St. Paul Car Accident Lawyer

Understanding Minnesota Car Accident Laws

No-Fault Insurance Laws in Minnesota

Minnesota is one of a handful of "no-fault" insurance states. This means that regardless of who caused the accident, your own insurance company is responsible for paying your basic economic losses through Personal Injury Protection (PIP) coverage. As your car accident attorney in St. Paul, we ensure you maximize these initial benefits under Minnesota Statute § 65B.44.

This system ensures that your immediate costs, such as medical bills and lost wages, are covered swiftly without needing to establish fault, minimizing the financial burden right after an accident. That doesn’t mean you’re barred from making a claim or filing a lawsuit against the at-fault driver. In cases where your injuries are severe or significant financial damages have occurred, pursuing additional compensation becomes crucial.

What Does PIP Cover?

By law, every standard Minnesota auto policy must provide at least $40,000 in PIP benefits per person:

• Medical Expenses ($20,000): Covers hospital stays, surgery, physical therapy, and diagnostic tests like MRIs.
• Non-Medical Expenses ($20,000): Includes 85% of your lost wages (up to a weekly maximum) and "replacement services" for chores you can no longer perform, such as housecleaning or yard work.

When Can You Sue the At-Fault Driver?

While PIP is the first line of defense, it rarely covers the full extent of a serious injury. To "step outside" the no-fault system and sue the other driver for pain, suffering, and additional damages, you must meet one of the tort thresholds defined in Minnesota Statute § 65B.51:

• Medical expenses exceeding $4,000;
• Disability lasting 60 days or more;
• Permanent disfigurement; or
• Permanent injury or death.

The Impact of Modified Comparative Fault in Minnesota

Minnesota follows a Modified Comparative Fault rule (Statute § 604.01). This means that even if you were partially responsible for the accident, you can still recover damages—as long as your fault is not greater than 50%.

• The 51% Bar: If a jury finds you 51% or more at fault, you are barred from recovering any compensation from the other party.
• Proportional Reduction: If you are found 20% at fault and your total damages are $100,000, your final award will be reduced by 20% to $80,000.

Insurance companies often try to shift blame onto victims to save money. As your St. Paul car accident lawyer, we anticipate these tactics and use our over 50 years of collective experience to fight back against unfair fault assessments.

Eligibility for Suing After a Car Accident in Minnesota

However, to do so, your case must meet specific criteria, including:

• Your total medical expenses exceeded $4,000 or
• You suffered any of the following because of the accident:
  • Permanent disfigurement
  • Permanent injury
  • Disability for 60 or more days

If your case meets the above thresholds and you are considering suing the at-fault driver, it's important to note that Minnesota has a 2-year statute of limitations on personal injury claims. Failing to meet this deadline may result in your case being dismissed. Speak with our St. Paul car accident attorneys for help determining your legal options for pursuing a lawsuit.

To seek just compensation, you must negotiate with the insurance company or convince a judge or jury that you're owed an award for damages. This part of the process can be daunting, especially if you don't have experience with these situations. At Rogosheske, Rogosheske & Atkins, PLLC, our auto accident attorneys in St. Paul are skilled at developing and presenting compelling arguments inside and outside the court. 

Our attorneys meticulously collect evidence, consult with relevant experts, and craft a strategic approach tailored to the specifics of your case to improve the likelihood of a successful outcome.

How Much Is My Car Accident Case Worth in MN

One of the questions we often get about car accident cases is what amount of compensation can be expected. Unfortunately, that's not an easy question to answer, as various factors must be considered. Factors influencing the total compensation include the severity of your injuries, the duration of your recovery, and any long-term impacts on your daily life or earning capacity. Each of these elements is thoroughly assessed to estimate your claim's value accurately.

You must calculate the economic damages you sustained. These include expenses and losses you suffered with actual dollar amounts attached, such as the cost of past and future medical treatment. You must also consider non-economic damages, such as pain and suffering. These can be more difficult to calculate because there isn't a set figure for them. Our team assists you in documenting these losses meticulously to ensure no aspect of your suffering is overlooked.

You must also consider the fact that Minnesota is a comparative negligence state. If you take your case to court, the judge or jury must determine whether you were responsible for the accident. If they determine you were partly at fault, the amount of your award is decreased by the proportion of your responsibility. 

For instance, if the judge or jury decides that you should receive $10,000 in compensation but also determines that you were 20% responsible, your award would be diminished by $2,000, leaving you with an $8,000 payout. Additionally, if you're found to be more than 50% responsible for the accident, you wouldn't be entitled to any compensation. Being aware of these details can help mitigate surprises in court, prompting a more favorable conclusion.

The Legal Process for a Car Accident Claim in St. Paul

The process for seeking just compensation can be complicated. It requires a thorough understanding of Minnesota's laws, ensuring you provide sound support for your claim, and submitting all necessary documents timely. At Rogosheske, Rogosheske & Atkins, PLLC, our St. Paul car accident lawyers can provide the compassionate and skilled legal guidance you need to navigate your case. 

Our team has over 80 years of combined experience and a thorough understanding of the statutes concerning these matters. We can explain the process and help you understand your rights to pursue compensation for accident-related expenses and losses you suffered. Additionally, we stay abreast of any changes in legislation that may affect your case, ensuring that our approach is always aligned with the current legal landscape.

Common Stages of a Car Accident Claim

• Initial investigation: Reviewing crash reports, gathering photos or video, interviewing witnesses, and examining road and traffic conditions that may have contributed to the collision.
• Medical documentation: Collecting complete medical records and information from health care providers to link your injuries directly to the accident.
• Claim evaluation and demand: Preparing and submitting a demand package that outlines your injuries, treatment, lost income, and other damages.
• Negotiations with insurers: Responding to questions, challenging low settlement offers, and providing additional documentation as needed.
• Litigation, if necessary: Discussing and pursuing a lawsuit in the appropriate court if a fair settlement cannot be reached, while keeping you informed about timelines and options.

Contact Our St. Paul Car Accident Attorney in St. Paul

When you hire us for your car accident case, our St. Paul attorneys will handle all the details to work toward just compensation on your behalf. We'll review police reports, medical records, and witness statements, and even conduct accident scene re-creation to build a solid legal strategy for you. Our dedicated team ensures that every aspect of your case is expertly handled, providing peace of mind during a tumultuous time.

Don’t wait to get the legal help you need. Contact a trusted St. Paul car accident lawyer online or call (651) 413-9004 now for a free consultation and start your path to recovery.