Laws governing personal injury claims vary from one state to the next. Minnesota personal injury claims are therefore evaluated under state statutes and local and civil laws of the jurisdiction in which they are filed. Filing a successful claim in Minnesota requires the assistance of a personal injury attorney familiar with handling cases such as yours in the state.
Minnesota is a “Comparative-Fault” State
Every state establishes its own standards for how personal injury claims are handled. Each state chooses a “fault-based system” in which responsibility for injuries is determined. In some states, if you hold even partial responsibility for your own injuries, then you cannot seek damages by filing a lawsuit. In Minnesota however, provided your degree of fault for your own injuries does not exceed that of any other party you name in your claim, then you may still file a lawsuit and potentially receive damages for the injuries you’ve suffered.
It is important to understand that under Minnesota personal injury laws, the degree of responsibility each party in the lawsuit holds for the injuries suffered must be determined before any damages are awarded and before the claim is brought to a resolution. The degree of responsibility of each individual or entity, including yourself must be established in each and every personal injury claim.
Once established, the degree of liability or fault of each named party determines how much or what portion of overall damages they must pay in the claim. Your degree of responsibility may also affect the amount of damages you may be awarded by reducing the potential damages you can receive.
Potential Damages for Personal Injury in Minnesota
The damages that can be sought in a Minnesota personal injury claim include financial or economic losses as well as non-economic damages. Compensation can be awarded to cover the expenses you’ve incurred for medical care, in-home nursing or supportive care, and property damage. Additionally, you can recover lost wages and receive compensation for loss of future earnings abilities.
In some cases, pain and suffering can also be included in the damages you seek. A personal injury attorney familiar with filing claims in the state of Minnesota will help you determine which damages should be included in your claim as well as the amount of damages you should seek.
Statute of Limitations for Personal Injury Claims in Minnesota
Limitations are placed on the amount of time you have to file a personal injury claim in Minnesota. For most cases, the statute of limitations for filing a Minnesota personal injury lawsuit is six years, though there are circumstances that can increase this time frame.
Personal injury statutes of limitations are dependent upon when the claimant knew they suffered harm. If for instance, you were not aware of the injuries you suffered until after the statute of limitations has expired, as would be the case in some toxic exposure and poisoning cases for instance, then you could still potentially file a claim for the injuries you suffered, but you would likely need the assistance of a Minnesota personal injury attorney in order to do so.