Car Accident Injury: Do I Have a Case?
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit. But how do you know if you have grounds for a claim?
Today, we’re going to answer that question.
Understanding Negligence in a Car Accident Claim
The basis of a valid personal injury case is negligence. Negligence means you were injured because someone else failed to take proper care. For example, your car accident might have happened because another driver was speeding. Other common forms of negligence include:
- Distracted driving
- Reckless driving
- Running a red light
- Ignoring a stop sign
- Failing to yield
If any of these behaviors contributed to the accident that resulted in your injuries, you likely have a strong case for a personal injury claim.
Proving Your Case
For a viable case, you will need evidence showing that another party’s negligence led to your injury. Proving this might require:
- Eyewitness statements
- Photos of the accident scene and your injury
- Police reports
- Video footage
- Medical records
Your attorney will help collect and review evidence to support your case.
What Is Fair Compensation for a Car Accident Injury?
Compensation for a car accident injury can vary from one case to the next. Your injury claim will likely include compensation for a variety of damages, including:
- Medical expenses
- Pain and suffering
- Lost wages
- Lost earning capacity
- Vehicle damage
If the accident was caused by misconduct, such as drunk driving, you may also claim punitive damages.
Car Accident Injury Statute of Limitations
Minnesota has limits on how long you can wait before filing a lawsuit. For car accident injuries, the statute of limitations is six years after the accident occurred. You could lose the right to pursue compensation if you miss that deadline.
However, there are always exceptions. Even if more time has passed, consult an experienced auto accident attorney before giving up.
Finding the Right Attorney
Finding the right attorney to handle your car accident injury case is crucial. When looking for an attorney, keep an eye out for these factors:
- Focus on car accident claims
- Record of success
- Positive reviews
- Fully-staffed law firm
- Contingency fee arrangement (this means that your fee is contingent on them winning your case)
- Professionalism and compassion
If you want to talk to one of our experienced car accident attorneys, schedule a free consultation today!
Car Accident Injury FAQs
Is Minnesota a no-fault state?
Yes, Minnesota is a no-fault state, which means that your insurance company will cover some or all of your damages regardless of who was at fault for the accident. However, if your accident was caused by negligence, you may be entitled to further coverage.
What if I was partially at fault for the accident?
Minnesota is also a comparative negligence state. Even if you were partially responsible for the accident, you can still seek compensation if another driver has greater fault. The only catch is that the percentage of your fault will reduce your compensation. For example, if you are entitled to $1,000,000 in damages but were 25% at fault, you will only receive $750,000 in compensation.
Can I claim compensation if the other driver was uninsured?
Yes, you can claim compensation through your uninsured motorist coverage. NOTE: It’s important to have robust uninsured and underinsured motorist coverage to protect yourself in such situations, as this part of your policy covers you when the at-fault driver does not have enough insurance or any at all.
How long does a car accident claim take to settle?
The duration of a car accident claim can vary widely. Simple cases might settle in a few months, while more complex cases, especially those involving severe injuries or contested liability, can take a year or more.
Will I have to go to court?
Probably not. The vast majority of injury claims are settled out of court. However, in the rare event that you can’t reach a fair settlement, a trial may be necessary. At SiebenCarey, we have decades of experience representing injury victims in court.
Do You Have Grounds for a Car Accident Injury Claim?
To know whether you have grounds for an accident claim, simply answer these questions:
- Were you injured in a car accident?
- Did someone else’s negligence cause your accident?
- Can your attorney gather evidence to support that claim?
If the answer to these questions is yes, you have grounds for a personal injury lawsuit. Even if you aren’t sure, speak with your attorney before deciding not to pursue compensation. You may have a better case than you realize.
Get Help from SiebenCarey!
Navigating the aftermath of a car accident can be overwhelming, especially when you’re dealing with an injury. At SiebenCarey, we can handle the hassles so you can focus on healing.
SiebenCarey is the ONLY Minnesota law firm with a 70-year legacy of helping car accident victims get the compensation they need. When you choose SiebenCarey to represent your case, you’ll get the full benefit of:
- Decades of proven success
- Extensive legal resources
- An experienced team of lawyers, paralegals, and accident scene investigators
- The “Know Your Rights” guarantee of genuine care and clear communication
And, of course, we always work on a contingency fee basis. That means you won’t owe us anything unless we win your case.
Just reach out, and we’ll happily answer all your questions! Let’s talk.