St. Paul Car Accident Lawyer

Minnesota is a no-fault car insurance state. What that means is if you're involved in an accident, you must first file a claim with your insurance company to seek compensation for expenses.

That doesn’t mean you’re barred from making a claim or filing a lawsuit against the at-fault driver.

Eligibility for Suing After a Car Accident in Minnesota

However, to do so, your case must meet certain 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 you must 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 types of situations. At Rogosheske, Rogosheske & Atkins, PLLC, we are skilled at developing and presenting compelling arguments both inside and outside of court.

How Much Is My Car Accident Case Worth in MN?

One of the questions we get most often 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.

You must calculate the economic damages you sustained. These include expenses and losses you suffered that have actual dollar amounts attached to them, such as the cost for 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.

You must also consider the fact that Minnesota is a comparative negligence state. This means that if you take your case to court, the judge or jury must determine whether you had any responsibility 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.