Personal Injury Claims & Lawsuits In Minnesota

Common Types of Personal Injury Claims in Minnesota

The type of claim you can file depends on how you suffered your injuries. Whether you were hurt in a motor vehicle accident or a procedure involving medical malpractice, knowing how to proceed can help you better protect your rights.

Motor Vehicle Accident

If you’re in a motor vehicle accident, you generally must first file a claim against your personal injury protection (PIP) insurance. That’s because Minnesota is a no-fault state. If you suffer injuries that go beyond what your PIP can cover, however, you may be able to file a personal injury claim, which requires proving that the other party was to blame.

Because of the state’s modified comparative negligence laws, you can be partly responsible for the crash and still recover compensation. The majority of motor vehicle accident claims don’t go to trial, but if your case does, you have about a 61% chance of success.

General Injury

Any injury you sustain because of another party’s negligent or wrongful conduct can fit into this category. If a cleaning product didn’t have clear warnings and caused you harm, or if your landlord failed to maintain the building’s boiler and that led you to suffer burns, then you can begin a claim.

General injury claims are typically filed against the party’s auto or homeowners insurance.

Workers’ Compensation

Personal injury claims & lawsuits in Minnesota that involve work injuries or illnesses are different. Your employer has to carry workers’ compensation insurance to cover medical expenses and lost wages.

This functions as no-fault insurance, so you don’t have to prove negligence. You will not usually be able to file a lawsuit against your employer, however.

Sexual Assault

If you suffer any type of sexual assault, including harassment, you can begin a personal injury claim against the perpetrator. You will need to prove what happened by a preponderance of evidence instead of beyond a reasonable doubt.

Most often, you would file the claim against the defendant’s general liability insurance. If it’s not possible to reach a settlement, you can sue the defendant and any other liable parties, such as institutions that should have kept you safe.

Dog Bite

Minnesota has strict liability laws for dog bites. This means that if you didn’t provoke the dog and you were not trespassing, their owner is fully responsible for the injuries you suffered. That’s the case even if the dog has never bitten anyone before.

Slip and Fall

Property owners have to maintain safe premises for visitors and guests. If they knew there was a slipping hazard and did not address it, you can file a claim against them if you fell as a result. You would pursue the claim against their premises liability insurance or homeowners insurance.

Medical Malpractice

Medical malpractice involves medical professionals who offer care that falls below the standard. If another professional with the same training would not have made an error that harmed you, then you can file to recover your losses. You could pursue compensation from the negligent provider and, using vicarious liability laws, hold hospitals responsible, too.

Filing a Personal Injury Claim

To file a personal injury claim in Minnesota, get immediate medical care and start gathering as much evidence as possible to prove that the other party was responsible. Next, hire a personal injury lawyer to represent you. They can write and send the demand letter, which states the facts of the claim and the compensation you’re seeking.

Negotiations can then begin. You should never attempt these alone, since you can end up with a lower settlement than you need. Your attorney will know how to negotiate effectively and ensure you don’t accept an unfair offer. Up to 70% of all claims resolve in a settlement.

One thing to keep in mind is that Minnesota only allows you a certain amount of time to file a claim. In most cases, you will have six years to file, but if you’re beginning a medical malpractice claim, you may only have four years.

Typical Personal Injury Settlement Amounts in Minnesota

There isn’t clear data for Minnesota, but throughout the country, the average personal injury settlement is $40,500. The average settlement for car accident injuries and property damage is $30,416, while the average workers’ comp settlement is $44,200.

When You Need to File a Lawsuit

Although most cases resolve before going to trial, sometimes, a lawsuit is the only way to recover losses. If negotiations aren’t progressing, insurance companies have denied your claim or there are disputes about fault, it may be time to go to court.

Your attorney can file an official lawsuit in the appropriate courthouse, which starts the process. Parties will then exchange information, and negotiations can continue throughout this process. About 15% to 20% of cases call for filing lawsuits. Of these, only 3% to 5% reach trial.

Get Matched With a Personal Injury Lawyer in Minnesota

When you partner with a local lawyer, you have someone on your side who knows the area and understands the unique complexities of Minnesota law. At ConsumerShield, we can connect you with carefully vetted local attorneys.

Getting started is easy. Contact us for a free case review today.