If you or someone you love were injured due to another’s carelessness, you may be wondering how personal injury claims work in Minnesota. Our Eagan personal injury lawyers are ready to answer your questions and help you seek the compensation you deserve.
At Sieben Polk P.A., we understand that each case is different. Accordingly, we will tailor our legal counsel and representation to your unique situation to ensure you receive the high-quality services you deserve. Schedule a free consultation to evaluate your situation by calling (651) 437-3148 or filling out our online contact form.
How Do Personal Injury Lawsuits Work in Minnesota?
When you come to us with your personal injury claim, we will start by scheduling a free initial consultation to learn more about your case and explain your legal rights and options. All personal injury lawsuits must be filed before the governing statute of limitations. If you don’t file your lawsuit on time, you will most likely lose your right to seek compensation in court. Therefore, it’s crucial to speak with an experienced attorney as soon as possible.
Though each case is unique and requires the individualized attention of a skilled lawyer, there are some steps that overlap across claims. Here are the steps you can expect in your case:
1. We Will Help You Identify Who Is At Fault for Your Injuries
We must first identify the person responsible for your injuries or losses. Responsible parties will vary widely based on the underlying facts of your case. The identity of the at-fault party will also determine which kind of claim you file. No matter the circumstances of your case, our attorneys will identify all sources of liability to maximize your compensation.
Importantly, fault may be shared among all involved parties, including plaintiffs. If you were partly at fault for your injuries, Minnesota’s comparative fault law may still allow you to collect compensation. Our attorneys will push back against claims that you contributed to your accident.
2. We Will Help You Gather Evidence
Our legal team will then collect all available evidence to prove your claim. Meanwhile, you can focus on what’s most important: your recovery. In all cases, your medical billing and treatment records will help establish the extent and severity of your injuries.
Beyond that, the evidence needed to prove your claim will vary based on the circumstances of your accident. For example, auto accidents may rely heavily on police accident reports whereas product liability cases may hinge on expert testimony regarding consumer safety.
Our team will leave no stone unturned in search of evidence needed to substantiate your claim. We will:
- Visit the accident scene to obtain firsthand details.
- Hire accident reconstruction experts to show how the other party caused your injuries.
- Contact eyewitnesses to get more details about the incident.
- Obtain police reports to support your claim.
- Obtain video footage from nearby security cameras.
3. We Will Assess Your Injuries, Medical Care, and Rehabilitation Costs
Next, we will carefully evaluate your medical records to understand the full impact of your injuries on your well-being and ability to enjoy the same quality of life as before the accident. Among other things, we will assess any special needs caused by the accident. For example, catastrophic injuries like amputations and paralysis will require specialized rehabilitation and ongoing care.
If necessary, we will work with an established network of trustworthy expert witnesses who can comprehensively assess your damages. Testimony from these kinds of specialists often turns the tide of a case.
4. We Will Calculate Your Estimated Compensation
Based on our evaluation of your damages, we will determine an appropriate amount of compensation to demand from the liable parties in your case. Compensable damages available in personal injury cases normally include things like:
- Medical and rehabilitation expenses
- Lost income
- Lowered earning capacity
- Physical pain and suffering
- Emotional distress
- Permanent disfigurement and disability
- Loss of enjoyment of life
- Loss of consortium
- Property damage
In cases involving extreme negligence or intentional harm, you may also receive punitive damages. Unlike the compensatory damages discussed above, punitive damages are awarded to punish defendants and deter similar conduct in the future.
If your loved one died as a result of their injuries, a trustee may be able to file a wrongful death lawsuit. Compensation recovered through this kind of claim is distributed to the decedent’s surviving spouse and next of kin.
5. We Will Negotiate a Fair Settlement or Fight for You in Court
After evaluating the full extent of your injuries and losses, our attorneys will send a settlement demand letter to the at-fault party’s representatives. This letter will detail how you were injured, why the defendant is liable, and how much compensation you are seeking.
The other side will respond with a settlement offer or deny liability. Our skilled lawyers will try to negotiate a settlement that meaningfully compensates you for your damages. If the defendant refuses to compensate you fairly, we will discuss with you the pros and cons of taking your case to court.
Arguing your case in court will extend the timeline for resolving your claim. However, the wait may be well worth it, as the compensation you can receive at trial often far exceeds the amount you could receive through an out-of-court settlement.
File Your Personal Injury Claim With Sieben Polk P.A.
If you’re wondering how personal injury claims work in Minnesota, you’ve come to the right place. Sieben Polk P.A. is a nationally recognized personal injury law firm with deep local roots. We protect the rights of injury victims throughout Minnesota and the Upper Midwest.
Our personal injury lawyers are ready to handle your case. We will identify the at-fault parties in your case, calculate your full and fair compensation, negotiate a settlement with the defendants, and represent you in court if a fair settlement cannot be reached. Schedule your free, no-obligation consultation by calling (651) 437-3148 or filling out our online contact form.
