Throughout the US, state laws recognize that people who have been injured by another have the right to be compensated for their injuries. Criminal law can punish a wrongdoer, but civil law allows the victim of someone’s negligence or intentional act to receive financial compensation. Individuals can consult a lawyer in Walker, MN and seek damages for medical bills, lost wages, pain and suffering, disabilities, and disfigurement. If a loved one is killed, the law allows the family to file a wrongful death suit.
Statute of Limitations
These time limits are absolute. Waiting longer will almost certainly mean the court will refuse to hear your case.
- In Minnesota, there is a deadline of two years from the date of the injury in which to file a personal injury lawsuit.
- In a medical malpractice case, the time limit is four years because it takes times for some medical issues to become apparent.
- Anyone injured by a defective product will have four years to file a claim.
Minnesota follows the comparative negligence rule. If someone is determined to be partly to blame, their damages will be reduced accordingly. It the injured person was held to be more than 50% responsible, they would be unable to collect anything for their injuries.
Imagine a two-car accident between a drunk driver and someone driving a few miles over the speed limit. The speeding driver was injured and considered 10% responsible. If awarded $100,000, it would be reduced by 10% or $10,000, leaving net compensation of $90,000.
Insurance Companies Love Comparative Negligence
Insurance companies never want to pay one penny more than they have to. If the injured person admits any level of blame, this will be used to reduce the amount of the check. If they can convince a jury the injured person was at least 51% responsible for the accident, the insurance company is completely off the hook and pays nothing. This also holds true for any individuals or other parties who are sued.
For this reason, be very careful what you say to insurance adjusters or others after an accident. Consult an attorney before giving any recorded interviews.
When you’ve been injured and need to talk to an experienced lawyer in Walker, MN, call Borden Steinbauer Krueger & Knudson, P.A. Visit our website to learn more and schedule a consultation to discuss your legal options.