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Your Robbinsdale Personal Injury Attorney
If you are reading this after an accident in Robbinsdale, 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.
A quick note on what this page is: general information about Minnesota injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
Before You Hire: Questions For A Robbinsdale Attorney
Bring these to your first call, whoever it is with:
- 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).
- 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
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
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 Robbinsdale? Get matched with an attorney now.
If You Were Partly At Fault
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
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).
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).
What Auto Policies Must Cover
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.
Medical Care and the Courthouse for Robbinsdale
According to Minnesota Statutes section 2.722, the Fourth Judicial District includes Hennepin County. According to the Minnesota Department of Health Trauma System Hospitals list, North Memorial Health Hospital is a Level I trauma hospital in Robbinsdale. For Census purposes Robbinsdale is part of Hennepin County.
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.
Reaching Out For Help In Robbinsdale
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.
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
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.
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 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.
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.
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).
When will I know what my claim is worth?
It depends on how long you need treatment and how the insurer responds. Settlement usually comes after your condition is clear, and a lawsuit adds time.
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.
Does Minnesota bar me from recovering if I share the blame?
Not unless your fault was greater than that of the person you sue. Below that point you can recover, with damages diminished in proportion to your fault (Minn. Stat. 604.01).
Injury Attorney Pages For Other Minnesota Communities
The same matching service covers more of Minnesota. Pick the community closest to where it happened.
