Delano Personal Injury Lawyer
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We Are Experienced Personal Injury Attorneys
We have helped many clients in and around the Twin Cities recover compensation through a variety of case types. Milavetz Injury Law, P.A. has experience handling cases involving serious injuries and wrongful deaths resulting from the following:
What To Do if You’re Injured in Delano, Minnesota
Regardless of the type of injury, Milavetz Injury Law, P.A. is ready to represent injured parties seeking compensation for negligence or intentional acts. While it is important to contact a law firm in a timely manner, there are a number of other steps victims should take first.
Seek Medical Attention
The first step after an injury is to seek medical attention. Minor injuries can be addressed by regular doctors, while more severe injuries may require a visit to an emergency room.
Hospitals Near Delano
Urgent Care Centers Near Delano
Gather Evidence, Documentation, and Contact Information
Before visiting an attorney, you will also need to begin gathering evidence. Keep copies of any medical records or police reports that can show what happened and the extent of the damage. Also, collect contact information from any nearby witnesses and the person at fault.
File a Police Report
Minnesota statutes require a driver involved in an accident causing injury or death to provide contact and vehicle information either at the scene or within 72 hours after the incident. In Delano, police services are provided by the Wright County Sheriff’s Department.
Obtain Legal Representation
After the above, it is time to contact an experienced law firm. Seeking professional advice is necessary to navigate the legal system and protect your rights, especially when dealing with serious injuries or losses.
What type of compensation am I entitled to?
Types of Compensation
In addition to direct monetary damages, courts may award non-economic compensation for costs that do not have direct financial value. Punitive damages may also be awarded solely to punish the person who caused the injury.
Minnesota law does not limit pain and suffering damages in medical malpractice. However, state statutes do limit non-economic damages in other areas, including the death of a patient or inmate. According to the Department of Labor and Industry, workers’ compensation benefits also cannot include pain and suffering.
The William Mitchell College of Law Public Health Law Center indicates that a school district’s total liability cannot exceed $500,000 per claim. The limit per incident is further set at $1.5 million.
Laws Specific to Auto Accidents:
Minnesota statutes require insurance companies to pay basic loss benefits of $40,000 minimum for medical expenses and economic losses regardless of fault. Minnesota laws also provide the right to bring a negligence suit for any economic loss not paid by the victim’s insurance.
What evidence do I need to prove liability?
First, the other party must have owed a duty to care and then have breached that duty. For example, a driver with a duty to follow traffic laws breaches said responsibility by running a red light. Secondly, you must be able to demonstrate that the injury would not have occurred without the violation of responsibility and that this was the main proximate cause. Finally, the evidence must show that both an injury and loss did actually happen.
Minnesota Laws Governing Personal Injury Cases
The State of Minnesota statutes provide guidance to victims based on the joint liability of the responsible parties. According to the law, each group must contribute to awards in proportion to their fault, except in cases of intentional injuries or public health-based liabilities, which may result in full responsibility. The comparative fault rule allows victims who are partly responsible for their injury to seek compensation.
Minnesota Statute of Limitations
Minnesota law requires that most personal injury actions be taken within two years of the date of the causal event. However, victims considered disabled or under 18 may be able to file as long as that condition remains in place. In medical malpractice suits, the statute of limitations may be suspended for less than seven years or one year after the disability ends. The time limitations may also be suspended if the defendant leaves the state and cannot be found.
Minnesota statutes provide victims four years from the date of the “cause of action” to file. However, as explained in the “termination of treatment rule” in Molloy v. Meier, extended therapies mean the victim has four years from the date treatment ends. Timelines for filing may also be extended due to fraudulent concealment by the doctor.
As covered by the Minnesota State Bar Association Civil Litigation Section, because it is not based on the “date of discovery,” it is possible for the statute of limitations for a medical malpractice suit to end before the injured party becomes aware of the injury. Wrongful death or negligent injury actions against the state or a state employee must be filed within one year, and the statutes limit property damage claims to six years.
Our Experience and Case Results
Milavetz Injury Law, P.A. is well experienced in personal injury cases in and around Minneapolis, and we excel in providing personalized, detailed representation. Founded in 1963, our firm is a community leader with several awards, including being recognized in the Top 100 Trial Lawyers by the National Trial Lawyers.
Our Case Results
If you have been injured, don’t risk losing your right to compensation. Contact Milavetz Law now for a free consultation.
Hiring a personal injury attorney can be a complicated process, and each case is unique. The cost of hiring a lawyer, average settlement amount, and personal involvement in the litigation process are all frequent questions that can only be answered on a case-by-case basis. It is important to find an experienced attorney that understands your concerns and is willing to take the time to focus on the details.