Maplewood Car Accident Lawyers

Different Types of Injuries in Car Accidents

Our car accident lawyer in Maplewood, MN, can file legal claims for a variety of injuries.

Preliminary data from the National Safety Council (NSC) shows that as many as 42,060 people are estimated to have died in motor vehicle crashes in the U.S. in 2020. The estimated rate of death on the roads in 2020 spiked 24% over the previous 12-month period, despite miles driven in 2020 dropping 13%. This increase in the rate of traffic deaths is the highest estimated year-over-year jump in 96 years, according to the NSC.

An estimated 4.8 million additional roadway users were seriously injured in car and truck accidents nationwide in 2020, and the estimated cost to society was about $474 billion, according to the NSC.  There are several types of injuries that commonly occur in traffic accidents.  These include:

• Concussions,
• Traumatic brain injury (TBI),
• Neck and back injuries,
• Broken bones,
• Cuts, abrasions, and lacerations,
• Internal bleeding,
• Organ damage,
• Burns,
• Puncture wounds,
• Paralysis, and
• Wrongful death.

Some common causes of vehicle crashes include:

• Speeding,
• Drunk driving,
• Distracted driving (texting, talking on the phone, adjusting the radio, etc.),
• Failure to follow rules of the road,
• Illegal lane changes,
• Running through traffic lights and stop signs,
• Ice, snow, rain, and inclement weather, and
• Vehicles with manufacturing defects.

Damages Car Accident Victims May Be Entitled To

If you’ve been injured in a car accident 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, and
• 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 if 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 Car Accident Claims in Minnesota

Because of Minnesota’s statute of limitations, you have a limited amount of time to act. Generally, if the six-year negligence statute of limitation expires, personal injury victims lose the legal right to obtain compensation for their injuries. However, there are some exceptions.

For example, if the injured victim was under 18, the personal injury statute of limitations doesn’t expire until the victim turns 19, even if the six-year period ends.

The delayed discovery rule is another example. This rule doesn’t come up too often in car wreck claims. Generally, car accident victims sustain trauma injuries which are readily apparent. But other people have illnesses that take many years to develop. Under the delayed discovery rule, the statute of limitations clock does not start ticking until victims know the full extent of their injuries and they connect those injuries to a defendant’s wrongful conduct.

Assume Jamal takes Drug X in 2022. The next year, the government recalls Drug X because it causes cancer. In 2032, Jamal’s doctor diagnoses him with cancer. In 2034, he stumbles across a news story about the link between Drug X and cancer. In this example, the statute of limitations clock doesn’t start ticking until 2034. So, Jamal has until 2040 to file a claim for damages.

Minnesota Shared-Fault Rules

Even if you were partially at fault for a wreck, a Maplewood car accident lawyer can still obtain compensation in court.

Except for some single-car collisions, almost all vehicle collision claims have multiple causes. Therefore, the comparative fault defense is available in almost all such cases.

Essentially, comparative fault, or contributory negligence, shifts blame for an accident from the tortfeasor (negligent party) to the victim (innocent party). The defendant, which is usually an insurance company, has the burden of production and the burden of persuasion.

The burden of production means the insurance company must convince a judge that, based on the facts, the comparative fault defense applies. Assume Ben collides with Jerry. Ben ran a red light and Jerry was speeding 1 mph over the limit. Technically, they are both partially at fault. But Jerry’s marginal speeding probably didn’t contribute to the wreck in any meaningful way.

Now assume Ben ran a yellow light and Jerry was speeding 20 mph over the limit. Based on these facts, a judge would probably rule that the comparative fault defense could apply.

The burden of persuasion means the insurance company must convince jurors that Jerry’s excessive speed, as opposed to Ben’s negligence, caused the wreck. Usually, jurors divide responsibility on a percentage basis, such as 50-50 or 70-30.

At this point, different states have different rules. Minnesota is a modified comparative fault state with a 51 percent bar. So, if a victim is less than 49 percent at fault, the other party must pay a proportional amount of compensation.

How Do You Prove Negligence in a Car Accident Lawsuit?

Basically, negligence is a lack of ordinary care. Minnesota law lays out four basic elements of a negligence case:

• Duty: Most noncommercial drivers must follow the rules of the road and drive defensively. That’s called a duty of reasonable care. Commercial drivers, like Uber drivers and taxi drivers, are held to a higher standard of care in Minnesota.
• Breach: A breach is a violation of duty. Not every driving error is a breach of duty. Jerry’s 1 mph speeding was probably not a breach of duty. However, it could be a breach of duty if the road was icy or conditions were otherwise bad.
• Cause: This element has two sub-elements. First, a Maplewood car accident lawyer must show a connection between the breach and the damage. Additionally, victim/plaintiffs must prove foreseeability (possibility). If Jerry got a sepsis infection at the hospital, even though there is a connection between the infection and the wreck, Ben is not legally responsible for it. A hospital infection is not a foreseeable injury.
• Damage: In most cases, the victim must have a tangible injury that money could address. Sometimes, victims may file claims for negligent infliction of emotional distress, which is slightly different. Money cannot turn back the clock and reverse an injury. But it’s the only remedy available and, quite frankly, it helps.

Typically, a judge decides the legal issues in a case, like duty and foreseeability. Usually, a Maplewood car accident lawyer must prove the other elements by a preponderance of the evidence (more likely than not).

Common defenses in negligence claims include comparative fault, which was discussed above, assumption of the risk, sudden emergency, and last clear chance.

Choosing the Best Maplewood Car Accident Attorney

Skill, experience, and a track record of success make all the difference.

Minnesota has more lawyers per person than almost any other state. Almost all of them could probably handle a car crash case. But only top Maplewood car accident attorneys can obtain maximum compensation in court. The best lawyers have the right combination of experience, dedication, and accessibility.

Law school instructors help their students think like lawyers. But only practice experience helps these former students act like lawyers. All courts have unique procedural and other rules. Many of these rules are unwritten. No one can learn these things in school.

Practice experience is good, but even it is not enough. Your attorney should have a successful track record and some trial experience. You don’t want a lawyer with limited skills who looks for the easy way out.

Dedication to personal injury means dedication to the victims of these accidents. An attorney must want to stand up for your legal and financial rights, both in court and during settlement negotiation sessions.

Finally, your lawyer should be accessible and available. If you have a question, you should be able to talk to your lawyer, and not a less-experienced associate or a non-lawyer assistant.

Isaac Tyroler has these qualifications, and more. He has been practicing law for more than a decade and is admitted to the bar in Minnesota and Wisconsin as well as in U.S. District Court.  Over the years, he has won millions of dollars for families just like yours. Additionally, Mr. Tyroler is a multiple recipient of the Super Lawyers Rising Star Award. He is also a frequent speaker at legal seminars.

Contact Our Maplewood Car Accident Lawyer Today

If you’ve been injured in a car accident and need help getting the compensation you deserve, Tyroler Injury Law can help. We have a track record of success in holding careless drivers accountable for the injuries and harm they cause. We represent all our clients aggressively and fight for their rights. To find out more about how we can help, call us for a free initial consultation at 651-259-1113.