Welcome to Nelson Personal Injury, LLC, a premier personal injury law firm providing representation in Brainerd, Minnesota. We stand by your side in the aftermath of an accident, during life’’s most challenging moments, offering professional guidance and support.
Personal injuries can be devastating, impacting your physical and mental well-being and leaving you with hefty financial burdens, such as medical expenses and wage loss. Understanding the complexity of these situations, we commit ourselves to navigating the intricate landscape of personal injury law. Through our representation, we will help you
understand Minnesota’s unique legal nuances, from the concept of negligence to Minnesota’s comparative fault law, ensuring you’re well-equipped to secure the justice you deserve.
Here, you can learn more about the importance of personal injury lawyers, their roles, and the laws governing personal injury in Minnesota.
If you need immediate legal representation for your personal injury claim in the Brainerd area, we are here to help. Contact our office to schedule a free consultation.
Understanding Personal Injury Law in Minnesota
Personal injury law encompasses many types of accidents and injuries. Car accidents, motorcycle accidents, dog bites, slips and falls, are just a few of many types of accidents that fall under the personal injury umbrella. Most personal injury claims are based off of the concept of negligence, which is defined as the failure to act with reasonable care, resulting in harm to another person. In Minnesota, individuals can pursue a personal injury claim if they’ve sustained an injury due to someone else’s negligence.
Minnesota’s Comparative Negligence Rule
Unique to each state, Minnesota operates under the comparative negligence rule. This rule permits the injured party to recover damages, even if they were partially at fault for the incident. However, the injured party’s percentage of fault cannot exceed the other party’s percentage of fault.
The compensation received by the injured person will be reduced by the percentage of their fault. This highlights the necessity of a personal injury lawyer who can negotiate and argue your degree of fault to maximize your compensation.
Time Limit for Filing a Personal Injury Lawsuit in Minnesota
Minnesota law stipulates a six-year statute of limitations for personal injury cases based on negligence. This means you have six years from the date of the injury to settle your claim or commence a lawsuit. Although this might seem like a long time, contacting a lawyer as soon as possible is essential so that your rights are protected, as failing to adhere to the statutes of limitations is a complete bar to your claim.
Common Personal Injury Claims Filed in Brainerd
Personal injury claims can be the result of various types of incidents. In Brainerd, Minnesota, several personal injury claims are more common than others. Knowing these can help you identify when you might have a potential claim.
Car accidents are among the most frequent personal injury claims filed in the Brainerd area. These accidents can result in severe injuries such as broken bones, whiplash, spinal cord damage, and even traumatic brain injuries. Factors contributing to these accidents often include distracted driving, drunk driving, speeding, and disregarding traffic laws.
Slip and Fall Incidents
Slip and fall incidents, known as premises liability claims, are common in Brainerd due to the harsh, icy and snowy winter weather. These accidents can occur anywhere -– in grocery stores, on icy sidewalks, or in poorly maintained buildings and properties. Owners and occupiers have a legal obligation to keep their premises safe. If their negligence leads to an injury, they can be held liable for the injured person’s damages.
Medical malpractice occurs when a healthcare provider fails to meet the required standard of care causing injury and damages. These claims can involve various scenarios, such as surgical errors, incorrect diagnoses, improper treatment, and failure to inform the patient about the risks associated with a procedure.
Workers’ Compensation and Work Injury Claims
Workers’ compensation claims are prevalent in almost every employment setting. Employees who get injured on the job can file a workers’ compensation claim to cover their medical expenses and lost wages. If a third party, not associated with the employee, caused the accident, the injured worker may also have what is called a third party liability claim.
Dog Bite Claims
Minnesota has strict liability laws regarding dog bites. If a dog injures someone, the dog’’s owner is typically held liable, regardless of whether the dog has shown aggressive behavior in the past or whether the owner was negligent in some respect. These laws ensure owners are responsible for their dogs and take necessary precautions to prevent dog bite incidents from occurring.
Understanding these common personal injury claims can help you identify when you might be entitled to compensation. If you’ve suffered from a similar incident, a personal injury lawyer can help you navigate the legal process, ensuring you receive the justice and compensation you deserve. Serving Brainerd, Minnesota, and the surrounding area, Nelson Personal Injury, LLC is committed to offering comprehensive legal services to those in need.
Types of Compensation You Can Recover from a Personal Injury Claim
Your out of pocket expenses can add up quickly when you’ve suffered a personal injury. The law recognizes this burden and allows for the recovery of various types of compensation to help mitigate the impact. Here are some of the primary types of damages that you may be able to claim in a personal injury lawsuit.
Medical expenses are often the most substantial cost following a personal injury. Compensation for these expenses can cover past and future medical bills associated with the injury. This includes hospital stays, surgeries, physical therapy, prescription medication, and any necessary medical equipment. If your doctor believes you will require future medical expenses, you are also allowed to recover the value of the projected future medical treatment.
If your injury has resulted in time off work, you can recover compensation for lost wages. This also includes loss of earning capacity if the injury has impacted your ability to work at the same level as before or at all.
Pain and Suffering
Pain and suffering damages compensate an individual for the physical pain and emotional distress experienced due to the injury. Calculating these damages can be complex, as they involve assessing the severity of the pain and the impact on the individual’s enjoyment of life.
If the incident that caused your injury also damaged your property, such as a vehicle in a car accident, you could be compensated for the cost of repairs or the property’s fair market value.
In some cases, where the defendant’s conduct is found to be particularly egregious or malicious, the court may award punitive damages. These damages are designed to punish the defendant and deter similar behavior in the future.
Wrongful Death Damages
The decedent’s family members may file a wrongful death claim if a personal injury results in death. Damages can include compensation for funeral and burial costs, economic damages like medical expenses and wage loss, as well as pecuniary damages like loss of companionship, guidance, and comfort.
Obtaining the compensation you deserve following a personal injury requires skilled legal representation. A personal injury lawyer can calculate a fair value for your claim and advocate on your behalf, ensuring you’re adequately compensated for the losses you’ve experienced.
At Nelson Personal Injury, LLC, we’re committed to providing you excellent client service, using our extensive experience in the field, to help you navigate the complexities of your personal injury claim in Brainerd, Minnesota.
The Role of a Personal Injury Lawyer in Brainerd, Minnesota
Navigating the legal landscape following a personal injury can be complex. This is where Nelson Personal Injury, LLC comes in, providing comprehensive support and professional advice.
Initial Consultation and Case Evaluation
At Nelson Personal Injury, LLC, your first consultation is free. During this meeting, the lawyer will gather information about your case, evaluate the facts of your case, consider the applicable laws, and determine whether you have a valid personal injury claim. This assessment ensures you don’t waste time or resources on a claim that won’t stand up in court.
Gathering Evidence and Investigating the Claim
After accepting your case, your lawyer will start an exhaustive investigation, gathering all necessary evidence. This includes police reports, medical records, and witness statements. The lawyer may also hire experts to reconstruct the accident scene or to give a professional opinion about your injuries and prognosis.
Negotiating with Insurance Companies
A crucial role of your lawyer is to negotiate with the insurance company involved. Often, insurance companies will attempt to offer lower settlements to save money. Your personal injury lawyer atfrom Nelson Personal Injury, LLC will skillfully negotiate on your behalf, ensuring you get the compensation you deserve.
Taking Your Case to Trial
Your lawyer won’t hesitate to take your case to court if negotiation efforts fail. They will present your case to a judge or jury, putting forward a compelling argument backed by the evidence.
Choose Nelson Personal Injury, LLC in Brainerd, Minnesota, for Help with Your Personal Injury Claim
When facing the aftermath of a personal injury, you don’t have to navigate the legal system alone. The Nelson Personal Injury, LLC team, serving Brainerd, Minnesota, is dedicated to serving you with the utmost professionalism and compassion, helping you secure the justice and compensation you deserve.