Facing a Criminal Conviction?

Being convicted of a crime, whether it is a misdemeanor or felony, can have dire consequences on many facets of your life. The outcome of your case can affect your employment and the welfare of you and your family.  Also, your conviction bears the possibility of hefty fines and jail time.

It is necessary for you to understand your rights and options during your criminal defense case to insure that you make the best decisions that will be beneficial to you and your family.  Consult Falsani, Balmer, Peterson, Quinn & Beyer, Duluth Minnesota’s premier trial law firm. We have the legal knowledge and expertise to provide you with a solid defense.  We personally take the time to ensure your concerns are addressed and that your questions are answered from our first meeting, during plea negotiations, all the way through trial when needed.

Best Law Firms: 2011-2012 Formal Announcement

U.S. News Media Group and Best Lawyers® Release 2011-2012 “Best Law Firms” Rankings Rankings of nearly 10,000 U.S. law firms by practice area

We are pleased to announce that Falsani, Balmer, Peterson, Quinn & Beyer received recognition in the 2011 - 2012 U.S.News - Best Lawyers® “Best Law Firms” rankings. These rankings are defined by practice area, both nationally and by metropolitan areas.

Falsani, Balmer, Peterson, Quinn & Beyer are part of an extraordinary group of law firms represented in this year’s “Best Law Firms” rankings. A comprehensive choice of practice areas, coupled with our research of firms nationally and within local legal markets, makes the 2011-2012 U.S.News - Best Lawyers® “Best Law Firms” rankings a valuable tool for a broad range of legal consumers.

Full data for the law firms that received rankings is available online Falsani, Balmer, Peterson, Quinn & Beyer, from the largest firms in the country to hundreds of one-person and two-person law firms, providing a comprehensive view of the U.S. legal profession that is unprecedented both in the range of firms represented and in the range of qualitative and quantitative data used to develop the rankings. Achieving a high ranking is a special distinction that signals a unique combination of excellence and breadth of expertise.

Workers Compensation: What You Need To Know

If I Get Hurt, What Should I Do?
Notify your immediate supervisor and request medical treatment as soon as possible. Also contact your human resources department and make sure a workers compensation claim is filed. Your human resources department may have specific actions which they will want you to follow.

Always refer to your employee handbook, issued by your employer, as a guide. Your employer may direct you to a specific medical provider who will handle your workers compensation claim. You may think your injury is not serious but it is important that you follow all the steps outlined by your employer. Keep in mind that some long term health issues may not develop immediately so you want to make sure you are protecting your future access to the work comp claims process by doing all that is requested of you. This protects your future rights.

What is the Time Limit for Receiving Workers Compensation Benefits?
When you have a workers compensation claim and receive medical treatment but don't lose any time from work, your claim will normally close within one year from the date of your last medical treatment.

If your injuries were significant enough that you were off from work to recover and were collecting weekly benefits, you can expect your claim to close two years from the last date you received compensation.

Can I be Fired for Filing a Workers Compensation Claim?
It is against federal and state law for an employer to fire an employee for filing a workers' compensation claim.

My Employer Does Not Have Workers Compensation Coverage, What Do I Do?
check with the governing body in the state where you reside for information concerning employers in violation of workers compensation statutes.  Most states provide a mechanism for you to file a work comp claim directly through the state. However this will be state specific and you will need to check for your individual circumstance.

You will find that most states impose serious fines and legal action, including criminal action, against employers who do not fulfill their responsibilities to their employees.

Wondering How Insurers Value an Injury Claim???

A critical aspect of any personal injury claim is figuring out how much your accident injuries are worth.  It is the part of a claim that is most difficult to determine because the amount varies depending on your very particular circumstances. Check out this overview of how insurance companies determine the value of a claim.

Types of Damages
To determine what your claim is worth, you must first know the types of damages for which you may be compensated. Usually, a person who is liable for an accident must pay an injured person for:

• medical care and related expenses
• income lost because of the accident, because of time spent unable to work or undergoing treatment for injuries
• permanent physical disability or disfigurement
• loss of family, social, and educational experiences, including missed school or training, vacation or recreation, or a special event
• emotional damages, such as stress, embarrassment, depression, or strains on family relationships -- for example, the inability to take care of children, anxiety over the effects of an accident on an unborn child, or interference with sexual relations, and
• damaged property.

Damages Formula
At the beginning of claim negotiations, an insurance adjuster adds up the total medical expenses related to the injury. These expenses are referred to as "medical special damages" or simply "specials." That's the base figure the adjuster uses to figure out how much to pay the injured person for pain, suffering, and other non-monetary losses, which are called "general" damages.

The Divorce Process | Duluth Trial Lawyers

In Minnesota law, a divorce is called a "Dissolution of Marriage." To get divorced in Minnesota, one of the spouses must have lived in Minnesota for at least 180 days before starting the case. 

Getting divorced is a lot more complicated than getting married, and it can take several months before your divorce is final this is why most people choose to higher a divorce attorney Duluth MN.  

Your divorce will be more complicated if you have property (real estate, automobiles, vacation property, pensions, jewelry, etc.) or minor children. Your case could be done faster if you and your spouse agree on how to divide the property and handle custody of the children. Many cases start out with disputes, but then the parties are able to reach an agreement. Sometimes the judge will order the parties to try mediation or alternative dispute resolution (ADR) to reach an agreement.

Divorce Process Paperwork
In Minnesota, one spouse must start the divorce by writing a Summons and Petition and "serving" it on the other spouse. There are specific rules for how to serve the documents.

NOTE: If both spouses agree on how to settle all the issues in their divorce and can sign the same papers, you could do a Joint Petition for divorce.

The spouse who received the Summons and Petition must read the documents and decide how to respond. If s/he disagrees, s/he writes and serves an Answer. If the couple can reach an agreement, a Stipulated Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree is prepared by one or both of the parties.

The official name of your divorce document is Findings of Fact, Conclusions of Law, Order for Judgment and Judgment and Decree. Once this document has been signed by a Judge and is "entered" by court administration, your divorce is considered final.

How Social Security Disability Works

What is Social Security Disability?
Social Security Disability are disability benefits that are based on payroll deductions that occur as a result of work activity or as a result of contributions made by self-employed workers. This benefit program functions much like an insurance program and insured workers are subject to a date last insured, meaning that, at some point, after work activity has ceased, one's insured status will lapse. This means that claimants who file for disability benefits will need to prove the onset of their disability as far back as possible (through their medical records) in order to be covered by Social Security Disability, but also to receive the full amount of back pay to which they are entitled.

How Do You Qualify for Social Security Disability?
Qualifying for disability benefits with the social security administration is based primarily on the information derived from a claimant's medical records.

What Do I Put On My Social Security Disability Application?
You want to tell the Social Security Administration, on your application, all of the conditions, physical and mental, that prevent you from working. For many people, this is simply one condition (for example a back injury). But for many other people, there are multiple conditions, which individually may not be disabling, but which in combination are disabling. Further, sometimes after a work-ending disability, people develop situational depression. Likewise, for people who simply have one disabling condition, they may have other conditions, that were previously non-disabling, but now impact their ability to work, such as high blood pressure, or diabetes, or obesity. So everything and anything should be listed as a potential disabling condition.

How Much Money Will My Social Security Disability Pay Me?
There are two types of Social Security Disability programs. One program, Disability Insurance Benefits (DIB) depends upon how much money you paid to the Social Security system through Social Security taxes coming out of your paycheck. So the amount of money you receive depends upon how much you paid in Social Security taxes.

Need More Social Security Disability Information?
Generally people do not need attorneys until they have been denied on their initial application or on a reconsideration application. However, you should feel free to call an Duluth lawyer at any time. We will be happy to answer any of your questions at that time. We would be better able to advise you as to whether you did or did not need an attorney at that time.

Car Accident Lawyer | Choosing the Right One

Why You Need a Car Accident Lawyer
If you are injured due to the negligence of another person, then you will need to find a car accident lawyer.  Not all auto accident injuries manifest immediately after the accident. Issues like whiplash and minor spinal injuries due to impact can take months to mend, and it is expensive to go to a chiropractor’s office a few times a week until the problem is cured. Insurance companies are totally aware of this, which is why they’ll try to write you a small settlement check right after your accident.

What a Car Accident Lawyer Can Do for You
A car accident lawyer is absolutely great help when accidents happen. Struggles with insurance companies include red tape and annoying phone calls. If you don’t have the time and energy, to manage it, you’ll need car accident lawyer who does. Hiring a lawyer who has worked with other auto accident cases and won can be a good start to having the amount of money you need from your insurance provider. Whether you have to pay for car repairs or medical bills or cover the bills because you missed time in the office, a car accident lawyer will give you the money you need from your insurance company.