St. Peter Personal Injury Attorney
When someone causes injuries or other damages to another person due to negligence, the victim can pursue compensation for those losses through a personal injury claim. St. Peter, MN residents should know their rights and options for legal recourse after such events. The attorneys at Knutson+Casey have helped Minnesota clients recover compensation for their civil claims since 1992, and we can help you navigate a personal injury claim. It’s important to know the basics of Minnesota personal injury law for the best chances of success in your claim.
If you or a loved one has been injured in an accident and are seeking the legal advice of an experienced St. Peter attorney, contact our office today to schedule a free initial consultation.
Proving Negligence in a Minnesota Personal Injury Claim
Minnesota law places a two-year statute of limitations on personal injury claims. This means a plaintiff must file a claim within two years of an injury, or within two years of discovering an injury. Some injuries may not be immediately noticeable, and other damages can take time to manifest as well. In these cases, the statute of limitations begins on the “date of discovery,” or the date the plaintiff discovered the harm in question.
The date of discovery may also apply to the date the plaintiff should have discovered an injury with reasonable diligence. For example, a claimant sustains an injury that results in back pain, but the plaintiff doesn’t seek medical treatment for several weeks until the pain becomes unbearable. In this situation, the court may decide the statute of limitations started on the date the plaintiff’s symptoms appeared and not the date the plaintiff received a diagnosis from his or her doctor.
Once a plaintiff confirms that his or her claim meets the required statute of limitations, the plaintiff’s attorney will help build a case that proves the four elements of negligence:
- The plaintiff must show that the defendant owed a duty of care in the given situation.
- The plaintiff then must prove how the defendant breached this duty of care.
- The plaintiff must have clear evidence that shows the extent of his or her damages. If a plaintiff suffered no harm, there is no claim.
- The plaintiff must finally prove that his or her damages resulted from the defendant’s negligence and not some other cause.
Personal Injury Damages and Compensation
Minnesota also follows a modified comparative negligence law, which means plaintiffs may still recover damages even if they are partially at fault for their claimed damages. However, the plaintiff’s fault may not exceed the defendant’s. If the plaintiff is 50% or more at fault, the court will bar the plaintiff from recovery.
A successful personal injury claim can yield compensation for a plaintiff’s economic and non-economic damages resulting from negligence. Economic damages generally include medical expenses, lost wages, and property damage. It’s generally easy to prove these damages with the right documentation, such as hospital bills, invoices for treatments, and repair bills.
Non-economic damages are less clear, and there is no set law for determining an appropriate amount for any given personal injury claim. Some courts will award per diem compensation for every day a plaintiff spends in recovery until he or she reaches maximum medical recovery, while others will simply multiply the plaintiff’s medical expenses by a certain amount to compensate his or her pain and suffering.
Free Consultation with a St. Peter Injury, MN Attorney
The right personal injury attorney can make a tremendous difference in the outcome of any civil claim. At Knutson+Casey we understand how devastating a personal injury can be, and we have decades of experience fighting for fair compensation for our clients throughout Minnesota.
If you or a loved one sustained injuries or other damages due to the negligence of another party, contact us today for a free consultation with one of our southern Minnesota injury attorneys. We can review your claim and let you know your chances of success with a personal injury lawsuit.