Located in Anoka and Ramsey County in the Minneapolis-Saint Paul metropolitan area, the city of Blaine is known for its fast growth and family-friendly suburbs. However, despite its safe reputation, Blaine’s residents still suffer their share of personal injuries: car accidents, slip-and-fall incidents, medical malpractice, and other events that leave them with physical and emotional injuries, property damage, and unexpected financial problems.
Personal injury laws in Blaine exist to help people who were harmed because of someone else’s negligence or wrongful actions. However, navigating the process of filing a claim or a lawsuit can be daunting, especially if you’re still recovering from your injuries. Getting strong legal representation from a personal injury attorney in Blaine is crucial to protect yourself from being taken advantage of by insurance companies or the opposing parties and to negotiate the best outcome.
Hiring a knowledgeable and experienced Blaine personal injury lawyer can help you get a strong compensation amount that allows you to cover your medical bills and other expenses and get justice for the harm done to you.
How Do Blaine Personal Injury Claims Work?
In Blaine, Minnesota, the legal system allows individuals harmed by someone else’s negligence or wrongful actions to get compensation by filing a personal injury claim. To win the claim, the victim must prove the other party was responsible for the accident and the resulting injuries.
Depending on the specifics of the case, the victim can get compensated for various damages, such as medical expenses and pain and suffering. This usually happens out of court through a settlement but may go to trial, where a judge or jury will decide if and how much compensation the victim should receive.
Minnesota Laws Relevant To Personal Injury Cases
Any personal injury claim filed in Blaine is subject to Minnesota state law, which determines how these cases are handled.
Major Minnesota personal injury laws include:
- Modified comparative negligence: Also called the 51 percent bar rule, Minnesota’s modified comparative negligence law states that more than one person can be responsible for an accident, and a victim’s compensation will be reduced by their percentage of fault. If the victim is more than 50% at fault, they can’t receive compensation.
- Statute of limitations: The statute of limitations determines how long someone has to file a lawsuit. For personal injury cases in Minnesota, victims typically have two years to file, starting from the date they suffered harm.
- The “Some Damage” Rule: Minnesota is unique in that it doesn’t determine the statute of limitations deadline based on when the victim was first aware of the harm they suffered and who caused it. Instead, under the “some damage” rule, the deadline for filing a lawsuit is based on when the victim first suffered enough harm to sue.
- “No-Fault” Car Insurance: Minnesota is a no-fault state, which means Blaine residents usually have to seek compensation for car accident injuries through their own insurance, regardless of who was at fault. The victim can only file a claim against the other driver if they were badly injured.
- Personal injury damage caps: A cap is a limit to the amount of compensation a personal injury victim can get in court for certain kinds of losses. Minnesota doesn’t have any damage caps for personal injury cases.
Record-setting verdict attorney Chad K. Florin, M.B.A., LL.M advises, “If you aren’t sure how your injury or illness occurred, remember that in Minnesota, it’s your responsibility to find out who’s at fault in a timely manner. You can’t extend the statute of limitations to give yourself more time to figure that out. This makes hiring a lawyer soon after you realize you’ve been injured especially important.”
Who Is Eligible To File A Personal Injury Claim In Blaine?
Filing a claim in Blaine requires more than being injured in the city limits. Minnesota personal injury laws place the burden of proof on the victim to show that certain things happened if they want to successfully file.
The Blaine personal injury claim process requires the injured party to:
- Prove negligence or ill intent: The victim must show that their injuries happened as a direct result of the other party’s failure to provide reasonable care while doing something like driving a car.
- Be measurably harmed: The victim must prove they were harmed by the incident in some significant way, whether physically, financially, or emotionally.
In most cases, the person directly involved in the accident is the person eligible to file a claim in Blaine, but in some instances like wrongful death, the victim’s family can file instead.
Step-by-Step Guide to Filing a Blaine Personal Injury Claim
The steps involved in filing a personal injury claim in Blaine tend to be similar regardless of the type of injury you’ve suffered.
Step 1: Initial Consultation
It’s important to consult an experienced personal injury lawyer soon after you’re injured, even if you’re not sure you want to press charges or work with an attorney. Many lawyers offer free consultations where you can have a legal professional review the details of your case, determine if your claim is valid, and advise you on what to do next.
It’s crucial to properly understand your legal options before deciding what to do after an accident so you don’t miss out on compensation.
Step 2: Investigation and Evidence Gathering
If you hire a lawyer, they’ll thoroughly investigate your case to get any evidence they can find to support your claim, including police reports, medical documentation, witness and expert statements, and more. This will give you the best possible chance of winning a strong compensation offer.
Step 3: Filing the Claim
Next, your lawyer will file the proper paperwork and documentation with the insurance company or court, including the losses you’ve suffered, how much compensation you’re demanding, and all of the evidence you collected to back up your claim.
Step 4: Negotiation
Personal injury cases are usually settled out of court. Your lawyer will negotiate with the insurance company or at-fault party on your behalf to get you the best settlement possible.
Step 5: Litigation
Sometimes a settlement can’t be reached. In that case, the next personal injury claim step in the Blaine legal process would be to file a lawsuit in the Anoka or Ramsey County court, depending on your jurisdiction. Having a skilled lawyer by your side is more critical than ever at this stage, especially in the rare case you still can’t reach an agreement and the case goes to trial.
Your attorney will gather more evidence, prepare legal arguments in your favor, prepare witnesses and relevant experts, and more to convince the judge or jury to rule in your favor. The judge or jury will decide whether you’re given compensation and how much you’re awarded.
The attorneys at Florin|Roebig have won record-breaking verdicts for their clients in several courts across the country, with an average of more than $1 million in compensation per case. If you plan to file a claim in Blaine or anywhere else in Minnesota, you deserve quality representation. The experts at Florin|Roebig are standing by to help, so don’t hesitate to schedule a free case review today.
Common Types of Accidents That Lead to Personal Injury Claims in Blaine
Car Accidents
Car accidents are the most common personal injury accident type in Blaine, Minnesota. Anoka County, where most of Blaine is located, reported 3,788 crashes in 2023, which led to 1,343 injuries and 23 deaths.
These accidents often result from distracted driving, speeding, drunk driving, or other forms of negligence, causing injuries ranging from whiplash to traumatic brain injuries. It’s common for car accident victims to seek compensation for medical bills, vehicle damage, and lost wages.
It’s important to remember that car accident victims in Blaine can only pursue a third-party personal injury claim or lawsuit outside of Minnesota’s “no-fault” auto insurance system if they have at least $4,000 in medical expenses or have severe injuries like permanent disfigurement or at least 60 days of disability.
Slip and Fall Accidents
Slip and fall accidents are another common type of personal injury claim on both public and private property. They often occur because the property owner didn’t keep the premises safe. This might mean having wet floors without clear warnings, uneven sidewalks, or failing to keep up with property maintenance.
Workplace Accidents
Many Blaine accident claims involve workplace accidents, which happen when an employee is injured on the job. Injuries can occur due to exposure to dangerous materials, equipment malfunctions, falls, and more. In Blaine, injuries from these incidents are usually covered by workers’ compensation, but sometimes victims can also pursue a personal injury claim if negligence is involved.
Medical Malpractice
Medical malpractice covers cases involving negligence by healthcare providers that results in harm to a patient. This might include a misdiagnosis, mistakes during surgery, or prescribing the wrong dose of medication. Medical malpractice victims often seek compensation for the additional medical treatment they had to get, lost wages, and emotional distress.
Product Liability
Product liability cases involve injuries caused by defective or dangerous products that failed to function as intended. This can include anything from a malfunctioning vehicle part to unsafe medication. Generally, manufacturers and distributors are the ones held liable in these cases.
Dog Bites
In Minnesota, dog owners are strictly liable if their pet attacks and injures anyone, assuming that person didn’t provoke the dog and was somewhere they had permission to be when the attack happened. Dog bite victims often pursue compensation for medical treatment, pain and suffering, and lost wages.
What Injuries Qualify For A Personal Injury Claim?
Blaine injury claims can be made for many types of personal injuries, including physical, emotional, and financial harm.
Qualifying injuries for personal injury claims in Blaine include:
- Physical Injuries: Physical injuries, such as broken bones, traumatic brain injuries, and spinal cord injuries, are common personal injuries resulting from accidents like car crashes, workplace accidents, and slip and fall incidents.
- Emotional and Psychological Injuries: Common non-physical injuries include PTSD, anxiety, and depression related to the accident. These injuries can have a major impact on the victim’s daily life and can lead to financial strain from missed work, therapy, etc.
- Chronic and Long-Term Injuries: Some injuries last far beyond when the accident occurred, including permanent disabilities and chronic pain. These issues often affect the victim’s ability to live independently and may require long-term medical and domestic care, a lowered quality of life, and impact intimate relationships.
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What Damages Can Be Claimed in Blaine Personal Injury Cases?
Victims can seek compensation for different types of damages in personal injury cases, depending on the circumstances of the accident. These damages exist to help victims recover both financially and emotionally.
Valid Blaine personal injury damages include:
- Economic Damages: Injuries often lead to financial losses from medical expenses, lost wages from time away from work, property damage, and more. Economic damages are meant to make up for those losses.
- Non-Economic Damages: While money can’t make the suffering caused by the accident go away, non-economic damages exist to acknowledge and compensate victims for less physical losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In rare cases, punitive damages may be awarded to a victim who suffered because the at-fault party was particularly reckless or malicious, with a clear disregard for the victim’s wellbeing. These damages exist to punish the other party and discourage others from doing the same.
Personal injury attorneys will often identify and seek several types of damages to get you the maximum compensation for injury claims.
Best Personal Injury Lawyers in Blaine
When choosing a lawyer, consider the following criteria:
- Experience: The best Blaine personal injury lawyers have a lot of experience. They are well-versed in the complexities of Minnesota law and are comfortable representing clients in both settlement negotiations and trials.
- Track record: Make sure the attorney you’re considering has secured strong outcomes for several past clients. Ask for client referrals and details of the lawyer’s successful cases, such as how much compensation their clients won.
- Client testimonials: Look for positive reviews and testimonials for the law firm and lawyer you’re considering. They can give you valuable insight into the lawyer’s skills and how they work with their clients.
- Areas of specialization: It’s important to choose a lawyer who specializes in personal injury and who has experience with your specific case type (slip and falls, car accidents, etc.). This will ensure your lawyer knows the nuances of the laws surrounding the incident, how to gather strong evidence, etc.
Florin|Roebig has been representing personal injury victims for over 35 years and has a proven track record of success to show for it, having won more than $1 billion in total compensation. Our personal injury attorneys are committed to getting the best outcomes for our clients.
If you were unfairly harmed in Blaine, Minnesota, don’t leave vital compensation on the table. Reach out to our legal team today for a free case review and receive Florin|Roebig’s personal injury expertise.
Practical Advice For After A Personal Injury
It can be hard to know what to do after an injury, but following these Blaine personal injury tips can help protect your health and any claims you decide to pursue.
After a personal injury:
- Seek Medical Attention: After an accident, your and your loved ones’ health should always come first. If you’re injured, seek medical attention immediately. Even if you think you’re okay, it’s best to get a medical evaluation within 24 hours of the accident. This will help you recover as fully as possible and provide a clear record of your injuries if you pursue a claim later.
- Document Everything: Keep records of injuries, treatments, and any expenses related to the accident. This will help you build a strong personal injury case by proving the extent of your losses.
- Communicate with Your Lawyer: Don’t hold anything back from your lawyer and communicate regularly so they can build the strongest case for you and plan for any issues the other side may try to use against you.
- Avoid Common Mistakes: Make sure you avoid doing anything that could hurt your case such as posting about the accident on social media, apologizing to the other party (suggesting the accident was your fault), or speaking to the other party’s insurance company without getting legal advice first.
Frequently Asked Questions
What is the statute of limitations for filing a personal injury claim in Blaine?
Blaine follows Minnesota’s statute of limitations laws, which are two years from the date you became aware you were injured for most personal injury cases. However, deadlines vary.
How long does it take to settle a personal injury case?
Usually between six months to two years, but timelines vary considerably depending on the type and complexity of the personal injury, how open both parties are to settling, and whether or not the case goes to trial.
Do I have to go to court for my personal injury claim?
Not necessarily. Most personal injury cases in Minnesota are settled out of court, though you may have to file a lawsuit with the court to pressure the other side to settle. In rare cases, if you still can’t reach a settlement, your lawsuit may go to trial.
What if I am partially at fault for the accident?
If you’re partially at fault, under Minnesota’s modified comparative negligence rule, you’ll lose compensation equal to the percentage of fault you bear. If you’re more than 50% responsible, you can’t receive any compensation.
How are personal injury lawyers paid?
Blaine personal injury lawyers are usually paid on a contingency fee basis, where they only get paid if you win your case. They generally take around a third of the final settlement or jury award.
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How To Get Help From Florin|Roebig Attorneys
Florin|Roebig’s Blaine personal injury lawyers are eager to help by providing free consultations and top-tier representation throughout Minnesota.
During your Blaine attorney consultation, you can expect:
- A case review: You’ll be asked in-depth questions about your accident and injuries and how they’ve affected you. This will help determine the scope of your case.
- Legal advice: After your case review, you’ll be advised on your legal rights regarding the case, how likely your claim is to be successful, how much compensation you’re likely to receive if you win, and related details.
- Strategy discussion: If your case seems like a good fit, your lawyer will go over broad strategies you could take to get compensation.
- Fee discussion: You’ll be told how costs work (a contingency fee) and have the opportunity to ask questions.
Each of our clients receives a personalized legal strategy tailored to their needs. To learn more about how Florin|Roebig’s attorneys provide quality personal injury legal help, read about the $1.9 million car accident personal injury case we won for a client in Cass County, Minnesota.
If you are interested in seeking legal advice from our legal team, you can contact our offices to schedule an appointment.
- Our website, florinroebig.com, has an option for requesting more information.
- You can call our phone number 24/7
- Or you can reach us at an office near you below.
Florin|Roebig office address:
7760 France Avenue South
Suite 130
Minneapolis, Minnesota 55435
Between determining who’s at fault for your injuries and how to prove your various damages, it can be difficult to navigate the personal injury claims process in Blaine. Personal injury lawyers can cut through the confusion and overwhelm and help you get the best possible result for your case.
Whether you were injured in a slip and fall accident, a car crash, a case of medical malpractice, or another incident, Florin|Roebig’s team of experienced lawyers is ready to help you get the compensation you deserve. Reach out at any time to schedule your free and confidential case review.