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Automobile injury claims in Minnesota have their own special set of rules- different from most other States. In Minnesota automobile accident cases, there are many possible types of claims:
1) No-Fault Claims:
A No-Fault claim is made to the victim’s own insurance company or the insurance company that insured the car in which the victim was riding. No Fault insurance will cover medical expenses, wage loss, replacement services and other benefits up to the policy limits.
The victim should promptly report the accident to the insurance company and ask for a claim reporting form. An attorney can assist in getting the claims process started.
2) Fault or Liability Claims:
If the victim was injured as the result of the fault of the “at fault” driver, the victim has, under Minnesota law, a claim above and beyond the No Fault claim which is generally for all money damages that are recoverable under the law above and beyond the No Fault benefits. Such a claim can include money damages for injuries including pain, suffering and mental distress.
Under Minnesota law, in addition to proving the other party or parties were at fault, it must be proven that the injuries meet a legal requirement called a “threshold”. This threshold must be met in order to bring a liability or fault claim which entitles you to go to court if the case cannot be settled out of court by agreement of all concerned.
Under Minnesota law your injury must involve at least one of five threshold requirements:
1. A permanent lasting injury
2. A permanent disfigurement, such as a scar
3. Medical expenses in excess of $4,000
4. 60 days of disability
5. Wrongful death of a close relative, such as a child, spouse or parent.
An experienced personal injury lawyer can help you to determine whether your claim meets these requirements of the law.
Amazingly true, property damage claims in Minnesota are excluded from the No Fault law and are from automobile accidents is generally covered under the fault or liability system. This means the insurance company of the driver who was at fault, is responsible for paying the fair market value of the car if it is beyond repair or the reasonable cost to repair it.
Minnesota is a “comparative negligence” state. That means that, if there is a dispute as to who caused the accident and you were partly at fault, your recovery will be reduced by the percentage that you are at fault. The other person must be determined to be at fault, at a level at least equal to yours or greater, for you to get any money for the damage of your car. For that reason, it is important to have an experienced personal injury attorney assisting in developing your case to prove that the other driver was totally at fault.
Douglas E. Schmidt
Personal Injury Attorney
13911 Ridgedale Drive,
Minneapolis, MN 55305
Phone (952) 473-4530
Toll Free 1-800-656-8450
Fax (952) 544-1308
1. $54 Million for Minnesota Farmers.
2. $2.2 million for Trucking Collision Injury Case.
3. $1.4 million Jury Trial for Minnesota Farmer.
4. $2.4 million Jury Verdict in Medical Malpractice case.
5. $620,000 for Injury to Motorcycle Driver.
6. $450,000 for Injuries from Mack truck collision.
7. $900,000 Court Award in Farm Injury.
8. $300,000 for Man Injured in ATV accident.
9. $600,000 for Zamboni Lung Injuries.
10. $1 million Jury Award in Medical Malpractice Case.
11. $600,000 against Ford Motor
12. $600,000 in Medical Malpractice Case
13. $800,000 Judgment in Nursing Home Death case.
14. $743,000 jury verdict in car accident.
15. $445,000 in slip & fall case.
16. $1 million in sexual assault case.
17. $440,000 in sexual assault jury verdict.
18. $600,000 recovery for victims of lung injuries.
19. $3 million plus in No Fault recoveries.
20. $8 million in medical malpractice recoveries.
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