While the statute of limitations for personal injury claims is set to within three years of the accident or the discovery of the injury, there are exemptions allowing a plaintiff to file a claim after the time limit is up. It allows a plaintiff to still be compensated for the damages the defendant has caused them.
Below, we will discuss what a personal injury claim is, the exemptions in the personal injury limitations, and who can help you get compensation.
What Is a Personal Injury Claim?
A personal injury claim is intended to provide a plaintiff (the injured person) with compensation for injuries or illnesses that the defendant (i.e. an individual or organization) is responsible for, even if it’s unintentional. The defendant’s insurance company will be required to provide compensation for all the damages the personal injury has caused the plaintiff’s way of life both temporary or permanent.
There are different types of personal injury claims you can make. Some of the most popular are:
- Vehicle accidents
- Wrongful death
- Dog bites
- Slip and fall accidents
- Medical malpractice
- Product liability
To ensure the success of your personal injury claim, make sure to get in touch with one of the top personal injury firms in Minnesota. Your personal injury lawyer will be responsible for clarifying your privileges and giving you guidance, so make sure to choose carefully.
What Are Some Exceptions for the 3-Year Limit?
The standard time limit for a personal injury claim in Minnesota is three years from the date of the accident or the discovery of the injury. In most cases, if you failed to meet the deadline, your claim will most likely be denied. To avoid this, make sure to be aware of the limitation period and find a personal injury lawyer immediately to help you with the process.
However, there are few exemptions to the limitation period. In case you met the criteria for an exemption, you can still make a personal injury claim. Here are some instances where it is possible:
If the plaintiff is a minor, the statute of limitations will only go into effect once they reach the age of 18, so a claim will not need to be filed until they turn 21.
The court also acknowledges legal insanity or a brain injury as a valid exemption to the three-year limitation period. Since a plaintiff is clinically diagnosed to lack the mental capacity to make a claim, the time limit won’t start until they become mentally stable.
There is a limit to this, however, as the statute of limitations can only be extended by up to five years in this case. If they become mentally stable prior to this 5-year time limit, then they will only have a year to file the claim.
Date of Knowledge
As mentioned, the limitation period starts on the day of the discovery of the injury or illness. This is common for industrial diseases as workers won’t realize immediately that their ailing health was due to poor working conditions or exposure to harmful substances at the workplace.
Moving Out of State
If the defendant moves out of state and cannot be found prior to taking legal action against them, the statute of limitations will only apply once they return to the state.
Death of the Original Plaintiff
If a plaintiff makes a personal injury claim but passes away before the release of the compensation, a relative will be able to make another claim in their memory. A new three-year limitation will be set, which starts on the death date of the original plaintiff.
Benefits of Getting a Personal Injury Lawyer in MN
Making a personal injury claim can be complex and confusing. You must exert time and effort to win your case because the defendant and their insurance companies will most likely contest your claim and negotiate to give you a lower compensation than what you actually deserve.
To increase your chances of getting the maximum compensation, it’s important to seek advice from an experienced personal injury lawyer as early as possible. Even if the three-year limitation period is up, your preferred lawyer will still be able to lay out all possible options for you based on your circumstances, allowing you to get compensation much faster.
In addition, a personal injury lawyer in MN will allow you to:
- Help you understand everything you need to know: Insurance companies may take advantage of your lack of knowledge and not give you the best compensation that matches your circumstances. With a personal injury lawyer to guide you, you will be aware of the entire claim process and be capable of making better decisions.
- Represent your best interests: Your lawyer’s main objective is to win your case and get you the compensation that is right for you. If the other party won’t settle, your lawyer will take your case to trial to obtain the highest compensation possible.
- Maximize your claim: An experienced lawyer will properly value your claim by taking into consideration every effect the injury or illness has brought you. This allows you to have a higher potential claim value.
- Make the compensation claim process faster: Your personal injury lawyer will try to negotiate with the defendant’s team to expedite the process through a settlement, eliminating the need to bring the case to trial. However, if an agreement can’t be made, your lawyer will use all necessary aspects of your injury or illness to win the case quickly in court and help you get compensated as fast as possible.
Contact One of the Top Personal Injury Firms in Minnesota
Osterbauer Law Firm provides free, no-obligation initial consultation for every Minnesota resident that needs assistance in making a personal injury claim. We will help you understand all your rights and keep you informed of all your options under Minnesota laws.
Speak with a seasoned personal injury lawyer in MN today by calling 612-324-1878 or filling out our contact form.