An injury arising due to someone else’s negligence or recklessness can harm you both physically and emotionally. When such an injury occurs, it is imperative to take the necessary steps to seek compensation for all the losses suffered.
Quite simply, Minnesota’s personal injury law guarantees you a right to file a claim against a tortfeasor. However, navigating the legal process is often a daunting task. As such, you’ll need the help of a qualified Winona, Minnesota, personal injury lawyer to help you navigate the legal process and ensure you have a successful outcome.
That said, here is an elucidation about personal injury law and how a Winona, Minnesota personal injury lawyer can help you.
Types of Personal Injury cases a Winona, Minnesota Personal Injury Lawyer represents
Personal injury-related cases are diverse. Some of the most common types of personal injury case your personal injury attorney may handle include:
The Centers for Disease Control and Prevention (CDC) suggests that motor vehicle accidents contribute to approximately 3 million non-fatal injuries. Although some of the accidents occur due to unintentional acts of the other party, most of the accidents are attested to the negligent conduct of the tortfeasor.
If your injury occurred due to a vehicle accident, you can file a claim seeking compensation.
Minnesota’s jurisdiction sets out to prevent injuries as a result of dog bites. As such, the governing statute-official code of Minnesota Annotated(OCMA) section 347.22– is stringent on dog owners.
Put briefly, the legislation provides that a dog owner is liable for any injuries or damages caused by their dog. The only time when they (dog owners) can’t be held liable is when it is established that you provoked the dog and that you were on private property unlawfully.
Although the courts in Minnesota are recognized as being strict on dog owners, you’ll still need a personal injury attorney to help establish a valid claim in your suit.
Medical malpractice is recognized as the leading cause of wrongful death in the United States. It occurs when medical staff and physicians act negligently or recklessly -leading to injuries.
Since they are under a duty of care to the patients, you can hold them liable for any injuries and damages suffered due to their actions.
Manufacturers are often required to manufacture products that are safe for the final consumers. In other words, manufacturers owe a duty of care to the final consumer.
In the event that you suffer injury due to a defective product, you have a right to seek compensation for damages or any harm suffered.
The law also protects “visitors” who get injured while lawfully on someone else’s property. Put simply, the law requires that property owners take care and put measures to ensure that their property is reasonably safe for others.
As such, if you are injured while lawfully on someone else’s property, you can file a claim seeking compensation.
What is a Comparative Fault?
Simply put, comparative fault is a legal phenomenon applicable in Minnesota, which provides that an injured person can’t file a claim if they are more than 50% responsible for the accident that caused it.
Put briefly, if you are responsible for the accident, then a certain percentage is taken to indicate this. The percentage of your liability is often taken out of your settlement. For example, if the settlement amount was $80,000 and you were found 10% responsible, you would only receive $70,000. Such deductions are often made based on the counter-claims made by the defendant and the insurance company.
However, you can avoid receiving a lower settlement or your claim being dismissed altogether by hiring a qualified Winona, Minnesota, personal injury attorney.
The Limitation Period
Like in other civil suits, a personal injury claim in Minnesota is governed by the statute of limitations. The statute of limitations provides that a personal injury claim be filed within two years after the accident. Failure to file within this time frame may render your claim time-barred.
You can prevent your claim from being thrown out or quashed by hiring a personal injury attorney to help initiate the claim and offer you any legal advice.
The Importance of a Personal Injury attorney in your Personal Injury Claim
A personal injury attorney sets out to provide you with all the tools you need to have a successful outcome in your claim. Put simply, a personal injury attorney will:
- Help you identify the applicable law.
- Establish the negligence of the at-fault party
- Compute-with the help of an economist- the amount of compensation you need
- Help with collecting all the relevant evidence -including witnesses
Need Help? Contact our Rochester, Minnesota Office
At Patterson Dahlberg Injury lawyers, we seek to ensure that our clients get the compensation they need to get through the difficult period.
Contact us today for a free case evaluation.