When you are involved in an accident, there will be so much to wrap your head around. Have you been seriously injured? Was someone else at fault? Were you at fault? Will insurance provide protection?
Additionally, there are various myths and misconceptions surrounding personal injury law that could compound your worries and frustrations. Most people have never had to file a personal injury lawsuit, so it is easy to see why there will be so much unfamiliarity with the system.
Due to this, we have talked to many clients who have been given some false information about their potential case or how they can place themselves in the best position to win their case. Today, we want to take a closer look at some common misconceptions about personal injury cases in Minnesota.
Misconceptions about Minnesota Personal Injury Case
From the deadlines to the Minnesota statutes, many people are unclear or have the wrong assumptions about personal injury law. We hope to clear up some of those myths and misconceptions. Here are some common myths and misconceptions we hear during the course of helping clients with their case.
Misconception 1: Fault Does Not Matter In Minnesota
While Minnesota is a no-fault state when it comes to automobile insurance laws, many people think that fault will not have an impact since their auto insurance provider will provide coverage in the aftermath of an accident. However, this is not the case. If your medical expenses are above $4,000 or if the accident results in a permanent injury, you will be entitled to pursue a personal injury claim against the person who was at-fault.
Misconception 2: I Was Partly At-Fault, So I Cannot Pursue A Claim
When it comes to the determination of who was at-fault and seeking compensation for your injuries, it does not matter if you were found to be partly at fault for the accident. One of the key deciding factors is whether the other party was more at fault. Each party will be given a fault rating.
What will happen if you are given a higher fault rating than the other party? A higher fault rating could limit the amount of compensation you may receive, but you can still move forward with your pursuit for a claim. The damages will be reduced by your fault rating.
Misconception 3: The Case Will Take Years
When you are the victim of a personal injury lawsuit, you will have to file your claim within the state’s statute of limitations. In Minnesota, you have (2) years from the day the accident happened to file a civil claim. Many parties never have to step into a courtroom and the case can be settled within months or a year after the accident.
The length of the case will depend on how the accident occurred, the insurance coverage availability, whether the insurance coverage is full or limited coverage, and other additional factors.
It is important to know that not all claims will be standard, so you do not want to assume you have a significant amount of time to pursue your case. A claim against the state or the state’s employees will have to be made within 180 days. On the other hand, a no fault claim against an auto insurance provider will need to be made within 6 months of the injury.
It is rarely a wise decision to put a personal injury claim on hold because evidence and witness accounts can quickly dissipate.
Misconception 4: Personal Injury Cases Are Too Complex
While personal injury cases being complex is a true statement for many, it does not have to be a true statement for you. When you partner with the right law team, you will have the right people going over every detail of your case. Also, since most personal injury lawyers will not require a payment until after you win, we certainly think it will be worth it to give your case a chance and not assume it is not worth the pursuit.
Misconception 5: I Do Not Need A Personal Injury Lawyer
In Minnesota, there is an attitude and spirit that we have. We take pride in being able to do things on our own. However, there are some things that will warrant seeking assistance from someone. Hiring a lawyer for your personal injury claim will be the best thing you can do for your case. You should not try to handle this situation on your own.
Personal injury lawyers will have the skills and experience that are needed to handle personal injury claims, as well as negotiating and talking with insurance companies. If you make the decision not to hire a lawyer, you could jeopardize your rights and your ability to receive the compensation you deserve. Unfortunately, we have seen many insurance companies take advantage of victims like yourself.
In Minnesota, there are many uninsured or underinsured drivers. However, most victims have Uninsured or Underinsured coverage. If your insurance company does not want to pay, a personal injury lawyer will seek compensation. If the case does not reach a settlement, the case will generally go to arbitration.
Minnesota has a variety of indirect liability laws. For example, did you know that if the person who was responsible for the injuries to another person was working at the time of the accident that the employer could be responsible for damages? Minnesota also has a law that can hold bars, liquor stores,, and other establishments liable for damages if one of their patrons caused an accident due to being intoxicated?
For assistance with any part of your personal injury claim, or if you simply have questions and concerns that you need addressed, reach out to the team at Villaume & Schiek today. To get maximum compensation for your claim, contact us for a consultation by completing our online form or by calling 952-641-7734.
We provide free case evaluations and can help you get the compensation you deserve. We have a vested interest in getting our clients the results they want and need.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.