Common Minnesota Divorce and Family Law Questions
Filing for Divorce
Is there an advantage to filing for divorce in Minnesota before my spouse does?
Generally, no. However, the one advantage you will have is time. You will have time to plan, time to save money, time to consult with a divorce attorney, and time to collect documents, information, and establish a timeline for the divorce. If your spouse files first, you will have 30 days to respond, which may result in stress and anxiety.
Child Custody and Support
Will the Minnesota family courts favor the mother over the father when determining custody arrangements?
The Minnesota family courts cannot be biased against either parent due to their gender. The facts of the child custody case will stand on its merit alone.
Can a parent who has physical custody of their children in Minnesota move them out of state?
Like most states, the Minnesota parent who has physical custody of their children must file a motion with the court to gain permission to move the children out of state, unless he or she can agree with the other parent outside the courtroom first. The parent seeking the move must show it is in the best interests of the child.
If my income increases/decreases, will my Minnesota child support obligation change as well?
Both increases or decreases in child support requests must be determined during a modification hearing. If the paying parent has a substantial increase or decrease in their income, the court may modify their child support payments.
If the paying parent is behind on child support in Minnesota, can the other parent refuse to allow visitation?
No. Lack of child support payment has no bearing on visitation rights in Minnesota. The two legal areas are mutually exclusive. Interfering with the right of the other parent to see the children may create legal trouble for the parent withholding visitation.
Frequently Asked Questions About Personal Injury Law in Minnesota
How long do I have to file a Minnesota personal injury claim?
The statute of limitations, or the amount of time you have to file a personal injury claim, in Minnesota is two years from the date the injury occurred.
I am out of work because of my injuries. How can I afford to pay a personal injury attorney in Minnesota?
At Heimerl & Lammers, our personal injury attorneys in Minnesota do not charge any fees if we do not win your case. That means, even if you are out of work, we will represent you with no upfront costs or fees until your case is won, so you may concentrate on your physical recovery while we focus on your financial recovery.
How much is my Minnesota personal injury claim worth?
Your personal injury claim is unique and will be thoroughly assessed by our attorneys to determine each factor associated with your financial recovery requirements. Those factors may include economic damages like medical costs and lost wages; non-economic damages like pain and suffering; and punitive damages, which are designed to punish the liable party who caused your injuries.
Am I required to give a statement to the insurance company after being injured in a Minnesota car accident?
No. Insurance companies work tirelessly to obtain a statement from an injured party to minimize their payment liability by manipulating the conversation, or misleading the injury victim to say things like, “I am okay.” Do not speak with the insurance company without an experienced personal injury attorney by your side, so you do not jeopardize your ability to pursue a financial claim.
Should I return to work after being hurt in an accident in Minnesota?
That depends on the instructions provided by your team of physicians. If you are too hurt to return to work, but are worried about your lost income, we will include all current and future lost wages in our personal injury claim when you are unable to work because of your injuries. If your doctor allows you to return to work, they may request that your employer modify your duties until you have fully healed. It is important to follow all your physician’s instructions and attend all medical appointments or follow up care.
Frequently Asked Questions About Workers’ Compensation in Minnesota
Are all Minnesota employers required to carry workers’ compensation insurance coverage?
There are very few exceptions for employers who do not have to carry workers’ compensation insurance. Most Minnesota employers are required to carry workers’ compensation insurance coverage.
Can my employer fire me for filing a workers’ compensation claim in Minnesota?
No. It is unlawful to fire someone for filing a personal injury claim in Minnesota.
What type of coverage is included in Minnesota’s workers’ compensation benefits?
Workers’ compensation benefits in Minnesota may include medical care costs — including surgeries or psychological treatments — lost wages, compensation for the loss of use of a limb, and vocational rehabilitation. Each will be unique to the injured person’s needs.
Can I see my own physician after a work injury in Minnesota?
That depends. Your employer may dictate which physician or pharmacy you use, based on the coverage they carry, and it is important to follow the rules within their workers’ compensation coverage requirements. If there is no medical visit requirement, you may be able to visit your family physician to outline your medical care requirements.
Can I pursue workers’ compensation benefits without the help of a Minnesota attorney?
Yes. Although, most injury victims who are hurt at work find that consulting with an experienced workers’ compensation lawyer provides a better opportunity to pursue the full extent of the benefits they deserve. Workers’ compensation attorneys may also file an appeal when an employee’s claim is denied.
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The attorneys and staff at our firm take the time to actually listen to our clients. We will carefully explain the process you are facing and guide you through it while looking out for your best interests. We know that each client’s individual situation is unique and important to them. Therefore, we won’t treat your representation with the “cookie-cutter” approach other law firms seem to take.
If you need to speak with an attorney, contact us today. We can assist with a wide array of issues, including divorce, child custody, family law, personal injury, wrongful death, construction injuries, truck accident injuries, and workers’ compensation.
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