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Your Brooklyn Center Personal Injury Attorney
If you are reading this after an accident in Brooklyn Center, you are probably tired, sore and unsure whom to trust. That is normal. A few rules learned early can keep you from making choices that are hard to undo.
We match people with attorneys; we do not advise on cases. Treat what follows as a plain language guide to Minnesota law drawn from the statutes. When you want to talk to an attorney, the form at the top of this page is the way to start.
Questions To Ask A Brooklyn Center Injury Attorney
Ask these in any first conversation:
- 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).
- 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 people. Ask who will be in touch with you and how quickly they return calls.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Kinds of Injury Claims
Vehicle crashes
After a crash, see a doctor even if you feel fine, since some injuries show up later. Take photographs of the cars, the road and any injuries, get the other driver’s insurance details, and save every repair estimate.
Pedestrian and bicycle injuries
A collision on foot or on a bicycle is easy to dispute afterward. Record where it happened, what the road and signals were like, and who saw it, and keep any damaged clothing, helmet or equipment.
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). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Brooklyn Center? Get matched with an attorney now.
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.
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
The other driver’s policy may be smaller than your bills. In Minnesota the stated limits of liability must be not less than $30,000 per person, $60,000 per accident and $10,000 for property damage (Minn. Stat. 65B.49).
When losses are larger, look at your own coverage. Policies must include uninsured and underinsured motorist coverage of at least $25,000 per person and $50,000 per accident (Minn. Stat. 65B.49), and basic economic loss benefits provide a minimum of $40,000 for loss from the injury of any one person, subject to the applicable deductibles, exclusions and conditions (Minn. Stat. 65B.44). Ask your attorney to look at every policy that could apply.
Where Treatment and Court Happen in Brooklyn Center
Hennepin County belongs to the Fourth Judicial District under Minnesota Statutes section 2.722, which lists the counties of each district. For Census purposes Brooklyn Center is part of Hennepin County. M Health Fairview Southdale Hospital in Edina, which is in Hennepin County, appears on the Minnesota Department of Health Trauma System Hospitals list as a Level III trauma hospital. M Health Fairview University of Minnesota Masonic Children’s Hospital in Minneapolis, which is in Hennepin County, appears on the Minnesota Department of Health Trauma System Hospitals list as a Level III trauma hospital.
Keep copies of everything the hospital or clinic gives you, ask for an itemized bill, and note each appointment as it happens. If you moved between facilities, collect the records from each one.
Taking The First Step From Brooklyn Center
Fill in the form at the top of this page. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Minnesota. The form is free to use, and sending it does not mean you have hired anyone.
Until someone calls, make a simple record: what happened, the date and time, names of anyone who saw it, the treatment you have had, and the days you missed from work. Keep every bill and letter in one place.
Frequently Asked Questions
What should I save for my claim?
Save treatment records and bills, photographs, the report number if there is one, pay stubs that show lost work, estimates for repairs, and every letter or email from an insurance company.
Should I speak with the other driver’s insurance company?
You are free to talk to them, but you are not required to give a recorded statement immediately. Saying that you want advice first is a reasonable answer.
Are there special notice rules for claims against the government?
There are. Municipal claims need a notice within 180 days (Minn. Stat. 466.05), and a claim against the State needs a notice to the attorney general within 180 days (Minn. Stat. 3.736).
What are the first steps after an accident?
See a doctor, report the accident to the right party, take photographs, and write down the details soon after. Then keep every bill and record together.
What is the Minnesota statute of limitations for an injury claim?
Two time limits appear in the statutes: six years under Minn. Stat. 541.05 for injuries not arising on a contract and not listed elsewhere, and two years under Minn. Stat. 541.07 for assault, battery, false imprisonment or other tort resulting in personal injury. Ask an attorney which fits 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.
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).
Injury Attorney Pages For Other Minnesota Communities
If your injury happened outside Brooklyn Center, one of these pages may fit better.
