Time Limits for Personal Injury Claims
If you are injured in any accident in Minnesota, you have a limited time to file your injury claim and recover compensation. That period is referred to as the statute of limitations, and for accident claims, it is two years from the date your injury occurred.
Types of Accident Cases
The personal injury lawyers at USAttorneys can assist clients with all kinds of accident cases including:
Car accidents– You are entitled to compensation if a negligent motorist caused your accident.
Tractor-trailer accidents-Commercial truck accidents often result in
Slip and fall accidents- A fall on a sidewalk or tile floor can lead to serious and debilitating injuries.
Dog Bites- Under Minnesota law Stat. Ann. § 347.22, dog bites are treated with a strict liability standard, which means the dog owner is liable for any injuries caused by his or her pet.
Worker’s compensation- An accident attorney in Minnesota can help you recover a fair amount of compensation after being injured on the job.
Pedestrian accidents- Pedestrians suffer costly and catastrophic injuries, so they need someone with expertise working on their claim.
Whatever type of accident left you injured, you will benefit from retaining an accident lawyer in Minnesota. Our experienced and knowledgeable team of lawyers will work hard on your case and take whatever steps are necessary
What Will Our Attorneys Do for You?
When you retain an accident attorney, they will begin working on your case, so you have the best chance of recovering generous compensation. You may be wondering why having legal counsel is beneficial. Our team of attorneys will:
- Investigate your accident
- Speak with witnesses
- And consult with medical professionals.
They will always strive to give you the strongest possible claim, so you can recover all the of the accident-related costs you incurred because of your accident.
Connect with us today, and we will put you through to one of our top Delaware accident legal pros. You can contact us via email and we will you back shortly during normal business hours.
When should an accident victim speak to a Minnesota lawyer about damage loss recovery?
An experienced attorney in Minnesota can assist accident victims with legal action after an accident results in personal injury and property damage. State laws provide for payment, or indemnity when an injured party is not at fault, referred to as “damages. Accident lawyers are familiar with an insurance company’s desire to close out claims quickly. It is important to consult with an attorney shortly after an accident involving injury and property damage before an insurance company offers a limited settlement amount. Personal injury attorneys have valuable resources to support a case by:
- Sending investigators to the accident scene
- Reviewing police reports, witness testimony and medical records
- Hiring appropriate financial personnel to make valuations of loss
- Determining the cause of the accident
- Supporting victim’s rights against aggressive insurance companies
- Drafting and filing complicated insurance and legal documents
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward. In many cases, individuals are left with expensive property damage replacement, or physical injury and loss that requires legal action to recover any costs above insurance premium limits.
What damages can a victim recover from accidental injuries?
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. The award of money is meant to address general and special damages:
- Special economic damages may include present and future lost wages, medical bills, future medical care, household expenses and
- General non-economic damages may include pain and suffering, mental anguish and loss of consortium, or companionship.
Punitive damages.
Minnesota law allows punitive damages that are meant to punish a defendant for egregiously bad conduct toward a plaintiff, and also to deter others contemplating similar behavior. Punitive damages shall be allowed in civil actions, only upon clear and convincing evidence that the acts of the defendant show deliberate disregard for the rights, or safety of the victim. There are no caps on damages in Minnesota.
What types of accidents result in legal action toward fiscal recovery?
Workers’ compensation, personal injury, premises liability, medical malpractice and car, truck, bus and motorcycle (motor vehicle) accidents in Minnesota are at the root of legal action in pursuit of economic, and non-economic damages, plus punitive damages in specific situations.
Minnesota statutes state that personal injury lawsuits for injuries caused by negligence, or misconduct must be filed within three years in most cases. An attorney can inform a claimant of deviations of filing timelines.
Motor vehicle.
If you are injured in a motor vehicle accident in the State of Minnesota, where 381 related deaths occurred in 2018, you may have questions about how the laws will affect property damage and personal injury claims. An experienced attorney can help with the intricacies of a complex accident case that may have criminal components for reckless driving, distracted driving, or driving under the influence, which may affect insurance coverages, degrees of fault and the severity of the accident damages toward a timely award. Minnesota is a comparative fault state and damages allowed must be reduced in proportion to the amount of fault attributable to each party. Minnesota’s no fault insurance allows for PIP coverages to pay certain losses, regardless of fault.
Personal injury.
If a person is hurt because of the actions, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. The recovery of damages is contingent on proving that the individual, or entity was negligent and caused the injury and owed a duty of care to the victim, and must be filed within the three year statute of limitations.
Premises liability.
Individuals who are hurt in an accident on someone else’s property may take legal action when it was caused due to poor conditions on the property, including improper maintenance, upkeep, or negative resident, or pet interaction on the premises. The responsibility of the property owner depends on the standard of care owed to the injured person, which is based on the reason for their presence on the property. For example, an invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries depending on the individual policy.
Medical malpractice.
Minnesota medical malpractice actions occur when a person becomes injured while being treated by a practicing health care provider. In the state of Minnesota, the statute of limitations is four (4) years from the date of the medical malpractice injury. In terms of wrongful death due to medical malpractice, the statute of limitations is 3 years from the date of death, but no more than 4 years from the date of the injury caused by the negligent party(ies).
Workers’ compensation.
The Minnesota Workers’ Compensation Commission has a detailed claims process for individuals who are injured on the job, or contract job-related illnesses necessitating a workers’ compensation claim for monetary damages. Injuries may be caused by an accident, or a medical condition that develops over time caused by repetitious use of a body part, or a hazardous workplace environment that causes harm.
Wrongful death.
In Minnesota, family members, or legal representatives must file a wrongful death claim within three years from the date of the death caused by the negligent, reckless, or deliberate act of another. Damages may be awarded to the beneficiaries proportioned to the injury resulting from the wrongful death and the amount recovered shall be divided among the beneficiaries in shares directed by the verdict.
Legal action after an accident.
Minnesota accident victims do not have to deal directly with insurance companies toward the resolution of damages. Experienced lawyers can carry that burden and save time, reduce stress, and point accident victims on the right path toward a comprehensive financial award.
