Experienced personal injury attorneys, such as ours at Florin|Roebig, can help you with every step of the process, making the task of filing a claim simple and easy.
Having the right legal representation during an accident claim can make the difference between an unsuccessful lawsuit and one in which you receive maximum compensation for damages you have suffered.
How Do Minnesota Personal Injury Claims Work?
If someone wrongfully injures you in the state of Minnesota, filing a personal injury claim usually kicks off the process of getting compensation. While every case is different, getting compensated tends to follow the same big picture steps:
- Someone harms you: You get injured by another person or entity such as a business. For example, maybe your car was hit by another driver or you slipped and fell on a spill in a store.
- You suspect you were wrongfully harmed: You believe that you were harmed because of someone else’s negligence (carelessness) or wrongdoing. Many people reach out to a personal injury lawyer at this point to see if they have a strong case.
- You file a personal injury claim: You or your lawyer file a personal injury claim against whoever you believe is liable (legally responsible) for your injuries, asking for compensation. The liable party might be the person who directly caused the accident, their insurance company, or another entity like a third-party business.
- The parties involved try to reach a settlement: The opposing parties go back and forth out of court in a process known as negotiations, trying to reach an agreement (called a settlement) on how much should be paid.
- A personal injury lawsuit is filed: If no settlement can be reached, the injured party files a personal injury lawsuit in the appropriate Minnesota court with you as the plaintiff and the liable party as the defendant. Filing a lawsuit puts pressure on the other party to agree on a fair amount of compensation before they get involved in an expensive and unpredictable trial.
- A settlement is reached or the case goes to trial: If the opposing parties can’t reach a settlement, the case goes to trial. This means a judge or jury will decide who’s at fault and how much, if anything, you’re owed. If they decide the defendant is liable, they’ll award you damages—monetary amounts that are supposed to make up for the different losses you suffered (medical expenses, pain and suffering, etc.).
To receive compensation for a personal injury case in the state of Minnesota, the injured party (the plaintiff) must prove that the opposing party (the defendant) is liable for paying damages due to a breach of legal duty of care. This means that someone caused harm because they were not doing what a reasonable person would do in that situation. For example, a car driver has a legal duty to pay attention at the wheel.
Minnesota law recognizes three different types of personal injury liability:
- Negligence: When the defendant’s failure to exercise reasonable care (negligence) caused the plaintiff’s injuries.
- Intentional Injury: When the defendant intentionally harmed the plaintiff, such as in the case of battery or assault.
- Strict Liability: When the defendant is responsible for the plaintiff’s injuries regardless of whether or not they acted carelessly or intentionally. This often applies when a manufacturer’s faulty product harms someone who used the product as intended.
In most cases, in order to win a personal injury claim, the plaintiff has the burden of proof. This means it is up to the plaintiff to prove that the defendant was negligent or otherwise responsible for the harm the plaintiff suffered.
Insurance Companies
Insurance covers many personal injury incidents in Minnesota, such as slip and fall cases on business premises, but it most commonly comes into play in car accident cases.
Minnesota is a no-fault state. This means that if you get into a car accident, your car insurance coverage (known as “personal injury protection” or “PIP in Minnesota) is responsible for covering medical bills and other financial losses. This streamlines the process of dealing with car accident cases and relieves the burden on Minnesota courts.
However, PIP does not cover every type of loss you may suffer due to an accident, such as pain and suffering and other non-monetary losses. The costs associated with your injuries may also be much higher than the amount covered by PIP. In cases like these, pursuing a personal injury claim or lawsuit and seeking experienced Minnesota lawyers may help you get the full amount you’re entitled to.
Settlements
If you are injured in the state of Minnesota, you and your lawyer will most often go back and forth with insurance company lawyers or the lawyers of the defendant to try and reach an agreement (a process called negotiations) on how much you will be compensated for without going to trial. This is called a settlement. Most personal injury cases end in settlements.
Step-by-Step Guide To Filing a Minnesota Personal Injury Claim
Filing a personal injury claim can be a daunting but essential step to getting one’s life back together after an accident. Thankfully, experienced Minnesota attorneys can guide you through the laws, dealing with insurance companies, and navigating the details of your claim.
The following are some common steps involved in filing a personal injury claim in Minnesota:
1. Document Injuries and Other Evidence
The more evidence you can gather at the scene of the accident, the stronger your personal injury claim may ultimately be.
Here are some ways to document evidence:
- Collect photo evidence of any physical injuries, property damage, etc.
- Get the contact information of anyone who witnessed or was involved in the incident.
- Exchange insurance details with anyone else involved, if applicable
- Wait for the police to arrive at the scene and cooperate as much as you can to create a detailed report
Remember that documenting evidence should not put your safety or health at further risk. Remove yourself from any dangerous situation and get medical attention immediately if you need it.
2. Seek Legal Representation
An experienced Minnesota personal injury lawyer can help you through every step of your claims process and make sure you don’t miss any vital steps, so reaching out early is helpful.
Many lawyers, including those at Florin|Roebig, offer free consultations to determine if you have a strong case and make sure that filing a claim is the right thing to do before you begin the complex and time-consuming process of seeking compensation.
Furthermore, if a personal injury lawyer agrees to take your case, they will work on a contingency plan, which means they take a percentage of what you win rather than charging hourly.
“It may sound trite, but your health really is your most valuable asset and no amount of money can bring it back. Seeking medical care after an accident is crucial for making sure you recover as much as possible as well as for creating a vital record of your injuries.”
3. Gather and Organize Evidence
The more evidence you can gather that supports your claim, the stronger your case will often be. This can result in more compensation and less time waiting for that compensation.
Evidence may include a copy of an accident report, interviews with witnesses, medical records, security footage, receipts from expenses related to the accident such as at-home care, and more. In addition, your lawyer may advise you to keep track of your day-to-day living situation after the accident in writing or to prepare other documents that show the extent of your injuries.
4. Notify the Parties Involved
Before a personal injury case goes to court, filing a demand letter often kickstarts the process of negotiating a settlement. A demand letter is a brief letter that:
- Notifies the relevant parties that you are seeking compensation for damages related to your accident
- Demands fair payment for your losses
- Details the extent of those losses
- Explains why the other party is responsible
- Specifies the amount you think is fair to fully compensate you.
An experienced attorney can help you determine who is liable for your injuries, how much to ask for, help you gather and present the evidence, and clearly and effectively argue for a strong settlement amount.
Regardless of the other party’s response, starting with a demand letter is a good way to move on to the next step in the claims process.
5. Negotiate with Insurers
Once you file a claim, the law office you are working with will take over all communication related to your case. They will gather any necessary documents and information and use their expertise to determine how much money you should seek as compensation.
Generally, a negotiation happens between you, your lawyers, and the liable party. Offers and counter-offers are traded until a settlement is reached that satisfies both you and the liable party.
6. File a Lawsuit
If you and the liable party are not able to agree on a settlement amount out of court, the next step is to file a personal injury lawsuit before the statute of limitations runs out. In Minnesota, that means filing a lawsuit within two years of the accident. In most situations, you’ll file your personal injury lawsuit in the Minnesota county where the person you’re suing lives.
A lawyer experienced with navigating the Minnesota court system will have plenty of experience filing a lawsuit correctly.
Filing a lawsuit does not necessarily mean you will go to trial. What it does do is pressure the other party to come to the table with a reasonable settlement amount.
7. Go Through Pretrial Discovery
Once you file a lawsuit, you’ll enter the process of pretrial discovery in which each party exchanges information with the other. This may include cross-examining witnesses, submitting written questions to the other party, and demanding to see documents and physical evidence. Often, the opposing party will choose a doctor and ask you to submit to an independent medical exam from them.
8. Try to Reach a Settlement
If both parties still can’t decide on a fair settlement after the discovery process, Minnesota trial courts will often push parties to use Alternative Dispute Resolution (ADR) processes. During ADR, a neutral third party will try to help both sides reach an agreement before going to court.
If you do reach an agreement, whether through mediation or before that point, your lawyer will write a settlement contract for both parties to sign. Signing a settlement agreement in Minnesota means you will no longer pursue damages for the incident and the opposing party will pay the amount agreed upon.
9. If a Settlement Cannot be Reached, Go to Trial
In a very small percentage of cases, a settlement cannot be agreed on out of court and a personal injury lawsuit goes to trial.
The possibility of a lawsuit is always on the table when a personal injury claim is filed. If your case does go to court, you’ll be happy to have a legal team of experienced Minnesota trial lawyers on your side with a track record of favorable court decisions.
Florin|Roebig has won countless landmark jury verdicts and is one of the largest personal injury law practices in Minnesota. Reach out today for a free case evaluation.
Common Types of Accidents That Lead to Personal Injury Claims in Minnesota
Minnesota is known for its breathtaking outdoor spaces, extreme winters, and for being the “Land of 10,000 Lakes,” which leads to many outdoor accidents in addition to the more common car accidents and slip and fall incidents.
In 2023 alone, the Minnesota Department of Natural Resources received 323 reports of personal injuries from off-highway motor vehicle accidents and 102 from snowmobile accidents.
Types of accidents that often result in personal injury claims in Minnesota include:
- Car accidents
- ATV/OHM, and snowmobile accidents
- Biking accidents
- Dog bites
- Slip and fall incidents
- Workplace injuries
- Medical malpractice
- Product liability cases
- Hunting incidents
- Outdoor recreation accidents
- Boating accidents
These and other accidents led to almost 2,000 “major” personal injury cases in Minnesota trial courts in 2023.
It’s important to know that when someone is injured in a workplace accident, this will usually result in a worker’s compensation claim — which is different from a personal injury claim.
What Injuries Qualify for a Personal Injury Claim?
Whenever someone is injured during an accident that results from another party’s negligence, they can file a personal injury claim. Injuries can range from minor to severe, but damages will likely be higher for more serious injuries.
Some of the most common injuries that lead to Minnesota personal injury claims include:
- Disfigurement
- Dismemberment
- Broken bones
- Scarring
- Neck injuries
- Back injuries
- Head injuries including traumatic brain injury
- Whiplash
- Spinal cord injuries
- Chest injuries
- Wrongful death (fatality)
Any costs or damages related to your injury can be listed on a personal injury claim. A lawyer can help you understand what damages you can seek and assist you in getting maximum compensation for your losses.
Our Featured Case Results
What Types of Damages Can You Be Compensated For in a Minnesota Personal Injury Case?
Personal injury law in Minnesota covers a wide area, from car and snowmobile accidents to defamation, but the damages (monetary compensation for your losses) you can obtain from a personal injury case in the state fall into a few broad areas:
- Economic damages: Economic damages are paid to the plaintiff to make up for money lost due to the injuries they suffered, such as medical expenses, lost wages, future loss of income, at-home care, etc.
- Non-economic damages: Non-economic damages cover other types of losses suffered by the plaintiff in a personal injury case, such as pain and suffering and emotional distress.
- Punitive damages: In rare cases, courts in Minnesota may order a defendant to pay extra money to the plaintiff beyond what the injured party requires to be “made whole.” Punitive damages are a form of punishment for the defendant’s actions. According to Minnesota statute 549.20, these damages, known as punitive damages, are only awarded to the plaintiff if there is “clear and convincing evidence” that the defendant showed “deliberate disregard for the rights or safety of others” when they injured the plaintiff.
Best Personal Injury Lawyers in Minnesota
If you are thinking of filing a personal injury claim in Minnesota, having a team of award-winning lawyers by your side will help you get the most compensation possible.
The team of attorneys at Florin|Roebig has been providing their legal services to those in need for over 30 years. We are backed by excellent client testimonials and numerous awards and recognitions, including being named in the National Trial Lawyers’ Top 100 list.
We serve clients residing anywhere in the state, including the Twin Cities area of St. Paul and Minneapolis, MN.
We offer several areas of expertise, including:
- Case evaluation
- Legal representation
- Negotiation with insurance companies
- Litigation support
Our practice areas include all types of personal injury cases, from car crashes and other vehicle accidents to property liability and more. The team at Florin|Roebig includes several experienced and capable attorneys serving the Minnesota area, such as:
- Luca G. Esposito
- Chad K. Florin, M.B.A., LL.M.
- Neil P. O’Brien, M.B.A.
- David C. Schinas
- Kevin L.M. Stevens
- Andrew M. Leone, O.C.
- Nicholas S. Costantino
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Shaun M. Cummings
- Parker Y. Florin, LL.M.
- John J. Hart
- Taylor D. Roebig
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Nollys R. Solarte, O.C.
“The people I fight for have been hurt—seriously, wrongfully hurt. When we finally reach a settlement or a verdict and my clients learn what their compensation is, you can literally see what a difference that makes beyond the practicalities of covering all their expenses. That money acknowledges that they suffered and they shouldn’t have and that means so much. That’s closure and justice.”
Client Success Stories
Florin|Roebig has a proud history of victim advocacy. Since 1986, we have repeatedly set records for multi-million-dollar verdicts on behalf of our clients, totaling over $1 billion in results. Here are a few stories from our clients.
$1.9M Settlement Obtained in Minnesota Car Accident Case
We reached a $1.9 million settlement on behalf of our client, who was severely injured after the van he was a passenger in struck the car in front of it, causing the van to roll onto its passenger side.
$7.6M Jury Verdict in Premises Liability Case
After being seriously injured after falling into a ground spa pool that had been emptied without notice, our client was awarded a $7.6 million jury verdict—potentially one of the largest jury verdicts in Clearwater, Florida courthouse history.
We are a law firm with a long history of achieving results for our clients. Our Minnesota attorneys and staff members are dedicated to giving each client an experience tailored to their legal needs.
If you are the victim of an accident in Minnesota, you may be eligible for compensation. Reach out for a free case evaluation.
Practical Advice for After a Personal Injury
If you find yourself dealing with the aftermath of an accident in Minnesota, here are some practical tips and advice for navigating this difficult situation.
Seek Medical Attention
When an accident happens, seek medical care as soon as possible. It is important to make sure you are not in danger of additional harm and that you get any injuries treated before you worry about anything else. Not all injuries make themselves known right away and seemingly small injuries can get worse if not properly treated in time.
Not only can medical professionals find and treat your injuries—you will also have medical records that can serve as crucial evidence in a personal injury case. In addition, the other party may question the extent or severity of your injuries if you choose to not get immediate medical attention.
If you did not seek medical attention right away because you thought you were fine but realized some time after the accident that you did sustain injuries, do not hesitate to see a medical professional as soon as possible.
Preserve Evidence
Keep track of any bills, emails, messages, pictures of injuries and damage to property, and other evidence related to your accident. It is also essential to exchange contact information with anyone who saw what happened. Try to identify possible cameras that may have captured the moment of the accident or the moments before or after it.
Make sure to gather all of the evidence you have and keep it somewhere safe that you can easily find later. Any or all of this can be crucial to getting as much compensation from your personal injury claim as possible.
Communicate with Insurers and the Other Party
This is especially relevant for car accidents. Let your insurer know you have been in an accident as soon as possible—before you have left the scene of the accident. Contacting your insurer later may cause you to receive less compensation.
If you are well and able to do so, also exchange contact information with the other party involved in the accident.
However, be careful with how you communicate with insurers and the other party. A simple statement may cause the other party’s insurer to declare you partially or entirely at fault for the accident and put you at risk of not receiving the damages you are entitled to.
Protect Your Legal Rights
Contacting an attorney after an accident is one of the most important steps you can take. An attorney will work with you to determine if you have a strong case and if so, how much compensation you should pursue. They will guide you through the entire legal process to ensure you get as much compensation as possible.
Frequently Asked Questions
What do you have to prove in a Minnesota personal injury claim?
If you are pursuing a personal injury claim in Minnesota, you must prove that you were injured and that the person you’re naming in the claim was liable for your injuries. That usually means proving that the named party was negligent, though it might also mean they intended to harm you or produced a faulty product.
I was injured due to weather-related conditions in Minnesota. Can I receive compensation?
If you are injured on the premises of a business due to, for example, slipping and falling on a patch of ice or melted snow, you may be entitled to compensation. Minnesota is known for its harsh winters, which result in heavy snow and ice. Businesses can predict that their premises may contain slippery ice and melted snow and may have a duty of care to make sure those premises are reasonably safe. Companies hired to maintain the premises may also be at partial or complete fault if you are injured.
How long do I have to file a personal injury claim in Minnesota?
Under Minnesota’s No-Fault/PIP insurance policy, you usually have about six months to file a claim after a car accident.
For a personal injury lawsuit, Minnesota’s statute of limitations gives you six years from the time of your accident for incidents involving negligence (such as car accidents) and two years for intentional harm (such as assault and battery).
It is important to recognize that filing a claim is not the same as filing a lawsuit; the deadline for each may be different depending on your situation. Speak to an attorney to make sure you don’t miss any legal deadlines.
How much compensation for personal injury will I get in Minnesota?
The amount of compensation you’ll get for your injuries in the state of Minnesota can vary considerably depending on how severe your injuries were, how much the accident cost you, how much evidence you are able to present, and to what extent you are found to be at partial fault for the accident.
Speak with an attorney to determine the amount of compensation you may be eligible to receive.
Does my insurance pay my personal injury costs? Why would I need a lawyer?
When it comes to traffic accidents, Minnesota is a no-fault state, which generally means you can expect to file a claim with your own insurance company after an accident no matter who was at fault.
However, there are several reasons why it’s a good idea to hire a personal injury attorney. For one, the extent of your medical costs may be a lot higher than the amount covered by your insurance. You also deserve to be further compensated for the suffering you went through due to an accident someone else carelessly caused, which is not covered by insurance.
Insurance companies have an interest in trying to pay less than the injured person should be compensated for, but an experienced lawyer will know roughly how much you should expect in your particular case.
Perhaps most importantly, pursuing a personal injury claim with the help of a lawyer can make people think twice before doing something reckless that may harm others in the future. It also holds the at-fault party responsible for their negligence.
How Long Will It Take Me to Receive Compensation?
It can take a long time to receive compensation from the time of the accident to the time money damages are awarded to you. Most personal injury claims end in settlements, which are generally much faster than lawsuits to resolve. Settlements generally take around a few months to a year or even longer.
Are Personal Injury Lawyers in Minnesota Expensive?
Most personal injury lawyers, such as those at Florin|Roebig, do not charge an upfront fee for their services. Instead, they take a percentage (generally around 33%) of the total compensation you receive from a personal injury case. That means that you only pay if you receive compensation.
We Are Nationally Awarded Lawyers
How to Get Help from Florin|Roebig Attorneys
If you or a close loved one has been injured in an accident in Minnesota and it doesn’t fall under workers’ compensation laws, you may be entitled to compensation through a personal injury claim.
Medical expenses, pain and suffering, and other losses may be eligible for compensation. An experienced and accredited Minnesota personal injury lawyer can walk you through the process of filing a claim and help you win a fair settlement for your damages.
Contact the offices of Florin|Roebig today to schedule your free case evaluation and explore your legal options with experienced Minnesota personal injury attorneys.
Minnesota
Minneapolis Office
7760 France Avenue South
Suite 130
Minneapolis, Minnesota 55435
(800) 226-6581
Personal injury claims in Minnesota can be tricky to navigate. It can be difficult to determine who is at fault for your injuries, how much you are entitled to based on factors like partial fault and the extent of your injuries, and the best way to receive a fair amount of compensation. However, an experienced Minnesota attorney can illuminate the process for you and take care of much of the legal legwork.
Whether you were harmed in a boating accident on one of Minnesota’s thousands of great lakes, a slip and fall incident on or off the ice, or an all too common car accident, reach out to our top-rated Minnesota personal injury law firm to see if you are entitled to compensation.
