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Your Maplewood 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 Maplewood 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 Maplewood Attorney
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).
- 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).
- 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
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
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
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
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). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Maplewood? 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.
Limits That Can Apply To 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).
How Long You Have To File
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
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.
Where Treatment and Court Happen in Maplewood
The Census Bureau counts Maplewood in Ramsey County. Look up Ramsey County in Minnesota Statutes section 2.722 and you find it in the Second Judicial District. The Minnesota Department of Health Trauma System Hospitals list names M Health Fairview St. John’s Hospital in Maplewood 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.
Getting Started With Your Claim In Maplewood
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
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.
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.
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.
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).
What are the first steps after an accident?
See a doctor, report the accident to the right party, take photographs, and write down the details soon after. Then keep every bill and record together.
Injury Attorney Pages For Other Minnesota Communities
If your injury happened outside Maplewood, one of these pages may fit better.
