Personal injury cases are traumatic, to say the least. First, you, or your loved one is seriously injured in an accident; then, you are forced to struggle and find an attorney that is going to fight for you. Personal injury cases have the potential to be helpful to those that have been injured in that they can help pay medical bills, give you money to rest while you try to get back on your feet, and allow you the financial freedom to actually recover.
If you or someone you love has been injured by the negligence of another person, you may be entitled to compensation under Minnesota law. The right experienced Blain, MN, personal injury lawyer can help build a case, fight for you and support you through your personal injury suit. The right lawyer can help you get the settlement you need to move forward and start to get your life back on track.
Different Types of Injuries We See
Personal injury lawyers in Blain, MN, file legal claims for a variety of injuries.
There are so many types of injuries that can fall into the category of personal injury. Knowing what type of injury is classed as a personal injury and what might entitle you to a settlement is a must. A good general definition of personal injury is any injury that is the direct cause of the action or inaction or negligence of another person.
Some of these accidents and injuries include:
Whether your injuries are moderate or life-threatening, they have clearly interrupted your daily living, caused unanticipated expenses and setbacks, impaired your ability to earn an income, and reduced your quality of life. The legal system has ways of compensating you for all that you have lost.
Choosing the Best Blain Personal Injury Attorney
Skill, experience, and a track record of success make all the difference.
Choosing the right Blain personal injury lawyer is one of the most important decisions you will make, and it can be a real struggle. You want to find a lawyer that has experience, dedication and also the compassion that is needed to truly fight for you and to create a case that is watertight. The right attorney is going to be able to work with you to figure out what the best course of action is; they will work with you to create a plan and to talk to the correct authorities and get witness statements if necessary; and they can help you create a case that is going to help prove that the injuries were the result of the negligence of another person.
Personal injury cases are notoriously hard to fight, but with the right attorney, you can be sure that your case is going to be strong enough to stand up to any scrutiny and to get you and your family the settlement that you need. Your lawyer is going to be your biggest ally and is going to help you not only build your case, they will also support you through the proceedings and be a true ally in the process.
Personal Injury FAQs
Personal injury attorneys in Blain, MN, answer frequent questions.
Clients often have similar questions about various aspects of a personal injury lawsuit. These questions can include queries about timing, definitions, settlement amounts, and costs. Following are some answers to frequently asked questions:
What does “personal injury” mean?
A personal injury claim is typically brought when a person suffers actual bodily or emotional harm caused by another party’s recklessness, negligence or malice. Bodily injury can be something like broken bones or something as severe as paralysis. To receive damages, a plaintiff must show that they suffered a serious injury or disfigurement or incurred costs or financial setbacks as a result of the defendant’s actions.
What is the average personal injury settlement amount and how is it determined?
There is really no average amount that can be assigned to a personal injury settlement. Each case has its own nuances, its own differences, and its own set of special circumstances. In most cases, the worse the injury or the more severe the accident, the larger the settlement. Another thing to consider is the recovery time and what has to be done to recover. Does the person need surgery? Are they disabled? Do they need physical therapy, and so on? You also need to consider the number of people who were injured, whether someone died, and the evidence that was provided for the accident. You have a much better chance at getting a higher settlement with the help of an attorney.
Will I have to testify in court?
In most cases you are not going to have to go to court to settle your personal injury case. The vast majority of personal injury cases are settled out of court and never actually make it to the courtroom. There are some cases, however, where a case does not settle before it gets to court; you may need to take the stand to fight for your settlement and to give your side of the story. Your Blain personal injury attorney will help you better understand the process and what you need to prepare for.
How long does a personal injury lawsuit take?
Again, this varies for each case. It can take as little as a couple of weeks all the way up to years. It depends on the complexity of the case, the different aspects of the case, how many witnesses were present, how many statements need to be taken and so on. It is always best to speak with your lawyer about what the expected timeline is, to help you get a better idea of what you can expect.
What is “pain and suffering” and how do you measure it?
Pain and suffering is a blanket term that is used to describe both the immediate and lasting effects of an injury or accident. This can be things like:
- Physical pain
- A lasting disfigurement
- Mental anguish.
These are all going to be measured differently. The judge or jury is going to go by a few different factors to take the nuances of the case into account when determining this amount. Pain and suffering is just one component of any settlement. There are other things, like the cost of medical bills, the cost of recovery and any ongoing treatment that you might need, that all factor into the final total.
How much does it cost to hire a Blain personal injury lawyer?
The good news is that Tyroler Leonard Injury Law works on contingency, which means that we don’t get paid until you get paid. Our legal fees are paid as part of a settlement agreement or jury award. If for some reason your claim is not successful, then you owe us nothing.
Damages Injury Victims May Be Entitled To
If you’ve been injured due to someone else’s negligence, you may be entitled to damages. Damages can be both economic and non-economic. They include:
- Medical and rehabilitation expenses (current and future)
- Lost wages
- Loss of future earnings
- Pain and suffering
- Loss of consortium
- Emotional distress (including trauma, humiliation, and disfigurement).
In some instances, there can also be punitive damages in addition to the damages listed above. Punitive damages are awarded by a court when there is evidence of gross negligence by a defendant who knowingly or recklessly placed persons in danger, or when the defendant had a history of safety violations. Punitive damages, as the name implies, are designed to punish a defendant and prevent any other would-be wrongdoers from being similarly negligent.
Statute of Limitations for Personal Injury Claims in Minnesota
In most cases, the statute of limitations for a personal injury claim is six years in Minnesota.
The 6-year statute of limitations for Minnesota personal injury lawsuits can be found at Minnesota Statutes section 541.05. There are a few scenarios in which the “clock” on the statute of limitations might be delayed. These include:
- If the injured person under is the age of 18, then the statute does not run until the later of 6 years or the person turns 19 years old.
- If the injured person is legally insane, then the clock won’t start running until the period of legal disability is over (mental competence is restored). However, this filing deadline won’t be extended beyond five (5) years; and once sanity is restored, the suit must be filed within one (1) year. (Minnesota Statutes section 541.15.)
Minnesota Shared-Fault Rules
Blain personal injury claims follow a “modified comparative negligence” rule.
Some states, including Minnesota, follow a rule known as modified comparative negligence. This means the law recognizes that in many situations, more than one person may be at fault for an accidental injury. The court or jury will determine the amount of fault that belongs to each party based on the facts in a case. As long as your share of the fault is 50% or less, you will be entitled to collect some amount of damages for your injury.
Let’s take a look at an example that illustrates this rule. Suppose you’re shopping in a grocery store and you slip and fall on a pool of water that has accumulated from the produce section. You didn’t see the water because you were busy looking at the produce. Eventually, it’s determined that you are 15% at fault for the accident, and the grocery store is 85% at fault. Let’s say the total damages for the accident are calculated to be $100,000. Under Minnesota’s comparative fault rule, 15% (the percentage of fault assigned to you) will be subtracted from that $100,000. This means you could collect 85% of the total, or $85,000.
If you have additional questions about the particular facts in your case and how fault might be determined, talk to a skilled and experienced Blain personal injury lawyer at Tyroler Leonard Injury Law.
How Do You Prove Negligence in a Personal Injury Lawsuit?
In a personal injury lawsuit, your attorney will need to prove that the other party acted negligently when they caused the accident in which you were injured. A defendant can be a person, a business, an insurance company, a government entity, or any combination of these.
To prove negligence, your attorney will have to prove 4 elements in your lawsuit. These include:
The defendant owed the plaintiff a legal “duty of care” to ensure your safety.
A plaintiff must show that the defendant breached this duty by doing, or failing to do, something that a reasonable person would have done in a similar situation. Either their actions caused the injury or their inaction caused it.
A plaintiff must show that the defendant’s actions, or inaction, was the cause of their injuries. This is where evidence comes in handy and can make all the difference.
Damages means that there’s a monetary way of compensating a plaintiff for their injuries and property damage.
Contact Our Blain Personal Injury Lawyers Today
If you or a loved one has been injured in an accident, you may be entitled to financial compensation. This is especially true if you were injured due to someone else’s recklessness or negligence. Our skilled and experienced Blain personal injury attorney 651-259-1113.