Austin Personal Injury Lawyer
A personal injury lawsuit can help you or a loved one recover compensation for your losses after an injury. If another party is responsible for your medical expenses, lost income, and other damages, an Austin, MN personal injury attorney can help you file a claim and secure compensation for your losses.
The attorneys at Knutson + Casey have decades of experience handling civil claims for our clients in Minnesota, and we want Austin residents to know their rights and legal options after suffering injuries caused by negligence.
What Is Negligence?
In the legal world, “negligence” refers to one party’s failure to exercise reasonable care in a given situation. A few examples of negligence that could lead to personal injury claims include:
- A drunk driver causes severe injuries and permanent disability to another driver after running a red light and hitting the victim’s car. Although Minnesota is a no-fault state for car accidents, a car accident can qualify as grounds for a personal injury lawsuit if the victim’s medical expenses were more than $4,000 or the victim sustained permanent injuries.
- A doctor mistakenly reads an x-ray backward and performs a medical procedure on the wrong side of a patient’s body. Although medicine is inherently uncertain, even an untrained and inexperienced person could have likely caught this error and prevented the mistake so that the doctor would be liable for medical malpractice.
- A daycare employee fails to properly supervise children at play, and a child suffers an injury the employee could have prevented had he or she been paying attention.
In these situations, the plaintiff must prove that the defendant in the claim owed a duty of care and breached that duty in some way. The plaintiff must also provide clear evidence of his or her damages resulting from the defendant’s negligence. If a defendant was negligent but the plaintiff did not sustain any tangible or measurable losses, there are no grounds for a personal injury lawsuit. The plaintiff must also show that those damages were the direct result of the defendant’s negligence or would not have happened if not for the defendant’s negligence.
Damages and Compensation
A plaintiff in an Austin, MN personal injury claim can secure compensation for any economic damages resulting from a defendant’s negligence as well as non-economic damages for things like pain and suffering, loss of consortium, or loss of enjoyment of life. The plaintiff should retain copies of any documentation that helps prove his or her economic losses such as medical expenses, lost income, and property damages.
Non-economic damages are more difficult to prove, so a plaintiff’s attorney will likely consult with expert witnesses who can provide the jury with a clear picture of the plaintiff’s physical pain, mental anguish, and emotional suffering resulting from the defendant’s negligence. A court may multiply the plaintiff’s claimed medical expenses by a certain amount to award pain and suffering compensation or use a “per diem” system that awards a set amount each day until the plaintiff reaches maximum possible recovery. Minnesota also allows plaintiffs to recover punitive damages if a defendant’s behavior showed intentional disregard for the safety of others.
Winning Your Case
The right personal injury attorney can make or break a civil claim, so you want to hire an attorney who has a strong record of success in personal injury cases. At Knutson + Casey, we have helped countless clients across Minnesota recover compensation for their losses through various types of civil actions. We are confident that our skills and experience can help you or a loved one secure compensation for your personal injury claim, so contact us today to schedule a free consultation. Once we review the details of your situation we can let you know how our firm can help and what types of compensation a lawsuit might yield.