Moorhead, Minnesota, located in Clay County, is proud of its small-town feel and big-city amenities. Moorhead has just over 45,000 residents and is the largest city in Northwest Minnesota. Although it is well known as a safe and friendly community, Moorhead residents sometimes fall victim to injuries caused by the reckless or careless actions of others.
Fortunately, Clay County and Minnesota laws allow personal injury victims to seek compensation from those responsible for their injuries through the civil court system.
Navigating the courts can be difficult, especially for those who have never had contact with the legal system before. Seeking legal representation after an injury helps victims understand their options for compensation, reduces the stresses associated with filing a lawsuit, and maximizes the potential for compensation.
For many, finding the right personal injury attorney in Moorhead can make all the difference— especially in complex cases.
How Do Moorhead Personal Injury Claims Work?
Minnesota personal injury laws are based on a foundation of proving negligence. To be negligent in the context of a personal injury lawsuit is any action—or lack thereof—that shows a lack of reasonable care. If you have been harmed due to the negligence of another party in Moorhead, you may be eligible to file a personal injury claim.
In personal injury claims, the burden of proof is on the claimant, meaning the victim is responsible for proving the negligence of the entity that harmed them. Successful personal injury claims require significant documentation to prove the harm done and justify the compensation requested.
Most claim compensation is monetary and is meant to compensate the victim for the tangible and intangible losses they have suffered due to their injuries. When filing a claim in Morehead, it’s important to remember that most personal injury claims are settled out of court. Only a tiny fraction of personal injury claims ever go to trial.
Minnesota Laws Relevant To Personal Injury Cases
The Moorhead personal injury claim process is governed by several laws unique to Minnesota. Understanding these rules is vital as they can significantly affect how personal injury cases are handled.
Major Minnesota personal injury laws include:
- Modified comparative negligence: In some cases, the victim may be partially responsible for the accident. In Minnesota, modified comparative negligence ensures that you are still eligible for compensation if you are not more than 50% responsible for the accident.
- Statute of limitations: The statute of limitations for most Minnesota personal injury cases is two years. Exceptions exist for specific types of personal injury lawsuits where additional time may be required for filing.
- The “Some Damage” Rule: The “Some Damage” rule states that the statute of limitations in personal injury cases begins when the claimant first experiences harm, not when that harm is first discovered.
- “No-Fault” Car Insurance: Minnesota’s no-fault car insurance policy requires residents to seek compensation from their own insurance company following an accident unless the injuries and damages are severe.
- Personal injury damage caps: Minnesota has no personal injury damage caps limiting potential compensation as of 2024.
Florin|Roebig attorney Chad K. Florin says, “Working with an experienced personal injury attorney ensures that the injured party has the best possible chance at receiving compensation for their injuries. A specialized personal injury attorney understands the rules, laws, and statutes governing the Minnesota and Clay County court systems. They can easily navigate those systems and leverage their expertise on behalf of their client to negotiate the best possible compensation package.”
Step-by-Step Guide to Filing a Moorhead Personal Injury Claim
Filing a personal injury claim in Moorhead can be intimidating, particularly if you are unfamiliar with the legal process. The personal injury claims steps below provide a general idea of the standard Morehead legal process.
However, every claim and every claimant is different, and each one deserves the attention of a dedicated personal injury attorney.
Initial Consultation
Most reputable personal injury attorneys offer potential clients a free initial consultation. The goal of this initial consultation is for the attorney to learn more about the case details and familiarize the victim with their best options for compensation.
A good lawyer brings honesty, experience, and compassion to every case, making clients feel heard and understood.
Investigation and Evidence Gathering
Next, your lawyer will work to gather the evidence needed to support your claim. The sooner you can speak to a lawyer, the easier gathering this evidence will be, as some types of evidence, like witness statements, tend to degrade or become more challenging to collect over time.
Evidence commonly used when filing a personal injury claim in Moorhead:
- Police reports
- Medical documents
- Witness testimonies
- CCTV footage
Filing the Claim
Once all relevant evidence has been gathered, your lawyer will file the claim with your insurance company or the court. This stage requires little input from the victim, as your lawyer should handle everything.
Documents required for claim filing:
- An itemized list of your losses
- Details justifying the amount of compensation requested
- Documentation supporting the claim, like medical records, police reports, etc.
Negotiation
After reviewing your claim, the at-fault party often returns with an initial settlement offer. Frequently, this first offer will be low, and it will be up to your lawyer to negotiate with the other party’s legal team to increase your compensation.
Most personal injury cases end with a settlement agreed upon by the parties out of court. The settlement can include monetary compensation and other non-monetary compensations like ongoing medical care. Most settlements also include a provision preventing the victim from later taking the defendant to court over the same issue.
Once agreed upon, a settlement is binding and cannot be appealed by either party.
Litigation
The claim will proceed to trial if the two parties cannot agree during the negotiation phase. Claimants may still have the option to take a settlement even after a trial has begun, and many trial cases end this way.
Your attorney will work with you to prepare your case for trial. It is essential to stay in close communication with your attorney and follow their directions carefully to increase your chance of a successful outcome.
The outcome of a trial is determined by a judge or jury who is also responsible for determining the amount of compensation awarded, if any. Trial verdicts are often, though not always, larger than settlements, but they can be appealed if either party is unsatisfied, sometimes dragging the compensation process out for years.
Common Types of Accidents That Lead to Personal Injury Claims in Moorhead
Personal injury claims stem from an almost endless range of sources, and they can happen anywhere at any time.
The list below represents a sample of common personal injury accidents in Moorhead, but it is by no means complete. Virtually any injury caused by another party’s negligence, carelessness, or recklessness can generate a personal injury claim.
Common types of personal injury claims:
- Car Accidents: These are the most common Moorhead accident claims. Valid claims show provably negligent behavior on the other driver’s part, such as speeding, texting while driving, or running a red light.
- Slip and Fall Accidents: Slip and fall cases rely on the claimant proving that the property owner failed to warn about hazards or to maintain the property adequately. This type of accident can occur on private or public property.
- Workplace Accidents: Harm done by negligence in the workplace can be sudden, as in the case of a machinery accident, or slow, as in the case of exposure to toxic chemicals over time.
- Medical Malpractice: Patients have the right to expect healthcare providers to meet a standard of care. Patients may have grounds for a medical malpractice lawsuit when they don’t meet this standard, as is the case in surgical accidents or improperly prescribed medication.
- Product Liability: Occasionally, dangerous or defective products make it to consumers. When this occurs, harm can be widespread. Common types of product liability lawsuits include toxic household or cosmetic products and malfunctioning automobile parts.
What Injuries Qualify for a Personal Injury Claim?
Moorhead injury claims require that the claimant show substantial harm resulting from the injury or accident. The types of damages the court acknowledges are broad, and qualifying injuries for personal injury compensation are not necessarily physical.
Types of personal injuries:
- Physical Injuries: Broken bones, traumatic brain injuries, spinal cord injuries, sprains, wounds, etc.
- Emotional and Psychological Injuries: PTSD, anxiety, and depression related to the accident.
- Chronic and Long-Term Injuries: Permanent disabilities, chronic pain, etc.
- Financial and Reputational Harm: Damage to finances or reputation leading to lost wages, decreased custom, loss of brand value, etc.
Florin|Roebig attorney Chad K. Florin says, “Many victims begin the claims process believing that they can only recover compensation for physical injuries. However, the Minnesota and Clay County court systems acknowledge a broader range of harm. Our team of personal injury specialists will fight to get you all of the compensation you need to recover from the full range of harm done to you.”
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What Damages Can Be Claimed in Moorhead Personal Injury Cases?
Moorhead personal injury damages can be awarded for multiple reasons. Compensation for injury claims frequently includes compensation for various types of damages. A good personal injury attorney can help you understand your options.
Types of damages in personal injury cases:
- Compensatory Damages: Compensatory damages are awarded to compensate the victim for harm and losses. They can take two primary forms.
- Economic Damages: Economic damages are awarded to compensate for tangible losses like medical expenses, lost wages, and property damage.
- Non-Economic Damages: Non-economic damages are awarded to compensate for intangible damages like pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: Punitive damages are awarded to punish the at-fault party and to prevent similar negligence in the future. Punitive damages are relatively rare and are only awarded in cases of gross negligence or where intentional harm can be proven.
Best Personal Injury Lawyers in Moorhead
Choosing the right lawyer is paramount when filing a personal injury claim. Victims should seek a specialist with a proven track record of success and experience trying a wide variety of personal injury cases.
Potential claimants deserve the best Moorhead personal injury lawyers. Florin |Roebig’s top personal injury attorneys have decades of combined experience and have won our clients over $1 billion in compensation for personal injuries.
At Florin|Roebig, personal injury expertise is our byword, and we have dozens of client testimonials and a proven record of success with cases like yours in the Moorhead, Minnesota, area.
Practical Advice for After a Personal Injury
Many victims struggle to know what to do after an injury. Understandably, most are focused on handling the immediate situation and are not necessarily considering compensation. However, you can do some easy things following an accident to keep yourself safe and avoid potentially costly mistakes.
Moorhead personal injury tips:
- Seek Medical Attention: Victims should seek immediate and ongoing medical care following an accident. Medical documents provide essential proof of harm.
- Document Everything: In personal injury lawsuits, the burden of proof is on the victim, making it important to keep records of all injuries, treatments, and related expenses.
- Communicate with Your Lawyer: Your lawyer is your advocate in the court system. With your cooperation, they can do their job to the best of their abilities. Do your best to be transparent and responsive to their inquiries.
- Avoid Common Mistakes: Small mistakes can be costly in the wake of an accident. Common errors like failure to seek advice after personal injury, not seeking or maintaining medical care, failure to be transparent with your legal counsel, and failure to retain necessary evidence can all cost victims when seeking compensation.
Frequently Asked Questions
What is the statute of limitations for filing a personal injury claim in Moorhead?
In most cases, the statute of limitations for filing a personal injury claim in Moorhead is two years, although some exceptions exist.
How long does it take to settle a personal injury case?
It varies. Cases that go to trial tend to take longer than cases settled out of court.
Do I have to go to court for my personal injury claim?
Most personal injury claims are settled out of court. Very few ever go to trial.
What if I am partially at fault for the accident?
Minnesota’s modified comparative negligence rule states that you are eligible for compensation if you are no more than 50% responsible for the accident.
How are personal injury lawyers paid?
The best personal injury lawyers offer free initial consultations and work on a contingency basis, meaning they only get paid if you win your case. In the event of a win, the lawyer will be paid a predetermined percentage of the award amount.
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How to Get Help from Florin|Roebig Attorneys
Seeking personal injury legal help for the first time can be intimidating, but it’s important to remember that your attorney is there to help you. During every step of the process, they should be accessible and responsive to questions.
At Florin|Roebig, our team of experts uses the initial consultation to understand the details of your case and help you understand the best options for compensation. We tailor our approach to the needs of the individual client and know that every claim and every client is different.
Our team has decades of combined experience prosecuting every variety of personal injury cases, and we have the expertise and resources needed to get our clients results. Our case studies and testimonials show that we have won our clients over $1 billion in compensation, including settlements exceeding $1 million in Minnesota.
If you suffer an injury and need help, you can reach us anytime; just call us, fill out our online form, or use our chat feature.
Choosing the right lawyer and law firm is crucial when seeking personal injury compensation. The personal injury specialists at Florin|Roebig have the support and expertise you need when filing a personal injury claim.
At Florin|Roebig, we pride ourselves on fighting for the best possible outcome for our clients. If you’ve been injured and you need help getting the compensation due to you, don’t wait.
Contact Florin|Roebig today to discuss your case or schedule a free evaluation.
- Fill out our online form anytime, and we’ll reply promptly.
- Call the phone number for your area 24/7.
- Use our chat feature day or night.
Florin|Roebig office address:
7760 France Avenue South
Suite 130
Minneapolis, Minnesota 55435
