What system of negligence applies to accident lawsuits in Minneapolis?

Minneapolis, MN – If a lawsuit is necessary after a motor vehicle collision or other type of incident, the case that is filed in civil court will most likely be a negligence action against the party responsible. This is a doctrine with many applications that argues the defendant breached their standard duty of care and caused various kinds of losses to the plaintiff. There are some complexities of negligence law that can become confusing, so it is recommended for anyone to get legal advice before deciding to file a lawsuit. One of the most important aspects of negligence law is deciding how fault can be divided between all parties involved and how this can affect compensation.

Contributory negligence and modifications to the rule

The specific doctrine that applies throughout the state of Minnesota is a modified form of the contributory negligence rule. If the plaintiff is partially at fault for their own losses, they can still bring an accident lawsuit with their damages reduced according to their level of fault. However, if they are found to be more than fifty percent at fault for the accident they cannot recover anything at all. This rule benefits those who may only be slightly at fault for contributing to their own injuries and losses, however it will discourage anyone who is mostly at fault for causing a collision from trying to collect damages. In situations where the defendant is found to be totally at fault for the accident, the plaintiff can still recover their full amount of damages. It is also possible for the percentage of fault to be divided between all parties involved in the accident where there are multiple drivers of defendants, where any party with less than fifty percent fault can potentially collect damages.

Compensation and damages

This division of fault will ultimately affect the plaintiff’s compensation in various ways. At the conclusion of a trial, the jury would be instructed to figure out the plaintiff’s compensation based on these negligence rules. However, many cases are more likely to end in settlements, where the attorneys for both sides will have to factor these rules into coming to an agreement on an amount that would be comparable to what the plaintiff would receive in court. The victim and their attorney must also weigh their options if it seems like their damages would be significantly reduced through contributory negligence.

Help from a lawyer in Minnesota

There are attorneys who can assist local clients in the Minneapolis area with their accident cases. The Law Office of Martin M. Montilino focuses on helping people who have been injured in various types of incidents.

Firm contact info:

The Law Office of Martin M. Montilino

3109 Hennepin Avenue South, Minneapolis, MN 55408

612-236-1320

[email protected]