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Your Mankato 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 Mankato 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.
Before You Hire: Questions For A Mankato Attorney
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).
- 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).
- 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 people. Ask who will be in touch with you and how quickly they return calls.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
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
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
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
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.
Injured in Mankato? Get matched with an attorney now.
When Fault Is Shared
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.
Rules That Shape The Size Of A Claim
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.
Coverage Limits Behind a Crash Claim
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 Mankato
The Minnesota Department of Health Trauma System Hospitals list names Mayo Clinic Health System Mankato in Mankato as a Level III trauma hospital. The Census Bureau lists Mankato in more than one county: Blue Earth County, Le Sueur County and Nicollet County. Minnesota Statutes section 2.722 places the counties as follows: Le Sueur County is in the First Judicial District, and Blue Earth County and Nicollet County are in the Fifth Judicial District.
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 Get Matched With An Attorney In Mankato
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
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).
Does it matter if my attorney knows the Mankato area?
Local knowledge can help with scheduling, courts and medical providers. The form on this page connects you with an attorney who takes cases near Mankato.
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.
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).
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 insurance does the other driver have to have?
Stated limits of liability must be not less than $30,000 for bodily injury to one person, $60,000 for two or more people in one accident, 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.
Injury Attorney Pages For Other Minnesota Communities
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