The Mn Criminal Defense, Personal Injury & Family Law Blog
Personal Injury Lawyers in Brainerd Bust 5 Common Myths
January 16, 2021
When you are involved in a car crash, you need to get the required medical attention immediately. The aftermath of a car crash is never easy to deal with. You will most likely end up with expensive medical bills, little or no income, and maybe even a permanent disability.
To recover these losses, you will need to file a personal injury claim. While this is the best course of action, you need to ensure to do it right. Unfortunately, there are a lot of myths flying around about the personal injury claims process. As a result, most people either fail to file a lawsuit or settle for less.
Let’s take a closer look at the most common myths surrounding personal injury claims.
1. Minnesota Personal Injury Claim Takes Years
Probably the most common myth is that a Minnesota personal injury claim can take years to resolve. The truth is, each personal injury claim is unique, making it difficult to determine the exact timeline. Usually, a complicated case may take longer to resolve than a simple one.
The timeline will also change depending on whether your case goes to trial. Trials are usually lengthy and expensive. However, most personal injury cases don’t go to trial. Most cases get resolved the moment both parties reach a reasonable settlement. To get a better idea of how long your case can take, make sure to consult experienced personal injury lawyers in Brainerd.
2. Fault Doesn’t Matter in Minnesota
When it comes to car crashes, Minnesota is one of the few no-fault states in the US. In this system, your own insurance company will cover your medical bills, lost wages, and replacement expenses. You will get this compensation regardless of who caused the accident.
However, the insurance company will cover these costs only up to your Personal Injury Protection or PIP limit. Also, you can’t claim compensation for your pain and suffering and other non-monetary damages under the no-fault system.
If you have incurred medical expenses of more than $4000 and/or suffered 60 days of disability, permanent injury, or permanent disfigurement, you can step outside of the “no-fault” system. As you will be pursuing a claim against the at-fault person, you will need to prove the fault. When you step outside the no-fault system, you can claim compensation for pain and suffering and other non-monetary damages.
3. You Don’t Need a Lawyer
Technically, you can file a personal injury claim on your own. However, the Minnesota personal injury law is quite complicated, making it difficult for you to get the best possible compensation. Furthermore, most insurance companies are looking to save money. As a result, they will offer the lowest possible compensation and try to settle the case as quickly as possible.
It is also possible that your minor injuries may develop complications down the line, resulting in considerable medical expenses. Each hospital visit will dig a hole into your savings. As a result, you are better off hiring one of the most experienced personal injury lawyers in Brainerd, no matter how minor your injuries look.
4. You Can File a Claim Anytime You Want
When you are in a car crash, you need to focus on your treatment first. However, you cannot wait to file your personal injury lawsuit until you have fully recovered. Serious injuries can take weeks or even months to heal. In Minnesota, there is a strict time limit for filing a personal injury lawsuit.
As per Minnesota’s personal injury statute of limitations, you have a two-year deadline for filing a personal injury lawsuit. The deadline begins on the date of the said accident. In most cases, filing a claim after the deadline will result in immediate dismissal.
However, there a few exceptions when you are allowed to file a lawsuit even after the deadline has passed. Most personal injury lawyers in Brainerd can tell you how the statute of limitations applies to your claim only after a careful review. Make sure to consult an attorney soon.
5. Partly At-Fault Means Zero Compensation
You can file a personal injury claim though you were partly responsible for the accident. In Minnesota, the court offers each party a fault rating. You will receive compensation based on your rating.
If you have a lower fault rating, you are likely to receive higher compensation and vice versa. You must, however, remember that these rules apply if you step outside the no-fault system. Also, there are no guarantees of how much compensation you will receive or whether you will receive it at all.
More often than not, insurance companies use every possible defense to avoid paying. The smartest thing to do is hire an attorney with an excellent track record and experience.
Given the amount of misinformation out there, making an informed decision when filing a personal injury lawsuit is not easy. To help you find the truth, we have debunked the five most common myths associated with filing a personal injury claim in Minnesota. Hopefully, these tips will help you decide your next course of action.
Consult the Leading Personal Injury Lawyers in Brainerd Today!
If you or your loved one has been in a car crash in Minnesota, there is no need to look beyond Carlson & Jones, P.A. to fight for your rights. As one of the best personal injury lawyers in Brainerd, we will help you get fair compensation. You can call us at (855) 976-2444 or contact us online to know how we can help.