When someone is seriously injured, their life changes forever. Financial problems become overwhelming as the medical bills mount up. Dealing with a cascade of problems is difficult emotionally and physically. A chosen career may be permanently impossible. When someone else was responsible for the accident, retaining a lawyer in Brainerd, MN and filing a personal injury lawsuit is the process an injury victim uses in order to receive the compensation that they are entitled to.
In Minnesota, the statute of limitation and the shared fault rule have a direct effect on the compensation that an injured person can receive.
Statute of Limitations
Minnesota has a two-year statute of limitations for personal injury lawsuits and this time period begins on the date of the accident. Any lawsuit filed after two years would almost certainly not be heard by the court. Time can slip away when dealing with all of the complications of an injury, but it’s very important that this deadline not be missed.
Shared Fault Rules in Minnesota
In Minnesota, the modified comparative negligence rule means that whether or not the injured person was partially at fault for the accident determines how much, if any, compensation they will receive. Suppose that John was driving over the speed limit when he was passing through an intersection. Bill makes a left turn, hitting John and causing serious injuries. John’s total damages are $100,000.
* If it’s decided that John was 25% to blame for the accident because he was speeding a few miles over the limit, John would receive 75% of the compensation, or $75,000.
* On the other hand, if John’s excessive speed was found to be 51% responsible for the accident, he would collect nothing. In Minnesota, if the victim is more than 50% at fault for the accident, then he or she could not collect any compensation from the other person or their insurance company.
An insurance company’s first line of defense is to blame the victim. The important point to remember is that Bill’s insurance company only has to prove that John was over 50% responsible for the accident in order to pay nothing to John.
The insurance company has many lawyers. For over 40 years, the Brainerd Minnesota law firm of Borden, Steinbauer, Krueger & Knudson has been championing the rights of accident victims. You need an experienced lawyer in Brainerd, MN fighting for you. Contact the firm today.
