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Your Woodbury Personal Injury Attorney
Recovering from an injury is hard enough without legal confusion on top of it. If someone else’s carelessness hurt you in Woodbury, you are allowed to take your time understanding your options before you sign or say anything.
This page is general information, not legal advice. NeedAnAttorney.net matches people with attorneys and does not represent anyone. The legal points below come from Minnesota’s statutes, and the form at the top of the page is how you reach an attorney.
Questions To Ask A Woodbury Injury Attorney
Bring these to your first call, whoever it is with:
- Your share of fault. Ask how a finding that you were partly at fault would change the numbers. In Minnesota your fault does not bar a claim if it was not greater than the fault of the person you sue (Minn. Stat. 604.01).
- The deadline. Ask for the specific last day to file. Minnesota allows six years for some injury claims and two years for others, so do not assume (Minn. Stat. 541.05, Minn. Stat. 541.07).
- The no fault threshold. Ask whether the threshold for pain and suffering damages after a motor vehicle crash applies to you and how your medical costs count toward it (Minn. Stat. 65B.51).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- The people. Ask who will be in touch with you and how quickly they return calls.
Injury Claims People Ask About
Vehicle crashes
Whether the collision was minor or serious, the same early steps help: get checked by a doctor, photograph the vehicles and the scene, exchange insurance information and keep any repair estimates.
Pedestrian and bicycle injuries
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
Falls and unsafe property
Wet floors, icy steps and broken railings cause injuries that turn on how long the hazard existed and who was responsible for it. Photograph the hazard as soon as you can and report the fall to whoever runs the property.
Wrongful death
When a death is caused by someone else’s wrongful act or neglect, the claim works differently from an injury claim. Minnesota law has a trustee bring the death action, and the jury awards what it finds fair and just for the damages the person suffered before death and for the pecuniary loss from the death, for the benefit of the surviving spouse and next of kin (Minn. Stat. 573.02). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
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How Shared Fault Is Counted
If an insurer says the accident was partly your fault, that does not end the matter. Minn. Stat. 604.01 allows recovery when the injured person’s fault was not greater than the fault of the person sued, with the damages reduced in proportion to the injured person’s share. The statute defines fault broadly, and it includes an unreasonable failure to avoid an injury or to mitigate damages.
Who pays how much also turns on the percentages. Under Minn. Stat. 604.02, contributions to an award are in proportion to each person’s percentage of fault, except that a person whose fault is greater than 50 percent, people who act in a common scheme or plan, and a person who commits an intentional tort are jointly and severally liable for the whole award.
The No Fault Threshold And Other Limits
Minnesota is a no fault state for car crashes, and that affects what you can claim in court. In a negligence action arising from a motor vehicle with required security, the court deducts the value of basic economic loss benefits paid or payable from any recovery (Minn. Stat. 65B.51). Those benefits provide a minimum of $40,000: $20,000 for medical expense loss and a total of $20,000 for income loss, replacement services, funeral expense and survivor losses (Minn. Stat. 65B.44).
To recover damages for noneconomic detriment, such as pain and suffering, you must meet a threshold. Either your reasonable medical expenses must exceed $4,000, counted as the statute describes and without diagnostic x rays and rehabilitation, or the injury must result in permanent disfigurement, permanent injury, death, or disability for 60 days or more (Minn. Stat. 65B.51).
How Long You Have To File
Minnesota has more than one time limit for injury claims. Actions for any other injury to the person or rights of another, not arising on a contract and not listed elsewhere, must be commenced within six years (Minn. Stat. 541.05). A different section sets two years for libel, slander, assault, battery, false imprisonment or other tort resulting in personal injury (Minn. Stat. 541.07). Which rule fits a claim is a legal question, so ask an attorney to name the last day in your case instead of assuming six years.
For a death, the action generally may be commenced within three years after the date of death, provided it is commenced within six years after the act or omission (Minn. Stat. 573.02).
Insurance Minimums in Minnesota
Minimum insurance is a floor, not a measure of your claim. Minnesota requires residual liability limits of at least $30,000 for one person, $60,000 for two or more people in one accident and $10,000 for property (Minn. Stat. 65B.49).
If a crash leaves you with more bills than the other driver’s policy pays, your own coverage may matter. Minnesota policies must include uninsured and underinsured motorist coverage with minimum limits of $25,000 and $50,000 (Minn. Stat. 65B.49). Before accepting a payment, ask an attorney to check every policy that could apply.
Medical Care and the Courthouse for Woodbury
The Minnesota Department of Health Trauma System Hospitals list names M Health Fairview Woodwinds Hospital in Woodbury as a Level IV trauma hospital. Look up Washington County in Minnesota Statutes section 2.722 and you find it in the Tenth Judicial District. The Census Bureau counts Woodbury in Washington County.
Ask every provider for your full records and an itemized bill, and keep a running list of appointments. A transfer between hospitals leaves two sets of records, so request both.
What Happens When You Send The Form From Woodbury
The form at the top of this page is the starting point. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Minnesota. It costs nothing to use and does not commit you to anything.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
What documents should I keep after an injury?
Medical records and bills, photographs, the police or incident report number, pay stubs showing missed work, repair estimates and every letter or email from an insurer.
Do I have to give the other insurer a recorded statement?
Not right away. You may decline a recorded statement until you have talked to someone about your options, and saying so is fine.
What if a city or county caused my injury?
Yes. Notice must be presented to the governing body of the municipality within 180 days after the loss or injury is discovered (Minn. Stat. 466.05), and liability is limited to $500,000 to any claimant for claims arising on or after July 1, 2009 (Minn. Stat. 466.04).
What comes first after an injury?
Seek medical attention first. Then report what happened, photograph the scene and your injuries, and note the details in writing while they are fresh.
What is the deadline to sue for an injury in Woodbury?
It depends on the claim. Minnesota allows six years for an injury to the person not arising on a contract and not listed elsewhere (Minn. Stat. 541.05), two years for assault, battery, false imprisonment or other tort resulting in personal injury (Minn. Stat. 541.07), and generally three years after the death for a death action (Minn. Stat. 573.02). Ask an attorney to name the last day for your claim.
If I was partly responsible, can I still recover something?
Yes, if your fault was not greater than the fault of the person you are suing. Your damages are diminished in proportion to your fault (Minn. Stat. 604.01).
Does Minnesota limit damages after a motor vehicle accident?
Yes, in a way. The no fault law sets a threshold for noneconomic damages: more than $4,000 in medical expenses by the statute’s count, or permanent disfigurement, permanent injury, death or disability for 60 days or more (Minn. Stat. 65B.51).
What are Minnesota’s minimum auto insurance limits?
At least $30,000 per person and $60,000 per accident for bodily injury, and $10,000 for property damage (Minn. Stat. 65B.49).
Serving Injured Clients Across Minnesota
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