Navigating Personal Injury Claims in MN: A Step-by-Step Guide

• Car and Vehicle Accidents: Motor vehicle accidents are one of the most frequent causes of personal injury claims. In Minnesota, accidents can happen in an instant—whether it’s a distracted driver, running a red light, or a head-on collision on a highway. Injuries can range from minor cuts and bruises to severe, life-altering conditions like spinal cord damage or traumatic brain injuries. In addition to seeking medical treatment, you’ll need to deal with insurance companies, law enforcement, and possibly repair shops. We help our clients handle these challenges so they can focus on recovery. 

• Bicycle and Motorcycle Accidents: Bicyclists and motorcyclists are at a higher risk of serious injury due to the lack of protection compared to a car. Even a low-speed collision can result in severe injuries for riders, ranging from broken bones, road rash, to more serious conditions like paralysis or head injuries. Minnesota has laws that protect cyclists and motorcyclists, and we work to ensure that those laws are enforced, holding negligent drivers accountable. 

• Slip-and-Fall Accidents: Property owners in Minnesota have a duty to keep their premises safe. If you’ve been injured due to a hazardous condition—whether it’s a wet floor in a grocery store, uneven pavement, or ice on a sidewalk—you may have grounds for a premises liability claim. Slip-and-fall accidents can cause a wide range of injuries, from minor sprains and fractures to more serious conditions like traumatic brain injuries. Older adults are particularly at risk for slip-and-fall incidents. 

• Dog Bites: Minnesota follows a “strict liability” rule when it comes to dog bites. This means that a dog owner is typically responsible for any injuries their dog causes, even if the dog has no prior history of aggression. Dog bites can cause serious physical injuries as well as emotional trauma, particularly for children who are often affected. We help victims of dog bites pursue compensation for medical bills, pain and suffering, and any lasting emotional scars. 

• Catastrophic Injuries: Some injuries are so severe that they forever alter the course of a person’s life. Spinal cord injuries, traumatic brain injuries, amputations, and severe burns, are categorized as catastrophic injuries and often require lifelong medical care and rehabilitation. This can lead to significant financial burdens. In these cases, it’s crucial to secure compensation that covers not just immediate medical expenses but also long-term care, lost earning potential, and the emotional toll these injuries take. 

• Wrongful Death: Losing a loved one in an accident is devastating. When someone else’s negligence results in a preventable death, the emotional pain is often compounded by financial worries. Wrongful death claims allow family members to seek compensation for funeral expenses, loss of income, and emotional suffering.  

Each of these cases presents unique challenges, but no matter what kind of injury you have suffered, you have the right to pursue compensation. Understanding the type of case you’re dealing with is the first step in navigating your personal injury claim. 

• Serious Injuries: If you’ve suffered significant or life-altering injuries that require extensive medical treatment, rehabilitation, or long-term care, an attorney can help you understand your rights and seek appropriate compensation. 

• Insurance Company Challenges: If the insurance company denies your claim, offers a settlement that is lower than expected, or engages in delays or difficult negotiations, legal representation can help you navigate these issues effectively.  

• Lability Disputes: If there are disagreements about who is at fault for the accident, it’s essential to consult an attorney who can help investigate the circumstances and build a case that supports your claim. 

• Complex Cases: If your case involves multiple parties, such as in a car accident with several vehicles or a workplace injury that involves third-party liability, an attorney can help manage the complexities involved. 

• Negotiating Settlements: If you’re entering settlement negotiations, having an attorney can ensure that you’re getting a fair offer and that you fully understand any agreements you may be signing. 

• Long-Term Impacts: If your injuries could lead to future medical costs, lost wages, or ongoing pain and suffering, legal counsel can help assess the long-term implications of your case and ensure you seek adequate compensation. 

• Statute of Limitations: In Minnesota, personal injury claims generally have a six-year statute of limitations. Consulting with an attorney early can help ensure that you file your claim within this timeframe. 

• Emotional Stress: If the legal process is causing you significant stress or anxiety, seeking legal counsel can alleviate some of that pressure, allowing you to concentrate on your recovery. 

• Prevention of Mistakes: If you’re unsure about how to proceed with your case, an attorney can help you avoid common pitfalls that could jeopardize your claim. 

In any personal injury case, it’s often wise to consult with a qualified attorney as soon as possible to ensure your rights are protected and to increase your chances of a favorable outcome. 

• How Insurance Companies Evaluate Claims: After you file a claim, an insurance adjuster will review the details of the accident and your injuries. They will look at medical records, accident reports, and any other relevant documentation to determine the value of your claim.  

• It is important to remember that insurance adjusters are not on your side. Their goal is to minimize the payout, and they may attempt to downplay the severity of the situation or imply that you were partially at fault for the accident. Having an experienced attorney on your side can help ensure that you receive a fair evaluation of your claim. 

• Common Tactics Used by Insurers: Insurance companies often use tactics to try to reduce the amount they pay out on personal injury claims.  

• Offering a quick settlement. Some companies offer a settlement soon after the accident—before you’ve had a chance to fully understand the extent of your injuries. These initial offers are usually far lower than what you’re entitled to.  

• Delaying your claim. Hoping that you’ll accept a lower settlement out of frustration or financial desperation, companies may postpone a claim.  By working with a lawyer, you can level the playing field and ensure that the insurance company doesn’t take advantage of you. 

• Understanding Policy Limits and Coverage: Every insurance policy has a coverage limit, which is the maximum amount the insurer will pay for a claim. In some cases, this limit may not be enough to cover all of your damages, especially if you’ve suffered serious injuries. If the at-fault driver’s insurance doesn’t provide enough coverage, you may be able to turn to your own insurance for additional compensation through underinsured motorist coverage. An attorney can help you navigate these complexities and identify all possible sources of compensation. 

Dealing with insurance companies can be daunting, but you don’t have to go through it alone. An experienced personal injury attorney can handle negotiations with the insurance company, ensuring that you receive the full compensation you deserve. 

• Duty of Care: The first step in proving liability is showing that the other party owed you a duty of care. This means that, under the law, they were required to act in a way that avoided causing harm to others. For example, drivers have a duty to follow traffic laws and operate their vehicles safely to prevent accidents. Property owners have a duty to keep their premises free of dangerous conditions that could harm visitors. 

• Breach of Duty: Once a duty of care is established, the next step is to prove that the responsible party breached that duty by acting carelessly or negligently. In a car accident case, this might mean that the at-fault driver was speeding, running a red light, or texting while driving. In a slip-and-fall case, it could mean that a property owner failed to clear ice from their sidewalk, creating a hazard for pedestrians. 

• Causation: It’s not enough to show that the other party acted negligently—you must also prove that their negligence directly caused your injuries. For example, if you were rear-ended by a distracted driver, you’ll need to demonstrate that their failure to pay attention directly led to the accident, and that the accident caused your injuries. Sometimes, the other party may try to argue that your injuries were pre-existing or unrelated to the accident, which is why it’s important to have thorough medical documentation. 

• Damages: Finally, you’ll need to prove that you suffered damages as a result of the accident. Damages can include both economic losses (like medical bills, lost wages, and property damage) and non-economic losses (such as pain and suffering or emotional distress). Even if the other party is clearly at fault, you won’t be entitled to compensation unless you can show that you suffered real harm. 

In Minnesota, the legal concept of comparative fault comes into play if both parties share some responsibility for the accident. Minnesota follows a “modified comparative fault” rule, which means that as long as you are not more than 50% at fault, you can still recover damages. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault for an accident, and your total damages amount to $100,000, you would receive $80,000. Proving liability in personal injury cases can be complex, but we’re here to help build a strong case and make sure you get the compensation you deserve. 

• Economic Damages: These are the tangible, out-of-pocket costs that you incur as a result of the accident. They are often easier to calculate because they come with clear financial documentation. Examples of economic damages include: 

• Medical Expenses: This includes not just the immediate medical bills you face after the accident (like hospital stays, surgeries, and medications) but also any future medical expenses related to your recovery. If you require ongoing treatment, physical therapy, or long-term care, these future costs should be included in your claim. 

• Lost Wages: If your injury has caused you to miss work, you can recover the wages you would have earned during that time. Additionally, if your injury prevents you from returning to work or limits your ability to earn a living in the future, you may be entitled to compensation for lost earning capacity. 

• Property Damage: In cases involving vehicle accidents, you can seek compensation for the cost of repairing or replacing your damaged vehicle or other personal property. 

• Non-Economic Damages: These damages compensate you for the more subjective, non-financial losses you experience as a result of your injuries. While these damages can be harder to quantify, they are no less important. Examples of non-economic damages include: 

• Pain and Suffering: This refers to the physical pain and discomfort caused by your injuries, as well as the emotional distress and mental anguish that often accompany serious accidents. While there’s no exact formula for calculating pain and suffering, courts and insurance companies typically consider the severity of your injuries, the impact on your daily life, and how long your recovery is expected to take. 

• Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed—whether it’s hobbies, sports, or simply spending time with family—this can be factored into your claim. 

• Emotional Distress: In some cases, particularly those involving traumatic events, you may experience long-term emotional or psychological effects, such as anxiety, depression, or PTSD. Compensation for emotional distress can help you address the ongoing impact of the accident on your mental health. 

• Punitive Damages: In rare cases, the court may award punitive damages in addition to compensatory damages. These are intended not to compensate you for your losses but to punish the defendant for particularly reckless or malicious behavior, and to serve as a deterrent to others. While punitive damages are not common in most personal injury cases, they may be available in cases involving extreme negligence, such as a drunk driving accident. 

Determining the full extent of your damages is essential to ensuring that you receive fair compensation. An experienced attorney can help you assess both the immediate and long-term costs of your injury, and make sure that all aspects of your suffering—physical, emotional, and financial—are fully accounted for in your claim. 

• Who Pays for Medical Bills After an Accident?: After an accident, you may be responsible for paying your medical bills upfront. However, if someone else’s negligence caused your injuries, you can seek compensation for those medical expenses as part of your personal injury claim. In the meantime, your health insurance or auto insurance may cover some of the costs, but you may still be responsible for co-pays, deductibles, and uncovered expenses. 

• Medical Liens: In some cases, healthcare providers, insurance companies, or government programs (like Medicaid or Medicare) may place a lien on your personal injury settlement. This means that they have the right to be reimbursed for the medical care they provided once you receive compensation from the at-fault party. For example, if your health insurance covered your hospital stay, they may place a lien to recover those costs from your settlement. It’s important to be aware of these liens, as they can significantly reduce the amount of money you receive from your settlement. 

• Subrogation: This is the legal term for when an insurance company seeks reimbursement for the medical expenses they covered on your behalf. In some cases, your health insurance company may pursue subrogation against the at-fault party’s insurance to recover the costs of your medical care. While subrogation can complicate the claims process, a personal injury attorney can help negotiate these liens and ensure that you keep as much of your settlement as possible. 

• Negotiating Medical Bills: If you don’t have health insurance or if your insurance doesn’t cover all of your medical expenses, your personal injury attorney can often negotiate with healthcare providers to reduce your bills. Many providers are willing to lower their charges if they know that a personal injury settlement is pending, especially if it means receiving payment sooner. 

Dealing with medical bills can add to the stress of an already difficult situation. At Sieben Edmunds Miller, we work to alleviate this burden by negotiating with insurance companies, healthcare providers, and lienholders to ensure that you receive the maximum compensation possible and aren’t left with overwhelming debt. 

• The Settlement Process: A settlement is an agreement between you (the injured party) and the at-fault party or their insurance company to resolve your claim without going to court. In a settlement, you agree to accept a specified amount of money in exchange for giving up your right to pursue further legal action related to the accident. Settlements are often quicker than going to trial, which means you can receive compensation sooner and avoid the uncertainty and expense of a trial. 

• Negotiating a Settlement: Once you’ve filed a claim, your attorney will begin negotiating with the insurance company on your behalf. These negotiations can be straightforward, but in many cases, insurers will initially offer a low amount in the hopes that you’ll accept it to avoid the hassle of further negotiations. This is why it’s crucial to have an attorney advocating for your best interests, ensuring that the settlement reflects the true value of your injuries and the long-term impact on your life. 

• When to Settle: A settlement may be the best option if the offer is fair and covers all your economic and non-economic damages. Settlements can also be beneficial if you’re facing mounting medical bills or other financial pressures and need compensation as soon as possible. 

• Going to Trial: If a fair settlement cannot be reached, your attorney may recommend taking your case to trial. In a trial, a judge or jury will hear the facts of the case and decide whether you are entitled to compensation and how much. While trials carry more risk than settlements—because there’s no guarantee of winning—they can also result in higher compensation, particularly in cases involving serious or catastrophic injuries. 

• When to Go to Trial: Going to trial may be necessary if the at-fault party or their insurance company refuses to offer a fair settlement, or if liability is in dispute. For example, if the other side claims you were partially at fault for the accident, taking the case to trial allows you to present evidence and argue your case before an impartial judge or jury. 

• The Trial Process: Trials can be time-consuming and stressful. They involve multiple stages, including discovery (where both sides gather and exchange evidence), depositions, and hearings. Having an attorney to handle the legal complexities, guide you through the process, and ensure that your rights are protected. 

• The Costs of Going to Trial: While some clients worry about the cost of going to trial, it’s important to note that most personal injury attorneys, including those at Sieben Edmunds Miller, work on a contingency fee basis. This means you won’t pay any legal fees unless you win your case, and the attorney’s fee is usually a percentage of your settlement or award. 

Whether you choose to settle or go to trial depends on the specifics of your case, your financial needs, and the strength of your claim. An experienced personal injury attorney can assist you in weighing the pros and cons of each option and recommend the best course of action for your case. 

• Personal Injury Claims: In Minnesota, the statute of limitations for most personal injury claims is six years from the date of the accident. This includes cases like car accidents, construction accidents, and dog bites. If you don’t file your lawsuit within this six-year window, the court will likely dismiss your case, leaving you with no legal recourse to recover compensation for your injuries. 

• Wrongful Death Claims: If you’ve lost a loved one due to someone else’s negligence, the statute of limitations for filing a wrongful death claim is generally three years from the date of death. However, some exceptions may apply, depending on the circumstances of the case. 

• Exceptions and Special Cases: In some situations, the statute of limitations may be extended. Because these exceptions are highly specific, it’s important to work with an attorney who understands Minnesota’s personal injury laws and can ensure that your claim is filed on time. 

If you’ve been injured, it’s crucial to act quickly. The sooner you file your claim, the sooner you can begin the process of securing compensation—and the more likely it is that crucial evidence and witness testimony will be preserved. At Sieben Edmunds Miller, we can help you understand the statute of limitations for your specific case and ensure that all necessary legal actions are taken before the deadline passes. 

• Contingency Fee Arrangement: One of the most common concerns people have about hiring a lawyer is the cost. At Sieben Edmunds Miller, we work on a contingency fee basis, which means you don’t have to pay any legal fees upfront. Our fee is only a percentage of the compensation we recover for you, and if we don’t win your case, you owe us nothing. This allows you to access high-quality legal representation without worrying about the financial burden. 

• Skilled Legal Guidance: Personal injury law is complex, and the insurance companies involved in your case will have teams of adjusters and lawyers working to protect their interests. A personal injury attorney understands the laws that apply to your case and can provide you with the guidance you need to make informed decisions. Your lawyer will help you navigate the legal process, negotiate with insurance companies, and represent you in court if necessary. 

• Maximizing Compensation: Many people underestimate the true value of their personal injury claim. Insurance companies may offer a quick settlement that covers immediate medical bills but fails to account for future medical expenses, lost wages, and non-economic damages like pain and suffering. A skilled personal injury attorney knows how to calculate the full value of your claim, ensuring that you receive the maximum compensation you’re entitled to. 

• Handling Insurance Companies: Dealing with insurance adjusters can be frustrating and confusing. They may ask leading questions, downplay your injuries, or try to shift the blame for the accident. Your attorney will handle all communication with the insurance company, protecting your rights and preventing you from making statements that could harm your case. Additionally, your attorney will negotiate on your behalf to reach a fair settlement, and if the insurance company refuses to offer a reasonable amount, your lawyer can take the case to court. 

• Reducing Stress: After an accident, your primary focus should be on recovering and getting your life back to normal. Handling a personal injury claim on your own can add unnecessary stress to an already difficult situation. When you hire a personal injury attorney, you can trust that your case is in good hands. We’ll take care of the legal details so you can concentrate on healing. 

Hiring a personal injury attorney can make a significant difference in the outcome of your case. At Sieben Edmunds Miller, we are committed to fighting for the compensation you deserve and helping you through every step of the legal process. 

• Admitting Fault: In the aftermath of an accident, you may feel the need to apologize or take responsibility, even if you’re not entirely at fault. It’s important to avoid making any statements that could be interpreted as admitting fault. Liability will be determined through evidence, not your initial reaction. 

• Delaying Medical Treatment: Some injuries may not appear serious right away, but delaying medical treatment can hurt your claim. Insurance companies may argue that your injuries aren’t as severe as you claim, or that they were caused by something other than the accident. Always seek medical attention promptly and follow your doctor’s advice. 

• Posting on Social Media: Social media can be a double-edged sword. While it may be tempting to share updates with friends and family, anything you post online could be used against you. Insurance adjusters may comb through your social media profiles looking for evidence that contradicts your injury claim. It’s best to avoid posting about the accident, your injuries, or your activities while your claim is pending. 

• Settling Too Quickly: Insurance companies may offer a quick settlement in the hopes that you’ll accept less than your claim is worth. However, it’s important to wait until you’ve fully understood the extent of your injuries and the impact they’ll have on your life. Once you accept a settlement, you typically can’t go back for more compensation if your medical bills increase or your injuries worsen. 

• Failing to Hire an Attorney: Some people try to handle their personal injury claims on their own, thinking it will save them money. However, without legal representation, you may end up with far less compensation than you deserve.  

Avoiding these mistakes can significantly improve your chances of receiving the compensation you deserve. If you’re unsure about how to proceed with your claim, consulting with an attorney is the best way to protect your interests.