If you have been injured in an accident that was not your fault, you may be wondering if you have the option to file a personal injury lawsuit. In Minneapolis, the answer is most likely yes.
A personal injury lawsuit can provide the financial compensation you need to cover your medical expenses and other damages related to the accident. However, it is important to understand the process and what to expect before you file a lawsuit.
In this blog post, we will take a look at the process of filing a personal injury lawsuit and getting the best Minneapolis injury lawyer out there.
When Are You Eligible for a Personal Injury Lawsuit in Minneapolis?
There are many types of accidents that could result in personal injury, but under Minnesota law, there are three different instances when you would be eligible to bring forth a civil claim. These include negligence, an intentional act, and medical malpractice.
Negligence occurs when someone’s unreasonable carelessness causes injuries or damages to some other person, which includes car accidents, slips and falls, or some other type of incident on another person’s property.
To prove this, it must be shown that the defendant had a duty toward you, breached their duty and caused your injuries, and that those injuries resulted directly from their breach.
In an intentional act, the defendant’s actions or lack of action must be so unreasonable or outrageous that others around them should have known the conduct might cause someone harm.
The Minnesota Supreme Court has described it as foreseeing being hit by lightning. Something so far-fetched they wouldn’t have considered it likely — but yet it occurred. In most cases, with intentional acts, there is either some motivation or self-interest.
Medical malpractice occurs when a medical professional fails to meet the accepted standard for care in their profession, and this failure results in damages or injuries to the patient. It also includes cases involving pharmacists who dispense incorrect drugs or dosages which cause harm.
There are several different types of damages available in personal injury cases. These include economic damages such as lost wages, medical expenses, and damage to one’s property; non-economic damages such as pain and suffering, mental or emotional distress and disfigurement; and punitive damages which punish the defendant for their egregious acts.
Time Limits for Minneapolis Personal Injury Lawsuits
If you are planning to file a lawsuit against other individuals or companies, you first need to find out if your case falls under the Minneapolis statute of limitations laws.
These are basic limits imposed by the state on how long you have to file your claim or case. The time limit can vary for different types of cases, but if you fail to abide by the rules, then it is very likely that your case will be dismissed.
Minnesota law states that a medical malpractice lawsuit must be filed within two years from the date of injury or surgery. If both these dates are known, it needs to be taken care of before the statute runs out. Otherwise, it would become difficult to move forward with your medical malpractice claim.
There are also certain conditions where an individual will have to take prompt action after the incident occurs. This is where it gets complicated as these cases are unique, and one has to hire an experienced personal injury law firm in Minneapolis.
Generally, most states have a two-year statute of limitations under which you can file an injury lawsuit if it is against another party. However, there are some exceptions where the person filing the lawsuit needs more time to gather necessary evidence or understand that another individual has wronged them.
Minneapolis Shared Fault Rules
In Minneapolis, there are currently three Shared Fault liability rules: “comparative negligence,” “contributory negligence,” and “assumption of the risk.” If you or someone you know has been injured due to another party’s actions, it would be important to contact an experienced Minnesota Personal Injury Attorney.
Comparative Negligence Rule (Shared Fault Liability)
Under Minnesota’s Comparative Negligence Rule, a defendant who is found to be negligent cannot recover damages if the plaintiff is also found to be negligent.
This means that each party has an equal responsibility for causing the accident or injury. Therefore no one can recover damages from another party involved in the incident.
The differences between parties’ degrees of fault are then weighed during settlement negotiations or trial proceedings. Each defendant’s degree of the fault must be determined before these negotiations or proceedings take place. The court will not determine how much fault each party has until after it has already reached a verdict on liability.
Contributory Negligence Rule (Shared Fault Liability)
Under Minnesota’s Contributory Negligence Rule, a defendant is not allowed to recover damages from another party unless they are less negligent than the plaintiff. This means that it does not matter if both parties were negligent or just one of them was negligent, only the plaintiff will be able to recover damages from any defendants under this rule.
This can also be referred to as “Pure Contributory Negligence.” This is unusual because most states follow a rule called Contributory Negligence with Comparative Fault.
Assumption of the Risk (Shared Fault Liability)
Under Minnesota’s “assumption of the risk” doctrine, a defendant is not allowed to recover damages from another party if that party assumed the risk involved in doing whatever caused the accident or injury. This rule only applies if all the following conditions are true:
- The plaintiff knew about and understood the risks involved.
- The plaintiff voluntarily exposed themself to those risks.
- A reasonable person would have known about and understood those risks.
- By exposing themself to those risks, they subjectively appreciated those same dangers.
Injury Claims Against the Government in Minnesota
Minnesota law requires a written claim for compensation to be submitted within 180 days of the injury or three years from when the claimant discovered the injury.
An extension can be granted during a declared emergency, but claimants must give notice of their intent to file a claim within 45 days after the termination of said emergency.
If these requirements are not met, there is no recourse for injured parties. Even if there are factual disputes concerning which party caused the injury and if any defendant knew or should have known about the dangers involved in the case at hand. The court rules for the defendants in this case because the plaintiff failed to file his claim within the statutory period.
Personal injuries are some of the most common accidents that Minneapolis residents suffer. However, many Minneapolis injury lawyers believe that they are also one of the most misunderstood types of legal issues. An experienced Minneapolis injury lawyer will be able to help you understand your rights after a Minneapolis accident and assist you in filing a claim for damages.
If you are looking for a Minnesota personal injury attorney, contact Osterbauer Law Firm today. We are an aggressive and compassionate Minnesota personal injury law firm with experienced legal professionals to take care of your case. Our team works hard to hold negligent parties responsible and obtain the best results possible for our clients.