Imagine driving home from work when another driver runs a red light and crashes into your car. Or perhaps you’re shopping in a grocery store when you slip on a wet floor that the store employees knew about, but did nothing about. In both cases, you may have the right to pursue compensation for your injuries, but only if the other party was negligent.
Negligence is the foundation of most personal injury claims in Minnesota. If you were injured due to someone else’s careless actions, you may be able to recover damages. However, proving negligence isn’t always straightforward, so working with a St. Cloud personal injury attorney is crucial to make sure you present the strongest case possible.
The Legal Definition of Negligence
Negligence occurs when a person or entity fails to exercise reasonable care, causing harm to another. Under Minnesota law, there are four essential elements to proving negligence in a personal injury case:
- Duty of Care – The defendant owed a duty of care to the injured party. For example, drivers owe a duty of care to others on the road, and property owners owe a duty of care to those present on their property. That duty is to act as an ordinary reasonable, or prudent person would act in the same circumstances.
- Breach of Duty – The defendant failed to uphold their duty. A driver who texts while driving or a store owner who ignores a hazardous spill would be in breach of their duty.
- Causation—The defendant’s breach directly caused the plaintiff’s injuries. This means proving that the accident wouldn’t have happened without the defendant’s actions.
- Damages – The plaintiff suffered actual harm, such as medical bills, lost wages, or pain and suffering.
Without all four elements, a personal injury claim may not be successful. That’s why an injury attorney in St. Cloud can help build a strong case using evidence like medical records, accident reports, and expert testimony.
Minnesota’s Comparative Fault Law
Minnesota follows a modified comparative fault system (Minn. Stat. § 604.01). This means that even if you are partially at fault for an accident, you may still recover compensation. However, your percentage of fault will reduce your total damages.
For example, if you are found to be 20% at fault in a car accident and your damages amount to $100,000, you would only receive $80,000. However, you cannot recover compensation if you are more than 50% at fault.
A top-rated injury law firm in St. Cloud will carefully analyze the facts of your case to minimize any assigned fault and maximize your recovery.
Common Examples of Negligence
Negligence can take many forms, but some of the most common examples in personal injury cases include:
- Car Accidents—Distracted driving, speeding, and failing to yield can all be considered negligent behaviors. According to the Minnesota Department of Public Safety, distracted driving contributes to nearly one in nine crashes in the state.
- Slips and Falls—Property owners must maintain safe premises. They may be liable if a store leaves a spill unattended or a landlord ignores hazardous stairwells. They can also be negligent if they fail to warn of dangerous or hazardous conditions present on the property.
- Medical Malpractice – When doctors or healthcare providers fail to meet accepted medical standards, they can be held responsible for any harm caused.
Regardless of how negligence occurs, an experienced personal injury lawyer in St. Cloud can help determine liability and fight for fair compensation.
Proving Negligence in a Personal Injury Claim
Building a strong negligence case requires substantial evidence. A St. Cloud personal injury attorney will gather key documentation such as:
- Accident Reports – Police or incident reports can provide an official record of the event.
- Medical Records – Detailed records help establish the extent of your injuries and the cost of treatment.
- Eyewitness Testimony – Statements from witnesses can confirm how the accident occurred.
- Surveillance Footage – Video evidence can be invaluable in proving negligence, particularly in slip-and-fall cases.
- Expert Testimony – Medical or accident reconstruction experts can provide insights to support your claim.
In Minnesota, the statute of limitations for most personal injury claims based on negligence is six years from the date of injury. Failing to start a lawsuit or settle your claim within this time period could result in losing the right to compensation. A top-rated injury law firm in St. Cloud can ensure all deadlines are met and your case is handled properly.
What Compensation is Available for a Negligence Claim?
If negligence is proven, you may be entitled to compensation for:
- Medical expenses – Hospital bills, rehabilitation, and ongoing treatment costs
- Lost wages – Income lost due to inability to work
- Pain and suffering – Physical and emotional distress caused by the injury
- Property damage – Costs to repair or replace damaged personal property
- Punitive damages – In rare cases, when the defendant’s actions are especially reckless or intentional
A personal injury lawyer in St. Cloud can assess the full impact of your injuries and fight for maximum compensation.
Why You Should Speak with a Personal Injury Attorney
Navigating a negligence claim can be overwhelming, especially when dealing with insurance companies that try to minimize payouts. Insurance adjusters may attempt to shift blame onto you or offer low settlements that don’t cover your full damages.
Working with a St. Cloud personal injury attorney ensures your rights are protected. Your attorney will handle negotiations, gather evidence, and, if necessary, take your case to trial to seek the justice you deserve.
If you or a loved one has been injured due to someone else’s negligence, don’t wait. Contact a top-rated injury law firm in St. Cloud today to discuss your legal options and take the first step toward recovering the compensation you deserve.
