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 612-362-0000, to discuss your case or submit our free consultation form.

Evaluate Your Car Accident

These ideas should help you assess your car accident and determine whether you want to speak to a legal professional.

If you have any of these questions, you may want to seek legal guidance:

• Are other types of insurance coverage available?
• Is my insurance provider acting in bad faith?
• Do I wonder how to best handle negotiations with the insurance company?
• Do I know my rights?
• Do I have questions about the terms of my insurance policy?
• Am I confused by all of the forms and paperwork?

If any of these statements are true, you should seek legal counsel immediately:

• An injury was sustained that required a hospitalization (broken bones, concussion)
• A permanent injury was sustained (joint damage, paralysis)
• A death occurred
• Other parties involved (car, pedestrian, bicyclist)
• Accident happened in a construction area (additional insurance to pursue)
• Police report has major discrepancies from what you remember
• You have low insurance limits / inadequate coverage
• Your insurer calls in an attorney

After evaluating your car accident case, if you decide to seek legal assistance, call TSR Injury Law at 612-362-0000 for a free consultation or submit our contact form. Our partners are expert personal injury attorneys and are consistently named Super Lawyers and Chuck Slane has been named to the Minnesota Top 40 Personal Injury Attorneys. We will review your case, answer your questions, and help you win the compensation you deserve.

Types of Car Accident Cases We Handle

• No-Fault Accidents
• Bodily Injury Claims
• Drunk Driving Accidents
• Pedestrian Accidents
• Uninsured Motorist
• Underinsured Motorist
• Insurance Claims
• Wrongful Death
• Mechanical Defect/Malfunction
• Highway Defect
• Hit and Run