i. Out of Pocket expenses due to injury/disability benefits:

Anyone injured in a motor vehicle collision is entitled to collect reimbursement of moneys paid “out of pocket” for services that the injured person would normally have performed. This can be for changing the oil in your car if you did that before you were hurt and now have to take your car to Jiffy-Lube. The possibilities are endless. An attorney can help you make that claim.

ii. Primary homemaker Replacement Services:

Minnesota Law has a very special provision regarding “Primary Homemaker Replacement Services”(PHRS). The law in this area is very complicated. Simply stated, if you were the person in your family unit that performed over 50% of the housework and you are now limited in doing that work, you may be able to collect PHRS benefits.
The victim of personal injury who was the primary homemaker before the accident who because of injuries is limited in doing those chores can collect the fair market value of the services that she or he no longer can do.
The Schmidt Law Firm has collected $20,000 of PHRS benefits in many cases where other lawyers simply would not have even thought of making a claim.

5. Is it necessary that you were occupying a motor vehicle when I was injured in order to collect No Fault Benefits?
No. Under the law, you can collect No Fault benefits when you are hit by a car while walking as a pedestrian or on a bicycle. You cannot collect No Fault benefits if you were injured on a motorcycle.
No Fault benefits under any of the following circumstances:

A. If you were injured while riding in or occupying a motor vehicle,

B. If you were injured while entering or alighting from a motor vehicle,

C. If you were injured while engaged in the repair or maintenance of a motor vehicle (under certain circumstances),

D. If you were injured as the result of being struck by, or nearly struck by, a motor vehicle.

6. How long can I continue to collect No Fault Benefits?
You are entitled to receive No Fault benefits for as long as you are medically required to incur these expenses or losses. Your rights to benefits may continue for the rest of your life or until the full amount of your coverage limits have been exhausted.
However, if there is a lapse in your disability, the coverage may be lost. For that reason, it is important that you continue to see your health care providers on a regular basis and according to their recommendations. You should see a doctor for your injuries at least once a year. If you skip treatments for more than a year, the insurance company may attempt to deny No Fault benefits for the rest of your life! Of course your claim must be supported by your health care providers in order for you to collect.
7. What if I was at fault? Can I still collect No Fault benefits?

Absolutely. That is exactly why it is called “No Fault”. You can collect even if you were at fault, or even if no one was at fault, such as a collision with a deer in the road or a single car accident due to icy road.

8. If I collect No Fault benefits, can I still make a claim against the other driver?

Yes. You can collect these valuable No Fault benefits from your own insurance company and still bring a claim against the at-fault driver and his insurance company for damages that you have sustained over and above those which you collect under your No Fault coverage. These damages include medical expenses and wage/salary losses not paid by No Fault. They also include damages for your pain and suffering, disability, and loss of enjoyment of life. The spouse of the injured person may also collect damages for the loss of the services of the injured person.
9. What should I do to get the insurance company to start paying No-Fault?
You should immediately contact your own insurance company and report the accident. You should ask your agent for No Fault Claim forms. Your attorney can help you to fill out those forms and to get payments started sooner.
10. What if the insurance company doesn’t pay, or stops paying?
If you have a valid claim and the insurance company doesn’t pay, or stops paying, you have the right to take your claim to arbitration to force the insurance company to pay if the claim is under $10,000. If the claim is over $10,000 you must file suit in court to collect the benefits to which you are entitled. An attorney can help you to bring an arbitration claim.
An attorney can help you decide:
What you should do if you or a member of your family has been injured in a motor vehicle accident. When you should make a claim for personal injury against the other driver’s insurance company and how the damages to your vehicle and attorney fees are paid.
You can collect No Fault benefits even if you have been totally at-fault in causing the collision in which you were injured!

11. Do I need an attorney to collect No Fault benefits?

Not necessarily. You can collect No Fault benefits without the help of an attorney.
However, the services of an attorney can help you to collect and to be satisfied that the benefits paid are correct. If you have an injury that is such that you may have a claim against the at-fault driver, the attorney handling that claim can assist you with your No Fault claim. An attorney can help you to determine whether your claim is one that permits you to bring a claim against the at-fault driver.. In the event of an accident you should immediately contact your own insurance company and report the accident. You should ask your agent for No Fault claim forms. Your attorney can help you to fill out those forms and to get payments started sooner.

Doug Schmidt of the Schmidt Law Firm keeps a copy of Foreman and Croft’s textbook entitled “Whiplash Injuries- The Cervical Acceleration/Deceleration Syndrome” as a constant reference.
He also keeps Trammell and Simons book entitled “Myofascial Pain and Dysfunction –The Trigger Point Manual”.
Foreman and Croft’s explanation as to how all sprain strain injuries developed into Myofascial Pain Disorders is especially noteworthy:

CAD (Cervical Acceleration/Deceleration),, by the mechanism of violent muscle fiber stretch, can precipitate MPD (Myofascial Pain Disorder). In the early stages, this condition is referred to as a “sprain”. As the condition develops, secondary effects are made manifest (such as muscular contractions and reductions in the range of motion, development of trigger points, weakness, etc.) the tendency, then, for many practitioners is to refer to the condition as a chronic strain, which actually is in Congress because strange heel in a few weeks.

Foreman and Croft go on to explain that after the “sprain-strain” injury heals, the patient is left with a completely different condition:

In a study of patients referred to a pain treatment center, it was found that for patients with a diagnosis such as chronic pain, psychogenic pain, and cervical strain, the five most commonly missed diagnoses were

-MPD (Myofascial Pain Disorder),

- facet disease,

- peripheral nerve entrapment,

- radiculopathy, and

- TOS (thoracic outlet syndrome).

Foreman and Croft note that the “Two major components of MPD, as it is known, ar the trigger point (TrP) and the reference zone, which is a zone of pain felt when palpating the TrP.”

Foreman and Croft identify the diagnostic criteria for MPD as follows:

Major criteria:

1. Localized spontaneous pain
2. Sp ontaneous pain or altered sensations in the expected referred pain area for a given trigger point;
3. Taut, palpable band in an accessible muscle;
4. Exquisite, localized tenderness in a precise point in that tender band;
5. Some degree of restricted range of motion when measurable.

Minor criteria:

1. Reproduction of pain or altered sensation (which is normally present at rest) on palpating the trigger point;
2. Local twitch response in that tender band or trigger point by snapping it with the fingers or by dry needling;
3. Pain relieved by muscle stretching or injection.

It is important to note that the American Medical Association has now completely endorsed and embraced the condition of Myofascial Pain Syndrome and it teaching its member medical doctors about the condition in its continuing medical education course materials.

Myofascitis, myofascial “trigger points” and myofascial pain syndrome have long been recognized by the chiropractic community-and the medical community as well.

It was first brought to the attention of the medical and chiropractic community in the famous textbook Myofascial Pain and Dysfunction-The Trigger Point Manual, by Dr. Janet Travell and Dr. David Simons, both medical doctors.

In 1989, the University of Minnesota sponsored the 1^st International Symposium on Myofascial Pain and Fibromyalgia.  Doctors Travell and Simons were keynote speakers.  Dr. James Fricton of the University of Minnesota and Dr. Essam A. Awad who co-authored another textbook entitled Myofascial Pain and Fibromyalgia in 1990 were also keynote speakers.  Other speakers included eminent doctors from all over the world-Germany, Denmark, France, Sweden, Italy, Australia, Russia, Austria and China.

The American Medical Association teaches about myofascial pain syndrome in its Continuing Medical Education courses.

Yet, remarkably, many medical doctors continue to refuse to recognize myofascitis and myofascial pain syndrome as a credible clinical entity.

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