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Personal Injury Lawyer

A serious injury can significantly affect your life. It can be painful and depressing. It also affects your ability to earn a living and participate in recreational pursuits you enjoy. Milavetz Injury Law, P.A. can help you recover compensation for your pain and emotional suffering, lost wages, and loss of enjoyment of life.

How can the attorneys at Milavetz Injury Law, P.A. help you after an accident?

We have successfully handled thousands of cases over almost six decades of practicing personal injury law in and around the Twin Cities. We pay attention to the details of each case and know the best way to proceed to achieve the best possible outcome. Our attorneys have achieved professional recognition, including being named Attorney of the Year by independent newspaper and online resource Minnesota Lawyer.

We’ve resolved more than 100 Dalkon Shield cases and more than 100 silicone breast implant cases.

Types of Personal Injury Cases We Handle

If you are suffering a personal injury due to the negligence of others, contact Milavetz Injury Law, P.A. today for a free consultation.

We have the skills and resources to represent clients injured in any of the following accidents.

What is my Minnetonka personal injury case worth?

Every case is different. Depending upon the circumstances, you could receive compensatory and punitive damages under Minnesota law. Compensatory damages include:

  • Economic damages such as loss of wages and payment for medical expenses
  • Non-economic damages, including compensation for pain and suffering or the loss of the companionship of an injured or killed person

Minnesota law allows punitive damages when the defendant’s actions show deliberate disregard for the wellbeing of others. The lawsuit doesn’t include a request for punitive damages when it is first filed, but a party files a motion to add this request during the proceedings.

Minnesota law places no caps on the amount of non-economic damages a defendant can receive in medical malpractice cases and no caps on pain and suffering compensation in worker’s comp cases. It also places no caps on pain and suffering damages in certain other injury and death cases. Other personal injury cases do have minimum thresholds and maximum caps for pain and suffering awards. Statutes also limit the damages that injured parties can receive from municipalities and do not allow for punitive damages in these cases.

Several statutes also address damages in auto accidents. Minnesota is a no-fault insurance state, which means that your auto insurance pays for certain damages regardless of who is at fault. Also, the law requires every insured driver to have basic economic loss benefits included in their insurance. The law also requires that specific requirements be met when recovering from at-fault parties and limits this recovery.

Negligence and Liability

The other party’s negligence is a factor in whether the injured party can receive compensation and how much in many personal injury cases. To be considered negligent, the party must have a duty of care for the other and have breached that duty.

Their breach of duty must be a “cause in fact” of the injury; in other words, you wouldn’t have been injured without them having failed in their duty. The other party’s failure also must have been a proximate cause of your injury. For example, if your failure to heed instructions or an underlying health condition caused the injury, the other party’s failure would not be the proximate cause.

Finally, you must have been injured and suffered a loss for the other person to be found to be negligent and liable.

Minnesota allows joint liability, which means that more than one person can be held responsible for an accident. In this case, the parties are determined to have joint liability, and each party is assigned a percentage of fault. Minnesota also has a comparative fault rule in which injured victims share some responsibility for the injury.

Minnesota Statute of Limitations

Plaintiffs must file personal injury complaints within a specific timeframe, known as the statute of limitations. Otherwise, the judge will dismiss the claim. The statute varies depending upon the specific type of claim and characteristics of the plaintiff.

Personal injury claims

Personal injury claims, in general, are valid only if filed within six years of the injury. In cases of injuries to minors the statute of limitations starts to run on the day of the injury but will be tolled until the child reaches the age of majority.

Medical malpractice

The statute of limitations for medical malpractice is four years; however, the clock can begin at different times depending upon the facts of the case. For example, the clock could start running on the date the negligent act occurred if a single act is involved. Or it could begin when treatment ceases. Minnesota has a no discovery rule, which means that the statute of limitations for filing a claim can expire before an individual knows they are injured. (Molloy v. 4 Meier, 60 N.W. 2d 444, 454 Minn Ct. App. 2003) If a physician fraudulently conceals the malpractice, however, the statute of limitations can be delayed.

Property damage

In general, property damage claims must be filed within six years of the occurrence to be allowed to proceed.

Frequently Asked Questions

You can, but doing so is unwise. Only a lawyer understands the legal requirements. Also, a lawyer knows what your case is truly worth; individuals representing themselves tend to settle for less than they need. Also, a personal injury lawyer knows how to develop a compelling case that will earn you the best outcome.
A personal injury lawyer accepts cases on a contingency basis, which means they don’t get paid until your case settles. They receive a percentage of the settlement, which serves as an incentive for them to get you a higher settlement.

If you are injured on the job, notify your employer as soon as possible and seek medical attention. Promptly notifying your employer protects your rights under the workers’ compensation law. Contact an attorney to be sure you receive the settlement you deserve. Some worker’s compensation insurance policies offer less than full value to settle claims.

Under Minnesota law, fault can be allocated by percentages. You would still be able to recover damages for the percentage of the accident that was someone else’s fault.

After an injury, you should take several steps promptly.

  • Seek medical attention. Minnetonka has several hospitals and urgent care centers, including North Memorial Health and Minute Clinic. These provide effective emergency care. Seeking help immediately after the accident may improve your health outcomes and also will help with a legal claim.
  • Gather evidence, documentation, and contact information. While you are at the scene, collect evidence, take pictures, and write down the contact information of any witnesses.
  • File a police report. Filing a police report can protect your rights. It also is required in certain situations. For example, you must file a police report if you are involved in a crash that caused an injury or fatality or if the total property damage is $1,000 or more. You file the report with the local Minnetonka police station in person or by phone.
  • Obtain legal representation. A personal injury lawyer can advise you on pursuing a claim. They understand the law and can also understand the medical jargon doctors use to describe your injuries. Contact Milavetz Law, P.A. for a case evaluation as soon as possible.