- GuardianshipMost people have legal control over themselves and their property. They are able to act on their own behalf. But when a living person is unable to protect or care for himself or herself, or for his or her property, because of old age, illness, or other disability, the law of guardianship (or conservatorship) permits the appointment of a competent person to protect and care for the incompetent person and/or manage the incompetent person's property. The appointment of a competent person to protect, care for, and/or manage property for an incompetent person is usually governed by a state's probate court.
- Criminal Defense
- Wrongful DeathFollowing a fatal accident or catastrophic injury, victims and their families must begin rebuilding their lives in the wake of tragedy. Attorney Donald W. "Doc" Kohler has helped many Minnesota families deal with the aftermath of a serious accident by handling wrongful death and catastrophic injury claims on their behalf. Please learn more about these claims below.
- Workers CompensationSome employers may seek to avoid workers' compensation liability by using contractors to perform work that would normally be performed by the employer's own employees. The reasoning is that employers are responsible only for the workers' compensation coverage of "employees." However, to preclude employers from evading liability by this method, most jurisdictions will impose liability here if the contractor itself is uninsured for workers' compensation. Thus, if an employer utilizes a contractor's employees to do that which the employer's own employees would normally do, and an employee of the contractor is injured, the employer will be responsible for worker's compensation despite the fact that the injured individual is not an "employee" of the employer. These state statutes basically deem the individual an "employee" to further the goals and purpose of workers' compensation. In order to determine whether the contractor is performing work that would normally be done by the employer's own employees, courts will look to the employer's past practices as well as the practices of other employers in the same industry or trade.
- Land Use and ZoningDonald W. "Doc" Kohler is a native of White Bear Lake, Minnesota, where he chose to establish his legal practice and where he and his family still live today. Since founding his firm, his work has focused on helping everyday people in the areas of workers' compensation, personal injury, wrongful death, catastrophic injuries and estate planning. Mr. Kohler completed his undergraduate education at Metropolitan State University in St. Paul, graduating with a bachelor's degree in Communications in 1991. He went on to earn his law degree from Hamline University in 1998. For 13 years, prior to and while going to school, he worked at United Parcel Service (UPS), where he learned the importance of providing outstanding customer service. He also got a firsthand informal education about what can happen to a working person who is injured on the job, when he hurt his back while at UPS. That experience inspired him to continue his education and become an attorney. In addition to having his own practice, Mr. Kohler is Of Counsel with the law firms of Thomas W. Krauel, P.A., and Schroeder and Mandel. Mr. Kohler also donates his time as a legal professional. He is chair of the Nineteenth District Bar Association's fee arbitration committee, and he serves as a member of the Ramsey County Bar Association's attorney referral service. Mr. Kohler is active in his community. He has been a board member on the Planning and Zoning board for the city of White Bear Lake, and has also served as director on the White Bear Lake Conservation District Board, where he was a chair of the Lake Quality Committee. He currently volunteers with Second Harvest Food Bank through his church. The Kohler Law Offices are also active in local community and charitable events. The firm annually sponsors participants in the American Cancer Society's "Walk for Life" fundraiser, and regularly donates to various other charities, including the MS Society. In his free time, Mr. Kohler enjoys spending time with his family and hunting grouse and pheasant along with his Brittany Spaniel.
- Property Damage
- Personal InjuryUnder the "sudden emergency doctrine," a person is not liable for his reasonable response to a sudden emergency, so long as the person did not create the emergency. The sudden emergency doctrine may be used as a defense to a personal injury action.
- Medical MalpracticeMedical malpractice Even though you are the accident victim, the burden is on you to prove the extent of your damages and all elements of your case. This means that to recover compensation from insurance companies and at-fault parties, you must show not only that another person's carelessness, recklessness or wrongdoing caused your accident, but also that the accident resulted in the injuries and money damages you now claim. A knowledgeable injury lawyer understands how to make these connections and ultimately build your strongest case for monetary compensation.
- Auto Accidents
- Social Security DisabilityIn order to recover social security disability benefits, an individual's impairment must be so severe as to significantly limit his ability to work. If the impairment is found to be "not severe," the individual will not be considered "disabled." As established by medical evidence, an impairment constituting only a mild abnormality that has only a minimal effect on the individual's ability to work is not "severe." If an individual suffers from more than one impairment, the impact of the combination of the impairments will be evaluated rather than each impairment independent of the other.
- Dog BitesPersonal Injury - The office handles personal injury cases involving auto, truck and motorcycle accidents, boating accidents, dog bites, slips and falls, dangerous products and medical malpractice.
- Estate PlanningOne confusing aspect of estate planning is the numerous myths about the co-ownership of bank accounts. The different types of bank accounts are often confused with the standard forms of property co-ownership. This article discusses some of the myths about the co-ownership of bank accounts.
- Wills
- TrustsFor instances, say that John creates and funds an irrevocable trust which provides that the trustee can pay to John any part or all of the trust income or principal as the trustee in its discretion deems appropriate. In this case, all of the trust assets are considered available to John, whether or not paid to him, and it will not matter whether he applies for Medicaid ten months or ten years after the trust is established.
- Power of AttorneyPowers of Attorney - A power of attorney is a document that authorizes a person to make decisions on your behalf in the event of incapacity, including decisions about finances and property.
- Probate