Personal Injury Law in Duluth, MN
Have you or a loved one recently suffered a personal injury in Duluth?
If so, understanding your rights and the legal options available is essential. Accidents can happen when we least expect them, leaving us grappling with physical pain, emotional distress, and financial burdens.
Knowledge can make all the difference, whether it’s a car accident, slip and fall, or any other incident. Let’s embark on this journey together and ensure your voice gets heard.
What Is Personal Injury Law?
Personal injury law in Duluth relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Duluth, MN
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Duluth
Among the leading causes of injuries in Duluth are motor vehicle accidents. The city’s roads witness heavy traffic, and factors such as distracted driving can lead to severe crashes. Slip and fall incidents are also prominent causes of injuries, particularly during icy winters. Additionally, workplace injuries occur in various industries, such as construction, manufacturing, and healthcare.
Steps in a Personal Injury Lawsuit in Duluth, MN
Once you determine that you wish to proceed forward with a personal injury action in Minnesota
A lawsuit starts when you file a complaint with the court and serve it to the defendant, claiming their negligence caused you physical or emotional harm. From there, the process typically involves depositions, independent medical evaluations, and exchanging documents as part of discovery. This phase can take time and may ultimately lead to either a negotiated settlement or a full trial in court.
In many personal injury cases in Duluth, the parties may opt for mediation to settle. Engaging in this process can save time and costs associated with a full trial. However, if this stage fails to yield an agreement, you will proceed to trial. The judge or jury will decide your fate based on a preponderance of evidence.
Minnesota Personal Injury Settlement
With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount.
The damages you receive after an injury in Duluth depend on their severity. For example, current estimates for urgent care for a broken arm are $788. This estimate includes the doctor’s visit, radiology, and other needs.
If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in MN, that means you risk not receiving any compensation at all.
Damage Awards in Minnesota
If your Minnesota personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.
Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses.
General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish.
Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific.
There is no limit for personal injury cases from Duluth. However, Minnesota Statutes do have a cap for medical malpractice cases. Legislators set the amount to $500,000 in 2021. This figure increases to $575,000 for lawsuits dealing with catastrophic injuries. However, these figures do adjust for inflation.
Statute of Limitations in Duluth, MN Personal Injury Law?
The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.
The statute of limitations for personal injury lawsuits from Duluth is generally six years. It’s crucial to be aware of this deadline and act accordingly.
We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury.
Work With an Experienced Duluth, MN Lawyer
Pursue a personal injury claim in Duluth against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Minnesota state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.