St. Cloud Personal Injury Lawyer
Types of Personal Injury Cases We Take
We can help with any type of personal injury. The types of cases we most often see are included below.
Manufacturers are liable when product defects, design flaws, or lack of appropriate warnings cause harm.
Common product liability claims include defective automobile parts, children’s products, tools, machinery, medical devices, medications, and foods. Some of the largest well-known product liability cases include:
- Philip Morris in 2002– $28.85 million to a woman with lung cancer for failing to provide proper warnings
- Dow Corning in 1988 – $3.2 billion in a class-action lawsuit for silicone breast implants that ruptured
- General Motors in 1999 – $4.9 billion in punitive damages for gas tank explosions that caused severe burns
Premises Liability (Slips and Falls)
Private property owners are liable for slips and falls caused by their negligence. Examples include:
- Uneven concrete
- Poorly maintained steps or stairs
- Trip hazards
- Walkways that are not cleared of ice, snow, or debris
- Poor lighting
- Poorly maintained or missing handrails
- Lack of warning signs
Animal Bites and Attacks
Minnesota §347.22places strict liability on pet owners whose animals attack without provocation. If a dog bites or attacks you, the City of St. Cloud’s Animal Control division offers the following tips to help you minimize injury and escape:
- Avoid screaming or running.
- Stand still and avoid eye contact.
- Remain motionless until the animal loses interest.
- Use any object you have as a barrier to biting, such as a shoe, purse, or jacket.
If you have been bitten or feel threatened by an animal, alert animal control by calling 320-252-0896.
The CDC estimates one in six, or 48 million, Americans experience foodborne illnesses annually, resulting in 128,000 hospitalizations and 3,000 deaths.
Food poisoning and food-borne illnesses can occur through products purchased from grocery stores, restaurants, food trucks, and vending machines. The City of St. Cloud’s Health and Inspections division regulates businesses that provide food to the public. Common violations include:
- Improper food, tool, or utensil storage
- Time and temperature control failures
- Poor hygiene
- Poor sanitation
According to a 2019 report, medical errors are on the rise in Minnesota. From October 2017 to October 2018, patients experienced 384 adverse health events, resulting in 118 serious injuries and 11 deaths. Minnesota §541.076 defines a health care provider as a doctor, dentist, therapist, or other health “physician, surgeon, dentist, occupational therapist, other health care professionals as defined in section 145.61, hospital, or treatment facility.”
When any health care provider causes injury by failing to provide the standard of care, it is medical malpractice.
The U.S. Bureau of Labor Statistics reported that approximately 3.5% of full-time employees in Minnesota experienced non-fatal injuries or illnesses on the job in 2020, an increase from 3.2% in 2019.
Minnesota is a no-fault state, which means you do not have to prove the employer was negligent to receive compensation. Workers’ compensation includes compensation for medical expenses and lost wages.
Accidents are the third leading cause of death in Minnesota. Wrongful deaths can lead to financial disaster for many families. The Minnesota wrongful death statute allows families to receive compensation, whether for an auto accident, defective product, fall, medical malpractice, or any other cause for which the deceased could have recovered damages had they lived.
How long do I have to file a personal injury claim in St. Cloud?
For most injuries, you have two years to file a lawsuit. The time limit varies based on the type of personal injury:
While this may seem a sufficient amount of time to file a claim, it is urgent that you contact an attorney right away to ensure evidence is gathered before any is lost and the attorney has ample time to prepare the case.
How much is my personal injury case worth?
Every case is unique, and compensation can vary widely. The factors that affect compensation include:
- The nature and severity of injuries
- The insurance coverage limits
- Assets of the responsible party
- The fault of each party
When fault is shared by multiple parties, it is known as comparative fault. Minnesota statutes allow you to receive compensation if you are partly at fault, as long as you are not more than 50% at fault.
You may be able to receive the following types of compensation:
- Economic damages – monetary damages related to the injuries, including medical expenses, property damage, and lost wages
- Non-economic damages – subjective damages resulting from injuries, including but not limited to pain and suffering, mental anguish, and loss of society, awardable only if total economic damages equal or exceed $4,000
- Punitive damages – damages awarded as punishment against a party whose deliberate disregard for the rights and safety of others caused the injuries
Minnesota does not limit the compensation you can receive.
What do I have to prove in a personal injury case?
To win compensation in most wrongful death cases, you must prove negligence by the other party. Negligence occurs in Minnesota when the following elements are present:
- The defendant owed a duty of care.
- The defendant breached that duty.
- You suffered an injury because of the breach.
Should I settle or go to trial?
While approximately 95% of cases settle without going to trial, no one can say with certainty what the best course of action will be in your case. Settling outside of court helps you receive your compensation sooner, and it removes the uncertainties of going to trial.
The attorneys at Milavetz Law, PA will work to settle your case outside of court. When the opposing party refuses to offer a fair and reasonable settlement, we are always prepared to take the case to trial.
Do I need a lawyer?
The Minnesota personal injury statutes would be difficult to navigate without an attorney. If you represent yourself, you will have to navigate against an experienced insurance company and its lawyers. This can be overwhelming, and it places you at a severe disadvantage.
Why Choose Milavetz Injury Law, P.A.?
We are proud of the results we have obtained for our clients as a result of our dedication, attention to detail, and compassion for our clients. We are a top-rated law firm in the Twin Cities with recognition by Thomas Reuter’s Super Lawyers, the American Association for Justice, and Minnesota Lawyers as Attorneys of the Year.
We have built our reputation by helping people in their time of greatest need. Our case results speak for themselves. Here are some of the awards we have won for our wonderful clients:
Over $2 million in settlements for Vioxx injuries
If you have been injured through negligence in any form, contact us right away. You can reach us by telephone at 763-560-0000.
We have offices in the following convenient locations:
- Brooklin Center in Minneapolis: 1915 57th Avenue North
- Roseville: 2332 Lexington Avenue North
- St.Cloud: 3700 West Division Street, Suite 111
- Coon Rapids: 2995 Coon Rapids Boulevard NW
- Edina: 7400 Metro Boulevard, Suite 100, Room 3
- Eagan: 4580 Scott Trail, Suite 218
- Forest Lake: 719WestBroadway Avenue, Suite E
- Delano: 127 Bridge Avenue E, Suite 223
- Minnetonka: 17800 Excelsior Boulevard
Frequently Asked Questions (FAQs)
All our offices are handicap-accessible, and we can come to you if necessary.
Always direct the opposing party, their attorney, or their insurance company to your attorney. Never admit fault, and never sign anything without your personal injury attorney present.
In most cases, you will not have to pay anything unless we win your case.