Schneider & Madsen Law Firm

Social Security Disability is a federal program that pays benefits to you and other family members if you have a severe disability and are unable to sustain employment to certain limits. According to the Social Security Administration (SSA), a person qualifies for SSDI if:

·         they have a physical or mental condition that prevents them from engaging in any "substantial gainful activity" ("SGA"), and

·         the condition is expected to last at least 12 months or result in death, and

·         they are under the age of 65, and

·         generally, they have accumulated 20 social security credits in the last 10 years prior to the onset of disability (normally four credits per full or partial year); one additional credit is required for every year by which the worker's age exceeds 42.

The Social Security Disability process can often times be lengthy and complex. Contact the lawyers at Schneider & Madsen to discuss your disability. You may be eligible for benefits now.

Walking outside in Minnesota can be hazardous.  If you choose to walk on ice and snow, in the dark, you take the risk of falling and suffering harm.  But what happens when a business doesn’t clean its floors of snow, water, and ice that are sometimes finds its way into a store?  People often slip, fall, and become injured.  Who pays the doctor bills?  Who pays lost wages?  Who pays expenses?  The law requires businesses to keep walking areas clean and free of hazards but business owners are not required to protect customers from obvious hazards.  So, what “hazard” is obvious and what hazard is hidden, or not obvious?  The answer to such questions depends on each and every case a lawyer is asked to review.  If you have fallen because of a hazard but you’re not sure why, and you are concerned about payment of medical bills, give us a call.  We will review the facts of your case with you and determine whether or not you may recover compensation for your harms.  Contact the lawyers at Schneider & Madsen with any questions you may have if you’ve fallen and suffered injuries. We are here to help. 1-800-242-1902 or email us at info@schneidermadsen.com

Asbestos.  A fibrous, fire-proof mineral that can be woven, machined, milled, and formed into different shapes was used extensively during the 20^th century in virtually all areas of American life.  Kitchen appliances, furnaces, clothes, furniture, boats, cars, and houses all could predictably include some asbestos somewhere at some point in time.  Asbestos can cause a lung disease called asbestosis, which can be fatal and certainly disabling.  Asbestos is also the only likely cause of an always fatal disease known as mesothelioma.  Asbestos has long been associated with these diseases yet it continues to be sold and used to this day.  The question is why?  The answer is simple: money.  Asbestos is cheap, available, and products made from it and with it can be sold for profit.  You and your love ones may be using a product that contains asbestos right now and risking illness or death.  It is likely the maker of that product knew of its danger yet sold it anyway without warning you of the risk.  If you or a loved one suffers from these diseases you may be entitled to help with your doctor bills, lost wages, and other remedies to cure the harm done.  Contact the lawyers at Schneider & Madsen with any asbestos-related questions you may have. We are here to help. 1-800-242-1902 or email us at info@schneidermadsen.com

If you have been hurt at work you may be entitled to rehabilitation benefits provided by a QRC (Qualified Rehabilitation Consultant).  If you have been contacted by an individual that was given your information by the insurance company and would like to meet with you regarding your medical treatment and setting up a rehabilitation plan you should be aware of your rights.  You are entitled to choose your own QRC at any time prior to the rehabilitation consultation and 60 days after filing of the rehabilitation plan.  If you would like to speak with an attorney regarding benefits that you may be entitled to under Minnesota Law, contact Schneider and Madsen Law Firm at 1-800-242-1902 or email us at info@schneidermadsen.com.

People use machines every day.  They may be as simple as kitchen tools like blenders or choppers or as complex as tractors or augers.  We must be careful when using machines and respectful of their power to harm people.  Most people understand this and often machines are accompanied by warnings stickers reminding us of their danger.  However, sometimes machines are built wrong, or maintained in a way that makes them unsafe, that we can’t be expected to understand and no warning tells us of such.  In some of those unfortunate instances otherwise good and helpful machines become dangerous and hurt people.  When this happens who should pay the doctor bills?  The missed time from work?  Should ugly scars or permanent physical injury be compensated?  Perhaps.  If this happens to you or a loved one a claim against the maker, designer, or maintainer of the dangerous machine, called a product liability claim, may be pursued to pay bills, wage loss, and right such wrongs. Contact the lawyers at Schneider & Madsen with any defective machine questions you may have. We are here to help. 1-800-242-1902 or email us at info@schneidermadsen.com

If you have been injured in an accident at work, you are probably aware that you are entitled to medical benefits related to the injury and wage loss benefits from your employer’s workers’ compensation insurer.  In addition to those benefits, depending on the type of injury or injuries that you received, you might be entitled to rehabilitation services.  In Minnesota, the law provides that if you are a “qualified” employee you are entitled to have a QRC (Qualified Rehabilitation Consultant).  A QRC is able to develop a rehabilitation plan and assist you in the implementation of the plan.   If you would like to speak with an attorney regarding benefits that you may be entitled to under Minnesota Law, contact Schneider and Madsen Law Firm at 1-800-242-1902 or email us at info@schneidermadsen.com.

Most claims will begin with the service of Pleadings.  In most cases, the first pleading to be filed is the Summons and ComplaintClaim Petition (workers’ compensation claim).  The complaint or claim petition is filed by the person bringing the claim, who is referred to as the “plaintiff”.  A complaint identifies who has done something wrong, what they have done wrong and how this has affected the plaintiff.  A claim petition documents the nature of a plaintiff’s injuries sustained in the workplace and the benefits that are being requested.  In a personal injury claim, the “defendant” is the individual alleged to have wronged the plaintiff.  In a workers’ compensation claim, the “defendant” is the employer and/or workers’ compensation insurer.  The defendant will file an Answer, in which most or all of the allegations in the complaint or claim petition are denied.  An answer may also contain a counterclaim identifying any allegations and claims of wrongdoing on the part of the plaintiff.  Additionally, crossclaims against other defendants might be brought. (personal injury claim) or the

After the initial exchange of pleadings, the Discovery phase will begin in most cases.  The discovery phase provides an opportunity for the plaintiff and the defendant to discover the facts and allegations the other side has made.  The two most common forms of discovery are written discovery and oral discovery.  InterrogatoriesRequests for Production of Documents are the two main types of written discovery.  Interrogatories are a set of written questions.  These questions can be very detailed, and the answers must be provided completely and under oath.  A request can be made by either side for any and all documents that pertain to the dispute.  These documents can include, but are not limited to, medical records, correspondence, photographs, personnel records, etc.  and

Oral discovery will happen in a meeting between the attorneys and witnesses.  The most common form of oral discovery is a Deposition.  During a deposition, the attorney that has requested the meeting has an opportunity to ask questions of the other party under oath.  A court reporter will also be in attendance to document all questions and answers.  A deposition can last hours or days, depending on the claim and the knowledge of the witness being deposed.

In certain cases, an “expert witness” may be used.  An expert witness is someone who has significant knowledge on a particular subject, as a result of their background, training or a combination of both.  Examples of a typical expert witness are engineers, accountants, doctors, etc.  The plaintiff and the defendant have the ability to find out who is being used as an expert witness by the other party and what opinions they hold in relation to the case.  The opinions of an expert can be obtained through oral and/or written discovery.

A Motion is brought when there is a disagreement on an issue that has arisen during the progression of the case.  When a motion is brought, the court is asked to make a ruling on the disagreement at hand.  Motions occur for various reasons.  When the motion is brought, it often includes a memorandum of law from each lawyer which outlines their position on the point of disagreement.  Each motion is heard by a judge.  After considering both sides of the issue at hand, the judge will make a decision on the motion.  Typically, only the lawyers are required to attend the hearing on a motion. 

Sometime after the filing of pleadings and before the trial, a judge will usually require the parties to take part in Alternative Dispute Resolution (ADR), in an attempt to settle the case outside of court.  The most common forms of ADR are mediation and arbitration.  During mediation, a neutral third party intervenes and attempts to achieve a settlement between the parties.  This requires the voluntary agreement of the parties.  A mediator does not have the ability to force a settlement.  In contrast, an arbitrator will decide the winner or loser.  There are two types of arbitration:  Binding and Non-Binding.  In a binding arbitration, the parties have agreed to be bound by the decision of the arbitrator and have given up their right to a trial before a judge and jury.  In a non-binding arbitration, the parties can use the decision of the arbitrator to assess the status of their claim, but they do not give up their right to a decision by a judge and jury.  You will play an active role in the process of mediation or arbitration.

When the discovery phase is complete and ADR has been attempted, but failed, the claim will proceed to a Trial by a court or jury.  In some cases, a judge must make the final decision on the claim.  In other cases, there may be a jury trial, where a panel of six jury members will make the final decision on the factual issues of the case.  A trial may last anywhere from several hours to several weeks, depending on the nature of the case.      

When the trial process is complete, any party who is dissatisfied with the outcome may appeal the case to a higher court.  Occasionally, mistakes are made by the trial court which requires consideration by a higher court; however every appeal will not be successful. 

There are two levels of appellate courts in Minnesota:  the Minnesota Court of Appeals and the Minnesota Supreme Court.  Every case can be appealed to the Minnesota Court of Appeals.  If a party believes the decision of the Minnesota Court of Appeals is still wrong, they can request that it be reviewed by the Minnesota Supreme Court.  The Minnesota Supreme Court is not required to accept all appeals, and can pick which cases to review based on the importance of the issues at hand.  It is rare for a case to make it to the Minnesota Supreme Court for consideration.

It is often a surprise to people that it can take a significant amount of time to reach a decision in a lawsuit.  There are time lines in place which place limitations on the progression of a case to a trial.  There are many factors that affect the speed at which a case progresses.  For example, there is time allotted for the discovery phase and judges’ decisions.  Additionally, the coordination of many schedules is required to conduct any part of the process of a lawsuit.  Typically, it will take at least a year from the date of service of the pleadings for a trial to occur.  It is rare that a trial would not have taken place within two years of service of the complaint.  It is always appropriate for you to discuss the progression of your case with your attorney. 

Most personal injury claims will be handled on a Contingent basis.  This means that the attorney handling the case would only be paid if the client recovers money.  Throughout the course of the lawsuit the firm will cover costs and expenses associated with the claim.  Upon completion or settlement of the case, the firm will then recover those costs and expenses.  Other cases are typically handled on an Hourly basis.  Our firm has standard hourly rates, and it is the client’s responsibility to pay those rates on a monthly basis.  The client will also cover costs and expenses as they are incurred.

Most courts in America abide by the “American Rule.”  This means that each side is responsible for paying their own attorney fees, whether they win or lose.  In some cases, statutes or contracts may provide for an exception to this rule, and the burden of attorney fees is shifted or the loser may be required to pay the winner.  This is not a common occurrence, and each side will usually pay their own fees.  Costs incurred throughout the course of a claim are treated differently.  In most cases, the winner can recover costs from the loser.  Costs can range from hundreds of dollars to several thousand dollars.  If we do not win at trial, the client has the responsibility of paying costs of the other side and attorney fees awarded against them.  You should discuss costs and fees associated with your claim with your attorney throughout the course of your case.