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Your Albert Lea Personal Injury Attorney
An injury changes the pace of your days. Medical visits, paperwork and worry about money can crowd out everything else. If you were hurt in Albert Lea because of another person’s actions, this page explains how Minnesota treats injury claims so you can plan your next step.
A quick note on what this page is: general information about Minnesota injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
Before You Hire: Questions For An Albert Lea Attorney
Ask these in any first conversation:
- The date. Ask the attorney to name the exact last day to file in your case. Minnesota has more than one time limit for injuries, and the claim decides which applies (Minn. Stat. 541.05, Minn. Stat. 541.07).
- If you were partly to blame. Ask what happens to your award if a jury assigns you a percentage of fault. Damages are diminished in proportion to it (Minn. Stat. 604.01).
- 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
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
Falls and unsafe property
Slips, trips and falls come from spills, uneven surfaces, poor lighting and broken stairs. What matters is who controlled the place and how long the problem was there, so document the hazard and tell the owner or manager promptly.
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). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Albert Lea? Get matched with an attorney now.
How Shared Fault Is Counted
Minnesota assigns blame by percentage. A claim survives shared fault as long as the injured person’s fault was not greater than that of the defendant, and the award is diminished by the injured person’s share (Minn. Stat. 604.01). Because the comparison is with each defendant, who is named in the lawsuit can matter.
The exceptions are narrow. Minn. Stat. 604.02 makes a person whose fault is greater than 50 percent jointly and severally liable for the whole award, along with people who act in a common scheme and those who commit an intentional tort. Ask an attorney how the percentages could play out in your case.
Rules That Shape The Size Of A Claim
Two rules decide a lot after a Minnesota crash. First, the no fault threshold: under Minn. Stat. 65B.51, no one recovers damages for noneconomic detriment unless medical expense benefits exceed $4,000 by the statute’s count or the injury results in permanent disfigurement, permanent injury, death or disability of 60 days or more. Disability means the inability to engage in substantially all of the injured person’s usual and customary daily activities.
Second, benefits already paid or payable come off the top. The court deducts basic economic loss benefits from any recovery, and that deduction is made before the award is reduced for your share of fault (Minn. Stat. 65B.51). Punitive damages are a separate matter and are allowed only on clear and convincing evidence of deliberate disregard for the rights or safety of others (Minn. Stat. 549.20).
Filing Deadlines For Injury Claims
Do not count on the longer deadline. Minnesota allows six years for injury claims that do not arise on a contract and are not listed elsewhere (Minn. Stat. 541.05), but two years for assault, battery, false imprisonment or other tort resulting in personal injury (Minn. Stat. 541.07). The facts of your claim decide how a court will treat it, and an attorney should confirm the date early.
A death action under Minn. Stat. 573.02 may generally be commenced within three years after the death, provided that it is commenced within six years after the act or omission.
Insurance Minimums in Minnesota
Minnesota auto policies must carry residual liability limits of not less than $30,000 for bodily injury to one person in an accident, $60,000 for two or more people, and $10,000 for injury to or destruction of the property of others (Minn. Stat. 65B.49). Those are minimums, and a serious injury can cost far more.
Your own policy matters too. Each policy must provide separate uninsured and underinsured motorist coverage, with minimum limits of $25,000 for one person and $50,000 for two or more people in an accident, and every owner must maintain that coverage (Minn. Stat. 65B.49).
Local Courts and Care Near Albert Lea
Albert Lea lies within Freeborn County. According to Minnesota Statutes section 2.722, the Third Judicial District includes Freeborn County. According to the Minnesota Department of Health Trauma System Hospitals list, Mayo Clinic Health System Albert Lea and Austin Albert Lea is a Level IV trauma hospital in Albert Lea.
Whichever provider treated you, request your complete records and an itemized bill, and keep a list of every appointment. If you were transferred to another hospital, ask for the paperwork from both ends of the transfer.
Getting Started With Your Claim In Albert Lea
Start with the form at the top. It asks a few questions about the injury. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Minnesota. Using it is free, and it does not create an attorney client relationship.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
What is the deadline to sue for an injury in Albert Lea?
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.
Does Minnesota bar me from recovering if I share the blame?
Not unless your fault was greater than that of the person you sue. Below that point you can recover, with damages diminished in proportion to your fault (Minn. Stat. 604.01).
Can I recover pain and suffering after a car crash in Minnesota?
Possibly. Under Minn. Stat. 65B.51, a person recovers noneconomic damages only if medical expenses exceed $4,000 as the statute counts them, or the injury results in permanent disfigurement, permanent injury, death or 60 days of disability.
How much insurance does the other driver have to have?
Stated limits of liability must be not less than $30,000 for bodily injury to one person, $60,000 for two or more people in one accident, and $10,000 for property damage (Minn. Stat. 65B.49).
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.
Is a claim against a local government different in Minnesota?
It is. A notice is due within 180 days after the injury is discovered (Minn. Stat. 466.05), and liability on a claim is limited to $500,000 to any claimant for claims arising on or after July 1, 2009 (Minn. Stat. 466.04).
What should I do right after being hurt?
Get medical care, report the incident to the police or the property owner as appropriate, photograph the scene and your injuries, and write down what happened while you remember it.
Injury Attorney Pages For Other Minnesota Communities
People are hurt in every part of Minnesota. These pages cover other communities.
