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.
Factors That Affect Minnesota Personal Injury Claims
Several factors can affect your personal injury claim. Understanding these different puzzle pieces is critical for injury victims looking to file a claim.
The At-Fault Party
When an accident occurs, the at-fault party is determined as the party who was responsible for causing the accident.
Sometimes, it is not immediately clear who the at-fault party is. Other times, there may be contention over who is at fault in an accident.
Having an attorney with years of experience from a personal injury law firm is critical when determining the at-fault party. Your lawyer can help you determine who is to blame for an accident and clearly demonstrate that a party was at fault in court, if needed.
Liability
Believe it or not, the at-fault party is not always liable for paying damages to an accident victim.
A simple example of this would be a car accident. While a driver might be at fault, their insurance company will likely be the liable party when it comes to paying for damages.
Minnesota is a no-fault state, meaning that your own insurance company will pay for damages resulting from a car accident, motorcycle accident, or truck accident. However, damages often exceed your insurance coverage, and hiring a lawyer can help you get any compensation you deserve that isn’t covered under your insurance.
Negligence
In many personal injury cases, negligence plays a central role in determining what damages can be sought and how much a person should be compensated after an accident.
Negligence occurs when a party acts in a way that they know, or should know, puts others in harm’s way. Negligence can occur in a variety of ways, from a person driving while under the influence of alcohol to a hotel owner failing to adequately mark an obstacle on their property.
Personal injury lawyers are experts at demonstrating whether negligence was present during an accident, and whether it led to the accident and any resulting injuries. Demonstrating these elements clearly is an essential part of making the strongest personal injury case for yourself.
Type of Injury
The value of the compensation you receive from a personal injury claim will be determined by the extent of the damages you have suffered.
In general, serious injuries lead to higher settlement amounts or judgments, because they incur higher medical bills and greater disruptions of daily life.
Statute of Limitations
The state of Minnesota limits the amount of time you have to file a personal injury claim after your accident occurs.
From the date of your accident, Minnesota law states that you have two years to file a personal injury claim.
What Accidents Can Lead to a Personal Injury Claim?
Personal injury claims can result from most accidents in which a person is injured and/or suffers mental or emotional harm.
As long as negligence on someone’s behalf leads to the accident, accident victims can file a personal injury claim.
Common types of accidents in Minnesota that lead to personal injury claims include:
- Car accidents
- Trucking accidents
- Motorcycle accidents
- Rideshare accidents
- Dog bites
- Bicycle accidents
- Assault and battery
- Premises liability
- Product liability
- Medical malpractice
- Slips and falls
- Wrongful death
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.
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What Damages Can Be Claimed in Minnesota Personal Injury Cases?
When you suffer an injury in an accident, it can affect your life in a number of different ways. Minnesotans who file a personal injury claim can seek compensation for costs related to the injury and any mental and emotional harm that results.
Since injuries can impact your life in many ways, damages sought in personal injury claims tend to go beyond the obvious costs like medical bills and lost wages. Any pain or suffering you experience due to your injuries is also eligible for compensation.
The three main types of damages in Minnesota personal injury cases are compensatory, general, and punitive.
Compensatory Damages
Compensatory damages are what most people think of when they consider personal injury claims. These damages are meant to compensate claimants for financial losses that they endure as a result of their accident.
Common compensatory damages include medical bills (both past and projected), property damages, and lost wages (from not being able to work after an accident).
A lawyer will gather records related to your accident and your financial situation. They will help you build a strong case to ensure that you receive the compensatory damages you deserve.
General Damages
General damages are more complex than compensatory damages, but they can be an equally significant part of your personal injury claim.
Losses such as mental health disruptions, pain and suffering, and other emotional and mental impacts to your life that occur as a result of your injuries can be claimed as general damages.
An experienced lawyer can help you to determine all the ways in which an injury has impacted your life and ensure that you receive compensation for all of these impacts.
Punitive Damages
In Minnesota, punitive damages are sometimes awarded as a way of punishing the at-fault party for their negligence or actions which led to the accident. You can’t claim punitive damages. Instead, they are sometimes awarded by a judge if your case goes to court.
Step-by-Step Guide to Filing a Personal Injury Claim in Minnesota
Filing a personal injury claim can help you get your life back on track after an accident. But doing so is not always straightforward.
Navigating laws, insurance companies, and details of your claim is a daunting task. Fortunately, experienced attorneys in Minnesota are available to offer legal advice and guide you through the process.
The following are the most common steps along the way to filing a Minnesota personal injury claim.
Step 1: File Your Claim
Many lawyers, including those at Florin|Roebig, offer free consultations to assess your case and make sure that filing a claim is the right thing to do.
After your free case evaluation, your lawyers will help you file an official claim, which notifies the liable party that you will seek compensation for damages related to your accident.
Sometimes, determining the liable party is not as straightforward as it seems. An experienced attorney can help you sort through the information related to your case and get started on your claim.
Step 2: Negotiate a Fair Settlement
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.
Step 3: File a Lawsuit
In cases where you and the liable party are not able to agree on a settlement amount, the case may proceed to court.
In order to move your case to court, you must file a lawsuit against the liable party.
Step 4: Defend Your Case in Court
The possibility of a lawsuit is always on the table when a personal injury claim is filed. You will be happy to have a legal team on your side with experienced trial lawyers and a track record of favorable court decisions if your case does go to court.
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 out of your claim.
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 to 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.
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, including:
- Wil H. Florin, B.C.S.
- Tommy D. Roebig, B.C.S.
- Chase P. Florin, B.C.S.
- Luca G. Esposito
- Neil P. O’Brien, M.B.A.
- Shaun M. Cummings
- Chad K. Florin, M.B.A., LL.M.
- Parker Y. Florin, LL.M.
- Nicholas S. Costantino
- John J. Hart
- Taylor D. Roebig
- Andrew M. Leone, O.C.
- Michael A. Ossi, O.C.
- Lawrence J. Najem, O.C.
- Nollys R. Solarte, O.C.
We Are Nationally Awarded Lawyers
Get in Touch With Experienced Minnesota Personal Injury Attorneys Today
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 can 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 speak with an expert and schedule your free initial consultation.
