Plymouth, the 7th largest city in Minnesota, is known for its excellent quality of life. However, its nearness to Minneapolis, popular parks and trails, and frigid winters contribute to many personal injuries in the suburban area every year, including slip-and-fall incidents, car accidents, and more.
Minnesota’s personal injury laws can help those injured in Plymouth receive compensation for their damages, but pursuing a successful personal injury claim is rarely straightforward. Many cases shouldn’t be pursued without the aid of an experienced Plymouth personal injury lawyer.
These attorneys guide victims through the legal complexities of their cases to help them win proper compensation.
How Do Plymouth Personal Injury Claims Work?
Negligence—the failure to take proper care while doing something—often leads to harm. The Minnesota and Hennepin County legal system seeks to remedy this harm by allowing the victim to file a personal injury claim.
If the injured party can prove the defendant was responsible for their injuries, they’ll receive monetary compensation from the defendant or their insurance company. This money is meant to compensate for tangible (e.g., medical bills) and intangible (e.g., pain and suffering) losses the victim suffered.
The outcome of a claim is usually decided out of court through a settlement—an agreement by both parties regarding how much is owed. However, sometimes compensation is determined in a trial verdict.
Either way, the assistance of an experienced personal injury lawyer can make all the difference when filing a claim in Plymouth. Florin|Roebig’s expert personal injury lawyers understand the legal system and can help their clients seek fair compensation for their injuries.
Minnesota Laws Relevant To Personal Injury Cases
Any personal injury claim filed in Plymouth must follow the Minnesota state laws that outline how these cases are handled. Your lawyer can help you meet all relevant laws and guidelines.
Major Minnesota personal injury laws include:
- Modified comparative negligence: Also known as the 51 percent bar rule, modified comparative negligence means multiple parties can be at fault in an accident. If the injured party shares some of the blame, their compensation will be reduced by their percentage of blame. They’re not eligible for compensation if they’re over 50% responsible.
- Statute of limitations: This is the deadline for how long someone has to file a lawsuit. Minnesota’s statute of limitations is two years for most personal injury cases, although it can vary in exceptional cases.
- The “Some Damage” Rule: Uniquely, Minnesota’s statute of limitations begins when the injured party first suffered enough harm to sue instead of when the victim was first aware of the damage they suffered and who caused it.
- “No-Fault” Car Insurance: Minnesota’s no-fault rule means that regardless of who’s at fault, Plymouth residents must seek compensation from their own insurance company for car accident injuries. However, this doesn’t apply to serious injuries.
- Personal injury damage caps: Minnesota doesn’t limit how much compensation a court can grant a personal injury victim.
Who Is Eligible To File A Personal Injury Claim In Plymouth?
Eligibility for filing a claim in Plymouth has specific requirements under Minnesota personal injury laws.
The Plymouth personal injury claims process requires the injured party to:
- Prove negligence or ill intent: The injured party has to prove the other party’s negligence or intentional actions directly caused their losses.
- Be measurably harmed: The victim also has to prove they were significantly harmed physically, emotionally, or financially.
The person who was injured is generally required to file a lawsuit against the other party, but this isn’t always true, such as in wrongful death cases where family members are eligible to file on behalf of a deceased loved one.
Step-by-Step Guide to Filing a Plymouth Personal Injury Claim
Filing a personal injury claim in Plymouth has similar steps regardless of injury type. Hiring a lawyer early in the process can save time, lower stress, and help improve your claim outcome.
Step 1: Initial Consultation
Getting legal advice from an experienced professional is the ideal first step in filing a personal injury claim. Most personal injury lawyers offer free consultations where they review the details of your case with you, giving you a clearer idea of your legal options and advice on what to do next.
Step 2: Investigation and Evidence Gathering
Your attorney will thoroughly investigate your case, gathering evidence supporting your claim.
Evidence commonly used when filing a personal injury claim in Plymouth:
- Police reports
- Medical documents
- Witness testimonies
- CCTV footage
Solid evidence is a critical component of any personal injury case. Collecting evidence is much easier when it is fresh. Victims should contact a lawyer as soon as possible after an incident to ensure that their lawyer can gather all possible documentation and evidence.
Step 3: Filing the Claim
Once they have gathered the relevant evidence, your lawyer will file all required claim documents and paperwork with the insurance company or the court.
Documents include:
- A list of your losses
- How much compensation you’re requesting
- Evidence supporting your claims
Step 4: Negotiation
After the claim is filed, your lawyer will negotiate with the insurance company or the other party to get you a fair amount of compensation. If you agree to an offer out of court, this is called a settlement.
Once a settlement offer has been agreed to, it is binding. Generally, settlement offers include a provision that prevents the victim from later suing the other party.
Step 5: Litigation
If you can’t reach a satisfactory settlement with the other party, you may need to file a lawsuit with the Hennepin County court. Filing a lawsuit starts the trial preparation process, which involves gathering more evidence supporting your claim, preparing legal arguments, and taking other steps to make your case as strong as possible. Your lawyer will handle this for you.
Most lawsuits still end in settlements, but in rare cases, if the opposing parties can’t reach an agreement, the case will go to trial. During a trial, a jury or judge decides how much, if any, compensation you’re awarded.
Florin|Roebig’s experienced personal injury lawyers have won several record-breaking verdicts in Minnesota and the United States, earning over $1 billion in total compensation for clients. You deserve fair compensation if you were injured due to someone’s negligence in Plymouth. Florin|Roebig will always fight to get their clients the best possible compensation package.
Common Types of Accidents That Lead to Personal Injury Claims in Plymouth
Personal injury is a broad category that includes everything from car accidents to dog bites.
Common personal injury accidents in Plymouth include:
- Car Accidents: Car accident claims comprise the bulk of personal injury claims in Plymouth. Valid claims often involve a negligent driver who caused a crash by running a red light, speeding, or other reckless actions.
- Slip and Fall Accidents: Slip and fall personal injuries often happen on public and private property in Plymouth. Frequently, they occur because the property owner failed to warn people of a fall hazard or didn’t maintain the premises.
- Workplace Accidents: Workplace accidents involve a wide range of injuries sustained on the job, such as machinery injuries and exposure to dangerous materials.
- Medical Malpractice: Medical malpractice involves injuries caused by the negligence of healthcare professionals. Examples include accidents during surgery and prescribing the wrong medication.
- Product Liability: Product liability involves harm caused by dangerous or defective products such as malfunctioning vehicle parts. The manufacturer or distributor may be liable.
- Dog Bites: If someone is bitten by a dog in Minnesota, the dog owner is strictly liable for any injuries. However, there are exceptions if the injured person was trespassing or provoked the dog.
A lawyer can help clarify what type of personal injury your case falls under and how to best approach filing a claim.
What Injuries Qualify for a Personal Injury Claim?
When making Plymouth injury claims, the claimant must be able to show that they were measurably harmed physically, emotionally, or financially. The types of personal injuries that qualify a claimant are varied, but all represent a severe loss of health, financial stability, or independence.
Qualifying injuries for personal injury claims:
- Physical Injuries: Broken bones, traumatic brain injuries, spinal cord injuries, wounds requiring ongoing treatment, 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: Loss of income, including lost business or wages, stemming from the accident.
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What Damages Can Be Claimed in Plymouth Personal Injury Cases?
Compensation for injury claims is awarded in the form of damages. Plymouth personal injury damages take several forms and are awarded for different reasons. Which types of damages you receive depends on the nature of the losses you’ve suffered due to the accident.
Types of damage in personal injury claims:
- Compensatory damages: These damages are awarded to compensate the victim for losses or suffering from the accident. They can be economic or non-economic.
- Economic Damages: Medical expenses, lost wages, property damage
- Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life
- Punitive damages: Punitive damages are awarded to punish the defendant and act as a deterrent against similar behavior in the future. They are only awarded if the claimant can prove that the defendant acted with intent to cause harm or behaved in a grossly negligent or reckless way.
Florin|Roebig attorney Shaun Cummings says, “When filing a personal injury lawsuit, it is critical to understand all your compensation options to receive the full and just compensation you deserve for your injuries. Our team at Florin|Roebig has decades of combined experience getting our clients the maximum compensation available.”
Best Personal Injury Lawyers in Plymouth
When choosing a lawyer to handle your case, finding a firm specializing in personal injury claims is essential. Top personal injury attorneys work for specialized law firms and have the expertise and resources to get clients a successful outcome.
The team at Florin|Roebig is made up of the best Plymouth personal injury lawyers. Our firm has decades of combined experience prosecuting personal injury cases successfully. We have won clients over $1 billion in settlements and trial verdicts.
Our highly motivated team of experts offers free consultations and work on a contingency basis, meaning we only get paid if you win your case. If you or someone you love has been injured due to someone else’s negligence and you’re ready to explore your compensation options, contact us today. Our team is prepared to help.
Practical Advice for After a Personal Injury
When you suffer an injury due to the reckless or careless actions of others, it can be hard to know what to do next. Victims often feel embarrassed. Some downplay the severity of their injuries in the immediate aftermath due to shock or simply because they don’t know their rights.
If you have been injured, here are some tips about what to do in the immediate aftermath that can help you and your lawyer build the best case and get you the best possible compensation.
What to do after an injury:
- Seek Medical Attention: Seeking immediate and ongoing medical attention after an injury is vital. Your health is essential, and having a documented history of accident-related treatment creates necessary evidence of the severity of your claim.
- Document Everything: Keep detailed records of all injuries, treatments, and related expenses. Your lawyer can help you determine what documents will best help to support your claim.
- Communicate with Your Lawyer: Your lawyer is there to help and guide you through the claims process. Be as transparent with them as you can, and never hesitate to ask questions.
- Avoid Common Mistakes: Choosing the wrong lawyer, failing to seek legal advice after a personal injury, not seeking medical attention, and failing to document evidence are all common mistakes victims make after a personal injury.
Frequently Asked Questions
What is the statute of limitations for filing a personal injury claim in Plymouth?
Most personal injury claims have a statute of limitations of two years in Plymouth. However, exceptions—like cases related to sexual assault and medical malpractice, which have a more extended deadline—do exist.
How long does it take to settle a personal injury case?
It varies. Cases settled out of court are resolved more quickly than those that go to trial.
Do I have to go to court for my personal injury claim?
No. Most personal injury claims end with a settlement, a compensation agreement agreed upon by both sides of the dispute.
What if I am partially at fault for the accident?
Minnesota has modified comparative negligence in personal injury cases. This statute means that you are still eligible to receive compensation as long as you are not more than 50% responsible for the accident.
How are personal injury lawyers paid?
Most reputable personal injury lawyers work on a contingency basis, meaning they are only paid if you win your case. After a win, they are 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 can feel daunting but it’s important to remember that your lawyer is there to help you. Starting from the initial consultation, your lawyer should strive to make you feel heard, understood, and prioritized.
The expert personal injury attorneys at Florin|Roebig take a client-centered approach, tailoring their strategy to each client’s needs. Our expert and compassionate care for our clients makes Florin|Roebig one of the best Plymouth personal injury law firms.
If you have been injured due to the careless or reckless actions of others and you are ready to explore your compensation options, 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.
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Florin|Roebig office address:
7760 France Avenue South
Suite 130
Minneapolis, Minnesota 55435
When hiring a lawyer to represent you, finding someone with the experience and resources to get you the compensation you need and deserve to recover from your injury is essential. Look for a law firm and lawyer specializing in personal injury cases with a long history of getting results for their clients.
At Florin|Roebig, we pride ourselves on our expertise, offering our clients decades of combined experience in personal injury cases. As a nationwide law firm, we have the resources and the capability to negotiate on your behalf with any defendant, including major businesses, and we have won our clients settlements exceeding $1 million in the Plymouth area.