Plymouth, MN, Car Accident Lawyer

Different Types of Injuries in Car Accidents

Our car accident lawyer in Plymouth, 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.

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 manufacturing defects.

Though we can account for our own driving and how we are driving, we are not able to keep other people from driving recklessly. It is always important to practice defensive driving and to pay attention to your surroundings. You want to make sure that you are watching the road, that you are watching other drivers, and that you are watching for anything out of the ordinary that might affect your driving and your getting to where you are trying to go.

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 rehab expenses. This means the cost of the initial medical bills, the cost of any surgeries or corrective procedures that are needed, and, of course, any continuing care you might need.
• Lost wages. You can also be compensated for the time off work that you have to take to recover.
• Loss of future earnings. This means if you are disabled or if you are unable to go back to work, you are going to be able to be compensated for that.
• Pain and suffering. This will be figured based on the event and how it affects you.
• Loss of consortium or companionship.
• Emotional distress (including trauma, humiliation, and disfigurement).

You may also be entitled to punitive damages. Punitive damages are damages that are awarded in cases of gross negligence, malice or recklessness. They are intended to punish the guilty party and deter others from similar conduct.

Statute of Limitations for Car Accident Claims in Minnesota

In most cases, the statute of limitations for a car accident claim is six years in Minnesota.
The 6-year statute of limitations for Minnesota car accident lawsuits can be found at Minnesota Statutes section 541.05. There are a few scenarios in which the “clock” on the 6-year 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 when 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

Plymouth car accident claims follow a “modified comparative negligence” rule.

Like many states, Minnesota follows the modified comparative negligence rule when determining fault and computing damages. This means that if you were partly responsible for the accident, the amount of damages you are entitled to will be decreased accordingly. 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 to your mother’s house on a road where the speed limit is 40 mph, but you’re in a hurry so you’re driving 50 mph, 10 mph over the speed limit. In all other ways, you’re correctly following road signs and traffic rules. You enter an intersection where cross traffic has stop signs, but you do not. Suddenly, your car is hit broadside by another vehicle crossing the intersection after that car failed to stop at the stop sign.

In this scenario, you were driving over the speed limit, but the other driver failed to stop at a stop sign and crashed into your car. Eventually, it’s determined that you are 25% at fault for the accident, and the other driver is 75% at fault. Let’s say the total damages for the accident are calculated to be $80,000.

Under Minnesota’s comparative fault rule, 25% (the percentage of fault assigned to you) will be subtracted from that $80,000. This means you could collect 75% of the total, or $60,000.

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

How Do You Prove Negligence in a Car Accident Lawsuit?

In a Plymouth car accident 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:

1. Duty
   The defendant owed the plaintiff a legal “duty of care” to ensure that an environment or location was safe.
2. 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.
3. Causation
   A plaintiff must show that the defendant’s actions, or inaction, caused their injuries. This is where a skilled attorney comes in handy. They can help collect the evidence necessary to prove causation and to get you the settlement you deserve.
4. Damages
   Damages means that there’s a monetary way of compensating a plaintiff for their injuries and property damage.

Choosing the Best Plymouth Car Accident Attorney

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

Choosing the right Plymouth car accident lawyer is one of the most important decisions you will make. All attorneys are not created equal. Some have more experience, skill, and determination than others. Error! Hyperlink reference not valid.Error! Hyperlink reference not valid.Taking the time to find an attorney that not only has the skills needed to get you a settlement, but also the compassion to work with you and to ensure you are well cared for is a must. The right attorney is going to make all the difference and is going to help you feel secure, feel like you have a shot, and get you the settlement that you need to truly succeed and focus on healing.

Contact Our Plymouth Car Accident Lawyer Today

If you’ve been injured in a car accident and need help getting the compensation you deserve, Tyroler Leonard 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.