+ What are your business hours?

We are open from 8:30 a.m. to 4:30 p.m. Monday through Friday.

+ What do you charge for an initial consultation?

Free Consultations Erhart Legal, LLC provides free initial consultations for cases involving personal injury, wills, probate and setting up corporations and LLCs.

Initial Consultation Fee In cases involving real estate, contract matters, banking and mortgage issues, a small flat fee will be charged for an initial consultation of about 30 minutes. When you call to make an appointment, you will be advised of any associated fee.

+ How long is the initial consultation and what should I expect?

Generally, the initial consultation appointments take between one-half hour to an hour. During the initial consultation, the lawyer will advise you on the direction you should go and how much it will cost. Also, if your matter needs to be billed at an hourly rate, you can be assured that you will receive a reasonable rate and a fair estimate of the total fees likely to be required.

+ What should I bring to my appointment?

What you should bring to your appointment depends upon what area of law for which you are seeking assistance, and we have outlined some of the more common ones below:

Estate Planning Matters: We have found that it has been helpful for clients to review our Estate Planning and Will Information Form prior to the initial consultation. You can download the form here. Completing this form to the best of your ability can save time at your initial appointment and will also be helpful for us in determining your unique situation and tailoring an estate plan to your specific needs. Further, it can be helpful in giving you some areas of thought or discussion to make more informed decisions and raise some questions we can discuss at your appointment.

Probate Matters: For probate matters, we ask that you bring in the death certificate, wills, trusts, codicils, separate writings, vehicle or property titles and/or information, basic information about any known accounts such as checking, savings, retirement, life insurance, pensions, etc., if available. It is also helpful to have a general idea of what debts the estate may have and an estimate of those debts, if known. A list of the full names and addresses of all heirs will also be needed. Note that we will need a certified copy of the death certificate and the original will, trust and/or codicil for filing with the probate court.

Real Estate Matters: All information you have relating to the property at issue, including any deeds, abstracts, certificates, maps, plats, photographs, mortgage information, property tax statements, etc.

Personal Injury Matters: It is helpful for you to bring with you to the initial consultation the police/incident report, any medical records or bills you have received for treatment of your injuries, your insurance information (declarations sheet/insurance card), any letters from your insurance company and any other information you believe is relevant to your case. It is also helpful to complete the Checklist for Personal Injury Claim to the best of your ability and bring it with to your first appointment. The Checklist can be found here.

Business Law Matters: If you are looking to open a new business, we would need the names and addresses of all involved persons, the desired name of the business and any other information you may have. If you have some other type of business matter or dispute, any information you have relating to the dispute, agreements, leases, business paperwork, minutes, etc.

+ Do I have to pay anything up front?

For injury cases, there is no upfront fee. Erhart Legal, LLC will advance all of the costs of representing you and you can pay us back out of the settlement. For non-injury cases, these are handled on a case-by-case basis. Some are billed at an hourly rate, some a fixed fee or a combination thereof.

+ What are your rates?

During your initial consultation, attorney's fees and costs will be discussed in depth and you can decide how you want to proceed.

+ What payment methods do you accept?

We accept cash, check and credit card payments.

+ Do I need a will?

Wills are critical if you have significant assets, life insurance or minor children. If so, it is important to have a will so that funds can be distributed to the children in a wise fashion. Under the law, upon a person reaching the age 18, that person has legal authority to collect an inheritance. Most people agree that an 18-year-old should not be given unlimited authority to handle money. It makes sense to have someone older to manage these funds to assure that they are wisely and appropriately used. A will is also important where there is a second marriage and children from previous relationships. Thoroughly thinking through what you want and how you want to take care of each other's children can be complicated. If your estate exceeds $1 million dollars, you should also consider tax planning to reduce estate taxes.

+ Is a trust better than a will?

It depends upon your situation. Oftentimes, financial assets can be held in joint tenancy or have a designated beneficiary. In 2008, Minnesota enacted legislation that allows one to record a Transfer on Death Deed (TODD). The advantage of the TODD is that the transfer is only effective upon one's death and it can avoid the need for a probate upon death. While the person is living, they can void the transfer. This can eliminate many issues involving children, their spouses, etc.

+ Would having a will eliminate the need for a probate?

No. Generally, whether an estate has to be probated is dependent upon how the assets are held at the time of the person's death. If all the property was in joint tenancy or if there were designated beneficiaries, it is likely that setting up a formal estate to be administered by the court will not be necessary. Even if a probate is required, the cost is not as expensive as most people anticipate. Generally, it is a lot less than the funeral bill.

+ What is probate?

Probate is a legal proceeding in which a person is appointed by the court to be in charge of handling the decedent's estate. If there is a will, the court will usually appoint the person the decedent named in the will as their personal representative. If there is not a will, then anyone can ask the court to appoint them to handle the estate. The personal representative collects the assets and pays the bills of the estate.

+ What are Statutes of Limitation?

Minnesota has what is called Statutes of Limitation. Statutes are intended to make people take legal action within a reasonable period of time or lose their right to do so. In a majority of cases in Minnesota, a person injured in a vehicle collision has six years to sue the negligent driver. There are many exceptions to this rule, so it is important that you contact a lawyer right away to make sure you don't lose your chance for a fair settlement.

+ What is my case worth?

The monetary value of a case is made up of many factors. For example, it is necessary to consider who caused your injury and what the out-of-pocket loss has been for medical bills, wages and other things. It is also necessary to know whether there will be any future medical bills or wage loss, as well as how much pain and suffering the injured person will have in the future.

+ How long does it take?

To know the full extent of one's injuries can take a year or more. Disputes over liability and the amount of coverage available can also influence how long it takes to settle.

+ Am I 10% at fault just for being there?

NO! This is a myth created by the insurance companies to trick people into taking less in payment for their loss. If you did nothing careless or negligent to contribute to the collision or other injury-causing event, the at-fault person should pay 100% of your damages or loss, not 90%.

+ What if the at-fault party is a family member?

When dealing with car insurance, it does not matter. A negligent driver is responsible for anyone they injure. It may be different, though, if a claim is being brought under a homeowner's policy, such as for a slip and fall. In those cases, sometimes a family member is not allowed to bring a claim against another family member. We encourage you to call us right after an injury so we can help determine what insurance coverage may be available to compensate you for your loss.

+ Can you sue yourself?

No. If you negligently caused your own injury, you cannot get a settlement from your own insurance company for your injury. However, you are entitled to Minnesota No-Fault benefits.

+ What is comparative fault?

This is a process by which insurance companies, lawyers, injured people and juries decide how much responsibility each person has in causing the crash or other injury-causing event. For example, if all of the negligence responsible for the crash equals 100%, the question is how to divide that between the involved people. Often, one person is completely responsible and the injured person is blameless. Other times, the injured person has to take some share of the blame.

A situation where this might apply is a case where one driver had the right-of-way, yet failed to avoid the crash because they were not paying attention. In a case like that, the fault is usually divided between the drivers. This is important because in Minnesota, an injured person is not entitled to a settlement if their fault was more than the other person's fault. Even if the other person is mostly at fault, for example 80%, the law will only allow you to receive 80% of your monetary loss. In other words, you cannot collect any money for the percentage of the crash that was your own fault.

There is no guideline to tell us how to divide the fault, so the division usually comes down to good investigation and negotiation skills on the part of your lawyer.