Albert Lea Personal Injury Lawyer
When one person or party causes injuries or other damages to another party due to negligence, the victim can pursue compensation for the resulting damages through a personal injury claim. Proving negligence may seem straightforward at first, but there are countless ways a personal injury claim can turn into a complex legal battle that can last for months or even years.
The attorneys at Knutson + Casey want Albert Lea residents to know their options when it comes to personal injury claims. We have helped countless clients secure compensation for their personal injury claims in Mankato, and we can put that experience to work for your claim.
Damages in Personal Injury Claims
Plaintiffs in personal injury claims can secure compensation for any financial losses resulting from negligence as well as non-economic damages for things like pain and suffering. Economic damages generally include:
- Medical expenses. If negligence resulted in illness or bodily injury, the plaintiff can sue for any resulting medical expenses such as hospital bills, prescription costs, and any costs associated with necessary ongoing care or rehabilitation.
- Lost income. If an injury required a plaintiff to miss work during recovery, he or she can claim the wages lost during that time as economic damages. If a defendant’s negligence resulted in permanent injury or otherwise limited the plaintiff’s future earning capacity or ability to work, the plaintiff’s attorney can arrange for financial expert witnesses to provide a reasonable estimate of the plaintiff’s future losses.
- Property damage. If the defendant’s negligence damaged or destroyed the plaintiff’s personal property, the plaintiff can claim the costs of repairing or replacing those items as economic damages.
Non-economic damages like pain and suffering are more difficult to calculate. Some courts will multiply a plaintiff’s medical expenses by a certain amount and award the result as pain and suffering damages. For example, a jury may determine that since a plaintiff sustained painful burns that required multiple surgeries for a total of $50,000 in medical expenses, multiplying that amount by three for $150,000 in pain and suffering compensation would be a fair amount. Other courts may use a per diem rule that awards a certain amount for each day until the plaintiff reaches maximum possible recovery.
Winning Your Personal Injury Case
Success in a personal injury claim hinges on a plaintiff’s ability to prove that the defendant in the claim was negligent and the claimed damages resulted from the defendant’s negligence. The plaintiff’s attorney must build a compelling case that proves the defendant owed the plaintiff a duty of care in a given situation, failed to meet that duty, and directly caused the plaintiff’s damages.
Minnesota also places a two-year statute of limitations on personal injury claims, so a plaintiff has two years from the date of an injury to file a claim. However, some injuries may not be immediately noticeable, so the statute of limitations may start on the date a plaintiff discovered an injury or should have discovered it through reasonable diligence. Minnesota also operates under a modified comparative negligence law. This means a plaintiff will lose a portion of his or her case award if the plaintiff shares any fault for the incident in question. In Minnesota, a plaintiff’s fault percentage may not exceed a defendant’s. If the plaintiff is 50% or more at fault, he or she will not receive compensation.
Finding the right attorney can make a big difference in the outcome of a personal injury lawsuit. If you or a loved one recently suffered injuries in Albert Lea, MN and believe you have the right to compensation, contact Knutson + Casey today to schedule a free case evaluation. One of our attorneys will review the details of your claim and let you know your chances of success with a personal injury claim. We can also help you understand the types of compensation you might secure with a successful claim.