If you experienced a car accident in Edina and were injured, an Edina car accident attorney may help you handle the legal process to recover the financial losses you may have suffered. Car accidents are life-altering, no matter their degree. Even injuries from a minor accident might escalate over time and disrupt your life significantly. Hence, it is vital to consult a car accident lawyer in Edina, Minnesota following a crash to evaluate your situation and advise you accordingly.
If you were wondering what steps to take following your auto accident, we are here to guide you. Sadly, even when the other party was obviously at fault, their insurer might try to offer you a lowball settlement, often $1,000 or $2,000, which is their way of closing their file and maximizing profits at your expense. If you are afraid you could be denied fair compensation, reach out to an experienced Edina car accident lawyer for help with your claim.
Minnesota roads witness tens of thousands of motor vehicle crashes every year. While most accidents only cause property damage, a significant number of injuries and fatalities are reported.
According to Minnesota’s Department of Safety reports, we lose hundreds of people through auto accidents yearly, and thousands sustain various injuries. As a result, victims of car accidents and other motor vehicle crashes incur massive losses, especially in medical expenses and lost wages. In addition, families who lose their loved ones through car accidents also experience financial losses, especially if the deceased was the primary breadwinner.
Following an accident, you are entitled to recover damages based on your injuries and their impact on your life. However, you must provide enough evidence to demonstrate the at-fault party’s negligence.
Minnesota applies the comparative negligence rule, meaning if you were partly responsible for the accident, you could only recover damages if your contribution to the accident is lower than the at-fault party. Moreover, in proving the defendant’s liability, your evidence must satisfy the four elements of negligence:
Ideally, your Edina personal injury attorney should help you gather enough evidence to prove the at-fault party’s negligence and qualify you to recover your damages. These may include:
You have a right to claim any medical costs you have incurred, including expenses for the emergency room, hospitalization, medication, doctor visits, rehabilitation, nursing care, travel to and from the hospital, assistive devices, etc. If you are still recovering, your doctor should estimate the ongoing and future medical costs, which you should include in the claim.
If you are unable to work after the accident, you may claim the lost wages. Usually, this is supported by a statement from your employer indicating the days you have missed work and the resulting lost wages. Where the injuries prevent you from doing jobs you used to do before the accident, you may claim damages for lost earning capacity, which you may compute with the help of an expert. You may also be entitled to lost homemaker benefits, for the chores you can no longer do at home, such as cleaning, laundry, yard work, etc.
Finally, if the accident causes permanent disability, you are entitled to claim future lost wages, computed by multiplying your annual salary and the years remaining to retirement.
If there was property damage, you should claim the cost of repairing or replacing the vehicle. Where the car is totaled, requiring replacement, you are entitled to receive an equivalent of its market value before the accident, and often a rental car while your vehicle is being fixed or replaced.
Where the injuries require you to make structural alterations to your home to accommodate your disability, you are entitled to recover the cost incurred. For example, you may need to modify the stairways to easily access different floors or raised areas in your home.
Also known as general damages, these fall into various categories, including:
Since the damages are not quantifiable like the others discussed above, insurance companies often award them as a multiple of your economic (quantifiable damages).
In almost all cases, car accident claims settle before trial, and often without any litigation, but simply as insurance claims. While you could send the demand letter to the at-fault party’s insurer on your own, we advise against it as the negotiation process may be challenging, and you may lock the insurance adjuster into a low offer or position.
Negotiating the settlement on your own means facing insurance adjusters who are experienced in settling similar cases. However, having an experienced car accident attorney in Edina representing you enables you to match the adjuster’s skills at the negotiation table, and provide the real threat of going to court if the offer is not fair.
Besides negotiating skillfully, the lawyer may be able to help you in:
While it is possible for your case to settle out of court, if circumstances necessitate going to trial, your attorney will evaluate the facts and advise you on whether you should proceed. You can also count on them to represent you during the trial.
If you had a car accident in Edina, Minnesota, caused by another person’s negligence, the law entitles you to seek financial compensation for losses resulting from the crash. While it is possible to negotiate the settlement with the at-fault party’s insurer, having a lawyer enables you to benefit from their negotiation skills, thereby avoiding low-ball offers from insurance companies. They also help gather evidence to build a strong case and research applicable laws.
At Knutson + Casey, we have a team of innovative lawyers experienced in representing car accident victims in Edina and across the state. We have helped thousands of clients around Southern Minnesota, and we provide personable service and have the advantage of big firm power and resources your case needs. Brief us via our contact form or call us at (507) 344-8888 for a free consultation.