Have you been hurt because of someone else’s negligence? If your answer is yes, you may have a personal injury claim. Knutson+Casey specialize in pursuing personal injury cases for citizens of the Mankato, Waseca, Austin, Owatonna and surrounding areas.
What Is a Personal Injury?
A personal injury dispute can occur when a person believes he or she has been hurt as the direct result of the actions (or inaction) or another person. Generally, there are two ways a personal injury case can go: through a formal court proceeding or an informal settlement.
Informal settlements are much more common than cases actually going to trial. If you’re going up against an insurance company to receive compensation for medical expenses, for example, filing a suit encourages action. Assuming the informal settlement amount is fair, we like to see personal injury cases resolved without going to trial.
Formal civil trials are a last resort when all other options for negotiation have failed. If the parties you’re seeking compensation from don’t want to play fair, we’re not afraid to pursue a legal trial to get what you deserve.
Common Personal Injuries in Mankato
At Knutson + Casey, we have represented numerous personal injury clients in our years of practice. Clients in Minnesota trust us with their most serious personal injuries, as well as the unexpected deaths of loved ones. Although all manner of injuries can occur, the following are some of the most common in Mankato.
Internal organ damage
Neck and back injuries
Spinal cord injuries
Traumatic brain injuries
Serious personal injuries can permanently change a victim’s life. Many of our clients have lifelong disabilities because of another’s negligence. We help clients with all types of injuries hold others accountable and fight for full and fair compensation.
Pursuing Personal Injury Cases
Any type of personal injury can have long-term consequences. Medical bills, lost wages due to missed work, emotional damages, and other fees are all possible effects of sustaining an injury. Insurance companies aren’t out to protect your best interests; they’re more concerned with paying out as little as possible. If you’ve been injured through no fault of your own, hiring an experienced legal team in Mankato is the best first step you can take.
What Do You Need to Prove to Win a Personal Injury Case?
Securing compensation for you and your family’s losses will take proving through a preponderance of evidence that someone else caused or contributed to your injuries. An attorney can help with this burden of proof, bringing in experts and taking other measures to strengthen your case. You and your attorney will need to prove four main elements during a negligence claim.
The defendant owed you a duty of care.
The defendant breached this duty through some act or omission.
The defendant’s breach was the main cause of your injuries.
You suffered damages because of the defendant’s breach of duty.
Hiring an attorney to prove your case for you can help you relax and concentrate on healing during the claims process. An attorney from Knutson + Casey can build a case, gather evidence, and demonstrate the necessary elements on your behalf. We have years of experience winning personal injury cases in Minnesota.
How Can an Attorney Help My Personal Injury Claim?
Personal injury claims almost always involve insurance claims adjusters. Claims adjusters either work for the insurance company or for a third party the insurer hires. The adjuster’s job is to review the insurance claim, communicate with the claimant, and determine a settlement amount, if applicable. The settlement offer from an adjuster is typically as small as possible. This is the adjuster’s way of saving the insurance company money.
Hiring an attorney to represent your personal injury claim in Mankato can prevent you from accepting a lowball settlement from an insurance claims adjuster. It can strengthen your settlement negotiations and give you peace of mind while you focus on recovery. Your attorney will have experience going up against large insurance corporations in pursuit of fair financial compensation. Your legal representative can handle all the aspects of your claim on your behalf.
When you retain the services of Knutson+Casey, we’ll keep you informed of every step in the process. We know being injured can cause emotional, physical, and mental distress, so we know how important it is to keep you in the loop. The proceedings vary from case to case, but here’s how we generally pursue personal injury claims:
Accidents can be a blur, and you should be focused on your recovery. However, if you can, take as many notes as possible about the incident. Who was involved? Where were you injured? Written notes are excellent, but photographic evidence, like those of your injuries, can be helpful in court proceedings.
File an accident report with the local police department if you can. Having a record on file can help you down the road.
Using data from the insurance reports, doctor’s notations, and police department, our offices will conduct our own thorough investigation into your case. We’ll speak with witnesses, request medical records, and do anything we can to piece together an accurate picture of events.
Once we have all of the evidence, we’ll talk about the kinds of legal avenues we can pursue to secure compensation. For example, we may ascertain your injuries were due to a product defect and seek damages from the manufacturer.
Once we’ve established legal grounds for your case, there are a couple of ways we can pursue damages:
Compensatory damages are meant to provide you with the funds to make up for missed work, medical bills, disability claims, emotional damages, or any other forms of distress you’ve experienced as a result of negligence.
Punitive damages are less common, but they seek to punish the offending party for severe wrong doing by offering recompense far above and beyond compensatory damages. A class action suit regarding the known misuse of a pharmaceutical drug is a classic example of a case worthy of pursuing punitive damages.
What Types of Damages Are Awarded for Pain & Suffering in Mankato?
Minnesota civil laws enable accident victims to seek restitution for pain and suffering. These non-economic damages serve to reimburse a victim not only for financial losses, but also for intangible damages suffered because of the defendant’s negligence. Pain and suffering damages can encompass many different compensation types.
Past and future physical pain and suffering
Post-traumatic stress disorder
Diminished enjoyment of life
Loss of consortium
The state of Minnesota does not have any cap on pain and suffering damages. This means the state does not limit how much money a plaintiff can seek for pain and suffering. A plaintiff’s attorney can seek as much compensation as he or she deems reasonable.
How Long Do Personal Injury Claims Take in Minnesota?
Every personal injury claim is unique. However, most follow the same general processes to progress from initial claims filing to settlement or judgment award. The timeline of your case will depend on the circumstances. If you settle your case without going to trial, your claim will end sooner than it would if you have to go to court. Settlement negotiations may end within one to three months, while a trial could take a year or longer. Get an accurate timeframe estimate from an attorney when you contact us.