Under Minnesota Statutes section 541.07, you have two years to file a formal complaint to the state’s civil courts for “libel, slander, assault, battery, false imprisonment, or other tort resulting in personal injury.” So, in case someone has caused your personal injury, regardless if it’s intentional or due to the defendant’s careless act, make sure to file a complaint within two years of the incident. To ensure that you will be able to understand all your rights, we recommend that you get in touch with one of the top personal injury firms Minnesota residents trust.
Read on to find out what exactly a personal injury lawsuit is, who it is for, its limitations and exemptions, and why you can benefit from hiring a personal injury lawyer in Minnesota.
What Exactly is a Personal Injury Lawsuit?
Personal injury lawsuits are a type of legal dispute that occurs when someone was harmed due to an accident or injury that another individual is responsible for. It doesn’t matter whether the personal injury is unintentional or deliberate, as the responsible party will still be accountable for the incident.
The responsible party’s insurance company will need to provide you with compensation and shoulder your medical bills, ongoing medical expenses, and other damages or sufferings that were the result of the personal injury you sustained.
With the professional guidance of a personal injury lawyer, you and the responsible party can either settle the claim informally or in court. If both parties agree upon an informal settlement, a written agreement will be made stating that no more legal actions will be taken, and you will get the amount you both agreed on. On the other hand, if both parties can’t settle the dispute alone, you can file a formal lawsuit alleging that the defendant’s careless actions have caused you harm.
Most common types of Personal Injury Lawsuits
- Dog bite injuries
- Medical malpractice
- Motor vehicle accidents
- Pedestrian accident injuries
- Premises liability
- Products liability
- Workplace accident
- Wrongful accident
Exceptions for Personal Injury Statute of Limitations in Minnesota
The Statute of Limitations in Minnesota is two years of the day of the accident or discovery of the injury. You must file a case within this timeframe to ensure that the court won’t dismiss your complaint.
So, what happens if you miss the deadline? Most likely, the defendant will request the court to dismiss your case immediately. This is, of course, unless you have a valid reason why you should be exempted from the limitation.
Here are some of the rare exemptions that can give you extra time:
Insanity
If you are legally insane, the time limit won’t start until your legal disability is considered treated and you become mentally stable. However, the insanity exemption is only valid for up to five years. You also only have one year to file a lawsuit once you are clinically proven to be mentally stable, regardless of whether the five-year extension is up or not.
Underage
If you are under the age of 18, there is a possibility that the court can grant your case an exemption. In this case, the standard limitation will most likely begin at your eighteenth birthday, when you become of legal age.
MIA Defendant
The court may categorize your case as an exemption and disregard the two-year standard limitations if the person responsible for the injury cannot be served with the lawsuit because they left or moved out of Minnesota.
Benefits of Hiring a Personal Injury Lawyer
Get in touch with one of the top personal injury firms Minneapolis plantifs trust to ensure you can exercise your rights and get the compensation you need. Here are some of the perks of hiring a good personal injury lawyer:
Understanding the whole claim process
Filing a personal injury claim is a complicated process. Without a personal injury lawyer, you may not understand the full scope of all your rights and the process of how you can get your compensation. Your personal injury lawyer will analyze your situation based on the facts and details you provide and tell you which options are available to you — allowing you to win the case and get the right compensation for your injuries.
Expediting the claim
Many personal injury claims take months to complete. You do not have time to wait for that long if you are suffering from severe personal injuries. A personal injury lawyer will ensure that all matters relating to your claim are taken seriously — everything from paperwork to negotiating with the defendant’s lawyers. This approach allows them to expedite the process, getting you the necessary compensation sooner than if you do it alone.
Having a cost-effective solution
One of the biggest reasons probably hindering you from consulting a personal injury lawyer is the knowledge that their service will not be free. However, most personal injury lawyers don’t get paid upfront when they agree to defend your case. You only have to pay them when you win the settlement — which is usually an agreed percentage of your compensation. This arrangement provides assurance that your personal injury lawyer will prioritize your claim and ensure you get an ideal settlement.
Giving you peace of mind
After suffering from a personal injury, perhaps the most important thing you should focus on is your recovery. But how can you do it if you also need to handle all paperwork and everything else related to your claim? By hiring an experienced personal injury lawyer, you can guarantee that all legal matters will be taken care of, and you will have someone who will look out for your best interests. After all, chances are the defendant and their insurance company will have their own lawyers who will contest your claim, so why shouldn’t you have one for yourself?
Osterbauer Law Firm │ Top Personal Injury Firms Minnesota
While you can file a personal injury complaint all by yourself, the truth is that the help of a qualified personal injury lawyer will significantly help you throughout the process. Not only will your lawyer handle all paperwork and processes on your behalf, but they will also do all they can to expedite the complaint process and get you the compensation you deserve. Let them do the heavy lifting so you can focus on your recovery.
At Osterbauer Law Firm, you can get in touch with an experienced personal injury lawyer who will help you understand all your rights and win your case as soon as possible. Take advantage of our free, no-obligation initial consultation now by calling 612-324-1878!
