Getting hurt can leave you going to see doctors for weeks, missing time from work and fielding calls from insurance companies. When someone else caused your injury, you may be able to make a personal injury claim.
There are many things you should be aware of - knowing what information to gather, who to contact and what time frames exist in Minnesota can help with your injury claim.
Not sure where to start? You can contact a St. Cloud personal injury lawyer for help.
Are Your Injuries Eligible For a Personal Injury Claim?
Most injury claims stem from the question of whether another individual or business was negligent.
A car driver may have been negligent when they ran a stoplight. A building owner may not have cleared ice off their walkway or fixed a broken railing. Dog bites can also lead to claims, but Minnesota has separate rules for dog owners.
If someone was negligent towards you, you may be able to recover damages. To prove negligence, there are typically four elements that need to be established.
- Duty: You need to show that the other party had a duty of care towards you.
- Breach of Duty: That duty of care was breached by the other party.
- Causation: Their negligence caused you to become injured.
- Damages: You sustained damages as a result of the other party's negligence.
Just being injured does not guarantee you will receive compensation.
Damages can include, but are not limited to, the cost of medical bills, wages lost and how your injury impacts your day-to-day life.
If you have questions about your case, contact a St. Cloud personal injury attorney. They can assist you with finding out what your options are, what information to collect, and more.
Collect Evidence After Your Injury
First, focus on your health. Seek medical attention and make sure you describe your injuries properly, even if they seem minor. Go back for additional appointments to document your healing process.
- Collect photos: Anything that may show what occurred during your incident - take pictures of it. Your vehicle, the icy walkway or broken railing, etc. Make sure to keep these pictures, as they will be difficult to obtain in the future.
- What happened: Describe what happened during your incident, including the date, where it happened, the date, what the weather was like, and anyone that witnessed your injury. If police showed up, you may want to write down that information as well.
- Medical records: Keep copies of all medical bills, doctor appointments, prescriptions, etc. If you missed work, keep that documentation too. Have one folder that holds everything.
- Phone calls: When speaking to your insurance company, make sure to write down who you spoke to and when you spoke to them.
- Limitations you are experiencing: Record days when you couldn't drive, lift objects or complete normal tasks. These notes can help show the wider impact of your injury.
How Do I File A Personal Injury Claim?
When most people hear the words, "file a claim" they think you have to file a lawsuit, but that is not always the case.
There are many things you should do after an accident occurs. Here are some tips to help you out.
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Figure out who you can file a claim against. There may be multiple people you can file against, and more than one insurance company.
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Once you determine who you can file a claim against, you should notify the insurance company as soon as possible. Provide basic information and ask for a claim number and how you can submit medical information. If you were in a car accident, you may have to go through your car insurance first, since Minnesota is a no-fault state.
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Compile all of your evidence, such as police reports, photos, medical records, witnesses, etc. Make sure to include how much money you lost due to your injuries.
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List your damages. Once you know what to expect, add up all your expenses, lasting effects and anything else you may be eligible to receive under the law. You may send a demand letter to the other party's insurance company.
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See if they will accept your demand, deny some or all of your information, or give you a settlement offer. If negotiations do not work, you may have to file a lawsuit before the statute of limitations runs out.
Make sure you are telling the truth on all paperwork. Do not lie about your injuries, how fast you were driving, etc.
Laws That May Apply To Your Case
Car Accidents & No-Fault Insurance
In Minnesota, all cars that meet the requirements must have $40,000 in Personal Injury Protection benefits available for each injured person. Here is how that $40,000 is split:
- $20,000 in medical expenses
- $20,000 for certain non-medical losses
These benefits are designed to cover eligible losses regardless of who caused the crash. They do not automatically pay for every expense or for pain and suffering. Separate rules decide when you can seek those damages from an at-fault driver.
If you are involved in a car accident, contact your insurance company as soon as possible. A no-fault policy can require notice, but it must allow at least six months after the accident.
If You Were Partly At Fault
There are many circumstances that may occur during a car accident. If you believe you were partially at fault, your injuries may still be compensated, but there is something you should know about.
Minnesota has a comparative fault rule, meaning that if you contributed to your injury, your damages may be reduced.
You may still be able to recover damages, but if you are more at fault than the person you are trying to sue, you may be barred from doing so.
Statute of Limitations
Many Minnesota negligence lawsuits, including ordinary car-crash injury suits, generally have a six-year limitation period. That does not mean every injury case has six years.
Other claims can have shorter limits.
For example, if you are filing a claim against a city, state, or other governmental entity, you may have to give them notice within 180 days, subject to statutory rules and exceptions.
Contact your attorney to find out your specific deadline.
How Much Should You Receive For Your Injuries?
Everyone's situation is different, so consider the following.
- Medical bills, prescriptions, mileage, wages lost, etc. Make sure to have documentation for each one.
- Will you need more medical treatment in the future? Are you unable to do your job, or perform tasks you once could?
- Other things you may be entitled to, such as pain and suffering, mental anguish, etc.
Remember, if you were in a car accident, there are rules you need to be aware of regarding your no-fault benefits. You may not be able to simply add up all your medical bills to see what you should receive.
Should You Accept A Settlement Offer?
If your medical bills are piling up, you may want to accept that settlement offer, but hold up! A signed release can end your right to seek more money for the same injury, even if recovery takes longer than expected.
Before signing, make sure you understand what that release covers: are there any open medical bills? Do you have to repay anything? etc.
Try not to post things online about your accident or how you feel about your injuries. Always stick to the facts and respond to your insurance company or lawyer if they contact you.
Final Thoughts
Always make sure to understand what happened and how you were affected by your injury. Contact a doctor, collect evidence, notify your insurance company, and learn about the statute of limitations for your case.
You do not have to know how much your case is worth right away; just be prepared with information that can help you when the time comes.
