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Your Edina 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 Edina, you are allowed to take your time understanding your options before you sign or say anything.
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 Edina
Whoever you speak to, a few answers tell you a lot:
- 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 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).
- 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).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
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
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
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). You do not have to sort this out alone or quickly; an attorney can explain who is allowed to act and what the dates are.
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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
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).
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.
Courts and Hospitals in Edina
M Health Fairview Southdale Hospital in Edina appears on the Minnesota Department of Health Trauma System Hospitals list as a Level III trauma hospital. According to Minnesota Statutes section 2.722, the Fourth Judicial District includes Hennepin County. Edina lies within Hennepin County.
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.
How To Begin Your Edina Claim
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.
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
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).
When will I know what my claim is worth?
It depends on how long you need treatment and how the insurer responds. Settlement usually comes after your condition is clear, and a lawsuit adds time.
What is the deadline to sue for an injury in Edina?
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).
What is the no fault threshold in a Minnesota crash case?
After a motor vehicle crash covered by the no fault law, noneconomic damages are available only if medical expense benefits exceed $4,000 by the statute’s count or the injury results in 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).
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.
If You Were Hurt Somewhere Else In Minnesota
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