The Mn Criminal Defense, Personal Injury & Family Law Blog
How Are Damages Assessed In Cases of Personal Injury In Minnesota?
April 3, 2021
Are you a victim of an injury due to another individual’s negligence? If yes, you may be eligible to receive compensation from the person responsible for your injury. Minnesota law allows you to file a legal complaint and seek legal help.
The procedure for filing a claim for personal injury in Minnesota isn’t easy. So, it’s best to avail legal assistance from experts who have been in the trade for decades. They will help you determine the exact value of the compensation due to you and file a petition supporting your cause after a thorough investigation and analysis of the losses you’ve suffered.
Personal injury claims in Minnesota often have various aspects to them. So, it becomes essential to determine the total compensation that can be recovered. The scope of this post is to determine how damages are assessed in cases of personal injury in Minnesota.
Factors Affecting the Value of Damages in Minnesota Personal Injury Cases
Any personal injury claim is considered valid only if it is proven that you have suffered a loss of income or physical abilities due to your personal injury. However, to support the claim, relevant evidence must be furnished in the court of law.
You need to demonstrate a “loss of earning capacity,” i.e., the salary you may have lost because of your inability to attend work, and income from other sources was affected due to the injury. The claim considers the income that you are losing at present and that which you might lose in the future.
Factors such as loss of limb, mental disability, trauma beyond recovery, or severe sufferings from other impairments are also taken into account. An experienced personal injury attorney will guide you through the steps you must take to properly explain and file the lost income.
Costs Incurred during Medical Treatment
In personal injury cases, the cost incurred for your medical treatment will also be taken into account when determining the compensation.
The medical cost is added to the compensation amount. The final amount is furnished in the court as evidence by your lawyer. So, make sure you keep up with your doctor’s instructions, prescriptions, medical bills, and receipts. Remember that your compensation amount might get affected if you don’t seek immediate medical treatment after an accident.
An experienced personal injury lawyer in Minnesota will be able to help you with the dos and don’ts of calculating the medical expense and adding them to your personal injury claim.
The extent of Physical Injury
The extent of physical injuries plays a crucial role in determining the compensation amount. However, depending on the judge’s concerns, the court takes into account specific determinants into the calculation.
The conclusion of the inquiry-based on the doctor’s diagnosis and recommended treatment helps determine the severity of the injury and the compensation value as a whole. If the investigation reveals that you have knowingly or intentionally caused the injuries to yourself, you will lose the right to file a compensation claim.
Pain, Trauma, and Suffering
It’s challenging to quantify intangible elements such as trauma and pain. So, it becomes essential to avail the guidance of an experienced personal injury attorney to express the extent of your suffering.
Before filing your claim for personal injury in Minnesota, your lawyer will collect the testimony of a mental health professional and other medical experts to understand the extent of the trauma you have been through.
Their testimonials will help reveal how the accident limited your ability to work, lowered the quality of life for your family members, or tampered with your ability to think rationally. Depending on your specific case facts and how your lawyer represents your case, you may be entitled to additional compensation.
Your Role in the Injury
You may be severely injured in an accident, but that doesn’t guarantee you compensation. The court will ask if you had any role in causing the accident.
For example, if the injury caused to you was because you were not wearing your seatbelt or were over-speeding, your compensation claim will take a hit. Your personal injury attorney will guide you through every step if you are a victim of personal injury in Minnesota.
There’s no denying that assessing the damages in personal injury cases and quantifying them is a tough job. The complexity of such cases makes it essential to hire an experienced personal injury lawyer in Minnesota for help with overcoming every legal complexity. Their ability to present incriminating evidence and represent your case in the court of law will go a long way in helping you get the compensation you deserve.
Seek Help from Our Experienced Personal Injury Lawyer in Minnesota
At Carlson and Jones, P.A., we strive hard to ensure that justice is delivered. For over 55 years, we have been helping clients understand their legal rights and options. Our team conducts a thorough investigation of every personal injury claim and gathers evidence to help them get the rightful compensation. You can call our skilled lawyers at (855) 976-2444 or contact us through our online form to schedule a free consultation.