Frequently Asked Questions About Family Law in Minnesota
Is there any benefit to filing for divorce first in Minnesota?
There’s no legal advantage, but the person who files first has more time to plan ahead—gather financial documents, save money, and consult a Minnesota divorce attorney. If your spouse files first, you typically have only 30 days to respond.
Do Minnesota courts favor mothers over fathers in custody decisions?
No. Minnesota family courts are not allowed to favor one parent over another based on gender. Custody decisions are based entirely on the child’s best interests and the facts of the case.
Can a custodial parent move children out of Minnesota?
A custodial parent must get permission from the court or obtain written consent from the other parent before relocating the children out of state. The court will require proof that the move serves the best interests of the child.
Will my child support change if my income goes up or down in Minnesota?
Yes. A significant change in income can lead to a child support modification. Either parent may request a modification hearing if their financial situation changes substantially.
Can I withhold visitation if the other parent isn’t paying child support?
No. In Minnesota, child support and visitation are treated as separate legal issues. Denying parenting time due to missed payments can lead to legal consequences for the withholding parent.
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 can focus on healing while we fight for your financial recovery.
How much is my Minnesota personal injury claim worth?
Each personal injury claim is unique. Our attorneys evaluate the full scope of damages, including medical expenses, lost income, pain and suffering, and potential punitive damages depending on how the injury occurred.
Am I required to give a statement to the insurance company after being injured in a Minnesota car accident?
No. Insurance companies may attempt to reduce their liability by manipulating your words. Do not provide a statement without consulting a Minnesota personal injury attorney who can protect your right to full compensation.
Should I return to work after being hurt in an accident in Minnesota?
Only if cleared by your doctor. If you are unable to work, our attorneys will seek compensation for your current and future lost wages. Always follow your physician’s recommendations and attend all necessary appointments.
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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