Sustaining injuries due to someone else’s negligence can be a traumatic and overwhelming experience. It can result in physical, emotional, and financial difficulties that can affect an individual’s life in numerous ways. In Minnesota, you can file a personal injury claim to recover compensation for your damages caused by the negligent party. However, knowing what damages you can claim in a personal injury case can be confusing, and it’s essential to understand your legal rights and options.
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Defining Personal Injury Claims
A personal injury claim is a legal action taken to seek compensation for damages caused by another individual’s negligence or intentional harm. Negligence is when someone fails to act with reasonable care, leading to injury or harm to another person. Personal injury claims arise in various situations, including car accidents, slip and falls, medical malpractice, dog bites, and product liability, among others.
Types of Damages in Personal Injury Claims
When filing a personal injury claim, you can seek compensation for the damages stemming from the injury. The types of damages you can recover in Minnesota include:
Medical Expenses
Medical expenses may include bills related to treatment from doctors, hospitals, chiropractors, physical therapists, and other healthcare providers. In addition, it can include the costs of medical equipment, prescription medication, medical transportation, and any other related expenses.
Lost Wages
If you sustain injuries that cause you to miss work or reduce your work hours, you can claim damages for the lost wages. These damages compensate for the wages, commissions, bonuses, or any other income that you lost as a result of the injury.
Pain and Suffering
Compensation for pain and suffering is subjective and depends on the extent of your injuries, the level of pain you experienced, and the duration of the discomfort. It can include physical pain, emotional distress, anxiety, depression, and loss of enjoyment of life.
Property Damage
If the accident damaged your property, such as your car, bike, or other personal items, you can seek compensation for the damages. Property damage compensation is based on the fair market value of the damaged item.
Loss of Consortium
Loss of consortium is a legal term that refers to the loss of companionship, services, or emotional support resulting from an injury. It is a claim made by the spouse or family member of the injured party.
Punitive Damages
Punitive damages are awarded to punish the negligent party for their actions that led to the injury. In Minnesota, punitive damages are only awarded in exceptional cases where the defendant’s actions were intentional or extremely reckless.
How to Prove Damages in a Personal Injury Claim
Proving damages in a personal injury case requires you to provide evidence that the damages occurred as a result of the injury. You must provide documentation such as medical bills, wage statements, receipts, and expert testimony. You also need to show that the damages were a direct result of the injury and were not present before the accident.
Time Limits for Filing Personal Injury Claims in Minnesota
In Minnesota, you have two years from the date of the injury to file a personal injury claim. If the injury was not discovered until a later date, you have two years from the date of discovery to file the claim. Failing to file a claim within the statute of limitations can lead to a dismissal of the case.
Contact a Personal Injury Lawyer
If you or a loved one sustained injuries due to someone else’s negligence, you may be entitled to compensation for your damages. However, determining the damages you can claim and navigating the legal process can be challenging without the assistance of an experienced personal injury lawyer. A lawyer can help you evaluate your case, gather evidence, negotiate with insurance companies, and represent you in court.
Contact a reputable personal injury lawyer today for a free consultation to discuss your legal options and ensure that you receive the compensation you deserve.