Home to over 120,000 people, Rochester, Minnesota, prides itself on its robust trail system, stewardship of natural resources, and public service business focus. With so much going for it, it’s unsurprising that the city was named one of Livability.com’s 2024 “Best Places to Live.”
Unfortunately, even the best communities can be the site of devastating Injuries caused by others’ negligence. When this happens, Minnesota and Olmsted County laws allow personal injury victims to hire legal representation to assist them in recovering compensation through a personal injury claim.
Working with a personal injury attorney in Rochester is the best way for victims to ensure that they receive the compensation they need to recover. An experienced personal injury attorney can help clients gather evidence, file claims, and negotiate an advantageous settlement.
Choosing the right lawyer and law firm can make all the difference when seeking compensation, especially in complex cases.
How Do Rochester Personal Injury Claims Work?
Minnesota personal injury laws require the victim to prove that another party’s negligence harmed them. In the context of personal injury lawsuits, negligence is any action or inaction showing a lack of reasonable care or recklessness that causes harm to others.
When filing a claim in Rochester, the burden of proof is on the victim, making it even more vital that they have experienced legal guidance. Victims need evidence to justify their request for compensation. A good lawyer helps clients gather the evidence they need to pursue compensation successfully.
Compensation for personal injury claims is awarded based on tangible and intangible damages suffered by the victim. Compensation is usually monetary and can be acquired through an out-of-court settlement or awarded by a judge or jury following a trial.
Minnesota Laws Affecting the Rochester Personal Injury Claim Process
Every state handles personal injury claims differently through its civil court system. Understanding local and state laws and regulations is essential, as they can significantly impact the compensation available to victims.
Significant Minnesota personal injury laws include:
- Modified comparative negligence: Minnesota law allows victims to seek compensation only if they are not more than 50% responsible for the accident. Their degree of responsibility affects the amount of compensation they can recover.
- “No-Fault” Car Insurance: Unless injuries are severe, Minnesota’s no-fault car insurance rule requires car accident victims to seek compensation from their own insurance company even when the other driver is at fault.
- Personal injury damage caps: As of 2024, Minnesota has not placed any damage caps on the amount of personal injury compensation victims can recover.
- The “Some Damage” Rule: Unusually, Minnesota’s “Some Damage” rule states that the statute of limitations begins when the victim first experiences harm, not when that harm is first discovered.
- Statute of limitations: The statute of limitations for most personal injury cases in Minnesota is two years, although some exceptions exist.
- Strict liability: Minnesota dog owners can be held liable if their pet causes harm to others even if they were not being careless and had no reason to suspect their animal was dangerous. Exceptions do exist if the victim was trespassing or deliberately provoking the animal.
Florin|Roebig attorney Tommy Roebig says, “Insurance companies and other big businesses have massive legal teams working to ensure that their clients pay out as little as possible. At Florin|Roebig, we have decades of combined experience helping our clients fight for the justice and compensation they need and deserve, no matter who the opponent is.”
Step-by-Step Guide to Filing a Rochester Personal Injury Claim
Understanding the Rochester legal process is crucial to filing a successful claim. The personal injury claim steps below are meant to give you a general idea of what filing a personal injury claim in Rochester looks like.
However, every personal injury claim is different, and the best way to understand your specific compensation options is to speak to a personal injury lawyer.
Initial Consultation
The initial consultation is like a mutual interview. The lawyer will ask questions to understand the specifics of your claim and then inform you of your best options for seeking compensation. Once the consultation is over, both parties decide if they want to move forward.
Most reputable personal injury attorneys offer free initial consultations.
Investigation and Evidence Gathering
During this phase, your lawyer will gather the evidence to support your claim. The sooner you can seek legal help, the better, as many types of evidence are easier to collect before the evidence has time to degrade or witnesses have time to leave the area.
Evidence commonly used when filing personal injury claims in Rochester:
- CCTV footage
- Medical documents
- Police reports
- Witness testimonies
Filing the Claim
Next, your lawyer will assemble the evidence into a claim and file the claim with the insurance company or the court system. This stage requires very little input from the victim and is primarily handled by lawyers.
Documents required for claim filing:
- A list detailing your losses
- Paperwork justifying the amount of compensation requested
- Supporting evidence, like medical records, police reports, etc.
Negotiation
Negotiation begins after the defendants have time to review the filed claim. The other party will make a settlement offer if the claim is valid and the documentation is robust. This first offer is generally low and is rarely accepted without negotiation.
Negotiating an advantageous settlement is one of your lawyer’s primary responsibilities. While most compensation packages are primarily monetary, some include non-monetary compensation provisions like ongoing medical care.
Most personal injury claims are settled out of court. Once agreed upon, settlement agreements are binding, and most include a clause preventing the victim from later pursuing compensation through a lawsuit.
Litigation
While most claims end at the negotiation phase, the case may proceed to trial if both parties cannot reach a satisfactory agreement. If this occurs, your lawyer will have additional work to prepare the claim to be heard in court.
During trial preparations, it is essential to stay in close contact with your lawyer and follow their directions carefully to give your case the best chance of success.
Even after a trial has begun, the defendant may keep a settlement offer on the table. The victim can take this offer anytime; many trial cases end this way. Cases that are not settled are decided by a judge or jury, who are also responsible for deciding on the amount of compensation the victim is awarded, if any.
Common Types of Accidents That Lead to Personal Injury Claims in Rochester
Injuries and accidents can happen anywhere, at any time, making the types of personal injury claims victims can pursue almost endless. As long as the other party was provably negligent, personal injury victims have the right to seek compensation.
Common personal injury accidents in Rochester:
- Car Accidents: Car accidents are the leading cause of Rochester accident claims. Victims must prove that the other driver engaged in negligent behavior, like speeding, running a stop sign, or texting.
- Medical Malpractice: When healthcare providers make errors that harm their patients, they can trigger a lawsuit. Common grounds for medical malpractice include surgical errors or incorrectly prescribed medication.
- Product Liability: Defective products, such as malfunctioning vehicle parts or toxic household and cosmetic products, can cause widespread harm, often triggering many lawsuits once the defect is discovered.
- Slip and Fall Accidents: Serious injuries can occur when property owners fail to adequately maintain their property or warn visitors of hazards. This type of lawsuit can result from accidents on public or private property.
- Workplace Accidents: Employers have a duty to provide a safe working environment for their employees. When reasonable care is not taken to do so, and employees are injured, they may have grounds to sue.
What Injuries Qualify for a Personal Injury Claim?
When victims unfamiliar with the legal system begin seeking compensation, they may not be aware of all the types of personal injuries for which they can seek compensation. Many assume that they can only receive compensation for physical injuries, but Rochester injury claims recognize a much broader range of harm.
Types of qualifying injuries for personal injury claims:
- Physical Injuries: Broken bones, traumatic brain injuries, spinal cord injuries, severe 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.
- Finances and Reputation: Lost wages, loss of community standing, decreased business, etc.
Working with an experienced personal injury attorney can help ensure that you are compensated for all the harm you received from your accident, not just the physical.
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What Damages Can Be Claimed in Rochester Personal Injury Cases?
In Rochester, personal injury damages are awarded as compensation for injury claims. Damages can take several forms, and which types you receive depends on the individual circumstances of your claim. Your lawyer can help you understand the damages for which you may be eligible.
Types of damages in personal injury cases:
- Compensatory Damages: Compensatory damages are awarded to compensate the victim for loss or harm. They are divided into two primary types.
- Economic Damages: Awarded to cover tangible losses like medical expenses, lost wages, and property damage.
- Non-Economic Damages: Awarded to cover intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: Punitive damages are rare and are only awarded when the defendant acted recklessly or intentionally. They are a punishment meant to deter future bad behavior.
Best Personal Injury Lawyers in Rochester
When shopping for legal representation, look for experience and specialization. The best Rochester personal injury lawyers have a proven track record backed by client testimonials speaking to their past successes.
The top personal injury attorneys at Florin|Roebig have decades of combined experience. With over $1 billion in compensation won for our clients, Florin|Roebig’s personal injury expertise is widely acknowledged within the legal field.
Florin|Roebig attorney Tommy Roebig says, “Clients deserve the best available representation. At Florin|Roebig, we have the expertise and the resources to fight for justice for our clients across the negotiation table and in the courtroom. Reach out today for a free consultation.”
Practical Advice for After a Personal Injury
Seeking advice after a personal injury can feel intimidating, but it’s one of the best things you can do to protect yourself and avoid simple mistakes that can impact your compensation down the line.
The Rochester personal injury tips below offer some actions you can take to defend yourself, but they are no replacement for experienced legal guidance.
What to do after an injury:
- Seek Medical Attention: Medical records are an essential part of any claim. Always seek immediate and ongoing medical care following an accident.
- Focus on Record Keeping: Keep thorough records of injuries, treatments, and any related expenses. Claims require documentation to succeed.
- Stay in Contact with Legal Help: Your lawyer can only do their job with your help. Be transparent and keep the line of communication open.
- Avoid Common Errors: Small mistakes can have big consequences in personal injury claims. Failure to seek treatment, keep records, and communicate with your legal counsel can negatively impact your chances for compensation.
Frequently Asked Questions
What is the statute of limitations for filing a personal injury claim in Rochester?
While there are a few exceptions, the statute of limitations for most personal injury claims in Rochester is two years.
How long does it take to settle a personal injury case?
It depends. Generally, cases settled out of court take less time than those that go to trial.
Do I have to go to court for my personal injury claim?
No. Most personal injury claims do not go to trial. Most are settled out of court through negotiation.
What if I am partially at fault for the accident?
Minnesota law recognizes modified comparative negligence. This rule means that you are still eligible for compensation as long as you are no more than 50% responsible for the accident.
How are personal injury lawyers paid?
In addition to offering free initial consultations, most reputable personal injury lawyers are paid on a contingency basis, meaning they only get paid if you win your case. If you win, they will be paid a predetermined percentage of the award amount.
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How to Get Help from Florin|Roebig Attorneys
The initial consultation is a kind of mutual interview. During the consultation, your lawyer will review the details of your case and lay out your best options for compensation. Seeking personal injury legal help can be intimidating, but at Florin|Roebig, we strive to put clients at ease, making them feel heard and understood.
Our decades of combined experience with all varieties of personal injury claims allow us to offer every client a tailored approach, meeting them where they are to get the compensation they need. Our case studies and testimonials speak for themselves, and we’ve won compensation for clients in Minnesota exceeding $1 million.
Whether your case is settled at the negotiating table or goes all the way to trial, Florin|Roebig’s Rochester personal injury lawyers get results. If you are ready to explore your compensation options, just give us a call, fill out our online contact form, or use our online chat feature.
Contact Us For Your Rochester Personal Injury
For many people, filing a personal injury claim can mean the difference between financial stability and struggle. The compensation awarded for personal injuries can help cover medical expenses, compensate for lost wages, and help victims heal from emotional and psychological wounds.
With so much riding on a successful outcome, choosing the right lawyer and law firm is crucial. Florin|Roebig has the experience and resources needed to fight for justice for our clients. Our tailored approach ensures that each case receives careful attention, providing the best possible outcome while reducing client stress.
If you or someone you love has suffered harm due to the negligence of others, we can help. 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
