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Heller & Thyen P.A. is a law firm focused on helping ordinary people navigate our complex legal system in the areas of bankruptcy and personal injury.
Heller & Thyen P.A. is a law firm focused on helping ordinary people navigate our complex legal system in the areas of bankruptcy and personal injury.
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<strong>Car</strong> <strong>Accident</strong><br />
<strong>Injury</strong>: Legal<br />
Claims<br />
Heller & Thyen, P.A.<br />
Call Us Today (320) 654-8000
<strong>Car</strong> <strong>Accident</strong> <strong>Injury</strong><br />
Legal Claims<br />
KW bankruptcy lawyer<br />
We all know that auto accidents happen. It comes with the territory<br />
when you’re driving down the road at anywhere from 25-65 miles per<br />
hour (or more), along with everybody else. Even if you’re a cautious<br />
and responsible driver, there’s no accounting for every other car on<br />
the road. Plenty of drivers succumb to distraction, drive under the<br />
influence, or simply screw up. It happens.<br />
When you’re heading to work, running errands, or going to visit a friend, you<br />
may suddenly find yourself at the mercy of someone who’s texting and<br />
driving. Perhaps it’s someone who didn’t get enough sleep last night, or<br />
who decided to run that red light or roll through the stop sign. Whether<br />
you’re doing everything right or you hold equal blame for causing an<br />
accident, you could find yourself dealing with an injury and mounting<br />
medical bills.<br />
In Minnesota, like most states, the process of making claims begins<br />
with insurance coverage. However, if insurance won’t cover the losses<br />
caused by an accident, you may elect to pursue legal action. There are<br />
three possible claims you can make in wake of a car accident: property<br />
damage, no-fault benefits, and personal or bodily injury claims.<br />
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personal injury attorney<br />
Property damage claims are usually paid by the insurance company<br />
covering the at-fault driver. If you have comprehensive or collision<br />
coverage, and the accident is either your own fault or no one’s fault<br />
(such as hitting a deer), your own insurance company will pay for the<br />
damage, less your deductible.<br />
If you’ve been injured in an automobile accident, there are several<br />
different claims that you may have.<br />
No-Fault Insurance<br />
Minnesota is a “No-Fault” state. We have a system in place that<br />
guarantees that everyone who is injured in a motor vehicle accident is<br />
provided with a package of benefits that are intended to take the<br />
financial hardship out of being injured in a car crash. They include:<br />
● $20,000 of medical treatment, including reimbursement<br />
for transportation;<br />
● $20,000 of wage loss benefits with a cap at $500 per week;<br />
● Replacement of Essential Services up to $200 per week;<br />
● Up to $10,000 in retraining.<br />
There is a system set up that determines which insurance<br />
company is responsible for paying the benefits. The general rule is<br />
your own insurance company pays your benefits.<br />
Types of Injuries<br />
The severity of your injuries following a car accidentcould have some<br />
bearing on whether you’re entitled to additional compensation through<br />
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st cloud<br />
legal claims. For example, you may only have cuts, scrapes, or<br />
sprains. Maybe you have other minor injuries that require relatively<br />
little medical care, resulting in a small amount of medical expense. In<br />
such cases, it is likely that no-fault insurance will cover the associated<br />
costs, and no other claim will be available.<br />
However, you might also suffer from common issues like whiplash,<br />
back pain, or neck pain in the wake of a collision. These injuries can<br />
require ongoing care such as physical therapy and chiropractic care<br />
to correct. Additionally, you might have more serious problems like<br />
broken bones, herniated or ruptured discs, or other spinal injuries. It’s<br />
also possible to sustain brain injuries or internal organ damage.<br />
In such cases, serious, immediate, and ongoing medical care may be<br />
required. Those bills could rack up quickly. You may end up exceeding<br />
the limits of no-fault insurance. If so, seeking legal recourse to recoup<br />
remaining costs is the next step.<br />
Statute of Limitations<br />
When it comes to personal injury lawsuits, Minnesota has several different<br />
statutes of limitations for filing different legal claims. A statute of limitations is<br />
a legal deadline for a lawsuit to be commenced. If you fail to start a lawsuit<br />
within the statute of limitations period, your claim will be lost forever. Some of<br />
them are quite short, so it is essential that you speak with an attorney as<br />
quickly as possible to learn which statute applies to your case. The statutes of<br />
limitation start on the date of the accident. People who have missed the<br />
deadline commonly do not initially want to bother<br />
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minnesota<br />
with a claim and then, after the physical problems have not<br />
healed completely, decide to act, only to find out it is too late.<br />
Therefore, you need know what statute applies to your case and to remain<br />
aware of the deadline for filing a civil suit so that you don’t miss your window.<br />
The statute of limitations for negligence in Minnesota is generally 6 years, but<br />
there are exceptions: Claims arising from civil rights violations are as short as<br />
1 year; claim for assault and battery (2 years); injuries that are caused by a<br />
permanent improvement to real property (2 years); medical negligence (4<br />
years) property damage is six years. There are others as well. That is why it<br />
is vitally important to consult with an attorney whenever you are injured, even<br />
if you do not plan to bring a claim.<br />
If you choose to bring a claim for personal injury arising out of a motor<br />
vehicle accidents, beyond receiving no-fault benefits, Minnesota has<br />
some placed some barriers that must first be met. We call these barriers<br />
“thresholds”. They are the trade off for no-fault benefits. The thresholds<br />
are as follows:<br />
1. $4000 in non-diagnostic medical expenses related to the accident;<br />
2. A disfigurement, such as a scar or amputation;<br />
3. 60 days of disability; or<br />
4. A permanent injury.<br />
You must meet at least one of these in order to bring your claim. The<br />
rationale for establishing these barriers is to ensure that only severe<br />
injuries are brought. Our legislature believes that more minor<br />
accidents will be taken care of by no-fault alone.<br />
Minnesota law requires drivers carry personal liability insurance at a minimum<br />
of $30,000 per person, or $60,000 minimum for total injuries per<br />
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accident. If costs exceed this amount, injured parties may seek<br />
compensation from other drivers involved in the accident. In that<br />
case, comparative fault rules would apply.<br />
If the other motorist involved in the accident is uninsured, you will look to<br />
your own insurance company to step into the shoes of the uninsured<br />
driver. This is called uninsured coverage, or “UM”. If your injuries<br />
exceed the amount of coverage limits of the at-fault party, you can also<br />
look to your own insurance policy for additional compensation. This is<br />
called underinsured coverage, or “UIM”. You may want to talk to your<br />
insurance agent to make sure you purchase enough coverage to protect<br />
yourself in the event of a significant accident. The minimum coverage in<br />
Minnesota is $30,000. That is not very much if you have major injuries. I<br />
recommend at least $100,000 in coverage.<br />
Comparative Fault<br />
Minnesota is a comparative fault state where car accidents are concerned. In<br />
other words, in determining how someone is compensated for their injuries<br />
stemming from an accident, the actions of all parties involved are compared. If<br />
you are more at fault that the other driver, you cannot receive compensation<br />
for your injuries. If the other party’s fault is greater than yours, you can<br />
recover, but your damages are reduced by your percentage of fault. For<br />
instance, if it is determined that the fault for an accident is allocated 70% other<br />
driver/30% you, and it is determined that the value of your damages is<br />
$10,000, than you would collect $7,000.<br />
There is a myth that a driver is 10% at fault, just because they are on the<br />
road. This is not true. If an insurance adjuster is assigning some fault to<br />
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you, make sure the explain the facts that the insurance adjuster that<br />
are the basis of their allocation. If it is simply because you were on the<br />
road, make sure you seek help from an attorney, because that is not a<br />
valid reason.<br />
Pedestrians and Cyclists<br />
Perhaps, not everyone involved in an automobile accident is driving at<br />
the time. What can you do if you’re injured in a collision with a motor<br />
vehicle accident when at the time you were either walking or riding a<br />
bike at the time?<br />
The same laws apply. You must first seek no-fault compensation for<br />
injuries from your own auto insurance. If you don’t have a vehicle or car<br />
insurance, you may seek compensation from the motorist involved in the<br />
accident. If necessary, you can even file a civil claim.<br />
CONCLUSION<br />
There are a lot of issues that can arise from a motor vehicle accident. If<br />
you have questions about your rights it is important to get answers from<br />
someone you trust. Heller & Thyen, P.A. only represent injured people.<br />
We do not work for or represent insurance companies. Call us whenever<br />
you or a loved one have been injured in an accident.<br />
http://hellerthyen.com/car-accident-injury-legal-claims<br />
Call Us Today: (320) 654-8000