After being involved in an accident, you have to be aware of the legal concept of statute of limitations. Statutes of limitations are time periods provided by statute (law) that you have to either settle your case or start a lawsuit. If the statute of limitations period passes, and you have not taken the correct action, you will lose your right to pursue your personal injury claim.
Minnesota has many different statutes of limitations for personal injury cases. The most common types of personal injury claims are claims that are based on negligence of another party. In Minnesota, that statute of limitations for negligence claims is six years from the date of the incident. This means that you have six years from the date of the accident to start a lawsuit or settle your claim against the responsible party.
Taking appropriate legal action can help you recover fair compensation for medical costs, lost wages, and your pain, suffering, and emotional distress. Working with our St Cloud personal injury lawyers can ensure you do not miss your statute of limitations deadlines and provide you with the best chance of maximizing your recovery.
Factors That May Delay Your Personal Injury Claim
Although many people believe that personal injury claims are quick and straightforward, various factors can delay your personal injury claim and prevent you from getting timely compensation. Each case is unique and there are no hard and fast rules regarding how long your case will take to reach a resolution. An experienced personal injury lawyer, however, can help navigate your case and work with the involved parties to try to get an efficient resolution to your case.
Inadequate Medical Treatment
After being injured in an accident, our St. Cloud injury attorneys always recommend that victims seek medical treatment immediately. However, there are many instances where victims do not believe they have suffered serious injuries, which may lead to a delay in care.
When victims suffer injuries that are not visible to the eye, they may believe they are fine and be reluctant to seek medical attention. Without seeking appropriate medical treatment after an accident, your injuries will not be documented.
As medical records are a vital part of a personal injury claim, not having adequate documentation of injuries suffered in an accident can significantly delay how long it takes for a settlement.
Liability Disputes
Minnesota follows a comparative negligence rule when it comes to personal injury claims. As such, victims cannot recover compensation if they are found to be more than 50 percent responsible for an accident. Under this law, even victims who have some fault (less than 50%), still have the ability to recover compensation for any damages caused by the defendant. However, the recoverable damages are reduced by their percentage of fault.
Due to the comparative negligence laws in Minnesota, there are often disputes over who was at fault for causing the accident, and whether there was partial fault that reduces an injured person’s damages. When one party does not claim responsibility for the accident, it can cause significant delays, and even require a lawsuit and a trial to determine the issues as to fault.
Insurance Company Processes
Each insurance company has their own internal processes, which can sometimes cause delay in the resolution of a personal injury claim. This includes claim investigation, evaluation, and internal review and approvals. The more complex these processes are, the longer it can take for you to receive fair compensation.
Legal Challenges
Legal challenges can also hinder how quickly you are able to settle your personal injury claim. There are instances where attorneys will argue the statute of limitations, jurisdiction, and other procedural legal arguments to delay your claim’s progression.
Cases Involving Severe Injuries
Cases involving severe injuries or complex medical conditions resulting from an accident may take additional time. These delays are often a result of the complex medical assessments surrounding these cases. When victims sustain injuries that require long-term care, such as spinal cord injuries or traumatic brain injuries, evidence is needed to prove the severity of the injury and how long medical care is required.
As a result, severe injury accident claims often require consultations with specialists, expert opinions that accurately detail the extent of damages and the required medical care, and other critical evidence.
Cases with Multiple Parties
Determining liability can be incredibly complicated when multiple parties are involved. A thorough investigation is often needed to determine if one or more parties caused an accident to take place. It is also vital to identify the degree of fault that each party shares. In cases with multiple parties, there may be multiple insurance companies involved. Coordinating and negotiating with different insurance providers can lead to delays as they assess their respective policyholders’ liability.
The Presence of Pre-existing Conditions
Pre-existing conditions can have a significant impact on your personal injury claim. You may have had these health issues or injuries before the accident or incident that led to your current claim. Insurance companies often use pre-existing conditions to delay or deny your claim.
Insurance adjusters may argue that your current injuries are not solely caused by the accident but rather due to your condition. They might try to downplay the severity of your injuries and offer lower settlements because of this.
If you were harmed in an accident and want to file a personal injury claim, you must reach out to our injury attorneys in St. Cloud immediately. Our dedicated legal team will do everything possible to ensure you have all the evidence needed to avoid delays and get justice.
Call Our St Cloud Personal Injury Lawyers Now
The Minnesota law firm of Nelson Personal Injury has been dedicated to serving the community and helping those who have suffered from personal injuries or wrongful death since its founding in 1995. Our injury attorneys in St. Cloud remain committed to helping clients hold negligent parties accountable.
With a track record of successfully representing thousands of clients and recovering millions of dollars in compensation, Tim and Matt are committed to fighting for justice on behalf of their clients. Contact our St Cloud personal injury lawyers today for a free consultation and see how we can help you receive the compensation you deserve.
