Personal Injury Law in Minnesota

Were you hurt due to another’s negligence in Minnesota? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Minnesota can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Minnesota 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 Minnesota

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 Minnesota 

According to the Minnesota Department of Labor and Industry, Minnesota had 72,500 workers with OSHA-recordable nonfatal workplace injuries and illnesses in 2017. In fact, in the past 15 years, Minnesota has seen a 40% decrease in its rate of work-related injuries and illnesses. However, not all injuries are work related, and the leading causes for emergency room visits in Minnesota were head injuries, broken bones, and sprains/strains.

Steps in a Personal Injury Lawsuit in Minnesota

Once you determine that you wish to proceed forward with a personal injury action in Minnesota

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After filing a lawsuit, in Minnesota, you then enter the questions and discovery process. Essentially this is the gathering of evidence by both parties involved. After evidence is presented most cases resolve in a settlement, however, if no settlement can be reached, the case will proceed to trial.

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 factors that impact the final amount.

The Minnesota Attorney General’s Office recognizes that there is no way to truly calculate the average personal injury settlement, as there are so many variable factors. Every case depends on the severity of the injury, work loss compensation, and countless other factors. Minnesota however, has seen a 40% decline in work related injuries, meaning personal injury suits across the board have diminished in the past 15 years. On average, across the nation personal injury settlements range anywhere from $3,000-$75,000. You should note that Minnesota tends to fall in line with the national average.

If the other party has insurance, the insurance company likely wants to settle out of court. Likely 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 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. 

Minnesota does not have any caps on economic damages, like medical bills. However, there is a $400,000 cap on non-economic damages like pain and suffering.

Statute of Limitations in Minnesota 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 cases in Minnesota is two years. This means you have just two years from the date of your injury to file any relevant suit.

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 Minnesota Lawyer

Pursue a personal injury claim in Minnesota 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!