After establishing that a legitimate case exists, the plaintiff's lawyer will file a personal injury claim in the appropriate civil court. The litigation phase begins when you and your lawyer file a personal injury lawsuit in court. The filing of the lawsuit sets the clock on when the case could go to trial. Each state's pretrial procedures are different, but it will generally take one to two years for a personal injury case to go to trial.
Keep in mind that a lawsuit must be filed within the strict time limits that each state has set out in a law called a statute of limitations. Most decisions are made at the end of a court trial; however, some are not made for several days. If successful, the amount of damage you receive will depend on the nature of your accident, the amount of pain and suffering you experienced, and whether you are also at fault or not. Minnesota follows what is known as the comparative fault doctrine.
This means that if you are found to have been partially negligent, your damages will be reduced by that amount. For example, if you are at fault by 25%, your payment will be reduced by a quarter. Sometimes insurance companies refuse to make a fair solution offer. If this happens to you, your only course of action may be to pursue your losses by filing a lawsuit.
If your case goes to trial, your lawyer will handle all the paperwork related to filing a lawsuit and represent you in court. Importantly, filing a lawsuit doesn't always mean you won't reach a settlement, because sometimes, the threat of litigation is enough to get the insurance company to make a better offer. Getting Fair Compensation (“Damages”) for Personal Injury in Minnesota Can Be Difficult. Each case is different and each person has different treatment and recovery needs.
The Minnesota Supreme Court has stated that “there is no fixed standard by which personal injury damages can be determined. Colgan V. Raymond, 146 N, W, 2d 530 (196) Accident and injury lawsuits can take many forms, but the basic stages of a personal injury case generally remain constant. FindLaw's Stages of a Personal Injury Case section provides a basic overview of the different stages of a typical personal injury case, and some information about each stage.
In this section, you can also find articles that explain what to expect when meeting with an attorney, what initial filings are involved in court, what happens in a personal injury trial, and how to collect a judgment. It's important to note that most personal injury disputes are resolved before trial through informal settlement negotiations, alternative dispute resolution, or dismissal of the case. Your lawyer should explain each step to you, but here you can learn the basics of complaints, responses, and other motions involved at the start of a lawsuit. Many cases are resolved through Motions to Dismiss and other motions that ask the court to cut the case before trial.
Far More Injury Lawsuits Resolved Than Going to Trial. Know the basics of agreements, as well as the factors you need to consider. After the civil action has been filed with the court and the lawsuit has been answered, the motion and discovery process begins. During this period, there will be several deadlines that will apply to discovery requests and motions.
Unless you plan to file a pro-se application, then your lawyer will be able to keep track of these various deadlines for you. You may realize this sobering truth now, having suffered a personal injury or watching a loved one struggle to recover from a. Personal injury cases are often very complicated matters that require a lot of attention to detail. Before you file a personal injury lawsuit in Minnesota, you probably have a lot of questions about how the state's legal system works.
Personal injuries include a variety of injuries to a person's body, emotions, or reputation, in contrast to property rights injuries. If you have been injured and believe someone else is responsible for your injuries, you may want to contact a local personal injury lawyer to discuss your legal options. If you've been injured in any type of accident that looks like it was someone else's fault, you may be wondering what to expect in a typical personal injury case, including how long it takes. However, Minnesota personal injury lawsuits tend to progress through a similar time frame, although most cases are resolved out of court and will not reach.
For anything other than a very minor claim, it's usually a good idea to talk at least about your situation with a personal injury lawyer. Symptoms of such injuries can be delayed; even traumatic brain injuries may have no symptoms until hours later. Unfortunately, this is just what many insurance companies, and even some personal injury lawyers, will try to do. .