Minnesota Personal Injury Lawyer: Bodily Injury Claim

A bodily injury claim is basically the same as a personal injury claim. Personal injury law is the area of civil law focused on obtaining compensation for personal injury resulting from the negligence of another party. A personal injury attorney will initially attempt to negotiate a settlement with the opposing party or their insurance company. If a settlement cannot be agreed upon, and if the attorney believes the case to be strong, the case may proceed to trial.

Minnesota liability laws have established the basic duty of all drivers is the duty of ordinary or reasonable care. The essential question asked is “What would a reasonable driver do under similar circumstances?” The driver’s negligence must be the cause of the injuries sustained.

The other essential element an injured party must show is that they have reached the tort threshold. The Minnesota Motor Vehicle Liability Law has established that in order to bring a claim, one of the five tort thresholds must be reached by the plaintiff:

  • a permanent disability has resulted from the car accident, truck accident, or motorcycle accident
  • a permanent disfigurement has resulted from the motor vehicle accident
  • wrongful death has occurred from the crash
  • the motor vehicle accident has resulted in more than sixty (60) days of lost work
  • cost of the medical and chiropractic treatment is in excess of $4,000.00 (not including diagnostic x-rays or MRI’s)

In addition to working with the no-fault insurance company, most cases will have a different insurance company on the bodily injury side. In order for an injured party to bring a claim against the bodily injury insurer, the injured party must prove three elements:

  • that another person was more negligent than the victim in causing the accident (more than 51%)
  • that the tort threshold has been reached
  • the claim must be brought within the statute of limitations

The amount of a settlement in a personal injury case depends on many factors, including:

  • the type of injury
  • the severity of the injury
  • the amount of economic damages (lost wages, medical bills, etc.)
  • the duration of the injury

People who have suffered bodily injury in an accident, due to negligence, may be entitled to recover monetary damages for all losses and expenses associated with the accident. Those damages may include recovery for:

  • past and future medical bills
  • past and future lost wages
  • pain and suffering
  • physical disability
  • mental disability
  • disfigurement and permanent scars
  • emotional trauma / distress
  • loss of enjoyment of life
  • loss of love and affection
  • humiliation
  • property damage
  • out of pocket expenses (transportation costs, needed medical equipment, etc.)

This information is provided as a service by TSR Injury Law. If you think you meet the requirements for a bodily injury claim, call a Minnesota Bodily Injury Claim Lawyer, at 612-TSR-TIME, to discuss your case or submit our free consultation form.