Personal injury involves any injury to an individual. This area of law allows an injured person to sue in a private action called a civil action, known in the legal community as a tort action. A “tort” is a wrong against a person. Any accident or injury against a person can constitute a tort—whether it is in a motor vehicle accident, a slip and fall, dog bit, or negligence of a professional. Different degrees of fault exist and several elements are necessary to prove in court, in order to be successful against the wrongdoer or negligent party in a tort action. In addition, more than one person or party may be at fault, and responsibility may be apportioned among all of the wrongdoers. In some instances, the victim may even be partly at fault for the tragedy but that does not necessarily mean the person does not have a right to bring a lawsuit.
Bodily Injury
This is the claim that is made against the at fault driver. This claim is primarily for pain and suffering, wage loss, and additional medical bills. In order to have a Bodily Injury Claim, you have to reach a threshold. You need to have either $4,000 in medical bills, a 60 day disability, or a permanent injury.
Slip and Fall
These are usually claims against property owners or businesses. In order to have a claim, you must show that the at fault party is more at fault than you are. These can be difficult claims to bring because you have the burden of proving the defendant is more at fault than you.
No Fault
By law in Minnesota, everyone must have insurance on their vehicle. Part of the coverage is No-Fault. There is No-Fault coverage regardless if you were at fault for the accident or not. There is $20,000 in medical coverage and an additional $20,000 in wage loss and replacement services coverage. This coverage is usually provided by your own insurance company, regardless of fault.
Other
There can be lot of other personal injury claims including dog bites, assaults, or any other sort of negligence claim. In these matters, we have to prove that the at fault party was more at fault than you were.