Understanding Negligence in Rochester, Minnesota: How Is Fault Calculated in Your Claim?

When you are dealing with the aftermath of an accident, one of the most important factors to understand is negligence. It’s the cornerstone of most personal injury claims and determines who is responsible for the damages you have suffered.

At Knutson + Casey, we are here to help you navigate the legal process. We understand dealing with an accident is overwhelming, and we are committed to guiding you through every step of your claim. Our team is experienced in handling negligence cases in Rochester, and we work diligently to ensure your rights are protected; fighting tirelessly to recover the compensation you deserve.

What Is Negligence?

Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. In personal injury cases, proving negligence is crucial for determining who is responsible for the accident and, therefore, who should compensate for the damages. To establish negligence, the following elements must be proven:

• Duty of Care: The defendant owed a duty of care to the plaintiff. This means they were required to act with the same level of care that a reasonable person would under similar circumstances.
• Breach of Duty: The defendant breached their duty of care by acting — or failing to act — in a way that a reasonable person would not have.
• Causation: The defendant’s actions directly caused the plaintiff’s injuries.
• Damages: The plaintiff suffered actual damages (physical, emotional, or financial) as a result of the defendant’s actions.

Proving these elements is essential to building a strong personal injury claim. Without clear evidence of negligence, it may be challenging to hold the responsible party accountable for your losses. Fault is determined by examining the evidence from the accident. This includes police reports, witness statements, photos of the scene, and expert analysis. The more evidence your attorney gathers, the clearer the picture of what happened will be.

How Is Fault Calculated in Personal Injury Claims in Rochester, Minnesota?

The percentage of fault assigned to each party directly impacts the amount of compensation you may receive. If you’re found to be partially at fault, your compensation will be reduced accordingly. This makes it essential to challenge any unfair fault determinations and to ensure that your claim reflects the true nature of the accident.

Minnesota’s Comparative Fault System

Minnesota follows a modified comparative fault system, which means even if you were partially at fault for the accident, you may still recover compensation. However, your recovery will be reduced by your percentage of fault. For example, if you were found to be 30% at fault for the accident, you would be able to recover 70% of the total damages. If you are found to be more than 50% at fault, you cannot recover any damages.

The Role of Insurance Companies

Insurance companies also play a significant role in determining fault. They review the evidence and may assign percentages of fault to each party involved. However, their primary goal is to minimize their payout, which means they might try to assign you a higher percentage of fault than is fair.

How a Personal Injury Attorney Can Help

Having a skilled attorney on your side is crucial in ensuring fault is calculated correctly. Personal injury attorneys know how important it is to accurately establish the facts of your case. They advocate on your behalf, gathering evidence, consulting experts, and negotiating with insurance companies to build a compelling case that supports your claim.

Your attorney will work for you, ensuring you are treated fairly during every step of the process. At Knutson + Casey, our team is dedicated to providing personalized, compassionate legal support, guiding you through every step of your claim, and fighting for the compensation you are entitled to.

Understanding Negligence in Rochester, Minnesota: How Is Fault Calculated in Your Claim?

If you or someone you know has been involved in an accident in Rochester, Minnesota, understanding how negligence and fault are determined is crucial. At Knutson + Casey, we bring decades of experience to every case, making sure our clients are informed and supported throughout the legal process. Our commitment to personalized service means that we will work closely with you to build a strong case, gather the necessary evidence, and advocate on your behalf.

We understand the complexities involved in determining fault, and our team is dedicated to ensuring that any fault attributed to you is fair and based on solid evidence. If you’re dealing with an insurance company or facing legal challenges related to an accident, we may be able to help. Contact us today to discuss your case at (507) 344-8888, or reach out through our contact form.