If you are a victim of an accident in Minnesota that occurred due to the negligence of another person, you are entitled to make a personal injury claim. If you are seeking to file a lawsuit for the compensation of your loss, you may need the assistance of a professional personal injury attorney.
Statute of Limitations
Just like every other state, Minnesota has its own rules to limit the amount of time in which an injured person can file a claim for compensation. In the state of Minnesota, the statute of limitations time is TWO YEARS for most personal injury cases. For medical malpractice and product liability cases it is 4 years, and for wrongful death cases it is 3 to 6 years, depending on the circumstances. After the statute of limitations has run out, you are no longer able to file a claim in the court.
Motor Vehicle Insurance Policies in Minnesota
Minnesota falls in the category of ‘No Fault’ for determining who is at fault for an accident or injury. The law under this policy allows injured people to seek compensation from their own insurance company, regardless of who is at fault in the accident. To bring their case to the court in Minnesota and sue the at-fault party, the injured party must meet certain requirements:
- They have suffered expenses of more than $ 4,000 in medical expenses, and/or
- They have suffered a permanent injury, disability, or disfigurement permanently for at least 60 days
Discovering Fault in Personal Injury
Normally, the negligent party is at fault in personal injury claim. But if the injured person is found to be at least partially at fault, Minnesota laws reduce the compensation to be received by the victim. This means that Minnesota follows what is known as modified comparative negligence fault.
Let’s take an EXAMPLE: Suppose a girl Jennifer is hurrying into the mall to catch her favorite movie before it starts. Suddenly she slips on a puddle of melted ice cream. Since the floor should have been cleaned, the mall authorities were 80 percent at fault but as Jennifer was hurrying and didn’t take time to be aware of her surroundings, she was found to be 20 percent at fault as well. The compensation amount that would have been $10,000 gets reduced to $8,000.
Damage Caps in Minnesota
For non-economic damages, Minnesota have a cap of $400,000 for personal injury cases. Nonetheless, if you have suffered a personal injury due to the actions of another party, such as an injury from a slip and fall incident or a car accident, you should consult with a Minnesota personal injury attorney to discuss how to recover any losses you may have incurred.