What Is the Average Settlement for a Dog Bite Lawsuit in Minnesota?

The average settlement for a dog bite lawsuit in Minnesota is difficult to pin down, but you could expect to win a settlement in a range of a few thousand dollars to a six-figure amount. However, the actual amount that you could win after someone else’s dog bites you will depend on the severity of your injuries and on the level at which your life changed after the attack.

Because the individual circumstances in each dog attack lawsuit in Minnesota are different, the potential settlement amounts that victims could win will be different, too. Just because your co-worker won a certain amount after a dog attack, this doesn’t mean you will win that same amount or that that amount represents the average settlement. Trustworthy dog bite attorneys in Minnesota can help you figure out how the circumstances in your case will affect your potential settlement amount.

What Are Some Real-World Financial Awards for Dog Attack Lawsuits?

Although most law firms do not publicize the amounts they win for clients in dog attack awards, Tyroler Leonard Injury Law’s client settlement results include four six-figure amounts for dog attack victims.

  • A man bitten in the leg by a dog won $285,000.
  • A girl bitten on the face and chest by a dog won $200,000.
  • A postal worker knocked down by multiple dogs and suffering a severe wrist injury won $190,000.
  • A girl bitten on the face by a dog, resulting in scarring, won $180,000.
  • A girl bitten on the face by a dog won $100,000.

Some settlements could be more than these amounts because of extremely severe injuries and scarring. Others could be smaller because of less severe injuries. Because of the lack of easily attainable information about dog attack settlements, figuring out the average award amount is almost impossible.

It’s also important to note that not all personal injury settlements involving a dog result in injuries from bites, further complicating the calculation of an average dog bite settlement. If one or more dogs knock you to the ground, you could hit your head, suffer a broken bone, or have torn ligaments. These injuries can greatly affect your quality of life, similarly to a bite. Even if your dog attack injuries do not involve a bite, you have the right to seek a financial award.

What Factors Affect the Average Financial Award for a Minnesota Dog Bite Claim?

When seeking a financial award from the owner of the dog who attacked you, your legal team will seek money in a few different areas, including:

  • Medical bills: The award from the insurance company should reimburse you for all medical costs, including those accumulated to date and an estimate of the costs you’ll have in the future.
  • Missed earnings: If you must miss work as you recover from your injuries, your settlement amount should include reimbursement of the wages you did not earn.
  • Pain and suffering: If your injuries cause pain for you or leave you unable to enjoy your favorite activities, your dog attack attorneys can seek an amount that compensates you for these hardships.
  • Emotional trauma: Dog attacks often are extremely emotional and scary for the victims. If you now have a fear of dogs, worry about walking in areas where dogs may be present, or feel anxious whenever you hear dogs barking in your neighborhood, your dog bite lawyers can seek an award amount for you that takes your trauma into account.

The Severity of Your Hardships Determines the Maximum Amount You Could Win

All of these areas combined lead to the total award amount that you could receive. If you must miss several weeks or months of work while recovering from your injuries, your potential award will be greater than that of someone who only misses a few days of work. If you will have pain that never alleviates because of the canine attack, you’ll potentially be in line to win a far larger pain and suffering award than someone who recovers fully within a week or two.

Because of these differences, it’s impossible for ethical dog attack attorneys in Minnesota to tell you whether you’ll receive a larger-than-average dog bite settlement award without taking time to investigate your case and to speak with your doctors about your injuries.

You May Be Able to Receive an Award for Injuries for Your Dog, Too

If the dog who attacked you also attacked your dog, causing injuries that required the care of a veterinarian, you may be able to win reimbursement of the costs of this care as part of your financial award. Should your dog suffer fatal injuries in the attack that also injured you, your dog bite law firm in Minnesota may be able to seek a greater amount in your pain and suffering settlement for the emotional trauma you are having.

Don’t Wait to Begin Seeking a Maximum Settlement for Your Dog Attack Claim in Minnesota

In the state of Minnesota, statute 541.05 limits the amount of time you have to seek a financial award for your injuries, setting a deadline of six years from the date of the dog attack. Although this seems like a long time, the Minnesota statute of limitations for a dog bite lawsuit can sneak up on you faster than you may think. That’s why Tyroler Leonard Injury Law always recommends reaching out to our team as early as possible for help with your case, even if you are unsure whether you want to file a claim. During a free consultation, we can lay out your options and help you decide what to do.

Let Tyroler Leonard Injury Law Help You Understand What the Average Settlement for a Dog Bite Lawsuit in Minnesota Actually Means

Minneapolis and St. Paul dog bite lawyers who immediately promise that they can help you win a larger-than-average settlement in a dog bite claim in Minnesota are not being truthful with you. The truth is that dog attack attorneys will need to investigate the case and learn more about the level of injuries you have before they can give you a range of financial estimates regarding the claim you could win. They should never guarantee they’ll win your dog bite lawsuit, either, as such guarantees are unethical.

You can trust that Tyroler Leonard Injury Law would never behave unethically when it comes to representing you or handling your case. We never cut corners, always taking whatever time is necessary to build the strongest case for you. We will be honest with you about the strength of your case, about how we believe we can help, and about whether we are the best team to represent you.

Let us show you what our St. Paul personal injury lawyers can do for you after you suffered injuries in a dog attack. Call 651-259-1113 today for a free case review.

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5 Ways Attorneys Can Help After a Car Accident

A car accident may leave you with a serious injury.  You may initially believe you are solely responsible for your injury-related costs. Thankfully, car accident lawyers are available. They can help you file a claim for compensation to cover your injury expenses and other accident-related losses.

Tyroler Leonard Injury Law is a top choice for those who need legal help after an auto accident. Our car accident lawyers in Minnesota and Wisconsin are available to review your case and go over your legal options with you. To learn more, reach out to us.

Why Choose Us

We have plenty of experience with car accident cases. Our attorneys learn about you and your accident. We discuss your legal options with you and answer any questions you have. If you decide to file a claim, we help you every step of the way. Plus, we advocate for you, protect your legal rights, and help you get the most compensation possible from any at-fault parties.

How We Can Help

When you choose our auto accident law firm, we help you prepare an argument that resonates with a judge or jury. Before we take your case, though, we will explain what happens after you hire us. If you decide to move forward, we represent your best interests. Our lawyers help you gather evidence and work with the at-fault party and their insurance company to reach a settlement. If no settlement agreement is reached, we represent you in court. At this point, we explain why you deserve damages and dispute any claims from the defendant. If we succeed, you may get 100% of the damages you initially requested.

How Attorneys Can Help Car Accident Victims

If you believe you are capable of representing yourself in a car accident case, think again. Ultimately, attorneys offer knowledge, experience, legal support and guidance to auto crash victims. Here are five ways lawyers may help you following your car collision:

1. Communicating with an Insurance Company

It is mandatory for drivers to carry auto insurance in Minnesota and Wisconsin. If you get into an auto crash in Minnesota, you may be protected under no-fault insurance coverage. With this protection, your insurance policy may cover your accident-related losses. This applies even if you are not responsible for your crash.

In Wisconsin, the at-fault driver’s insurance may have to pay for your crash-related losses. This is due to the fact that Wisconsin is classified as a “fault” state for car insurance.

When you request compensation for an auto accident through an insurance company, problems may come up. For example, if you are involved in a car crash in Wisconsin, the at-fault driver’s insurance company may dispute your claim. The insurer may make it tough to get compensation for your losses, to the point where you are tempted to give up on your case altogether.

Lawyers know how to handle communications with insurance companies. They are focused on the best interests of their clients. As such, attorneys may help you work with an insurer to get the compensation you want following your auto collision.

2. Filing Your Claim

In Minnesota, there is a six-year statute of limitations for personal injury claims. If you were injured in an auto crash, you may have up to six years from the date of your accident to seek damages from any at-fault parties. Otherwise, if you do not file a claim within this window, you may be solely responsible for your collision-related losses.

You may not have to file an injury lawsuit after an auto accident in Minnesota. If your car insurance policy covers the full cost of your losses, you may be able to get the compensation you need. However, there are times when the damages suffered exceed those your auto insurer will cover. At these times, you may have to submit an injury claim against an at-fault party.

There are also instances where an at-fault driver may not have insurance or lacks sufficient coverage, which may affect your ability to get damages from them. As an example, you may get into an accident with an uninsured or underinsured motorist in Wisconsin. To request damages from this driver, you may have to file a personal injury lawsuit against them.

In Wisconsin, you have a maximum of three years to pursue damages in an injury claim, per Wisconsin Statutes § 893.54. If three years from the date of your auto crash passes and you have not filed a claim within this time frame, you may no longer be eligible to pursue damages from an at-fault party.

Lawyers understand the statute of limitations relating to injury cases. They will help you file your claim for damages in accordance with this period. Along with this, they will work with you to calculate your losses and determine how much you should ask for in damages.

3. Gathering and Evaluating Evidence

Figuring out liability in a multi-car collision or any other type of auto crash may be difficult. The evidence you provide to support your case may help you show an at-fault party should be liable. On top of that, how you present your proof may go a long way toward helping you get the damages you want.

Attorneys will work with you to help you collect and assess a wide range of evidence relating to your auto crash, including:

  • Accident scene photos and videos
  • Medical records
  • Pay stubs
  • Police reports
  • Witness statements.

Evidence may help you prove negligence, resulting in damages. To show an at-fault party was negligent, you must be able verify they had a legal obligation to act in a cautious and reasonable manner. In addition, you must prove this party breached their duty of care toward you and caused your car accident. You must also confirm the party’s actions have forced you to incur quantifiable or subjective losses.

With a wealth of evidence at your disposal, attorneys can help you show all of the elements of negligence were present at the time of your auto collision. Thus, lawyers may be able to show a judge or jury the defendant was negligent, allowing you to get the damages you want and need.

4. Negotiating a Settlement

Just because you ask for compensation, this does not mean you will have to bring your case to trial. In many instances, the plaintiff and defendant in a car accident case may be able to negotiate a settlement.

A settlement may prove to be a viable option in your auto crash case. It would likely provide you with compensation sooner than you would get it if you go to trial. Also, the damages you receive may provide you with enough money to cover most or all of your accident-related losses.

Attorneys understand what it takes to help their clients get fair settlements. They will handle settlement negotiations on your behalf. If the defendant in your case proposes a settlement, your attorney will let you know. You then have the opportunity to accept, reject, or counter a settlement offer.

Even though lawyers may negotiate your settlement, you have the final say on what to do with it. Attorneys will be able to give you insights into a settlement offer and let you know what may occur based on the decision you make. If lawyers believe a settlement offer is far less than what you may get if you bring your case to trial, they will tell you. Regardless, if you believe a settlement proposal lines up with your best interests, you may accept the offer.

5. Representing You in Court

Going to court to explain to a judge or jury why you deserve damages after a car accident may be daunting. If you make a mistake, you may compromise your ability to secure compensation.

Minnesota has a comparative fault statute in effect. Based on this statute, if you are found to be anywhere from 1% to 50% responsible for your auto accident, the damages you receive may be reduced by your percentage of fault. If you are determined to be primarily responsible for your collision, you may not be awarded any damages at all.

For instance, a judge or jury may find you are 20% responsible for your auto collision. They may then award you 80% of the compensation you originally requested. On the other hand, if you are found to be 51% at fault for your car crash, you may be ineligible for compensation.

Wisconsin has a contributory negligence statute that works similarly. Basically, if you are in any way responsible for your auto collision, you may not be able to receive the full damages you want.

Lawyers are familiar with fault and negligence statutes. They focus on crafting an argument to show the defendant in your case is completely responsible for your auto crash. If they are successful, they will help you make it clear to a judge or jury that you deserve all of the damages you are requesting.

Get Started with Your Car Accident Case

The car accident attorneys at Tyroler Leonard Injury Law offer exceptional legal representation. If you want legal help with your auto accident claim, we are here to assist you in any way we can. Our lawyers are available 24/7. To schedule a free, no-obligation case evaluation, contact us online or call us at 651-259-1113.

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Common Causes of Fatal Car Accidents

Fatal car accidents in Minnesota cut short the lives of too many individuals, leaving a tsunami of grief, loss, and financial hardship in their wake. Even more troubling to the families who will never see their loved ones again is that many of these accidents are preventable. Unfortunately, the same holds true for Wisconsin. These states share a commonality in these tragic events.

Families impacted by wrongful death resulting from fatal car accidents have fearless advocates in the Minnesota wrongful death attorneys at Tyroler Leonard Injury Law. Care and compassion are never more critical in a time of loss. We work to right the wrongs resulting from negligence and focus on personal injury and wrongful death to assist when families need it most. Tyroler Leonard Injury Law, Minnesota personal injury lawyers, provides the guidance and tools you need to navigate the legal system during one of the most uncertain times in life.

How Minnesota Wrongful Death Attorneys Can Help You

Wrongful death is described as a death attributed to an omission or unfair act by a person or corporation where the deceased, had they survived, could have filed a personal injury lawsuit. Proving your loved one’s injuries is our focus. Our wrongful death lawyers in Minnesota will:

  • Thoroughly research and document the cause of a fatal car accident
  • Prove negligence resulted in the death of your loved one
  • Serve as a mediator between your family and the insurance company
  • Pursue all the damages your loved one experienced, including pain and suffering
  • Work to reach a fair settlement with the insurance company
  • Fight for fair compensation and your future in court.

Recent Minnesota survivorship laws now allow families to seek total damages for the loss of a loved one, which includes the pain and suffering, distress, and other tragic non-economic damages your loved one experienced. Tyroler Leonard Injury Law also assists Wisconsin families in filing survival actions (§895.01).

Why Choose Our Team

When you must trust the skills of Minnesota personal injury lawyers to guide you through the legal process, look for a team that is a part of the community. Tyroler Leonard Injury Law believes in giving back to the community surrounding them. Here’s what you’ll find when you work with our outstanding team of Minnesota personal injury attorneys:

  • Open and honest communication from the start
  • One-on-one contact allowing us to learn all we can about the impact of your loss
  • A multilingual staff striving to support the needs of every client
  • A team informed about the community, as well as local and state government
  • A proven record of results, fighting for Minnesota and Wisconsin personal injury victims.

Fatal car accidents leave the people we serve in a state of constant searching, trying to find the answers for how to live without the people they love. We see you as more than a client. We see your hurt, pain, and anger. We translate your loss into legal terms to quantify the depth of your loss, giving you time to heal while we fight for your compensation.

Many Minnesota Fatal Accidents are Preventable

Minnesota’s annual fatal accident statistics demonstrate that more than three-quarters of the wrongful death accidents in the state may likely have been preventable. Unnecessary human error continues to impact drivers on the highway and change the course of many lives. Here is Minnesota’s fatal annual accident statistics reported by the Minnesota Department of Public Safety:

  • 444 roadway fatalities occurred in one year
  • 130 deaths were speed-related
  • 86 fatalities resulted from a drinking and driving incident
  • 22 deaths were caused by driver distraction.

Wisconsin Experiences Similar Fatal Accident Statistics

Minnesota is not the only state that suffers from preventable fatal car accidents. Since 2018, Wisconsin’s highway death toll has continued to climb, mirroring similar statistics to that of Minnesota, according to the State of Wisconsin’s Department of Transportation’s final year-end crash statistics:

  • 595 annual highway fatalities occurred
  • 403 fatal accidents involved drugs, alcohol, or impairment
  • 162 of these deadly accidents involved speed.

Reports demonstrate that many of these fatal driving behaviors overlap, compounding driver actions that often result in fatalities.

Speeding

Across the U.S., speeding was a factor in 29% of annual fatal car accidents, leading to the deaths of 12,330 people. The number of accidents resulting from speeding equaled 11,057. Speeding is a multi-layered cause of fatal car accidents resulting in:

  • A reduction in the driver’s response time to dangerous situations on the road
  • An increased distance to stop a car
  • A reduction in the protection provided by highway safety features, such as highway dividers, guardrails, concrete barriers, and other safety structures.

Driving Too Fast for Conditions

Not only is speeding a cause of fatal car accidents, but driving too fast for conditions is cited in the report above as a factor of fatal crashes. Even driving the speed limit may cause significant danger under deteriorated conditions. According to the report, the percentage of a deadly accident increases as road conditions decrease:

  • Dry roads: 18%
  • Wet roads: 22%
  • Slush or snow: 32%
  • Ice or frost: 33%
  • Moving or standing water: 38%
  • Dirt, gravel, or mud: 43%

In Minnesota, speed is a leading cause of fatal car accidents, putting everyone using highways at risk of a fatal car accident.

Impaired Driving

Even with a decrease in impaired driving in Minnesota since 2011, fatal accidents due to impairment continue to impact the lives of Minnesotans. DWI arrests dropped by 23% in ten years. Fatalities related to drinking and driving have fallen by over 40%. Still, people in Minnesota continue to needlessly die from 100% preventable causes of fatal car accidents.

The state of Wisconsin is significantly impacted by individuals choosing to operate a vehicle while intoxicated (OWI). Recent annual convictions of OWI reached almost 23,000. Every two hours in Wisconsin, someone is injured or killed in an OWI driving accident. As noted above, over 400 fatal accidents in Wisconsin resulted from some form of impaired driving.

Distracted Driving

Eight percent of all annual fatal accidents in the U.S. were the result of distracted driving. Fatal yearly accidents attributed to distracted driving reach 3,522 deaths. According to the Traffic Safety Marketing Campaign, distracted driving accidents have an annual economic impact of $98 billion. Cell phones, texting, scrolling, or any other interaction with a phone are still significant causes of accidents. Other distractions that lead to Minnesota fatal car accidents include:

  • Conversations with passengers
  • Talking on a cell phone
  • Eating and driving
  • Using GPS or navigation systems
  • Distractions outside of the car
  • Poor concentration and lack of focus.

Cell phone records, camera footage, and passenger and witness statements may be used to prove these potentially fatal actions.

Vehicle Malfunctions

While driver negligence is a significant contributing factor to highway accidents, malfunctions resulting from defective vehicles and parts may result in the fatal loss of a loved one. Businesses and manufacturers owe a duty of care to individuals who buy and use their products. Defective parts can impact:

  • Tires
  • Braking systems
  • Steering components
  • Hauling features
  • Lighting and other safety features
  • Suspension.

When wrongful death results from a manufacturing or design error, our defective product lawyers can help. Cases involving defective products and the laws that govern them are complex. Car malfunctions may also be the result of a mechanic’s negligence. Investigating the cause of a fatal accident caused by defective parts or a mechanic’s negligence is a task we take seriously at Tyroler Leonard Injury Law.

Dangerous Road Conditions

Weather events can significantly impact a driver’s ability to operate a vehicle safely. However, other factors contribute to the safety of the roadways. Local and state governmental agencies are responsible for the management of roads to provide infrastructure that meets the needs of commuters. Additionally, construction can lead to confusion on the highway when proper signage and speed limits are absent. Other factors that contribute to dangerous road conditions include:

  • Uneven pavement or asphalt
  • Potholes
  • Unfinished surfaces
  • Cluttered signs or visual barriers.

In many cases, the condition of Minnesota’s roads is not as dangerous as the activities that may occur on these roads. Speed and alcohol-related crashes increase on rural highways in Minnesota. Also contributing to these accidents are poor lighting, an increased risk of crashes with wildlife, and fatigue that accompanies long distances.

Steps to Take Following a Minnesota or Wisconsin Fatal Accident

Confusion and a complete sense of loss are common feelings following a fatal accident resulting in the death of a loved one. You need time to process what has happened without worrying about taking legal action. Contact Tyroler Leonard Injury Law, and let us take the vital steps to protect your financial future. Minnesota’s personal injury statute of limitations impacts your ability to pursue compensation.

We understand the tremendous impact of loss due to wrongful death and its ability to transform the financial trajectory of life unless legal action is taken. Schedule a no-obligation free case evaluation online or call (651) 259-1113. Our team is here for you when you need us most.

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Do I Need a Lawyer for a Car Accident Settlement?

Car accident cases rarely make it to court. Instead, they are typically settled through negotiations. This fact makes many wonder, “Do I need a lawyer for a car accident settlement in Minnesota?” The answer is yes. Although a trial is not necessary when parties settle, injury victims still need experienced counsel to represent them against penny-pinching insurance companies that reap fantastic profits but fight hard to pay less for claims.

Mistakes People Make Without a Car Accident Lawyer

Many car accident cases seem to be straightforward incidents that need very little time to resolve with insurance. However, the truth is that car accident cases, although often straightforward, lead to an adversarial process where the victim seeks recompense from another party for their injuries.

Insurance companies vigorously defend against claims and lawsuits to reduce the amount of money they owe. Victims must fight against these efforts at skirting payment or receive little to no compensation for their losses. Sadly, those victims who seek to do so without an attorney typically make mistakes, many of which negatively impact the compensation payouts they receive.

Contact Tyroler Leonard Injury Law at 651-259-1113 for a free consultation with a car accident lawyer today!

Believing the Insurance Company Is on Their Side

One of the first errors injury victims without lawyers make is believing the insurance company is an ally in the compensation process. However, the exact opposite is true. As for-profit businesses, insurance companies seek to preserve and augment their bottom lines. These efforts are hampered by victims’ claims for compensation.

In other words, insurance company adjusters are beholden to their employers and do whatever is necessary to benefit the financial interests of the company. To them, injury victims should get as little as possible. Sadly, when victims believe insurance companies are on their side, they end up with far less compensation than they deserve or even nothing at all.

Recording a Statement for the Insurance Company

Often, an insurance company adjuster will attempt to get a recorded statement from the victim of an accident. One of the biggest mistakes a claimant can make is providing the company with this statement. Yet, claimants without lawyers regularly do so and end up hurting their cases. Either they believe they must provide the statement or they think that the adjuster is trying to help them.

Sadly, neither is true. The only professional looking out for injury victims during the compensation process is the personal injury attorney, and an attorney would never let their client hand over a recorded statement to an insurance company adjuster.

With a recorded statement, an adjuster can build a formidable defense against the victim’s claims and even get the claim reduced to zero. Words uttered by the victim can be stretched or twisted or may simply be inaccurate or incomplete. When they are, the victim’s case is in danger.

Settling for Substandard Compensation

Car accident victims in Minnesota may be entitled to significant compensation after a car crash. Without an attorney, they often leave much compensation on the table and walk away with less.

Minnesota is a no-fault insurance state, which means an accident victim’s insurance company is the first line of compensation after a wreck. However, no-fault insurance does not provide complete compensation for a victim’s losses. Only limited economic damages are covered by no-fault insurance, such as:

  • Reasonable medical costs
  • A portion of lost wages
  • A portion of the expenses associated with the injury.

Personal injury protection (PIP) insurance companies work diligently to minimize claim payouts. They play on victims’ immediate need for resources and push claimants to accept quick but low-ball payouts. They dispute the value of claims and challenge the seriousness of injuries. Without an attorney to field these attacks, a car accident victim will get less than they deserve.

Seeking Too Much Compensation

Car accident attorneys fight hard to recover maximum compensation for their car accident clients. But they don’t let themselves be guided by greed. Their experience guides their efforts and helps them determine just how much money they should be pursuing.

Car accident victims without lawyers, on the other hand, may not have a good frame of reference for how much money their case is worth. Without the guidance of an experienced car accident lawyer, a victim may end up losing dearly in court, mediation, or arbitration instead of settling.

Leaving Compensation on the Table

Car accident victims are entitled to compensation from their PIP insurance and potentially other sources, such as negligent driver’s liability insurance. Many drivers are aware of this but are not aware of the various forms of compensation they may pursue.

For example, a claimant who is seeking damages above and beyond their PIP coverage may not be aware of the various forms of non-economic damages available, including:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium.

When pursuing damages caused by a car accident, it is ultimately up to the claimant to claim each specific compensable damage. Sadly, many car accident injury claimants without lawyers are unaware of what they are entitled to and end up leaving substantial compensation unclaimed.

The insurance company handling the case will never voluntarily offer to pay damages not listed by the claimant. It is the responsibility of the injury victim to list the damages they are seeking. With an attorney representing them, victims can rest assured that every form of compensation will be explored and pursued.

Legal and Procedural Mistakes

The compensation process for car accident injuries is controlled and regulated by a variety of rules and laws. Claimants must make sure to abide by all of the procedural and timing requirements involved with compensation claims or potentially lose out on damages.

Some of the errors claimants without lawyers often commit include:

  • Missing filing deadlines, such as insurance reporting deadlines and the statute of limitations
  • Filing wrong forms
  • Providing incomplete or erroneous information on filings
  • Making insurance filing mistakes
  • Making jurisdictional mistakes
  • Making claims against the wrong parties
  • Showing deficiencies in wording on legal, insurance, and financial documents and forms.

Unfortunately, legal and procedural mistakes committed during the compensation process cause some victims without lawyers to forfeit compensation. For example, Minnesota car accident claims are governed by a statute of limitations of six years (three years in Wisconsin). Some car accident victims wait until after the deadline to pursue compensation, resulting in the loss of their valid claim.

Claimants with experienced car accident lawyers to represent them never have to worry about the legal and procedural rules and laws controlling their cases. Their attorneys handle everything and work hard to keep their cases in compliance.

Tyroler Leonard Accident Injury Law: Personal injury lawyers ready to recover the compensation you need and deserve.

How a Minnesota Car Accident Lawyer Can Help

Besides keeping you from making mistakes, a car accident lawyer will take care of all the essential tasks in your case, including:

  • Locating and interviewing witnesses
  • Investigating the accident and gathering evidence
  • Reviewing the police accident report
  • Gathering traffic and surveillance cam footage
  • Consulting with accident, medical, and financial experts.

Additionally, hiring a car accident lawyer to represent you in your compensation claim will give you peace of mind as well as time to focus on your injuries and recovery. The last thing injury victims need is the stress of fighting for compensation. That is what lawyers are for.

Finally and most importantly, your car accident lawyer will likely recover far more compensation for your injuries than you can alone. Studies consistently show that represented claimants get compensated at much higher rates than victims without car accident attorneys.

Let Tyroler Leonard Injury Law Protect Your Interests!

If you have been injured by someone else, you may be entitled to a settlement that can potentially cover most if not all of your losses. Tyroler Leonard Injury Law cares deeply for those who have been harmed and fights hard to hold insurance companies and negligent drivers liable for what they owe. Call 651-259-1113 for a free consultation today.

The post Do I Need a Lawyer for a Car Accident Settlement? appeared first on Tyroler Leonard Injury Law.

How Do Lawyers Calculate Pain and Suffering?

The term “pain and suffering” often refers to non-economic damages that typically result after a serious injury. These damages are payable to injury victims in compensation claims and lawsuits, but calculating them can be a challenge in some cases because they have no intrinsic monetary value. So how do lawyers calculate pain and suffering? Two methods are discussed in this piece.

What Counts as Pain and Suffering?

Pain and suffering damages in personal injury cases include a variety of intangible losses that result from personal injury matters. They are consequences that affect the emotions and minds of injury victims and their family members.

Common forms of pain and suffering damages, also known as non-economic damages, include:

  • Physical and emotional pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium.

The existence of pain and suffering damages is proof that the law considers emotional and mental injuries and impacts to be real and compensable. The problem, however, lies in the fact that damages within this category simply have no price tag like economic damages do.

Another important point is that pain and suffering damages are not typically awarded without an accompanying injury. Put another way, you can’t experience pain and suffering without being injured.

Tyroler Leonard Injury Law is ready to help ensure that you receive the damages you deserve. Contact our office for a free consultation with our team. Call 651-259-1113 today!

Methods for Determining Pain and Suffering

In the absence of built-in price tags and intrinsic monetary value, attorneys use formulas to calculate proper damages amounts. The two most commonly used methods are the multiplier method and the per-diem method.

Multiplier Method

The multiplier method takes the total dollar amount of an injury victim’s economic damages and multiplies that number by a number between 1.5 and 5. The more serious the injury, the higher the multiplier.

Economic damages compensate injury victims for their pecuniary losses related to their injuries, such as:

  • Medical treatment expenses and fees
  • Medical device and equipment costs
  • Prescription medication costs
  • Lost work opportunities and lost income
  • Travel, home help, and other injury-related expenses.

Injury victims need an experienced attorney who will fight hard to get every penny of economic damages included in their client’s compensation payout. The higher the economic damages, the higher the pain and suffering or non-economic damages.

As an example of the multiplier method in action, take a slip and fall accident victim who experiences serious, painful neck and back injuries leading to disability and a year out of work. This injury victim will receive far more economic damages related to medical treatment than a victim who breaks their arm in an identical accident.

The more seriously injured victim would have higher medical bills and a higher multiplier. Whereas the person with the broken arm may get a multiplier of 2 or 3, the victim with the neck and back injury would get a multiplier of at least 4.

Per Diem Method

The per diem method of calculating pain and suffering damages is less common than the multiplier method. Using this approach, attorneys calculate in dollars how much pain and suffering the victim experiences each day. They then determine how many days it will take for the victim to reach their maximum recovery point and multiply this sum by the per diem figure.

For example, an accident victim’s attorney might seek a $200 per diem for their client, who needs 400 days to recover. Based on these numbers, the attorney would be seeking: $200 x 400 days = $80,000.

Your losses matter to Tyroler Leonard Injury Law. We will fight hard to recover the funds you deserve.

Factors Affecting Pain and Suffering Compensation Totals

Regardless of which method is used, the ultimate compensation total is heavily influenced by a number of factors. As mentioned, the seriousness of one’s injuries is almost determinative of what an accident victim will receive. However, other factors also come into play.

Financial Impact on Victim

Injury victims have all manner of different backgrounds and differing levels of employment and wealth. The more an injury interferes with an individual’s income, the more lost income they can demand.

For example, a person who makes $40,000 per year can pursue $40,000 in lost income (or more, with benefits) if their injuries lead to a year out of work. An injury victim with the exact same injuries but a $100,000 per year salary will be able to claim more than double the previous example in lost wages.

Ultimately, the higher lost-wage compensation will affect the total amount of pain and suffering damages. This example shows how injury victims with the exact same injuries can receive substantially different compensation totals.

Insurance Policy Limits

Auto, home, and other types of insurance policies have limits. If a victim’s damages exceed the limits of all applicable policies (personal injury protection [PIP], liability, underinsured/uninsured motorist), the victim may have to seek the remaining unpaid damages directly from the party who injured them. There may also be other insurance coverage available.

Regarding the latter, a defendant might have an umbrella policy that triggers coverage when all other forms of insurance have been exhausted. The defendant might also be an employee who was on the clock at the time of the injury. If so, their employer could be held liable, which would provide access to the employer’s insurance policy.

If no other insurance exists, suing the defendant is usually the only remaining option. Depending on how much compensation remains to be paid, this course of action could be a viable or potentially terrible option.

Skill and Experience of Victim’s Attorney

In every case involving pain and suffering damages, the skill and experience of the victim’s injury attorney factor heavily in the final payout total. Seasoned personal injury attorneys work meticulously to properly calculate and recover every compensable dollar for their clients.

When you hire a Minnesota personal injury attorney to represent you, they immediately focus all of their efforts on one objective: identifying and recovering all forms of compensation for you. Accomplishing this requires:

  • Diligent investigative efforts
  • Learned and in-depth analysis of the evidence
  • Consultations with relevant experts
  • Compliance with legal procedures
  • Effective and aggressive negotiation tactics.

When your multiplier should be a 4 or a 5, your attorney will not settle for the 1.5 or 2 proposed by the insurance company. When you need compensation for six months or a year out of work, your lawyer will reject the two months offered by the adjuster.

Don’t hesitate to contact an attorney after your injury. There is a statute of limitations of six years in Minnesota and three years in Wisconsin. These allotments may seem like plenty of time. However, evidence to prove personal injury cases becomes more problematic as time passes after an injury.

Get the Compensation You Deserve

If you have been in a personal injury accident in Minnesota, you deserve to be represented by a firm that knows how to recover the money you need. Tyroler Leonard Injury Law has the experience and know-how to ensure that you receive proper compensation for your pain and suffering and any other losses you have suffered.

Call 651-259-1113 for a free consultation today and learn how Tyroler Leonard Injury Law can help.

The post How Do Lawyers Calculate Pain and Suffering? appeared first on Tyroler Leonard Injury Law.

How Long Does It Take to Settle a Car Accident Case?

If you’ve been injured in a car accident, you know that the accident itself is just the beginning of a challenging time. You may be facing severe pain. Your medical bills may be piling up — and you’re worrying about whether you can ever pay them off. If you’re unable to work, even handling day-to-day expenses might be difficult. You might have already filed a claim, and your settlement can’t come soon enough. So how long does it take to settle a car accident case?

Unfortunately, there is no simple, one-size-fits-all answer to that question. Here’s a look at some of the factors that might influence how quickly your car accident case is settled.

Have you been injured in a car accident? Call Tyroler Leonard Injury Law at 651-259-1113 today.

What Factors Affect the Timeline of Your Case?

Most of the time, car accident cases are settled out of court. When a case is “settled,” it means your legal team and the legal team representing the at-fault party agree on an amount, and the at-fault party’s insurance company pays you this amount. Taking a personal injury case all the way to the courtroom is an expensive, drawn-out process.

Unfortunately, although settling a car accident case is faster than going to court, it usually isn’t a quick process. These are some of the primary factors influencing the speed of your case:

How Severe Your Injuries Are

You probably already know that the severity of your injuries can be a deciding factor in whether car accident lawyers are willing to take your case. For example, if your car gets hit by another driver but you have no injuries, or very mild injuries, attorneys aren’t likely to take your case — the amount of damages they could recover is too small.

However, the severity of injuries matters for another reason, too. In almost every case, your attorneys won’t finalize a settlement until your condition stabilizes. That’s because a fair settlement needs to account for all of your present and future medical expenses.

Here’s an example. Imagine you’ve been injured in a car accident. You need a surgery that costs $10,000. However, while you’re in the hospital, you develop an infection that requires another $5,000 to treat. If your attorneys had negotiated a settlement too early, the amount you received might not have been enough to compensate you for treating the infection, too. When you and your legal team accept a settlement, you agree not to pursue further legal action, so in the above example, you couldn’t file an additional claim for the $5,000.

Severe injuries take longer to stabilize, so if you’ve been injured badly, the time it takes to settle your car accident case may be several months (or even longer).

Who Is Liable for the Accident

Before you can file a claim against the other person’s insurance company, you must make sure that the other person is legally liable under Minnesota law. This is a process that can be more complicated than it seems.

That’s because Minnesota uses something called the modified comparative negligence doctrine. So does Wisconsin. This means that in some situations, you can recover damages even if you were partially at fault for the accident. Here’s a quick summary of how the rule works:

  • If the court determines you were 51% at fault (or more), you may not recover damages.
  • If the court determines you were 50% at fault (or less), you may recover damages.
  • If you were partially at fault, the court will proportionally reduce your compensation.

For example, say you’re in an accident. The other driver was drunk, but their lawyers argue you were partially responsible because you were speeding. The court determines that you were 10% at fault. If you were awarded $100,000 in damages, because you were 10% at fault, the court would reduce the amount by 10%, so you would receive $90,000.

If you don’t have a legal background, it can be difficult to determine whether you were partially at fault or not. Car accident lawyers deal with these cases every day, so your lawyers can review your case and give you an idea of your percentage of fault.

Your car accident lawyers will need to gather documentation to prove that the other party was more at fault. If your case is legally murky, this might take significantly longer.

Even if you are partially at fault for your accident, you still may be able to recover compensation.

Whether the Person at Fault Was Negligent

Car accident lawyers need to take the time to prove that another person was at fault. They also must gather evidence that shows the at-fault person was negligent.

That can be more challenging than it sounds. To prove negligence, your legal team must prove the following:

  • The other person had a “duty of care” — an obligation to protect the safety of other drivers.
  • The other person breached that duty (in a car accident case, this usually involves texting while driving, driving when drunk, etc.).
  • When the other person breached that duty, it was their specific action that caused your injury.
  • The other person should have known that their actions would injure someone.
  • You (or your property) were harmed badly enough that you can legally recover damages.

Don’t worry about determining negligence yourself. If lawyers take your case, they will be able to analyze the facts and see whether you’re likely to win. Your responsibility is to give your attorneys as much information as you can. That might include police reports, medical bills, contact information for witnesses, and other details. It can take a long time to settle a car accident claim, but the sooner your lawyers have all the information they need, the sooner they can get to work on your case.

If You’ve Been Injured, Our Car Accident Lawyers Can Help

At Tyroler Leonard Injury Law, we’re proud to be able to help Minnesota residents who are experiencing some of the most difficult times of their lives. We have collected millions for injured people like you, and our attorneys are prepared to be your fierce advocates in the courtroom and beyond.

We understand that even navigating daily life can be challenging when you’ve been badly hurt in a car accident. But if you can take the first step to get in touch, our attorneys can guide you the rest of the way.

Contact Tyroler Leonard Injury Law online or give us a call today at 651-259-1113.

The post How Long Does It Take to Settle a Car Accident Case? appeared first on Tyroler Leonard Injury Law.

Is Minnesota a No-Fault State for Car Accidents?

In most states, if you are injured in a car accident, you file a claim against the other driver’s insurance policy. However, a few states have what’s called “no-fault” insurance coverage. Is Minnesota a no-fault state for car accidents?

The answer is yes. If you’ve been injured by a negligent driver, that may sound disappointing. As anyone would, you probably want to hold the driver accountable for their actions. But there are many misconceptions about no-fault insurance — and one of them is that you cannot file a claim against the other driver at all. Here’s what you need to know about no-fault insurance in Minnesota and how it may impact you.

What Does “No-Fault” Mean?

In a no-fault state like Minnesota, the law requires you to carry what’s called personal injury protection (PIP) insurance. If you’re injured in a car accident — even if the other driver was legally at fault — you first must file a claim with your PIP insurance provider.

However, PIP doesn’t cover all expenses related to a car accident. It usually extends to the following:

  • Medical costs
  • Services like housekeeping
  • Lost income (up to 85% of your gross pay or $500 per week)
  • Childcare
  • Funeral costs (up to $5,000).

In Minnesota, drivers must carry a PIP policy with a minimum of $40,000 of coverage. That coverage is divided into two sections: $20,000 to cover medical expenses and $20,000 to cover non-medical expenses.

If you’ve recently been in a car accident, you know that the total damages you suffer can easily go beyond what PIP will cover. PIP insurance also doesn’t cover property damage or compensation for pain and suffering.

This is where no-fault insurance gets a little more complicated. Being in a no-fault state doesn’t mean that you can’t file a claim against an at-fault driver — it just means that you must go through your own PIP insurance first. Under Minnesota law, if another person is at fault for your accident, they are responsible for costs beyond the ones PIP covers.

Being in a no-fault state doesn’t mean you can’t file a claim against an at-fault driver.

How Car Accident Claims Work in Minnesota

Thanks to Minnesota’s status as a no-fault state and its modified comparative negligence rule, pursuing a personal injury claim after a car accident can be somewhat complicated. Your attorneys can guide you through the specifics of your case, but here is a general guide to how the process of filing an accident claim works.

If you’ve been injured in a car accident, we may be able to help. Call Tyroler Leonard Injury Law at 651-259-1113.

File a Claim with Your Insurer

After your accident, your first step should be filing a claim with your PIP insurance provider. It’s a good idea to consult car accident attorneys before doing so. Like any insurance company, your PIP provider’s focus is on paying out as little as possible. Car accident attorneys have experience negotiating with insurance companies, so they may be able to help you secure a fair settlement. This step is usually faster than filing a claim against the other driver’s insurance company.

File a Claim with the At-Fault Driver’s Insurance

If you’ve been in a serious car accident and have extensive injuries, your PIP insurance probably won’t cover everything. If that’s the case, you’ll want to work with personal injury lawyers to file a claim with the at-fault person’s insurance. These insurance claims can be complex — your lawyers might believe that there’s another party at fault as well. For example, if you were hit by a truck driver who fell asleep at the wheel, the truck driver is at fault. However, if the trucking company violated laws that require truck drivers to take certain breaks, the trucking company might be at fault, too.

Determine Your Degree of Fault

Minnesota is a no-fault state when it comes to PIP claims. However, when it comes to filing a claim with the other driver’s insurance, the courts don’t simply view the other driver as 100% at fault.

Under Minnesota’s modified comparative negligence rule, you can only recover compensation if you were no more than 50% responsible for the accident. If you were at fault at all, the compensation you’re awarded would be reduced by your percentage of fault.

The courts determine who is at fault for an accident, so this isn’t necessarily a step you take yourself. However, you and your attorneys can submit evidence to prove the other driver was at fault (or at least more at fault than you were).

Here’s an example of how the system works. Imagine you and Bob are in a car accident. Bob was drinking and texting at the time of the crash, and you were texting (but not drinking). After considering evidence from both of your legal teams, a judge decides that Bob was 60% at fault and you were 40% at fault. Because Bob is more than 51% at fault, he will not receive compensation beyond what his PIP policy covers. The court awards you $100,000 in damages (beyond what your PIP policy covers). However, because you were 40% at fault, the amount is reduced by 40%. That means you receive $60,000.

Advantages of No-Fault Insurance

Minnesota’s no-fault insurance might seem complicated to navigate. However, it does have certain benefits. One of the primary reasons Minnesota (and 11 other states) uses the no-fault system is because it makes it easier for victims to be treated for their injuries. When you have PIP insurance, you can receive immediate medical treatment — and make sure your insurance pays for it — without first having to determine who was at fault or waiting for a settlement.

In a state without no-fault insurance, you typically have to wait for your case to be settled to be reimbursed for medical costs. In most serious accidents, victims are stuck with incredibly high medical bills, and they might face financial hardship or credit damage while waiting for a settlement.

Disadvantages of No-Fault Insurance

One of the system’s main disadvantages is the fact that it limits your ability to seek damages. PIP does not cover non-economic damages, and if you don’t exhaust your PIP benefits, you can’t seek non-economic damages (like payment for physical and emotional pain).

Critics of no-fault insurance also point to the fact that the at-fault driver often isn’t held accountable. This is a valid criticism, but, fortunately, if the at-fault driver caused especially serious injuries (that incurred medical costs beyond your PIP coverage), they can be held responsible for both economic and non-economic damages.

Have You Been Hurt in a Car Accident?

At Tyroler Leonard Injury Law, we understand the pain, fear, and frustration that come with being injured in a car accident. Having to contend with the confusion of no-fault insurance doesn’t make things any easier.

Our attorneys have helped countless people like you. If we take your case, you don’t have to worry about handling insurance on your own — we can guide you through filing PIP claims and any additional claims you need. If you’ve just been injured and don’t know where to turn, get in touch with us!

Contact Tyroler Leonard Injury Law online or give us a call at 651-259-1113.

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How to Determine Who Is at Fault in a Minnesota Car Accident

If you live in Minnesota and drive a car, you know that you are required to have car insurance. When you were purchasing that car insurance, you probably noticed that you were required to purchase personal injury protection (PIP). This is because Minnesota is a no-fault state. When you get into a car accident, your insurance company will pay for your medical bills, regardless of which driver was at fault in the accident. Does this mean determining fault is meaningless? No; if you were seriously injured, lawyers are equipped to help you file a lawsuit to get additional compensation from the insurance company of the at-fault driver. In this situation, experienced attorneys who know how to determine who is at fault in a Minnesota car accident can be indispensable.

The Basics of Determining Fault

When trying to determine who is at fault in a Minnesota car accident, there are effectively two types of accidents: those where neither party is initially assumed at fault and those where responsibility defaults to one party. The latter are good if you are on the right side of them and bad otherwise. These default liability accident types are:

  • Rear-end accidents
  • Left-hand turn accidents
  • Accidents where someone runs a red light
  • Accidents that involve someone backing up.

Typically, unless there are exceptional circumstances, a particular driver is assigned guilt in these accidents. In the above-listed accident types, the driver turning left is usually at fault, as is the driver who runs a red light. Attorneys who want to challenge this default assumption will need considerable evidence or conflicting default-at-fault situations. For example, if one driver in an accident turned left legally and the other driver ran a red light, the driver turning left would not be considered at fault by default, because running a red light more definitively puts the other driver at fault.

But not all accidents are this cut and dried. In many accidents, both parties might reasonably be at fault. For example, if two cars get into an accident in an intersection with a four-way stop, it might not be immediately obvious who was at fault. Typically, the driver who arrived first has the right of way. But if both drivers arrive at the same time, the driver on the right has the right of way. In an accident, the driver on the right might claim they arrived at the same time, while the driver on the left claims to have arrived first. Experienced attorneys will interview witnesses, attempt to find camera footage, and possibly even use an expert who can reconstruct accidents to determine which account is accurate.

When It Is Important to Determine Fault

The police and your insurance company may attempt to determine fault after a car accident, but neither party is doing it to help you file a civil lawsuit. The police typically only care about determining fault so that they can give tickets or even potentially charge someone with a crime. Unless they are facing a lawsuit, the insurance company only needs to determine fault to see whether it can legally use the accident as a reason to increase your premiums. But when do you need to know how to determine who is at fault in a Minnesota car accident?

You need to determine fault when the law allows you to bypass the no-fault system and file a lawsuit. This can be done when:

  • You have suffered an injury that requires more than $4,000 in medical bills.
  • You were permanently disfigured by the accident.
  • You suffered a disability that lasted 60 days or more.
  • Someone died in the accident.

These circumstances allow you to file a lawsuit that can recover non-economic damages.

If you were seriously injured in a car accident in Minnesota, proving the other party was at fault could significantly affect your ability to get fair compensation. Contact Tyroler Leonard Injury Law at 651-259-1113 to schedule a free consultation with lawyers who will help you understand your legal options.

Why Determining Fault Matters

Damages You Can Get in a Car Accident Lawsuit

The minimum PIP you are permitted to purchase provides up to $20,000 in medical expense reimbursement and up to $20,000 in income loss reimbursement due to injuries resulting from a car accident. It also pays up to $20,000 of survival benefits should the driver die. But all of these benefits are economic benefits. That means they reimburse the victims for expenses and losses that can be calculated. Did you miss two weeks of work after suffering a burn injury in a car accident? If you are paid $2,000 a week normally, then you will get $4,000 of reimbursement for your lost wages. But an insurance company won’t pay you any money for the mental anguish or physical suffering that you experienced due to an accident.

PIP benefits don’t provide any compensation for your suffering, no matter how badly you were injured.

The only way to get any compensation for your pain and suffering is by suing the driver of the other vehicle for non-economic damages. These damages can’t be documented. Typically, they are calculated as a factor of any economic damages you suffered.

Furthermore, filing a lawsuit against the at-fault driver or making a third-party insurance claim against their insurance company is the only way to get additional compensation after you reach the limits of your PIP.

Partial Benefits Due to Partial Fault

Unfortunately, it is relatively uncommon for someone to be completely responsible for the injuries that another party suffered in an accident. For example, assume for a moment that the other driver was speeding and ran a red light when they hit your car. It seems that they are unquestionably at fault. But that doesn’t mean that they are completely at fault for your injuries. If you weren’t wearing your seat belt, you would be partially responsible for the severity of your injuries. That partial fault limits your ability to get compensation under the Minnesota comparative fault statute.

This statute states that if you are partially responsible for injuries that you suffered, you can still receive compensation. Any compensation a jury awards you is reduced by a percentage equal to the percentage you are responsible for your injury. This is another reason that it is so important to accurately determine fault in a car accident in Minnesota. The insurance company wants to pay as little compensation as possible. It will gather as much evidence as it can find to show that you were responsible for your injuries. Attorneys need to be equally diligent in gathering evidence that supports their clients’ claims.

Determining Fault in Other States

While Minnesota is a no-fault state, that doesn’t mean every state is. Only 11 states are no-fault states. The other 39 have some type of fault rules. For example, in nearby Wisconsin, if you get into a car accident, the insurance company for the at-fault driver foots the bill for both drivers. This means that all of your economic damages will be covered by the at-fault driver’s insurance company up to the limit of that policy.

Determining fault in these states has two benefits. First, it determines which insurance company will pay for losses and expenses. Second, it determines whether you can sue for additional damages, including non-economic damages. Because it affects who pays, both insurance companies will often try to point the finger at the other driver in this scenario. Experienced car accident attorneys can investigate with your best interests in mind.

Contact Tyroler Leonard Injury Law Today

Determining who is at fault in a Minnesota car accident requires an experienced investigator working hand in hand with lawyers who understand the law. That is a combination you can find at Tyroler Leonard Injury Law.

If you were seriously injured in a car accident in Minnesota, you may be eligible for compensation beyond what your insurance company is offering you. Contact our law firm at 651-259-1113 to learn whether you are eligible to sue an at-fault party.

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What Is the Statute of Limitations for Personal Injury in Minnesota?

Have you or someone you know/love been involved in a slip-and-fall, an automobile accident, or any other mishap where someone else’s choices and conduct caused you harm? If so, you are likely considering filing a personal injury lawsuit in a Minnesota civil court.

However, in Minnesota, as in other jurisdictions, there are time limitations – known in the law as the Statute of Limitations, which limits the time someone has to file a personal injury lawsuit. So, if you are seriously considering moving forward with a personal injury lawsuit, it is essential to know – How long do you have to sue for personal injury? – because these time limits restrict the amount of time to file personal injury lawsuits in Minnesota.

Defining Personal Injury Law

The field of personal injury law, which is also known as tort law, refers to law that exists to protect you should you (or your property) become harmed or injured due to another person’s recklessness, carelessness, negligence, or failure to act. In a successful personal injury suit, the individual who is responsible for causing the injury or harm compensates the victim or the person who suffers a loss.

In Minnesota, a personal injury case is based upon harm that can be inflicted physically, emotionally, and financially. If you have additional questions regarding a personal injury case, talk to the seasoned accident lawyers at Tyroler Leonard Injury Law.

What Is the Statute of Limitations for Personal Injury in Minnesota?

Minnesota, like every state, sets forth a limit on the amount of time you have to file a lawsuit in a civil court after an injury occurs. In Minnesota, the clock that counts down the allowable time for filing a personal injury typically begins on the date of the injury.

The state of Minnesota has several relevant statutes of limitations that may apply, depending on the specifics of the personal injury case and the situation involved. The following are examples of the most common statute of limitations involving personal injury incidents –

  • Six Years – If your injury is caused by negligent conduct such as –
  • Two Years – If you are harmed or injured by intentional misconduct such as situations that involve –
  • Three Years – If a family member passes away because of someone else’s wrongful conduct, you typically have three years from the date of the event/fatality to file a wrongful death claim. However, if the death is the result of murder, there is no statute of limitations that applies, and you can, therefore, bring a personal injury lawsuit without regard to state-imposed time restraints. (Minn Stat. § 573.02, Subd. 1)
  • Four Years – If you are the victim of medical malpractice, you have four years to file your suit. (Minn. Stat. § 541.076)

Note that in Wisconsin, the statute of limitations to recover damages is three years (Wis 893.54). The law provides for a three-year deadline for the filing of any “action to recover damages for injuries to the person.” This applies to –

  • Liability and the Principle of Negligence – referring to those claims filed after most mishaps like automobile accidents, slip and fall accidents, etc.
  • Intentional Tort – refers to civil cases filed over assault and other types of intentional acts.

The same action claiming an intentional tort (which would be filed by the victim in a civil court) may also be criminal conduct that is prosecuted by the government.

Exceptions to the Minnesota Personal Injury Statute of Limitations

There are various scenarios delineated in Minnesota that might (a) delay the start of the statute of limitations clock timer or (b) pause the clock or timer even if it has begun to count down. The following situations represent when it is possible to extend the personal injury filing deadline set forth by Minnesota law. Examples of situations that may include a delay or pause in the statute of limitations include –

  • If the injured person is a minor or under the age of 18 on the date of the incident
  • If the injured person is legally insane at the time of the incident
  • If the potential defendant is absent from the state (Minnesota Statutes section 541.13).

Similarly, it is noted that exceptions to Wisconsin’s personal injury statute of limitations also exist and are defined by Wisconsin law. Examples of these exceptions can be found in the state laws Section 893.16 and 893.19.

What Happens If You Miss the Personal Injury Filing Deadline?

The personal injury statute of limitations is obviously an important consideration for anyone who intends to take a personal injury case to court via a formal lawsuit. However, it is also a critical factor when negotiating a settlement for a personal injury case because the threat of a lawsuit is no longer viable or effective.

If you miss the relevant deadline but try to file the lawsuit, the defendant will ask, and likely be granted, a dismissal.

Consult with a Minnesota Leading Personal Injury Attorney Today

If you have questions about how the Minnesota statute of limitations applies to your specific personal injury situation — especially if the deadline to file is fast approaching or has already passed – it is definitely time to discuss your situation with an experienced Minnesota personal injury attorney.

Contact Attorney Isaac Tyroler and Attorney Rachel Sperling Leonard at Tyroler Leonard Injury Law for a no-cost consultation at (651) 259-1113.

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