If someone else’s carelessness causes you injuries, you could be thinking about whether to pursue your personal injury claim or take the case to court. Making the right decision could impact your compensation and the duration of your case’s resolution. A personal injury claim company in Minnesota supports accident victims and injured workers in negotiating difficult decisions to ensure they receive fair compensation.
Understanding Settlements in a Personal Injury Claim
A settlement is an agreement between you and the insurance company to accept compensation in exchange for dropping the claim.
Benefits of Settling:
- Faster resolution – Trials might take months or even years, but settlements typically settle much more quickly.
- Guaranteed compensation – Court decisions can be unpredictable. A settlement guarantees some kind of financial comfort.
- Lower legal costs – Lawsuits might be costly. Settling removes court fees, expert witness fees, and extra-legal costs.
- Reduced stress – Avoiding a lengthy courtroom battle can save you time, mental turmoil, and uncertainty.
When Settling Might Not Be the Best Option?
Although settlements are convenient, they are not always in your best interest. Lowball settlements provided by insurance companies sometimes fall short of covering your medical bills, lost income, pain, and suffering. If you feel under pressure to accept less than what your claim is worth, you might have to think about filing a lawsuit.
When to File a Lawsuit Instead?
Filing a lawsuit is often necessary when:
- The insurance company denies liability: If the accused party refuses to take responsibility for the accident, a lawsuit can compel them to show proof before a court.
- You have severe injuries: Serious injuries result in more medical bills and long-term expenses. If the insurance company values your claim less than expected, legal action could be required.
- Your damages exceed policy limits: If your medical bills and losses exceed your insurance coverage, you may have to sue for further payment.
- The settlement offer is unfair: Insurance companies are known for making low initial offers. If negotiations fail, your best option for complete compensation may be to file a lawsuit, and a personal injury claim company in Minnesota will help you.
Key Challenges and Legal Considerations
Minnesota has specific laws that affect personal injury claims, including:
- Comparative Fault Rule: Minnesota uses a modified comparative negligence approach in its fault rule. If the court finds you partially responsible for your injuries, your compensation may be reduced based on your percentage of fault.
- Statute of Limitations: In most cases, you can file a personal injury lawsuit two years after the injury. Ignoring this deadline can keep you from seeking compensation.
- Workers’ Compensation vs. Personal Injury: If your injury happened at work, your case might fall under workers’ compensation laws, which limit your ability to sue your employer. However, if a third party (such as a contractor or equipment manufacturer) contributed to your injury, a personal injury lawsuit may still be an option.
Osterbauer Law Firm: Turning Legal Challenges into Fair Outcomes
Every situation is different; hence, the appropriate action will rely on elements, including the degree of damage, the strength of your proof, and the insurance company’s openness to negotiate reasonably. As a reputable personal injury claim company in Minnesota, we help you evaluate your options and determine the best course of action.
Contact Osterbauer Law Firm to guide you through your personal injury claim and help you secure the compensation you deserve.
