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Your Minnetonka 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 Minnetonka, 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.
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 Minnetonka Attorney
Bring these to your first call, whoever it is with:
- 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).
- 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).
- 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).
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
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
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). 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
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
Claims against a city, county or other municipality have a dollar limit. Under Minn. Stat. 466.04, liability on a claim within the municipal tort claims law may not exceed $500,000 to any claimant, and $1,500,000 for any number of claims from a single occurrence, for claims that arise on or after July 1, 2009. A wrongful death claim has the same $500,000 limit.
Other rules apply to private defendants. Punitive damages require clear and convincing evidence of deliberate disregard for the rights or safety of others (Minn. Stat. 549.20), and after a motor vehicle crash the no fault threshold controls whether pain and suffering damages are available at all (Minn. Stat. 65B.51).
Filing Deadlines For Injury Claims
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
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 Minnetonka
According to Minnesota Statutes section 2.722, the Fourth Judicial District includes Hennepin County. The Census Bureau counts Minnetonka in Hennepin County. According to the Minnesota Department of Health Trauma System Hospitals list, M Health Fairview University of Minnesota Masonic Children’s Hospital in Minneapolis, in Hennepin County, is a Level III trauma hospital. M Health Fairview University of Minnesota Medical Center East Bank in Minneapolis, also in Hennepin County, is listed the same way, 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.
Reaching Out For Help In Minnetonka
Fill in the form at the top of this page. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Minnesota. The form is free to use, and sending it does not mean you have hired anyone.
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
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).
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.
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).
Do I need an attorney who works near Minnetonka?
It helps. An attorney who handles cases near Minnetonka knows the local courts and providers, and the form on this page matches you with one.
What is the Minnesota statute of limitations for an injury claim?
Two time limits appear in the statutes: six years under Minn. Stat. 541.05 for injuries not arising on a contract and not listed elsewhere, and two years under Minn. Stat. 541.07 for assault, battery, false imprisonment or other tort resulting in personal injury. Ask an attorney which fits your claim.
Help Elsewhere in Minnesota
If your injury happened outside Minnetonka, one of these pages may fit better.
