Minnesota Personal Injury Law

The following summary of Minnesota personal injury laws and case types will help you understand important aspects of injury claims in this state.

Minnesota Statute of Limitations:

• Personal Injury: 6 years; 2 years for intentional conduct
• Medical Malpractice: 4 years from discovery of the injury
• Product Liability: 4 years for negligence or strict liability cases

Caps on Personal Injury Awards in Minnesota:

There is a non-economic damages cap of $400,000 for medical malpractice cases.

Minnesota Serious Injury Threshold:

In Minnesota, in order to establish a successful injury claim, the plaintiff must meet a certain threshold depending on the type of case at issue:

In a car, truck or motorcycle accident, if a plaintiff suffers a permanent disfigurement, death, more than 60 days of missed work, or medical expenses exceeding $4,000, they have meet the threshold required.

Minnesota is a No Fault state and follows the modified comparative - 51% negligence doctrine. This means that a party can only recover if he or she is 50% or less at fault.

Personal Injury Claims & Theories of Liability in Minnesota:

Auto Accident Claim: If a driver is negligent and causes an accident due to thier conduct, they can be held liable for injuries that occur. Minnesota follows the modified comparative - 51% negligence theory, therefore a plaintiff is only entitled to recover if they are less than 51% at fault. If they are found to be 50% or more at fault, this is a complete bar to recovery.

Slip and Fall Accident: Property owners owe a responsibility to others to either inspect the premises for known dangers or repair those that are reasonably seen as a result of inspection. When they do not, propery owners can be held liable for injuries that result.

Medical Malpractice Claims: These are injuries that occur when a medical professional fails to perform medical services to the degree and skill expected of them. These cases are difficult to prove as medical decisions are hard to challenge so long as other doctors would have made the same or similar decisions.

Product Liability Lawsuit: Any time a product is created and placed on the shelves for human consumption or use, it is assumed that the product is safe. If and when it is not, manufacturers, designers and distributors can all be held jointly and severally liable.

Wrongful Death Case: When a party is negligent, it is quite possible that someone will die as a direct result. When this occurs, the negligent party will be liable to the estate of the decedent.

Workers' Compensation Law: Minnesota is a compulsory state therefore employers are required to carry workers compensation insurance. In the event that an employee is injured while working, provided that it occurs during the scope of employment, the employer will be responsible for compensating the injured party for the injury.

For More Information Check out these sites:

Official Minnesota State Website

Minnesota State Bar Association