The likelihood of an accident occurring in a person’s lifetime is very high, and it is very likely to throw a person’s life off course, at least temporarily. To highlight just a few examples, a person may be involved in a car accident, may be injured in a slip and fall accident on a sidewalk, or may get hurt at work. It is of utmost importance to know what your rights are in a situation as such. If someone has turned your life upside down through negligence, you may be eligible for a personal injury claim. Personal Injury Attorneys in St. Paul, MN are available for consultation, and they are willing to walk you through all the legal intricacies while ensuring you get the due compensation. It is, however, important to note that legal steps may be vital, and it is important to know what steps to take beforehand.
Personal Injury Claim in Minnesota
Two main parties are at play in personal injury cases, and they are the defendant along the plaintiff. Personal injury cases also exist in the state of Minnesota, and are filed or claimed in cases where a single person suffers some injury due to negligence on the counters party’s side or a reckless act, or even intentional exposure to harm. A party suffers injury in the eyeball, and the other is the defendant. To expand, the plaintiff is entitled to compensation for all medical expenses, loss of pay, and pain and psychological stress they have to undertake whilst receiving treatment and rehabilitation, thus reimbursing all expenses incurred.
Minnesota follows a modified comparative negligence rule. This is to say that you are eligible to claim damages unless you are found to be 50% at fault for the damages. It is also, however, vital to state at this point that compensation claim payouts also stand to be reduced by the amount of your assigned fault.
Common Types of Personal Injury Cases in Minnesota
Different forms of incidents can be classified as personal injuries. Below are the most typical forms that give rise to claims in Minnesota.
1. Motor Vehicle Accidents
Car, truck, and motorcycle accidents are some of the personal injury cases most frequently encountered in Minnesota. With all Minnesota drivers having no-fault insurance, one can pursue further compensation from the at-fault driver if the injuries sustained are paramount or if the medical expenses reach a certain threshold.
Examples include:
- Distracted driving accidents.
- Drunk driving collisions.
- Rideshare (Uber/Lyft) crashes.
- Pedestrian and bicycle incidents.
2. Slip and Fall (Premises Liability)
If one slips, trips, or falls due to a person’s unsafe property, then one could be deemed to have a personal injury claim. The property owners have a legal duty to provide a safe environment for anyone entering their premises.
Some examples of these are:
- Wet or icy sidewalks
- Poorly lit stairwells
- Uneven flooring
- Cluttered walkways
3. Medical Malpractice
In the event a healthcare professional engages in excessive negligence and fails to provide proper healthcare to a patient, this could give rise to a Medical malpractice claim. Medical malpractice further includes, but is not limited to, wrong diagnosis, performing surgery incorrectly, and not providing proper medication or treatment.
4. Workplace Injuries
Most workplace injuries are covered by workers’ compensation. Some cases, however, allow for third-party claims. For instance, if your injury was due to equipment failure, you may sue the equipment’s manufacturer for compensation.
5. Product Liability
Under product liability, you may initiate a suit if you are harmed by a defective product. This includes everything unsafe household products and dangerous prescriptions.
What You Need to Prove in a Minnesota Personal Injury Case
As a plaintiff, you, along with your legal representation, need to prove four key elements to succeed in the claim.
- Duty of Care – The defendant owed you a legal duty. For example, a driver incurs a legal duty to the passenger.
- Breach of Duty – The defendant failed to meet that duty.
- Causation – The breach of duty resulted in an injury to you.
- Damages – You incurred actual injury. This may include medical expenses, lost earnings, and emotional distress.
Minnesota’s Statute of Limitations for Personal Injury
Like in many states, in Minnesota, the limit for filing a claim for an injury sustained is two years from the date of the injury. Certain claims, such as those of medical malpractice, cases with minors, and some others, have unique timelines. The deadline applies regardless of the circumstance.
When You Should Contact an Attorney
Although some cases may appear simple, insurance firms always attempt to minimize payments. That is why having qualified Personal Injury Attorneys in Minnesota, representing your corner, can tip the scales in your favor.
Attorneys can:
- Conduct a claimant investigation.
- Collect necessary information.
- Deal with the insurance companies.
- Represent you in any court proceedings.
The Importance of Professional Assistance in a Case
While your attorney performs the legal duties, you can gather your evidence, which includes your medical records, photographs of the accident scene, any witness statements, and your related expenses.
It is also interesting that some companies and law firms outsource some of their functions, such as legal marketing, to help create awareness of legal services and rights within society. This is important so that people can go to the right places when they need information.
Compensation You May Recover From Personal Injury Claims In Minnesota
The types of injuries you sustain, how they affect your life, and their severity, determine the compensation to be awarded. Eligible damages cover:
- The scope of medical treatment expenses, both intermittent and chronic, and their prognosis.
- Lost Work Productivity – both in the present and in the future.
- The prospective loss of income or wages in a documented profession.
- Psychological effects such as grief, anguish, or a reduced quality of life.
- Psychological Trauma.
- Asset damage arises in the context of vehicle accidents.
Final Thoughts
Understanding what constitutes a personal injury in Minnesota equips you with the necessary information to guide you in the aftermath of an accident. The law permits you to seek damages for injuries sustained during a vehicle collision, slip and fall accident, or medical malpractice. It is critical to act promptly, understand what you are entitled to, and obtain advice from a knowledgeable lawyer in the field to ensure you do not jeopardize your future.