Personal Injury Claims: Answers To Frequently Asked Questions
A serious injury can change your life in a split second. At Bird, Stevens & Borgen, P.C., we understand that the aftermath of an accident can be overwhelming and confusing. Our accomplished personal injury attorneys provide the guidance you need during this difficult time.
Below, we provide answers to some frequently asked questions about personal injury claims. We encourage you to contact us with all your other questions. Call our Bloomington office at 952-209-9978 or our Rochester office at 507-218-2392 to schedule a free initial case consultation. We serve clients in Minnesota and Wisconsin.
Do I have a personal injury claim?
If you were injured by another party’s reckless or negligent actions, you may have a personal injury claim. Even if you were partially at fault for the accident, you may still be eligible for compensation. The other party must be determined to be more than 50% responsible for the accident to be held liable for damages.
How long do I have to file a personal injury claim in Minnesota?
You typically have six years from the date of the accident to file a personal injury claim in Minnesota based on negligence. Intentional tort claims must be brought within two years. You typically have three years from the date of accident to file a personal injury claim in Wisconsin. This can vary depending upon your case’s circumstances.
Speak with an attorney about the statute of limitations given your situation. It is very important to file a claim before the statute of limitations expires, or you may forfeit your ability to recover compensation.
What types of compensation can I recover with my personal injury claim?
You may be able to recover compensation for:
- Medical bills
- Rehabilitation costs
- Lost income
- Loss of future earning capacity
- Property damage
- Pain and suffering
- Mental anguish
- Loss of consortium
- Punitive damages*
*Punitive damages are only available in Minnesota if the other party showed a “deliberate disregard” for your safety. Punitive damages are available to punish and deter the other party. In most personal injury cases, you cannot secure punitive damages in Minnesota. However, there are some cases where the facts justify punitive damages. These include cases involving intentional conduct (assault or battery) or motor vehicle accidents where the at-fault driver is under the influence.
How much is my personal injury case worth?
It is impossible to estimate your case’s worth without digging into the facts. Our personal injury lawyers evaluate many factors to estimate your case’s value, including the severity of your injuries, and the physical and emotional toll this has taken on your life.
Not all injuries are worth filing a claim. We will provide an honest assessment of your case and whether we think that it is in your best interests to take legal action.
After an injury, how do I know if I should accept a settlement offer?
If you receive a settlement offer, check with an attorney before accepting. Settlement offers are often lower than your case is worth. In some cases, an offer may not even cover the full costs of your ongoing medical bills.
Always speak with an experienced personal injury attorney to determine whether to accept or deny a settlement offer. We have settled and tried hundreds of personal injury cases. Our team can advise whether it is in your best interests to accept a settlement offer or to pursue higher compensation through negotiation or litigation.
Why should I hire a Minnesota personal injury attorney?
Suffering an accident is physically and emotionally draining. We understand that you want to put this chapter of your life behind you as quickly as possible. Unfortunately, this is not always in your best interest.
After an accident, you will be dealing with insurance adjusters who do not necessarily have your best interests in mind. When you hire a personal injury attorney, you secure a knowledgeable advocate who fully understands your rights and options under Minnesota law. An attorney can investigate the facts of your case, provide an informed estimate of your case’s value, and fight for your best interests. We take care of the details of your claim, so you can focus on healing. An attorney will also help you navigate thorny issues, such as paying back your health insurance carrier if it pays medical bills on your behalf. Failure to properly deal with your health insurance carrier can lead to difficult problems for you.
How much does it cost to hire a personal injury attorney?
Personal injury attorneys are hired on a contingency fee model. This means that you do not pay any attorney fees unless we successfully recover compensation on your behalf. If you receive compensation for your injuries, we will take a percentage of that amount as payment.