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Your Eagan Personal Injury Attorney
If you are reading this after an accident in Eagan, 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.
NeedAnAttorney.net is a matching service. It does not give legal advice about your case. What follows is general information about Minnesota injury law, taken from the text of the statutes, so you know which questions to ask. The form at the top of the page connects you with an attorney when you are ready.
What To Ask Before You Choose An Attorney In Eagan
Bring these to your first call, whoever it is with:
- 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).
- 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).
- Pain and suffering after a crash. Ask whether your injuries meet the no fault threshold for noneconomic damages, which depends on medical expenses or on a lasting injury (Minn. Stat. 65B.51).
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
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
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
If someone you love died because another person was careless or at fault, the law treats it separately. 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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If You Were Partly At Fault
Many people assume that a mistake of their own ends a claim. In Minnesota it does not. Under Minn. Stat. 604.01, contributory fault does not bar recovery if it was not greater than the fault of the person against whom recovery is sought, but any damages allowed must be diminished in proportion to the amount of fault attributable to the person recovering. The comparison is made against the person you are suing, not against everyone combined.
On request, the jury makes separate findings of the amount of damages and the percentage of fault of each party, and the court reduces the award by the injured person’s share (Minn. Stat. 604.01). A finding of 20 percent on a $90,000 loss would take $18,000 off the award.
The No Fault Threshold And Other Limits
Claims against a city, county or other municipality have a dollar limit. Under Minn. Stat. 466.04, liability on a claim within the municipal tort claims law may not exceed $500,000 to any claimant, and $1,500,000 for any number of claims from a single occurrence, for claims that arise on or after July 1, 2009. A wrongful death claim has the same $500,000 limit.
Other rules apply to private defendants. Punitive damages require clear and convincing evidence of deliberate disregard for the rights or safety of others (Minn. Stat. 549.20), and after a motor vehicle crash the no fault threshold controls whether pain and suffering damages are available at all (Minn. Stat. 65B.51).
Time Limits To Know
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.
What Auto Policies Must Cover
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.
Courts and Hospitals in Eagan
For Census purposes Eagan is part of Dakota County. According to Minnesota Statutes section 2.722, the First Judicial District includes Dakota County. The Minnesota Department of Health Trauma System Hospitals list shows M Health Fairview Ridges Hospital in Burnsville, Dakota County, as a Level III trauma hospital.
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.
Getting Started With Your Claim In Eagan
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
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.
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 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).
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).
How much liability coverage must a Minnesota driver carry?
The minimums are $30,000 per person, $60,000 per accident and $10,000 for property damage (Minn. Stat. 65B.49).
Help Elsewhere in Minnesota
If your injury happened outside Eagan, one of these pages may fit better.
