Can I Still File A Personal Injury Claim If I Was Partially At Fault For The Accident In Minnesota?

Personal injuries that result from accidents can be a painful and traumatic experience. However, aside from the physical and emotional pain, it may also leave you with a financial burden. If the accident was caused by someone else’s negligence, you may be able to file a personal injury claim and receive compensation to cover your medical expenses, lost income, and other damages.

However, the ability to file a personal injury claim might seem questionable if you were found to be partially at fault for the accident. In Minnesota, the state follows a system of comparative negligence, also known as modified comparative fault which may affect you if you are partially at fault in a personal injury case.

Understanding Comparative Fault in Minnesota

Comparative fault is a legal principle that comes into play when determining the damages in personal injury claims. It means that the damages you receive will be reduced based on your share of fault in the accident. This applies even if you were partially at fault in the accident.

Minnesota follows a modified comparative fault system where if you were found to be partially at fault for the accident, your damages would be reduced by the percentage of your fault. If the fault attributed to you is greater than 50%, you may not recover any damages.

For example, if the damages amounted to $10,000, and the court found that you were 30% at fault in the accident, then your compensation would be reduced by 30%, or $3,000, and you would receive $7,000.

Filing A Personal Injury Claim in Minnesota If You Were Partially At Fault

If you were partially at fault for an accident, you may still be able to file a personal injury claim in Minnesota. However, there are some essential factors that must be taken into account. The following are the crucial factors to consider when filing a personal injury claim in Minnesota if you were partially at fault:

1. Comparative Fault Assessment:

The court can only award damages based on the percentage of fault established in the case. Therefore, it’s essential to have an experienced personal injury lawyer to help prove the extent of your liability and maximize your recovery.

2. Insurance Coverage:

The insurance adjuster will assess the liability by investigating the circumstances surrounding the accident and determining the contributory negligence of the involved parties.

3. Statute of Limitations:

In Minnesota, the statute of limitations for personal injury cases is two years from the date of the accident. It’s crucial to file the claim within this period; otherwise, you may lose your right to compensation.

4. Settlements:

If you are partially at fault, the other party or their insurer may offer you a settlement to compensate for the injuries you suffer. It’s crucial to seek legal counsel before agreeing to any settlement, as it may affect your ability to obtain full compensation.

Conclusion

Being partially at fault does not automatically mean that you cannot file for a personal injury case in Minnesota. However, it’s crucial to work with an experienced personal injury lawyer to prove the extent of your liability and maximize your recovery.

If you have been injured in an accident due to someone else’s negligence, it is vital to act promptly and seek professional legal advice. Contact a personal injury lawyer today to schedule a consultation and learn about your legal rights and options.

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