Anoka Personal Injury Attorneys
Filing a Personal Injury Claim in Minnesota
When you are involved in a serious accident or injured due to the careless, reckless, or negligent conduct of another, you deserve justice. At Bolt Law Firm, we strive to hold negligent parties accountable and seek fair compensation on behalf of the injured. Our Anoka personal injury lawyers represent victims and their families, providing highly personalized legal services and innovative solutions tailored to the unique details of each individual case. We handle all types of cases, including serious motor vehicle accidents, catastrophic injuries, wrongful death, and more.
Contact us online or call (763) 292-2102 for a free initial consultation.
How Long Do You Have to File a Personal Injury Lawsuit?
Like other states, Minnesota has various statutes of limitations on personal injury lawsuits. This means that you only have a certain amount of time to sue the liable party for damages. In Minnesota, the statute of limitations on most personal injury cases is six years from the date of injury. However, if the injury was not discovered right away, if the injured person is a minor, the statute of limitations may be longer than six years. In some cases, the statute of limitations can be as short as two years.
Additionally, if a claim involves the illegal sale of alcohol (a “dram shop” claim) or involves a municipality, an injured person may have as little as six months to preserve their right to pursue a claim. It is important that you act quickly so you don’t lose your right to seek damages after a serious accident, injury, or loss.
Who Can File a Personal Injury Claim?
Anyone who is injured as a result of someone else’s negligent or wrongful conduct may file a personal injury claim. You may file a claim against another individual, an insurance company, a business, a manufacturer, or another entity. However, there are several things you must prove to be successful in your case.
To bring a personal injury claim based on negligence, you will need to prove each of the following elements:
- You were injured
- You suffered measurable damages
- The defendant owed you a duty of care
- The defendant failed to uphold the duty of care
- The proximate cause of your injuries was the defendant’s failure to uphold the duty of care
- You were not 50 percent or more at fault for the incident that caused your injury and/or damages
For example, all motorists owe others on the road a duty of care. They must obey all traffic laws and drive cautiously to avoid causing foreseeable injury. A motorist who drives drunk has failed to uphold this duty of care by breaking the law and putting others in danger. If the drunk driver causes an accident that results in someone being hospitalized for serious injuries, and the victim was not at fault for the crash, the drunk driver is liable for the victim’s damages.
Note that, under Minnesota’s rule of modified comparative negligence, you must be less than 50 percent at fault for an injury-causing event to have grounds to file a personal injury claim. If you are found to be between 0 and 50 percent at fault, you may still recover compensation but the amount you can receive will be reduced by the percentage of fault you are found to have. So, if a jury finds you 25 percent at fault, you may only recover up to 75 percent of the total amount you are seeking in damages.
Damages in Personal Injury Cases
The purpose of filing a personal injury claim or lawsuit is to recover monetary compensation for certain losses. Known as “damages,” these losses can be either economic or non-economic in nature, meaning they can have an actual dollar value or not.
Some examples of common damages available in personal injury cases include:
- Medical expenses
- Medications
- Medical equipment
- Ongoing and future care
- Rehabilitation
- Physical therapy
- Pain and suffering
- Lost earning ability
- Lost income/wages
- Loss of future earnings
- Mental distress and anguish
- In-home assistance and care expenses
- Home modification costs
- Mental health treatment, such as counseling
At Bolt Law Firm, our Anoka personal injury lawyers seek maximum compensation for our clients. Our goal is to recover every penny you are owed for the unexpected physical, emotional, and financial hardships resulting from the accident.
Types of Personal Injury Cases We Handle
Our personal injury team has extensive experience handling a wide variety of cases, including but not limited to those involving:
We are well-versed in our state’s personal injury statute and know how to carefully build powerful, evidence-based claims aimed at securing the full, fair settlement you are owed. If the insurance company or liable party refuses to settle, we are fully prepared to take your case to trial.
There is no cost and no risk in speaking to one of our personal injury attorneys in Anoka about your situation. We invite you to reach out to us today to schedule a free initial consultation and case evaluation with a member of our team. We do not collect any legal fees unless/until we win your case.
Call our office at (763) 292-2102 or contact us online to learn more.
Personal Injury FAQ's
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 763-292-2102 today!
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How much does it cost to hire or talk to a personal injury attorney?At Bolt Law Firm, we offer free consultations to all prospective clients. This means that it does not cost you anything to speak to a personal injury attorney at our firm about your situation, your concerns, and your options. Additionally, personal injury attorneys nearly always provide legal services on a contingency fee basis. Under this pay structure, you do not pay attorney fees out of pocket; instead, your attorney’s fees are paid via a percentage of your recovery. In other words, a certain percentage of your settlement or verdict is used to pay your attorney’s fees. The exact percentage that will be used to pay these fees is something you can discuss with your attorney during the initial meeting. We invite you to contact us today to learn more.
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What does no-fault mean?In relation to motor vehicle accidents, “no-fault” refers to a type of auto insurance structure. Under a no-fault system, motorists are required to purchase minimum amounts of personal injury protection, or PIP, coverage. When a motorist is involved in an accident, they can file a PIP claim with their auto insurance company and receive compensation for specific losses, such as medical bills, regardless of who was at fault for the crash (i.e., “no fault”). Minnesota is one of several states to follow a no-fault car insurance system, meaning you are automatically covered for certain damages if you have insurance.
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Do I need to sue someone to receive compensation?You do not necessarily need to sue someone to be compensated for injury-related damages. In fact, filing a lawsuit is rarely the first step in seeking compensation. After a motor vehicle accident in Minnesota, an injured individual may turn to their no-fault insurance (or “personal injury protection/PIP” coverage) to receive compensation for certain covered losses. If PIP coverage is insufficient, the injured individual may bring a claim against the at-fault driver’s insurance provider (in some instances). This is true of other types of accidents and injury-causing events, as well; usually, your first step in seeking compensation is filing a claim against the liable party’s insurance provider. Only when the insurance provider fails to offer a fair settlement do you typically need to file a lawsuit.
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Do I need an attorney for my car accident case?You are not required by law to hire an attorney to resolve a car accident case. However, if you were injured in a car accident in Minnesota, it is wise to consult an experienced personal injury lawyer. The state’s no-fault laws can be difficult to navigate, and you may have trouble recovering a fair settlement without the help of an attorney. When you work with a lawyer at Bolt Law Firm, you can count on your attorney to communicate with the insurance adjuster on your behalf and aggressively negotiate a fair settlement. If necessary, our attorneys are even prepared to represent you at trial.
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Should I talk to my insurance company about the accident? What about the other person’s insurance company?While you should report an accident to your insurance company, you should avoid signing any documents or making any official statements without first speaking to an attorney. When it comes to discussing the case with the other person’s insurance company, refrain from saying anything until you have talked to a lawyer. Remember, the insurance company is not on your side. They will often do everything they can to devalue or deny your claim, including misconstruing statements you have made or taking these statements out of context to dispute your injuries, claim you were at fault, or allege that your claim is invalid. You should always talk to a lawyer first before talking to either your insurance company or the other party’s insurance provider.
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If I got hurt by an uninsured driver is there anything I can do? What about a hit and run?If you were involved in a hit-and-run accident, injured by an uninsured motorist, or were otherwise unable to obtain the at-fault driver’s insurance information, you may have several options when it comes to pursuing compensation. In Minnesota, uninsured motorist (UM) coverage is mandatory, meaning you already have this coverage if you have auto insurance. You are required to carry at least $25,000/$50,000 in UM insurance for bodily injury per person/per accident, but you can elect to increase your coverage voluntarily. If you are injured by an uninsured driver or in a hit-and-run accident, you can file a UM claim and recover compensation up to your policy limits for your damages.
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Who will pay my medical bills?The question of who will pay your medical bills depends on the type of accident you were involved in, or how you were injured. For example, if you were injured in a car accident, your auto insurance provider is responsible for paying your medical bills, even if you have health insurance. If you were injured due to unsafe conditions on someone else’s property, you may be initially responsible for paying your medical bills, but you are likely entitled to reimbursement for all reasonable and necessary medical expenses from the property owner’s insurance company. In some cases, you may need to file a lawsuit against a liable party to recover compensation for medical bills and related expenses. Our personal injury lawyers can provide more detailed information specific to your situation during a free initial consultation. Contact Bolt Law Firm today to learn more.
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How much is my case worth?The exact value of your case depends on numerous factors, including the severity of your injuries, the extent of your damages, your degree of fault (if any), and more. It is impossible to determine how much your case might be worth without first reviewing these and other related issues, such as the extent of your physical and mental pain and suffering. We invite you to reach out to our attorneys at Bolt Law Firm to set up a free, no-obligation consultation today.
