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Your New Brighton Personal Injury Attorney
If you are reading this after an accident in New Brighton, you are probably tired, sore and unsure whom to trust. That is normal. A few rules learned early can keep you from making choices that are hard to undo.
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 New Brighton
A short list of questions can sort out who is right for you:
- 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).
- 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.
Common 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
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
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 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). 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.
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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.
The No Fault Threshold And Other Limits
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
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.
What Auto Policies Must Cover
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.
Medical Care and the Courthouse for New Brighton
Minnesota Statutes section 2.722 places Ramsey County in the Second Judicial District. For Census purposes New Brighton is part of Ramsey County. The Minnesota Department of Health Trauma System Hospitals list shows Regions Hospital in St. Paul, Ramsey County, as a Level I trauma hospital. Regions Hospital/Gillette Children’s Specialty Healthcare in Saint Paul, also in Ramsey County, is listed the same way, as a Level I trauma hospital.
Records matter later. Get the complete chart and an itemized bill from each place that treated you, and write down the date of every visit, including any transfer to another facility.
How To Get Matched With An Attorney In New Brighton
Use the form at the top of the page to tell us what happened. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Minnesota. There is no charge to submit it, and submitting it does not hire anyone.
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
Which records matter most after an accident?
Keep your medical records and itemized bills, photographs of the scene and injuries, any police or incident report number, proof of missed pay, repair estimates, and all messages from insurers.
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.
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).
What should I do right after being hurt?
Get medical care, report the incident to the police or the property owner as appropriate, photograph the scene and your injuries, and write down what happened while you remember it.
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.
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).
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