Serious Injuries FAQ
July 22, 2024 – Paul W. Schroepfer & Robert A. Correia
Frequently Asked Questions Regarding Serious Injuries in Minnesota
What qualifies as a catastrophic injury in Minnesota?
A catastrophic injury leads to long-term or permanent disability, significantly affecting the victim’s quality of life. This categorization includes spinal cord injuries, traumatic brain injuries, severe burns, and amputations.
How do I know if I have a valid catastrophic injury claim in Minnesota?
If your injury was caused by someone else’s negligence or intentional harm and has significantly impacted your life, you might have a valid claim. Consulting with a personal injury attorney can help determine the viability of your case.
What types of compensation can I seek to recover in a catastrophic injury case in Minnesota?
Victims pursuing a catastrophic injury claim in Minnesota may be entitled to seek medical expenses, lost wages, loss of future earning capacity, pain and suffering, and sometimes punitive damages in cases of egregious conduct.
Can family members seek compensation for their losses in a catastrophic injury case?
Following a catastrophic injury in Minnesota, family members may be eligible to seek compensation for loss of consortium, which covers the loss of love, companionship, comfort, and support the injured person provided before the accident.
How does Minnesota’s no-fault insurance affect my catastrophic injury claim?
Minnesota’s no-fault insurance covers medical expenses and lost earnings regardless of who caused the accident. However, catastrophic injuries often exceed these limits, allowing victims to pursue additional compensation through a personal injury lawsuit.
What does it mean for my claim if I’m partially at fault for the accident causing my catastrophic injury in Minnesota?
Minnesota follows a modified comparative fault rule. If you’re found to be partially at fault, your compensation may be reduced by your percentage of fault, as long as it’s not more than 50%. You would not be able to recover compensation if you are more than 50% at fault.
How long does a catastrophic injury lawsuit take in Minnesota?
The duration of a catastrophic injury case in Minnesota varies depending on the case’s complexity, the parties involved, and whether it goes to trial. It can range from several months to several years.
What challenges might I face in pursuing a catastrophic injury claim in Minnesota?
Challenges in a catastrophic injury claim in Minnesota include proving negligence, dealing with insurance companies, and quantifying non-economic damages. An experienced attorney can effectively navigate these challenges.
Why is hiring an experienced catastrophic injury attorney important?
Catastrophic injury cases are complex and require a deep understanding of the medical and legal issues involved. These injuries also often involve extensive projected future costs and noneconomic losses. An experienced attorney can build a strong case, negotiate with insurers, and seek the maximum appropriate compensation.
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