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Your Chaska 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 Chaska because of another person’s actions, this page explains how Minnesota treats injury claims so you can plan your next step.
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 Worth Asking In Chaska
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).
- 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).
- 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).
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
Common Kinds of Injury Claims
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
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
Falls on someone else’s property usually depend on what the owner knew or should have known about the hazard. Photograph the spot before it changes, report the fall in writing, and keep the shoes you were wearing.
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.
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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.
Limits That Can Apply To A Claim
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).
Time Limits To Know
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).
What Auto Policies Must Cover
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 Chaska
Minnesota Statutes section 2.722 places Carver County in the First Judicial District. According to the Minnesota Department of Health Trauma System Hospitals list, Ridgeview Emergency Department at Two Twelve Medical Center is a Level IV trauma hospital in Chaska. For Census purposes Chaska is part of Carver County.
Records matter later. Get the complete chart and an itemized bill from each place that treated you, and write down the date of every visit, including any transfer to another facility.
Getting Started With Your Claim In Chaska
Use the form at the top of the page to tell us what happened. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Minnesota. There is no charge to submit it, and submitting it does not hire 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
Where would my injury case be filed?
That depends on the defendants, the amount at stake and where the injury happened, so ask the attorney you speak with to name the court and explain why. The courts named in the section above are the ones listed by the state judiciary for this area.
How long do I have to file an injury lawsuit in Minnesota?
Not always the same. The statutes set six years for some injury claims (Minn. Stat. 541.05) and two years for others (Minn. Stat. 541.07). A death action generally may be commenced within three years after the death (Minn. Stat. 573.02). Confirm the date with an attorney early.
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).
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.
Can I talk to the other side’s insurance company?
You can, but you do not have to give a recorded statement right away. It is fair to say you are getting advice first.
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).
Serving Injured Clients Across Minnesota
If your injury happened outside Chaska, one of these pages may fit better.
