Minneapolis Car Accident Lawyer

 
We hope these answers to commonly asked questions are helpful.  If you have additional questions, don’t hesitate to call our Minneapolis car accident lawyers at 651-259-1113.  The initial consultation is free.

Statute of Limitations for Minneapolis Car Accident Claims

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 is under 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.)

Additional Tyroler Leonard Injury Law Car Accident Case Victories

Let’s take a look at additional cases that our Minneapolis car accident attorneys have successfully handled.  We always put our clients first, and we make sure they are protected and listened to throughout the process.

• $608,000 Verdict For A Woman Who Had Low-Back Surgery After A Minnesota Car Accident. The Insurer Offered $26,000 Before Trial.
• $405,000 Settlement For A Girl Who Suffered Serious Hip And Pelvis Injuries As A Passenger In A Minnesota Car Accident.
• $400,000 Settlement For Three Women Suffering Various Injuries In A Minnesota Car Crash.
• $384,000 Settlement For A Woman Injured By Two Negligent Drivers And Required A Revision Of A Previous Hip Replacement
• $350,000 Settlement For A Man Who Suffered A Neck Injury In Minnesota Car Crash.
• $350,000 Verdict For A Woman Who Had Neck Surgery After A Minnesota Car Accident. The Insurer Offered $15,000 Before Trial.

What the above numbers and case descriptions show is that Tyroler Leonard Injury Law knows how to win financial compensation for car accident clients who have been wronged and who suffered because of someone else’s negligence.

Minnesota Shared-Fault Rules

Minneapolis car accident 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 driving 10 miles over the speed limit and another car runs a red light and smashes into your car.  You sustain several broken bones and head trauma.  Eventually, it’s determined that you are 20% at fault for the accident because you were speeding, but the other driver is 80% at fault because they ran a red light.  Let’s say the total damages for the accident are calculated to be $700,000. Under Minnesota’s comparative fault rule, 20% (the percentage of fault assigned to you) will be subtracted from that $700,000.  This means you may collect 80% of the total, or $560,000.

If you have additional questions about the particular facts in your case and how fault might be determined, talk to a skilled and experienced Minneapolis car accident lawyer at Tyroler Leonard Injury Law.

Different Types of Injuries in Car Accidents

Car accident lawyers in Minneapolis, MN, 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.  Some of 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
• 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
• Vehicles with manufacturer defects.

How Do You Prove Negligence in a Car Accident Lawsuit?

In a Minneapolis car accident lawsuit, your attorney will need to prove that the other driver acted negligently when they caused the crash 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 four elements in your lawsuit.  These include:

• Duty
  The defendant owed the plaintiff a legal “duty of care” to ensure that an environment or location was safe.
• Breach
  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.
• Causation
  A plaintiff must show that the defendant’s actions, or inaction, caused the injuries to another person.
• Damages
  Damages means that there’s a monetary way of compensating a plaintiff for their injuries and property damage.

Who is the defendant in a car accident lawsuit?

There can be one or several defendants in a car accident case.  For example, if you’re hit by a commercial vehicle, potential defendants could include the other driver, his insurance agency, the company that owns the fleet of cars, and even the car manufacturer if there’s evidence of a manufacturing defect that caused the brakes or airbags to fail.  Also, a government agency could be a defendant if the agency was negligent in road construction, upkeep, or signage.

How long does a car accident lawsuit take?

Each car accident case is different, depending on how many witnesses need to be interviewed, the amount of evidence to be examined, who is at fault, the number of defendants, and the willingness of the defendant(s) to negotiate.  Cases can take a few months to a few years to reach a settlement agreement or jury award.  Settlements often happen faster than cases where courtroom litigation is required, but settling can result in less money.  A Minneapolis car accident attorney at Tyroler Leonard Injury Law can advise you about the potential timeframe for your case.

What to Do Immediately After a Car Crash

If you’ve been involved in a car accident, there are several steps you should take to protect your safety and preserve evidence needed, should you decide to file a lawsuit.  These include:

1. Call 911 and ask police to respond to the scene.
2. If you’re in heavy traffic, make sure you stay safe.
3. Seek medical attention right away, whether that means letting paramedics treat you in an ambulance or visiting your family doctor promptly.
4. Get the name and insurance information from the other driver, but don’t engage in casual banter.
5. If there are witnesses to the crash, get their contact information.
6. If you are able, use your cell phone to take pictures of your injuries, damage to the vehicles, and the accident scene.
7. Answer the police officer’s questions succinctly, but don’t over-explain.  DO NOT acknowledge fault for the accident.
8. Make note of whether there are any surveillance cameras nearby.
9. Hire a Minneapolis car accident lawyer to represent you.

Your attorney can field questions from insurance companies, gather police and medical reports, interview witnesses, investigate the accident scene, and build a strong legal case on your behalf.

Contact a Minneapolis, MN, Car Accident Lawyer Today

If you or a loved one has been injured or killed in a car accident, your world has been turned upside down.  While money can’t change all the turmoil you’ve been through, it can help pay medical bills and provide for your family going forward.  You shouldn’t have to suffer alone after a car accident, especially if your injuries were caused by someone else’s negligence.  A skilled and experienced Minneapolis personal injury lawyer at our firm can help.  We will fight for the justice you deserve.  To find out more about how we can help, call Tyroler Leonard Injury Law for a free initial consultation at 651-259-1113.