Instantly Connect For Your Personal Injury Consultation When Filling Out Form
Your Hutchinson Personal Injury Attorney
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Hutchinson was someone else’s doing, start with the basics below and go at your own pace.
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.
What To Ask Before You Choose An Attorney In Hutchinson
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).
- 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).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- The people. Ask who will be in touch with you and how quickly they return calls.
Injury Claims People Ask About
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
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
If a loved one died because of another person’s wrongful act or omission, a different set of rules applies. 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.
Injured in Hutchinson? Get matched with an attorney now.
If You Were Partly At Fault
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.
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).
Filing Deadlines For Injury Claims
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).
Coverage Limits Behind a Crash Claim
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 Hutchinson
For Census purposes Hutchinson is part of McLeod County. Look up McLeod County in Minnesota Statutes section 2.722 and you find it in the First Judicial District. The Minnesota Department of Health Trauma System Hospitals list names Hutchinson Health in Hutchinson 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.
Your First Step After Getting Hurt In Hutchinson
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.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
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).
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.
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.
Is a claim against a local government different in Minnesota?
It is. A notice is due within 180 days after the injury is discovered (Minn. Stat. 466.05), and liability on a claim is limited to $500,000 to any claimant for claims arising on or after July 1, 2009 (Minn. Stat. 466.04).
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 Hutchinson?
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.
Can I still recover if the accident was partly my fault?
Yes. Contributory fault does not bar recovery if it was not greater than the fault of the person against whom recovery is sought, and the award is reduced in proportion to your share (Minn. Stat. 604.01).
Serving Injured Clients Across Minnesota
People are hurt in every part of Minnesota. These pages cover other communities.
