Minneapolis Personal Injury Lawyer

Types of Personal Injury Cases We Handle

At Schmidt and Salita, our Minneapolis personal injury lawyers have successfully handled a wide range of personal injury cases. Below are six types of cases we specialize in, showcasing the breadth of our expertise and our dedication to seeking justice for our clients.

1. Car Accidents
   Car accidents are among the most common personal injury cases in Minneapolis. Whether you’ve been injured in a rear-end collision, T-bone accident, or multi-vehicle crash, we understand the devastating impact a car accident can have on your life. We handle claims involving distracted driving, speeding, reckless driving, and even accidents caused by uninsured motorists. Minnesota is a no-fault state, meaning your own insurance may cover your medical bills initially, but serious injuries often necessitate pursuing a claim against the at-fault driver for additional compensation.
2. Truck Accidents
   Truck accidents often result in catastrophic injuries due to the sheer size and weight of commercial vehicles. These cases are more complex than standard car accidents, as they involve federal regulations governing the trucking industry, such as hours-of-service rules for drivers and maintenance requirements for vehicles. Our attorneys have the experience to identify all liable parties, whether it’s the truck driver, the trucking company, or the manufacturer of faulty truck parts.
3. Motorcycle Accidents
   Motorcycle accidents are particularly dangerous for riders due to the lack of physical protection compared to passengers in vehicles. These cases often involve severe injuries like broken bones, road rash, or spinal cord damage. In many cases, drivers fail to yield to motorcyclists or don’t check their blind spots before changing lanes. We work tirelessly to prove fault and recover compensation for injured motorcyclists.
4. Brain Injuries
   Traumatic brain injuries (TBIs) can occur in various scenarios, including car crashes, slip and fall accidents, or workplace incidents. TBIs can lead to long-term or permanent effects, such as memory problems, loss of cognitive function, and emotional instability. At Schmidt and Salita, we collaborate with medical professionals and economists to calculate the full scope of damages for brain injury victims, ensuring their future needs are met.
5. Slip and Fall Accidents
   Slip and fall accidents can happen anywhere, from icy Minneapolis sidewalks to poorly maintained grocery store floors. Property owners have a legal obligation to keep their premises safe, and failure to address hazards like spills, uneven flooring, or defective stairs can lead to serious injuries. These cases require prompt evidence collection, such as photographs of the hazard and witness statements, to prove liability.
6. Wrongful Death
   When a loved one is tragically lost due to another party’s negligence, families may pursue a wrongful death claim. These cases can arise from fatal car accidents, workplace injuries, or medical malpractice. Minnesota law allows surviving family members to recover damages for funeral expenses, lost income, and the emotional pain of losing a loved one. Our wrongful death attorneys provide compassionate legal representation to ensure justice is served.

Most Common Injury Claims We Handle

The most common injury claims we handle involve severe and life-changing physical trauma, requiring skilled legal representation to secure fair compensation. These are some of the most frequent injuries we see in Minneapolis personal injury cases:

• Whiplash and Soft Tissue Injuries
  Whiplash is a common injury in rear-end collisions, where the sudden impact causes the neck to snap back and forth violently. This type of injury may not show up immediately but can lead to chronic neck pain, stiffness, and limited range of motion.
• Fractures and Broken Bones
  Accidents like motorcycle crashes or slip and falls often result in broken bones, which can range from simple fractures to complex, multiple-bone breaks requiring surgery. Victims may face months of rehabilitation and limited mobility.
• Traumatic Brain Injuries (TBIs)
  Brain injuries can occur in car accidents, motorcycle collisions, or even pedestrian accidents. Symptoms may vary, ranging from headaches and dizziness to long-term cognitive and emotional impairments. In severe cases, victims may require lifelong care.
• Spinal Cord Injuries
  Damage to the spinal cord can cause paralysis (paraplegia or quadriplegia) or chronic nerve pain. Victims often face astronomical medical expenses for surgery, physical therapy, and adaptive equipment.
• Burn Injuries
  Burn injuries from car accidents, workplace incidents, or product defects can lead to permanent scarring and disfigurement. Severe burns often require skin grafts, reconstructive surgery, and ongoing pain management.
• Amputations
  Catastrophic accidents, such as truck or motorcycle crashes, can result in the loss of a limb. Beyond physical pain, victims may face the emotional and psychological impact of adapting to life with a prosthetic device.

How to Know if I Have a Personal Injury Case?

You likely have a personal injury case if someone else’s negligence caused your injuries and you suffered damages as a result. Here’s a step-by-step guide to determine whether your situation qualifies:

1. Negligence or Recklessness:
   Did the other party fail to act with reasonable care? Examples include a driver running a red light, a store owner neglecting to fix a wet floor, or a trucking company failing to maintain its vehicles.
2. Injuries and Damages:
   Have you suffered injuries that required medical attention? Even minor injuries like sprains or soft tissue damage can form the basis of a claim if they result in medical expenses or time off work.
3. Evidence of Fault:
   Is there evidence proving that the other party caused your injury? This may include accident reports, witness statements, surveillance footage, or photographs of the accident scene.

A personal injury attorney can review the details of your case and provide an honest assessment of your legal options. According to the American Bar Association, most claims involve some form of negligence.

How to Prove Liability in a Personal Injury Case?

Proving liability in a personal injury case requires demonstrating four key elements: duty of care, breach of duty, causation, and damages. Each of these elements plays a critical role in building a successful case, and gathering strong evidence to support them is essential.

1. Duty of Care:
   The first step is establishing that the defendant owed you a duty of care. For instance, drivers have a duty to follow traffic laws and operate their vehicles responsibly to avoid harming others. Similarly, property owners are required to maintain safe premises for visitors. In cases like slip and fall accidents, this might mean showing that a business owner was responsible for clearing icy sidewalks or cleaning up spills promptly.
2. Breach of Duty:
   A breach occurs when the responsible party fails to uphold their duty of care. For example, if a driver was texting or speeding at the time of an accident, or if a store owner ignored a hazardous condition, these actions constitute a breach of duty. Evidence such as surveillance footage, eyewitness testimony, or cellphone records can help demonstrate this breach.
3. Causation:
   Proving causation means linking the defendant’s breach of duty directly to your injuries. This is often where insurance companies push back, arguing that your injuries were pre-existing or caused by something unrelated. To combat this, personal injury lawyers use tools like medical records, accident reconstruction reports, and expert testimony to show that the negligent party’s actions were the direct cause of your harm. Therefore, if a distracted driver rear-ended your vehicle, medical documentation connecting the crash to your resulting back injuries is key.
4. Damages:
   Finally, you must demonstrate the harm you’ve suffered due to the accident. This includes tangible damages like medical expenses and lost wages, as well as non-economic damages like pain and suffering. Gathering receipts, pay stubs, and medical bills is critical for establishing the financial toll of your injury. Non-economic damages may require detailed testimony from you and your loved ones about how the injury has impacted your daily life.

Challenges in Proving Liability

Proving liability can be challenging, especially if the other party denies fault or if multiple parties are involved. For example, in truck accident cases, liability may be shared between the truck driver, the trucking company, or even the vehicle manufacturer. Additionally, Minnesota’s comparative negligence rule means that your compensation could be reduced if you are found partially at fault. An experienced Minneapolis personal injury lawyer can help navigate these complexities by collecting evidence, negotiating with insurers, and building a strong case for you.

By focusing on these four elements and enlisting skilled legal representation, you can significantly strengthen your case and maximize your chances of receiving fair compensation.

Type of Damages I Can Recover

Victims of personal injury in Minneapolis can recover both economic and non-economic damages, depending on the specific circumstances of their case. These damages are designed to address both tangible financial losses and intangible harms that impact quality of life.

Economic Damages:

Economic damages refer to concrete, measurable losses. Common examples include:

• Medical Bills: This includes not only initial emergency care but also long-term costs like surgeries, physical therapy, prescription medications, or assistive devices (e.g., wheelchairs or prosthetics). For example, after a brain injury, victims often require ongoing neurological care that can cost tens of thousands of dollars annually.
• Lost Wages and Earning Capacity: If your injuries prevent you from returning to work, either temporarily or permanently, you can claim compensation for lost income. This also applies if your earning capacity is reduced due to disability.
• Property Damage: In motor vehicle accidents, you can recover the costs of vehicle repairs or replacement.

Non-Economic Damages:

Non-economic damages address the emotional and physical toll of your injuries:

• Pain and Suffering: Courts consider factors like the severity of your injury and how it impacts your daily life. For example, chronic pain following a spinal cord injury can significantly affect mobility and independence.
• Emotional Distress: Anxiety, depression, and PTSD following a traumatic event are common and compensable.
• Loss of Enjoyment of Life: This refers to the inability to enjoy activities or hobbies you once loved. For instance, a cyclist who suffers a spinal cord injury may no longer be able to ride or compete.

Punitive Damages:

Punitive damages are rare in personal injury cases but may be awarded in cases involving gross negligence or willful misconduct. For example, a drunk driver who causes a severe accident may be held liable for punitive damages to penalize their behavior and deter future reckless actions.

By seeking fair compensation for both economic and non-economic damages, we help our clients rebuild their lives while holding negligent parties accountable.

How Long Do I Have to File a Lawsuit in Minneapolis?

In Minnesota, the statute of limitations for personal injury cases is two years from the date of the injury. This means you must file your lawsuit within this time frame to preserve your legal rights.

Exceptions to the Statute of Limitations

• Wrongful Death Claims: You have three years from the date of death to file a wrongful death lawsuit.
• Injuries to Minors: For victims under the age of 18, the statute of limitations begins once they turn 18.
• Discovery Rule: In rare cases, if an injury isn’t immediately apparent, the statute of limitations may begin on the date the injury was discovered.

It’s crucial to act quickly, as evidence can disappear, and witnesses may forget details over time.

How Long Can a Lawsuit Take?

The length of a personal injury lawsuit depends on the intricacy of the case and whether it can be resolved through settlement or requires going to trial. While some cases are resolved in a few months, others can take years. Below is a breakdown of the stages of a personal injury lawsuit and how long each phase may take:

1. Pre-Lawsuit Negotiations (Weeks to Months):

Most personal injury claims begin with negotiations between your lawyer and the insurance company. This involves submitting evidence of your injuries, such as medical records, bills, and proof of lost wages, along with a demand letter. The insurance company may respond with a lowball offer, and your lawyer will negotiate to reach a fair settlement. Straightforward cases may settle quickly, but more complex cases or those involving severe injuries may take longer.

2. Filing the Lawsuit (Days to Weeks):

If a settlement cannot be reached, your attorney will file a lawsuit on your behalf. This step formally begins the legal process and sets the case on track for litigation. Once the lawsuit is filed, the court will notify the defendant, and both parties will prepare for the discovery phase.

3. Discovery Phase (Months to a Year):

During discovery, both sides gather evidence, exchange information, and question witnesses. This stage often involves:

• Depositions, where witnesses and involved parties are questioned under oath.
• Requests for documents, such as medical records, accident reports, and insurance communications.
• Accident reconstruction or expert testimony, especially in complex cases like truck accidents or brain injuries.

The discovery phase can take several months or longer, depending on how quickly evidence is shared and whether disputes arise over specific information.

4. Mediation or Arbitration (Weeks to Months):

Before going to trial, many cases proceed to mediation or arbitration, where a neutral third party helps both sides work toward a resolution. Mediation can often resolve disputes faster than a trial, as it encourages compromise. However, if no agreement is reached, the case will proceed to court.

5. Trial (Months to Years):

If your case goes to trial, the timeline can stretch significantly due to court backlogs and the complexity of presenting evidence. Trials typically last several days to weeks, but the preparation beforehand can take months. The outcome depends on the strength of the evidence and the arguments presented by both sides.

Factors That Can Affect Timeline

Several factors influence how long a case may take, including:

• Severity of Injuries: Cases involving catastrophic injuries, like spinal cord damage or TBIs, often take longer because they require extensive medical documentation and expert testimony to calculate long-term damages.
• Cooperation of the Other Party: If the at-fault party or their insurance company disputes liability, delays can occur during negotiations or discovery.
• Court Schedules: Trial dates are subject to court availability, which can vary depending on the jurisdiction.

How Clients Can Help Expedite the Process

While some delays are out of your control, there are steps you can take to help streamline the process:

• Provide your attorney with all requested documentation promptly, including medical records, accident reports, and witness information.
• Be honest and thorough when discussing your case details.
• Follow through on medical treatment recommendations to demonstrate the seriousness of your injuries.

Though the process can feel lengthy, having an experienced Minneapolis personal injury lawyer ensures your case is handled efficiently while maximizing your potential compensation.

Visit Our Minneapolis, MN, Law Firm

Our offices are conveniently located near Ridgedale and highways I-494 and I-394, which means less hassle for our clients. We are just a couple minutes off major freeways.

There is plenty of free parking for our visitors steps from the building entrance.

Avoid the hassle of dealing with downtown traffic, one-way streets, and expensive parking. There’s no getting lost in the skyway. Instead, it’s easy for you to get right where you need to be.

Walk right in. Our friendly staff with meet and greet you with a cup of coffee and a warm smile.

Reach Out to a Minneapolis Personal Injury Lawyer Today

You don’t have to go downtown to find a good Minneapolis personal injury lawyer. You’ll find a great one right here—one who is ready to listen and help.

Give us a call today to schedule a free consultation, so we can help you decide if our team can help you. You can reach us via phone at 952-473-4530 or contact us online.

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