Consent is a concept that comes up frequently in Minnesota personal injury cases. However, many people do not realize that there are different types. The distinction between express consent and implied consent can play a major role in determining whether someone is liable for your injuries. Depending on the circumstances, the type of consent involved could strengthen your claim or create complications for it.
If you’ve recently been injured in an accident and have questions about whether consent is part of your case, a personal injury attorney can help you sort through the details. Until then, here is an overview of how Minnesota law treats these two forms of consent and why the difference is important.
What Is Express Consent?
Express consent is the most straightforward form, occurring when a person clearly and directly agrees to something without ambiguity. The person giving consent in this context knows exactly what they are agreeing to and communicates that agreement in an obvious way.
Express consent commonly appears in the medical context, for instance. Before a doctor performs a procedure, the patient is typically asked to sign a consent form that outlines the risks and benefits. This written agreement serves as proof that the patient understood what was going to happen and agreed to move forward.
This form of consent can also come up in the context of intentional torts, such as a sexual abuse case. In those cases, the victim’s lack of consent could serve as critical evidence of the perpetrator’s legal responsibility in both criminal and civil court.
What Is Implied Consent?
Implied consent is not stated outright and is instead inferred from the circumstances of the situation. Essentially, the assumption is that a reasonable person in the same position would understand that consent was being given based on what took place.
A common example arises in emergency medical treatment. If you are unconscious after a car accident and paramedics provide life-saving care, the law treats your consent as implied. You did not verbally agree to the treatment, but it is assumed that a reasonable person in that situation would want to receive it.
Minnesota also applies implied consent in the context of drunk driving. Per Minnesota Statutes § 169A.51, anyone who operates a motor vehicle on public roads has implicitly consented to chemical testing if an officer has probable cause to believe they are impaired.
How Can These Concepts Show Up in a Personal Injury Case?
Consent can play a big role in determining who is liable in a personal injury case. If the other side claims that you agreed to the risk that led to your injuries, the type of consent involved becomes an important part of the dispute.
Keep in mind that:
- Express consent is usually easier to prove. A signed form or verbal agreement should make it clear what you agreed to, so the question often becomes whether the other party went beyond what was covered.
- Implied consent can be harder to pin down. Without anything in writing, the two sides may see the situation very differently when it comes to whether consent was ever truly given.
Minnesota courts look at these disputes through the lens of what a reasonable person would have understood in the same situation. However, every case is different, so having an attorney review your specific facts ahead of time is a smart step to take.
Schedule a Free Consultation With a Minnesota Personal Injury Attorney at Hall Law Personal Injury Attorneys to Learn More
Were you injured in an incident and believe that consent may play an important role in your case? An experienced personal injury lawyer at Hall Law Personal Injury Attorneys can evaluate the facts of your situation and help you understand how these issues might affect your ability to recover compensation.
Most lawyers in this area of the law work on contingency, so you only pay attorney’s fees if you win compensation.
For more information, please contact an experienced personal injury lawyer at Hall Law Personal Injury Attorneys to schedule a free initial consultation today. We have three convenient locations in Minnesota, including Minneapolis, St. Cloud, and Edina.
We proudly serve Hennepin County, Stearns County, and its surrounding areas:
Hall Law Personal Injury Attorneys – Minneapolis
825 Nicollet Mall, Suite 615
Minneapolis, MN 55402
(800) 292-1979
Find us with our GeoCoordinates: 44.97514068188609, -93.27349979814521
Hall Law Personal Injury Attorneys – St. Cloud
1010 W St Germain St # 320
St Cloud, MN 56301
(320) 255-1000
Find us with our GeoCoordinates: 45.55903612908877, -94.16420517306956
Hall Law Personal Injury Attorneys – Edina
5200 Willson Rd #203
Edina, MN 55424
(952) 697-5560
Find us with our GeoCoordinates: 44.90963991439301, -93.34937342327198
