Fairmont Car Accident Attorney
Car accidents continue to be one of the leading causes of accidental injuries and deaths throughout the country. In 2016 alone, more than 392 fatal car accidents occurred in Minnesota and many more resulted in injuries. Fairmont, Minnesota, residents can learn their legal rights after a car accident, how to handle insurance claims, and when to file a lawsuit against a negligent driver with a free consultation from Knutson + Casey.
The attorneys at Knutson + Casey believe in aggressive representation and close communication with our clients, and we believe it’s important to know what to expect from a personal injury lawsuit. Depending on the complexities of the case, a personal injury lawsuit can last months, even years before it reaches a conclusion, and injured victims need reliable legal counsel to navigate this process to acceptable results.
Who Is Liable
Thanks to technology like smartphones with GPS trackers and traffic cameras, determining liability for a car accident is much easier today than it has been in the past. However, there is still a fair chance a camera won’t be on during an accident, and drivers should know what to do when one happens. Your priority after a car accident should be to stop your vehicle and check yourself for injuries. If you sustained a serious injury, contact 911 if you can and wait for paramedics. If you feel well enough to move around, check passengers and other drivers to see if an ambulance is necessary.
You may need to move your vehicle out of the way of traffic, but it’s good idea to try and take a few pictures of the accident with your smartphone if possible. Take photos of the damage to your vehicle and the other driver’s, your injuries, and debris in the road. In Minnesota, drivers must call the police to report accidents that result in injury, death, or property damage exceeding $1,000. The police will respond, investigate, and clear the drivers to leave once they take statements. Injured drivers will need copies of these police reports later if they want to pursue personal injury claims.
Damages and Compensation
If another driver was texting behind the wheel, driving under the influence, or committed a moving violation that caused your accident, a personal injury claim will allow you to hold the at-fault driver accountable and recover your losses. The plaintiff in a car accident lawsuit must prove that the defendant failed to exercise reasonable care and caused some type of injury or measurable economic loss to the plaintiff.
Minnesota operates under a no-fault rule for car accidents. This means an injured driver must file a claim against his or her own policy to recover damages after an accident. However, an injured driver does have the right to file a personal injury lawsuit against an at-fault driver if the accident resulted in a catastrophic or permanently disabling injury. Compensation in a car accident lawsuit typically includes:
- Medical expenses. The plaintiff can receive compensation for his or her hospital bills and any expenses for necessary ongoing medical care. Minnesota state insurance requirements compel drivers to carry at least $40,000 in personal injury protection coverage, $20,000 of which applies to injury-related damages while the other $20,000 goes toward non-medical damages.
- Lost income. If a car accident causes a plaintiff to miss work, he or she may claim the wages lost in that time as civil damages.
- Property damage. A plaintiff can sue for the costs of repairing or replacing a vehicle if those repairs exceed the $20,000 for non-medical damages required by Minnesota’s minimum insurance coverage requirements for drivers.
- Pain and suffering. The amount of non-economic damages a plaintiff receives varies on an individual basis.
Contact Our Attorneys
When insurance doesn’t cover a car accident in Fairmont, Minnesota, the accident likely involves significant damages or catastrophic injuries. Drivers who suffer losses in such accidents need reliable legal representation they can trust, and Knutson + Casey can help. Contact our office today to set an appointment for a free case evaluation. We determine if your recent car accident qualifies for a lawsuit and what type of compensation you could receive if you win your case.