When you get into an accident that wasn’t your fault, Minnesota law allows you to pursue compensation from them by filing a legal claim. This is true whether you were involved in a car accident, motorcycle accident, or any other injury-causing situation, such as sexual abuse.
However, the at-fault party likely won’t willingly pay the full value of your claim. That’s why the law creates financial liability when certain legal elements (facts) are present. Even then, you’ll have to prove the extent of your damages to recover all the money you are entitled to.
You might wonder whether your personal injury case will go to trial. The short answer is many do not, but there are important reasons for bringing cases to trial in certain circumstances. Read on to learn more about how personal injury claims work and why some reach the trial stage.
The Insurance Claims Process
Motor vehicle accident cases especially (but most others as well) start off as insurance claims almost every time. Minnesota is considered a “no-fault” state for auto accidents, which means your options might be limited depending on factors like how serious the crash was. A Minneapolis personal injury lawyer can help you evaluate what you should do during your free consultation.
Either way, know that the insurance company is not on your side. These are businesses out to make a profit, which they do by collecting monthly payments from you. They lose money when they pay out a claim.
Because of this setup, be very careful when dealing with insurance companies. They will utilize tactics designed to reduce or even eliminate their legal responsibility for your losses. Ideally, you will have your lawyer handle all the communications.
Settlement Negotiations
If you hire a lawyer for your case, they will send a demand letter to the insurance company outlining all of your damages and asking for compensation. The insurance company will likely either deny your claim or respond with an offer that is for much less than its full value.
This will kick off the settlement negotiation process between your attorney and the insurer. These negotiations usually result in a fair agreement, but that’s not always the case. Sometimes, the insurance company won’t make an adequate offer or won’t accept liability at all.
Reasons Your Case Might Reach Trial
The unique facts and circumstances of your case will, among other factors, determine whether it goes to trial. As mentioned just above, two primary reasons this could happen are if the defendant refuses to offer a fair settlement or if liability is in dispute.
When your lawyer files a lawsuit and takes your case to court, they can gather more information that is in the other party’s possession. This is called pretrial discovery. For example, your lawyer can send “Requests for Production” of documents and other similar items that the other party must follow unless an exception applies.
Settlement negotiations can still continue throughout the litigation process in court. So, even if a lawsuit is filed, that doesn’t mean your case will go all the way to trial. A trial happens when a settlement can’t be reached even after discovery and other pre-trial steps occur.
Certain cases involve complex issues, such as those related to medical malpractice. If these issues cannot be evaluated out-of-court, a lawsuit might be necessary or at least in your best interest.
What Damages Can I Recover by Filing a Personal Injury Claim?
You can receive economic damages as well as non-economic damages by filing a personal injury claim in Minneapolis. These are referred to as “compensatory damages.” Punitive damages are possible only in rare cases.
Economic damages are for your financial expenses. For example:
- Property damage
- Medical bills
- Miscellaneous out-of-pocket expenses
- Lost wages
Non-economic damages are for your more subjective kinds of losses. These include:
- Pain and suffering
- Loss of quality of life
- Mental anguish
- Emotional distress
Under state law, punitive damages require “clear and convincing evidence” that the other party acted with “deliberate disregard for the rights or safety of others.” These damages are also only potentially available if your case goes to trial.
How Can a Lawyer Help With My Case?
A personal injury lawyer’s primary goal is to recover as much compensation for you as possible, whether that means taking your case to trial or otherwise. Some of the things they can do to help you include:
- Conducting an investigation
- Collecting evidence
- Documenting all your damages
- Responding to allegations of blame
- Handling the paperwork/communications
- Negotiating on your behalf
- Leveraging experts to strengthen your case
- Filing a lawsuit if necessary
If you need to file a lawsuit for your case, you will almost certainly need an attorney to help you. This is even more true if your case goes to trial.
Insurance companies and other liable parties understand that they need to take the matter seriously if the victim is represented by an attorney who is skilled in the courtroom. For that reason alone, you might actually receive a higher settlement offer–especially if the other party doesn’t want to spend the resources to defend the case in court or at trial.
Contact Our Experienced Minneapolis Personal Injury Attorneys for Legal Help
You may be entitled to compensation after sustaining a personal injury in Minneapolis, Minnesota. Although your case probably won’t make it to trial, it can benefit you to take that step in some instances. Knowing what your best course of action is from the start can help you navigate the process more effectively.
Contact our Minneapolis personal injury lawyers at Hall Law today to learn about your legal rights and options. We work on a contingency fee basis, which means you can hire us without paying anything upfront.
From there, you only pay attorney’s fees if we secure compensation for you. You can call us at (800) 292-1979.
Visit Our Law Office In Minneapolis, MN
Hall Law Personal Injury Attorneys – Minneapolis
825 Nicollet Mall, Suite 615
Minneapolis, MN 55402
Phone: (800) 292-1979
Hours: Mon – Fri 8:00 AM to 5:00 PM
