How to File a Personal Injury Claim in Minnesota

Step 1: Seek Medical Attention Immediately

Your safety should always come first. After any type of accident, whether a car crash or a slip and fall accident, seek medical care as soon as possible. Even if you feel fine, you could be injured. Some injuries don’t show symptoms right away, and the longer you wait, the harder it may be for doctors to treat.

A prompt doctor’s evaluation also creates a medical record, critical evidence for your claim. Delaying treatment could weaken your case, as insurance companies might argue your injuries aren’t serious or weren’t caused by the incident.

Step 2: Document the Incident

Evidence is the backbone of a strong personal injury claim. As soon as you’re able, start collecting details about what happened. Take photos of the accident scene, your injuries, and any property damage. Write down your account of the event while it’s fresh in your mind. If there were witnesses, get their names and contact information – they could corroborate your story later.

Keep all related documents in one place. That includes things like:

• Medical bills
• Police reports
• Receipts for expenses tied to your injury
• Witness contact info
• Photos

The more you gather now, the easier it will be for your attorney to negotiate a fair settlement or present your case to court.

Step 3: Talk to a Minnesota Personal Injury Attorney

You don’t have to face this alone – and you shouldn’t. Consulting an experienced personal injury attorney early on can give you true peace of mind while strengthening your case in the long run.

At SiebenCarey, we offer free consultations to review your situation, explain your rights, and map out your options. Minnesota law has complexities that can trip up even the savviest individuals. Our experienced Minnesota attorneys will evaluate your case, estimate the damages you’re owed, and handle the legal heavy lifting so you can focus on healing.

Step 4: Notify the At-Fault Party

Once you’ve found the right attorney, the next step is letting the at-fault party know you’re pursuing a claim. Your attorney typically sends a demand letter outlining the compensation you seek.

This isn’t about filing a lawsuit yet. Instead, it’s an attempt to settle the matter without further legal action.

Step 5: Build Your Case

Your attorney will dig deeper to strengthen your claim. This means interviewing witnesses and gathering more evidence. Your attorney may get expert opinions from doctors or other professionals or speak to accident reconstruction specialists. 

Their goal is to establish negligence, proving that the other party failed to act with reasonable care. Minnesota follows a comparative fault rule, meaning if you’re found partly at fault (less than 50%), your compensation could be reduced. A skilled lawyer ensures the evidence paints a clear picture of who’s truly responsible, maximizing your recovery.

Step 6: Negotiate a Settlement

Most Minnesota personal injury claims are settled before trial. The settlement negotiation is where your attorney can really shine. They’ll present your case to the insurance company, backed by solid evidence, and push for fair compensation to cover your medical costs, lost income, and pain and suffering.

Insurers often start with lowball offers, but an experienced lawyer knows how to counter them. At SiebenCarey, we’ve negotiated thousands of settlements, and we don’t back down until you get what you’re owed. If the offer isn’t fair, we’re ready to take the next step.

Step 7: File a Lawsuit (If Necessary)

If the at-fault party (and their insurer) refuses to offer fair compensation, your attorney may recommend filing a lawsuit. In Minnesota, you generally have six years from the date of the injury to file. Your lawyer will draft a complaint, file it with the court, and serve it to the defendant. This starts the formal legal process.

Most cases are still settled before a trial, even after filing a lawsuit. But by filing, you can show you mean business, which often prompts a better offer from the insurer.

Step 8: Navigate the Discovery Phase

Once a lawsuit is filed, both sides will exchange information through a process called discovery. You’ll answer questions, provide supporting documents, and possibly give a deposition (a recorded statement under oath). The court may also order mediation, where a neutral party tries to help negotiate a settlement. Your attorney will guide you through this stage, ensuring you’re always prepared and protected.

Step 9: Go to Trial (If No Settlement Is Reached)

Trials are rare, but if your case gets this far, you’re in good hands with SiebenCarey. Our team includes several Certified Civil Trial Specialists – a designation earned through proven courtroom experience and success. Many of our attorneys have also been recognized by their peers for courtroom success, including listings as Super Lawyers® and Best Lawyers in America®.

At trial, both sides present evidence and arguments to a judge or jury, who decides fault and compensation. Depending on the complexity, trials can last a day or weeks, but we’ll fight for every dollar you deserve.

Most importantly, you won’t owe us a dime unless we win your case. Because we work on a contingency fee model, your attorney will only receive their fee from a successful compensation package. That means you never have to worry about paying for legal services out of pocket.

Step 10: Receive Your Compensation

Once your claim settles or you win at trial, you’ll receive your recovery. If it’s a settlement, the insurer typically issues a check within weeks. Your attorney will deduct legal fees (agreed upon upfront) and settle any liens (like medical bills), and you’ll get all the rest. That money is entirely yours to rebuild your life, covering everything from hospital costs to the emotional toll of your injury.

Minnesota law requires prompt payment – insurers must pay within five business days of a settlement agreement. This requirement means you shouldn’t wait long once the case is resolved. If the insurer tries to stall or delay the payment, we’ll step in to make sure they abide by Minnesota law.

And that’s it! Once you have your check in hand, you can begin to undo the damage of your accident and get your life back on track.

Get Help from the SiebenCarey Team

Filing a personal injury claim in Minnesota doesn’t have to be daunting. With the proper steps and a trusted legal team, you can secure the compensation you need to move forward.

At SiebenCarey, we’ve been Minnesota’s original personal injury lawyers since 1952, helping over 70,000 people just like you. We’re here to fight for your rights every step of the way.

Don’t let your chance slip away – contact us today for a free consultation.