Request a free Case Evaluation

Personal Injury​

Personal Injury Claims in Minnesota: A Comprehensive Guide

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 Personal Injury Law Overview

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 Accident Claims in Minnesota

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’s No-Fault Insurance System

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:

  • Medical expenses (up to $20,000);
  • Lost wages (up to $500 per week, up to $20,000); and/or
  • Replacement services (such as childcare or household help).

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:

  • More than $4,000 in medical expenses (excluding diagnostic tests such as X-rays and MRIs);
  • A permanent injury;
  • Scarring or disfigurement; and/or
  • Disability lasting 60 days or more.
Liability Claims Against At-Fault Drivers

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:

  • $30,000 for injuries per person/$60,000 per accident; and
  • $10,000 for property damage.

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.

Uninsured and Underinsured Motorist Coverage
  • 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:

    • $25,000 per person; and
    • $50,000 per accident.
Premise Liability Claims in Minnesota

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. 

Duty of Care Owed by Property Owners

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:

  • Invitees (e.g., customers in a store): Owed the highest duty of care; the owner must inspect the property and fix or warn of hazards.
  • Licensees (e.g., social guests): Owed a duty to warn of known dangers but not necessarily to inspect for unknown hazards.
  • Trespassers: Generally owed no duty, except in certain cases involving children (attractive nuisance doctrine) or willful harm.

Common Types of Premises Liability Claims

  1. Slip and Fall Accidents – Occur due to wet floors, icy sidewalks, uneven surfaces, or poor lighting.
  2. Dog Bites – Minnesota follows a strict liability rule, meaning a dog owner is liable for injuries caused by their dog, regardless of whether the dog had previously shown aggression.
  3. Inadequate Security – When a property owner fails to provide proper security measures, leading to assaults or other injuries.
  4. Defective Conditions – Includes broken stairs, faulty handrails, or exposed wiring that results in injuries.

Proving Liability in a Premises Liability Case

  1. To succeed in a premises liability claim, the injured party must prove:

    • The property owner knew or should have known about the hazardous condition.
    • The owner failed to fix or warn about the danger.
    • The hazardous condition directly caused the injury.

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). 

Compensation in Personal Injury Claims

Victims in personal injury cases may be eligible for compensation covering:

  • Medical expenses (hospital bills, surgeries, therapy, medication)
  • Lost wages (current and future earnings)
  • Pain and suffering (physical and emotional distress)
  • Property damage (e.g., vehicle repairs in motor vehicle accidents)
  • Loss of consortium (impact on relationships due to injury)

In cases of gross negligence or intentional harm, Minnesota courts may also award punitive damages against the responsible party.

The Personal Injury Claims Process in Minnesota

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

  • Motor vehicle accidents should be reported to law enforcement and any potentially responsible insurance carrier
  • Premises liability accidents should be reported to the property owner or manager.

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.

Conclusion

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.

CONTACT US NOW

FOR A FREE CONSULTATION