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Your Rosemount Personal Injury Attorney
After an injury, ordinary life gets heavy. There are appointments to keep, bills arriving, and a claim that nobody explained to you. If another person’s carelessness hurt you in Rosemount, it is reasonable to want a clear picture before you decide anything.
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 To Ask A Rosemount Injury 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).
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
- The people. Ask who will be in touch with you and how quickly they return calls.
Common Kinds of Injury Claims
Vehicle crashes
After a crash, see a doctor even if you feel fine, since some injuries show up later. Take photographs of the cars, the road and any injuries, get the other driver’s insurance details, and save every repair estimate.
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
Wet floors, icy steps and broken railings cause injuries that turn on how long the hazard existed and who was responsible for it. Photograph the hazard as soon as you can and report the fall to whoever runs the property.
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). 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
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
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
Minnesota auto policies must carry residual liability limits of not less than $30,000 for bodily injury to one person in an accident, $60,000 for two or more people, and $10,000 for injury to or destruction of the property of others (Minn. Stat. 65B.49). Those are minimums, and a serious injury can cost far more.
Your own policy matters too. Each policy must provide separate uninsured and underinsured motorist coverage, with minimum limits of $25,000 for one person and $50,000 for two or more people in an accident, and every owner must maintain that coverage (Minn. Stat. 65B.49).
Courts and Hospitals in Rosemount
Rosemount lies within Dakota County. Look up Dakota County in Minnesota Statutes section 2.722 and you find it in the First Judicial District. According to the Minnesota Department of Health Trauma System Hospitals list, M Health Fairview Ridges Hospital in Burnsville, in Dakota County, is a Level III trauma hospital.
Whichever provider treated you, request your complete records and an itemized bill, and keep a list of every appointment. If you were transferred to another hospital, ask for the paperwork from both ends of the transfer.
Making Your First Contact In Rosemount
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.
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
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.
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 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.
What is the deadline to sue for an injury in Rosemount?
It depends on the claim. Minnesota allows six years for an injury to the person not arising on a contract and not listed elsewhere (Minn. Stat. 541.05), two years for assault, battery, false imprisonment or other tort resulting in personal injury (Minn. Stat. 541.07), and generally three years after the death for a death action (Minn. Stat. 573.02). Ask an attorney to name the last day for your claim.
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).
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).
If You Were Hurt Somewhere Else In Minnesota
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