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Your Falcon Heights 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 Falcon Heights 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.
What To Ask Before You Choose An Attorney In Falcon Heights
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).
- 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.
- 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
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
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
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
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.
Injured in Falcon Heights? Get matched with an attorney now.
If You Were Partly At Fault
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.
The No Fault Threshold And Other Limits
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).
Time Limits To Know
If a city, county or other municipality may be responsible, the deadline for notice is much shorter than the filing deadlines above. A person claiming damages from a municipality must present a notice to its governing body within 180 days after the loss or injury is discovered (Minn. Stat. 466.05). When the claim is for a death, the notice may be presented within one year after the injury or loss that resulted in the death (Minn. Stat. 466.05).
Claims against the State have a similar 180 day notice to the attorney general (Minn. Stat. 3.736). These notice rules sit alongside the filing deadlines of Minn. Stat. 541.05 and Minn. Stat. 541.07, so ask an attorney about both.
What Auto Policies Must Cover
Minimum insurance is a floor, not a measure of your claim. Minnesota requires residual liability limits of at least $30,000 for one person, $60,000 for two or more people in one accident and $10,000 for property (Minn. Stat. 65B.49).
If a crash leaves you with more bills than the other driver’s policy pays, your own coverage may matter. Minnesota policies must include uninsured and underinsured motorist coverage with minimum limits of $25,000 and $50,000 (Minn. Stat. 65B.49). Before accepting a payment, ask an attorney to check every policy that could apply.
Local Courts and Care Near Falcon Heights
The Census Bureau counts Falcon Heights in Ramsey County. Minnesota Statutes section 2.722 places Ramsey County in the Second Judicial District. Children’s Minnesota Saint Paul in St. Paul, which is in Ramsey County, appears on the Minnesota Department of Health Trauma System Hospitals list as a Level IV trauma hospital. M Health Fairview St. John’s Hospital in Maplewood, which is in Ramsey County, appears on the Minnesota Department of Health Trauma System Hospitals list as a Level IV 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.
Where To Begin After An Injury In Falcon Heights
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.
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).
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).
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).
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.
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).
If You Were Hurt Somewhere Else In Minnesota
The same matching service covers more of Minnesota. Pick the community closest to where it happened.
