Minnesota Personal Injury Overview
The principles of personal injury law are the same across the nation, but every state has important differences. Personal injury covers a wider variety of cases than you might think, including work-related injuries, contaminated food, and identity theft.
If you or a loved one has been injured in Minnesota, you should contact an experienced Minnesota personal injury attorney.
Most personal injury cases rely on the theory of negligence. In order to prove fault you will need to prove that:
- The person who caused your injuries owed you a duty
- The person failed to uphold that duty, causing your injuries
- You suffered damages
Design flaws, lack of warning labels, and marketing to an inappropriate audience are just some of the ways in which a product can be defective and cause harm. In Minnesota, if you are injured by a defective product you will need to prove one of the following in order to establish fault:
- Strict liability
- Breach of warranty
Modified comparative negligence
If you were partly responsible for you injuries, you may still be entitled to compensation under Minnesota’s doctrine of modified comparative negligence. As long as you are less than half at fault, you can still receive compensation.
If you were injured in Minnesota, compensation to which you may be entitled includes:
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- Permanent disability
- Permanent disfigurement
- Pain and suffering
- Emotional distress
- Loss of companionship
- Property damage
- Expenses incurred as a direct result of your injuries
Compensation for emotional distress, embarrassment, and loss of companionship can be no more than $400,000, in Minnesota. There is no limit on other non-economic damages.
Joint and several liability
If more than one party is responsible for your injuries, in Minnesota, joint and several liability will hold each party responsible for the full amount of damages. So, even if one party is unable to pay, you can still collect the full amount.
The time limit for filing your case is called the statute of limitations. In Minnesota the statute of limitations for most types of personal injury is six years. Some types of personal injury cases have shorter time limits. If you were injured by a defective product you only have four years to file, and medical malpractice only two years.
For more in depth information about time limits in Minnesota read our Minnesota Statute of Limitations page.
Personal injury laws vary from state to state. If you believe you have a personal injury claim and you live in Minnesota, please contact one of our Minnesota personal injury lawyers for a free claim evaluation.