Personal injury claims in Minnesota arise when an individual is harmed due to the negligence or wrongful actions of another party. These claims can involve various types of accidents, including motor vehicle accidents and premises liability cases. Understanding Minnesota’s personal injury laws, the legal process, and what compensation may be available can help injured persons navigate their claims effectively.
Minnesota follows a comparative fault system when determining compensation in personal injury cases. This means that if the injured party is partially at fault for their accident, his or her compensation may be reduced in proportion to the assigned percentage of fault. However, if the injured party is more than 50% at fault, they cannot recover damages.
Additionally, personal injury claims in Minnesota are subject to a statute of limitations. Generally, a victim has six years from the date of the injury to file a lawsuit in most cases. However, in cases involving wrongful death, the deadline is reduced to three years from the date of death. If the claim involves a government entity, notice must be given within 180 days of the injury. Other injuries may be subject to shortened statute of limitations as well. Contacting an attorney to discuss an injury as soon as possible is important to preserve potential claims.
Motor vehicle accidents are among the most common types of personal injury claims in Minnesota. These claims involve injuries resulting from car crashes, truck accidents, motorcycle collisions, and pedestrian incidents.
Minnesota is a no-fault insurance state, meaning that after an accident, each driver’s own insurance covers certain economic losses, regardless of who was at fault. The no-fault insurance system requires drivers to carry Personal Injury Protection (PIP) coverage, which may pay for:
No-fault insurance does not cover pain and suffering or other non-economic damages. To pursue a liability claim against the at-fault driver, an injured partymust meet one of Minnesota’s tort thresholds, which include:
Once an injured party satisfies tort threshold, a claim against the at-fault driver’s liability insurance may commence. Minnesota requires all drivers to carry the following minimum liability coverage:
In liability claims, injured parties can seek compensation for past and future medical expenses, lost wages, pain and suffering, and other damages not covered by their no-fault benefits.
Minnesota law also requires drivers to carry Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. These types of coverage apply if the at-fault driver lacks sufficient insurance to cover the injured party’s damages or a party is injured by an uninsured driver. The required minimums are:
Premise liability claims involve injuries that occur on another person’s property due to dangerous conditions. Common examples include slip and fall accidents, dog bites, and inadequate security leading to injuries.
In Minnesota, property owners and occupiers have a legal duty to maintain their premises in a reasonably safe condition. The level of responsibility varies depending on the status of the visitor:
To succeed in a premises liability claim, the injured party must prove:
Minnesota follows comparative fault in these cases, meaning the injured party’s compensation may be reduced if they were partially responsible for their injuries (e.g., wearing improper footwear on icy sidewalks or failing to walk with due care).
Victims in personal injury cases may be eligible for compensation covering:
In cases of gross negligence or intentional harm, Minnesota courts may also award punitive damages against the responsible party.
Step 1: Seek Medical Treatment
After an injury, obtaining prompt medical care is crucial. Medical records serve as key evidence in a claim.
Step 2: Report the Incident
Step 3: Gather Evidence
Collect witness contact information and statements, photos of the accident scene, and any potentially relevant documents (medical records, police reports).
Step 4: File an Insurance Claim
For car accidents, the injured party must first file a claim under their PIP coverage. If the case meets no-fault thresholds, a liability claim can be filed against the at-fault party.
Step 5: Negotiation and Settlement
Many personal injury claims are settled out of court. Negotiating with insurance companies can be complex, and having an attorney can help maximize compensation.
Step 6: Filing a Lawsuit (If Necessary)
If a fair settlement cannot be reached, filing a lawsuit within the statute of limitations is necessary. The case may proceed to trial, where a judge or jury determines compensation.
Personal injury claims in Minnesota involve navigating complex laws, whether for motor vehicle accidents or premises liability cases. Understanding the no-fault insurance system, comparative fault rules, and statutory deadlines is crucial in pursuing fair compensation. Consulting with an experienced personal injury attorney can help ensure victims receive the justice and compensation they deserve.
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10400 Viking Drive
Suite 250
Eden Prairie, MN 55344
(952) 345-2052
(952) 345-2053
(952) 345-2052
(952) 345-2053
10400 Viking Drive
Suite 250
Eden Prairie, MN 55344
Monday - Friday
8:00 am - 4:30 pm
(Closed legal holidays)
FOR A FREE CONSULTATION
