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Your Lakeville Personal Injury Attorney
Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in Lakeville, the weeks afterward bring decisions that feel bigger than they should. Here is what Minnesota law says, in plain terms, so you can ask better questions.
We match people with attorneys; we do not advise on cases. Treat what follows as a plain language guide to Minnesota law drawn from the statutes. When you want to talk to an attorney, the form at the top of this page is the way to start.
Questions Worth Asking In Lakeville
A short list of questions can sort out who is right for you:
- 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).
- 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).
- 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).
- 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.
Kinds of Injury Claims
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
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
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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When Fault Is Shared
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).
How Long You Have To File
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.
Coverage Limits Behind a Crash Claim
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.
Where Treatment and Court Happen in Lakeville
Dakota County belongs to the First Judicial District under Minnesota Statutes section 2.722, which lists the counties of each district. Lakeville lies within 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.
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.
Taking The First Step From Lakeville
The form at the top of this page is the starting point. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Minnesota. It costs nothing to use and does not commit you to anything.
Before the first call, collect the basics: the date, the place, names of witnesses, your medical visits and your missed work. A single folder for bills, letters and photographs saves time later.
Frequently Asked Questions
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.
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.
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).
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.
What is the deadline to sue for an injury in Lakeville?
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).
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.
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