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Personal injury litigation is subject to different regulations in every state. To bring a case in Minnesota it is very important that you consult an experienced Minnesota personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Alabama can arise from negligence or intentional wrongdoing.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Alabama can arise from negligence or intentional wrongdoing.
In Minnesota you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In Minnesota personal injury lawsuits you can still recover damages even if your own negligence contributed to the injury. Minnesota follows a doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their share of the blame in the injury. Under Minnesota law a plaintiff cannot recover damages if they were more negligent than the defendant.
Minnesota personal injury law follows a hybrid doctrine of joint and several liability when determining liability between defendants. Joint liability holds all defendants responsible for the full amount of the damages. Under Minnesota law a plaintiff can recover all of the damages from any liable defendant. The defendants must sort out their separate liabilities amongst themselves.
Minnesota law limits the compensation for loss of companionship, emotional distress and embarrassment to $400,000. State law does not limit other forms of non-economic damages such as pain as pain and suffering.
Minnesota law requires a plaintiff to show that the defendant acted with deliberate disregard in order to receive punitive damages. Punitive damages are awarded in a separate hearing only after liability has been prove in the trial.
In Minnesota you have six years to file a personal injury claim for most cases arising from negligence under the states statute of limitation. However, for medical malpractice and defective product cases you only have four years to file a claim.
If you are considering pursuing a claim in Minnesota you need the counsel of a personal injury attorney who understands the nuances of Minnesota law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.
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