Suffering an injury of any kind can sometimes be a traumatic experience. When an injury results from someone else’s inactions or actions, there’s an added level of emotional and legal complexity. If a person or entity causes physical, emotional, or financial harm to another person, that party can be held responsible for monetary damages in a personal injury claim. However, a personal injury claim is not as simple as filling a claim with an insurance company or the liable (responsible) party. Personal Injury claims must be filed correctly and often require extensive knowledge of personal injury law specifically related to the type of event that caused your injuries in the state of Minnesota.
The best way to ensure you have a strong case and all the necessary requirements to pursue compensation is to work with a trusted and experienced Bloomington personal injury lawyer. While you are entitled to fair compensation if there is a liable party for your injuries, insurance companies and other parties are rarely willing to pay the maximum value of claims if they can avoid it. A personal injury attorney in Bloomington, MN is your advocate and can ensure your best interests are protected throughout the entire claim process.
Personal injury claims arise when a person suffers physical, emotional, or financial harm in an accident, such as a car crash, or incident due to another person’s or entity’s carelessness, recklessness, or even maliciousness. Personal injury law gives victims a chance to obtain financial compensation to help deal with the repercussions of their injury and other related losses. However, there must be a case for negligence to prove liability and recover compensation. Most personal injury cases are built on a theory of negligence, which requires building a case on the following four elements.
An essential foundational element of proving liability on the theory of negligence is establishing a duty of care. Duty of care refers to the legal obligation imposed on individuals and entities, requiring them to adhere to a standard of reasonable care while performing acts that could foreseeably harm others. Examples of individuals who owe a duty of care are:
Individuals who owe a duty of care to prevent harming others can be liable for negligence in the case of an injury.
Breach of duty refers to the actions or inactions of the party who caused the victim harm. This behavior that caused the harm is the basis of negligence. Negligent behaviors can include actions such as:
When individuals who must legally adhere to a standard of reasonable care behave recklessly or maliciously, they are breaching their legal responsibility to prevent reasonable or foreseeable harm.
Obtaining compensation requires proving that the liable party’s actions or inactions caused the damages. These actions fall into two categories: actual cause and proximate cause.
Actual cause relies on proving that the victim would not have been injured if not for the liable party’s actions.
Proximate cause is judged based on whether the victim’s injuries were foreseeable given the circumstance of the event which caused them. If the connection between the other party’s actions and the occurrence of the victim’s injuries is too remote, then the party cannot be considered liable.
Damages refer to the financial awards that victims are eligible to receive depending on the circumstances of their claim. In most personal injury claims, a victim can recover the following damages:
Determining how much and what damages a victim can receive depends on factors such as:
Accurately determining damages often requires extensive investigation into the event which caused the injury and the effects of the injury. To ensure you are getting maximum compensation, work with a qualified Bloomington personal injury attorney who has the knowledge and resources to assess your claim’s value accurately.
Constructing a strong personal injury claim requires understanding the many moving parts and the legal knowledge of what evidence is needed to support those moving parts. At Knutson + Casey Law Firm, we know that suffering severe injuries is physically, emotionally, and financially draining, making it difficult to focus on legal matters. When you work with our law firm, you can be confident that you are partnered with personal injury lawyers who can offer you the compassion and skills you need to achieve the best possible outcome for your situation. Our personal injury attorneys in Bloomington will work tirelessly to ensure you feel supported and can help recover the maximum value of your claim to help provide the financial support you deserve.
Schedule a consultation with us by calling us at (507) 344-8888 or filling out our contact form.