CAR ACCIDENT ATTORNEY IN ANOKA, MINNESOTA
You have been injured in a car accident. Or perhaps someone you love has suffered incapacitating injuries or death following one. In the aftermath, it is common for injury victims and their families to be confused and overwhelmed.
You may be able to pursue financial compensation for the injuries, damages, and losses you have suffered. No one deserves to be injured or killed by another driver who failed to exercise their duty of care on the road. However, if you are a victim, you do deserve compensation, and I can help.
At the Law Offices of Robert N. Edwards, I have been representing personal injury victims and their families for more than 40 years in Minnesota and in Arizona. If you live in Anoka, Anoka County, or Sherburne County, I'm here to help you navigate your personal injury claim or wrongful death claim. Reach out today to schedule a free consultation.
If Minnesota Is a No-Fault State, How Can I Recover Compensation?
Minnesota is a no-fault state for auto accidents. However, that does not mean injury victims cannot pursue financial compensation from a party that was at fault for causing the crash.
In no-fault states, you will first need to file a claim to access the personal injury protection (PIP) insurance included in your own auto insurance policy. PIP benefits pay for economic expenses, such as medical and rehabilitation costs, lost wages, and services you need to handle things you can’t do while you’re injured, such as housecleaning or transportation. If an insured was killed, PIP provides benefits for funeral and burial costs as well.
Every Minnesota auto owner is required to carry PIP coverage with limits of at least $40,000. Half can be used for medical expenses and the other half for any other expenses that resulted from the accident. Whoever caused the accident is irrelevant to your PIP coverage. You can access it even if you were at fault and exhaust the benefits up to the limits of your policy.
You should know that “no fault” does not mean no one was at fault. Depending on the circumstances of your case, you can pursue a third-party liability claim against the person who caused your car accident.
Does Minnesota Require Liability Insurance Coverage?
In addition to $40,000 in PIP coverage, Minnesota car owners are also required to carry liability coverage for car driver negligence. The minimum sums required are $30,000 in bodily injury if one person is injured, $60,000 if more than one person is injured, and $10,000 in property damage liability coverage.
Your PIP coverage will pay up to the limits, but it will not cover non-economic damages, such as pain and suffering or, in a wrongful death claim, loss of companionship. Recovery for those harms and losses is only possible in a personal injury or wrongful death action filed against the at-fault driver.
When Can I Pursue a Claim Against the At-Fault Driver?
To file a claim or lawsuit against an at-fault driver in Minnesota, certain requirements must be met. If you incurred at least $4,000 in medical expenses and/or endured at least 60 days of disability, permanent injury, or disfigurement due to your crash injuries, you can pursue a third-party liability claim. You can sue the at-fault driver for non-economic damages and for economic damages in excess of your PIP coverage.
You should also bear in mind that Minnesota law establishes statutes of limitations for personal injury and wrongful death claims. For standard personal injury lawsuits, you have two years from the date of your injury to submit your case. However, the statute of limitations for injuries caused by auto accidents is six years and the statute for wrongful death lawsuits is three years from the date of death.
If your loved one’s injuries rendered them incapable of pursuing a personal injury claim on their own but they are eligible to pursue one, the court can appoint a conservator to do so on their behalf. If your loved one died as a result of their injuries, the surviving spouse, partner, children, parents, grandparents, and siblings may pursue a wrongful death action.
Because every case is different, it’s crucial to consult an attorney in your area about which statute of limitations applies to your case.
What If I Bear Some Fault for the Accident?
Who is liable in a car accident may include you or your loved one to some degree. That does not mean you cannot pursue a claim or lawsuit.
Minnesota observes a modified comparative fault rule. So long as you were less than 50% at fault, you can pursue a claim. If a judge or jury assigns more than 50% of the blame to you, you are prohibited from pursuing a claim or filing a lawsuit.
Your recovery in a third-party claim or personal injury or wrongful death lawsuit will be reduced by the percentage of any fault assigned to you or your loved one. For example, if a jury values your damages at $100,000 and assigns 30% fault to you, you would receive $70,000 rather than $100,000.
Do I Need an Attorney to Represent Me?
You are by no means required to hire a personal injury attorney to represent you in your car accident claim. However, an experienced attorney will know how to investigate the accident, document and value your damages, negotiate with insurance companies who will go to great lengths to avoid paying a settlement, and present your case in court if you cannot settle your claim.
By collaborating with your lawyer, you can still make all decisions about your case. As your attorney, I will do the work necessary for you to prevail, allowing you time to recover from your injuries, or grieve your loss.
Car Accident Attorney in Anoka, Minnesota
Proving negligence of another party and pursuing a personal injury or wrongful death claim in a no-fault state like Minnesota is never easy. I bring 40 decades of experience to every victim and family I represent. You can count on me to see you through from beginning to end. Don’t wait to contact the Law Offices of Robert N. Edwards in Anoka, Minnesota. Call now to schedule a free case consultation and learn your options.