Auto Insurance Claim in Minnesota
An auto insurance claim in Minnesota has two parts:
- Minnesota no-fault insurance benefits from your insurance company
- pain and suffering compensation and additional compensation from the at-fault driver’s insurance company.
Minnesota No-Fault Auto Insurance Claim
In Minnesota, auto insurance is no-fault, meaning a driver involved in a motor vehicle accident has a right to payments from the driver’s insurance company for basic economic loss, including medical expenses, income loss, replacement services loss and, if the injury causes death, funeral expenses, survivor’s economic loss and survivor’s replacement services loss. Minnesota no-fault auto accident law is found in Minnesota Statutes Sections 65B.41 to 65B.71.
The no-fault auto insurance benefits are paid by your insurer. Unless you purchased additional no-fault coverage, your insurer must “provide for a minimum of $40,000 for loss arising out of the injury of any one person, consisting of: (1) $20,000 for medical expense loss arising out of injury to any one person; and (2) a total of $20,000 for income loss, replacement services loss, funeral expense loss [$2,000 limit], survivor’s economic loss, and survivor’s replacement services loss arising out of the injury to any one person” (Minn. Stat. Sec. 65B.44(a).
Auto Insurance Claim for Pain and Suffering and Amounts Not Covered by No-Fault Insurance
Pain and suffering includes amounts for pain, disability, disfigurement, embarrassment, or emotional distress that an injured person has experienced or will experience in the future due to the negligence of another. In auto accident cases, it is generally an at-fault driver, but it is possible to recover against a construction company that leaves a hazard in the road or does some other negligent thing.
The following are some issues that are taken into account when determining the amount of pain and suffering for a Minnesota auto accident:
- The type, extent, and severity of the injuries
- How painful the injuries were
- The treatment and pain involved in that treatment
- The length of time the injury or harm lasted
- the expected future pain and suffering.
Again, pain and suffering is not recoverable under no-fault insurance. You must seek compensation for pain and suffering from the at-fault driver’s insurance company or another company that is at-fault for your auto accident. In addition, that same party can be pursued for payment of medical expenses, lost wages and other economic losses in excess of the no-fault insurance limits.
For a free consultation, call 1-888-377-8900 (toll free), 612-338-0202 or submit our free consultation form. Our Minneapolis attorneys have won millions for people in auto insurance claim cases involving personal injury and wrongful death. Attorney Fred Pritzker is listed in the current edition of The Best Lawyers in America.
Minnesota Cities: Twin Cities, Minneapolis, St. Paul, Rochester, Duluth, Moorhead, Mankato, Brainerd, Bloomington, Eagan, Eden Prarie, Apple Valley, Maple Grove, Edina, Plymouth, Minnetonka, Stillwater, Thief River Falls, Bemidji, Grand Rapids, Austin, Worthington, Woodbury, Maplewood, Golden Valley, Shoreview, Blaine, Anoka, South St. Paul, White Bear Lake, Roseville, St. Cloud, Arden Hills, Brooklyn Park, Forest Lake.
Motorcyclist Critically Injured in Isanti County, Minnesota Motorcycle Accident
A motorcyclist is in critical condition after his Harley Davidson motorcycle was in an accident that appears to be the fault of the driver of a Toyota Corolla, according to the Minnesota State Patrol.
The accident happened on August 16 at 6:56 p.m. on Highway 47 in Isanti County.
According to the accident report, the car was southbound turning left when it turned in front of the northbound motorcycle. The motorcycle hit the side of the car.
Minnesota Motorcycle Accident: Proving Fault
The Minnesota State Patrol Report can be used as evidence in a suit to obtain compensation for the motorcyclist who was critically injured in this accident. Accident reconstruction, testimonial evidence, the vehicles involved in the accident, and other evidence can also be used to prove fault.
It appears from the MN State Patrol Report that the driver of the car violated a traffic law when the driver turned in from of the motorcycle. If this is the case, a violation of a Minnesota traffic law is prima facie evidence of negligence, meaning it is considered negligence if the defendant fails to introduce evidence of an excuse or justification for violating the traffic law.
If the driver of the car was drunk, a bar, restaurant, or other establishment that sells alcohol may be liable for any damages to the motorcyclist under Minnesota dram shop laws. We have recovered over a million dollars in a dram shop case involving a passenger of a motorcycle who was seriously injured by a drunk driver.
Minnesota Motorcycle Accident: Cyclist Compensation
A motorcyclist injured by the driver of another vehicle may seek compensation for the following:
- Medical expenses
- Cost of care
- Lost income
- Pain and suffering
- Emotional distress
- Disability
- Disfigurement
- Loss of quality of life
- Other damages
The compensation package for the motorcyclist should include amounts for future expenses, losses and pain and suffering.
To contact Pritzker Olsen Attorneys for a free consultation about a Minnesota motorcycle accident, please call 612-338-0202, call 1-888-377-8900 (toll free) or submit our free consulation form.
Pritzker Olsen Attorneys have recovered millions for accident victims. Attorneys Fred Pritzker, Elliot Olsen and Eric Hageman have been named Minnesota Super Lawyers by Law & Politics, a Minnesota legal journal.
What should a family do when their loved one has been killed by a garbage truck?
Our law firm has handled both injury and wrongful death cases involving garbage trucks. When your loved one is killed by a garbage truck, the family should hire an attorney to do the following:
1) Gather and preserve evidence. At our law firm we immediately hire a private investigator. We also hire an accident reconstruction expert and other experts when necessary. This sounds expensive, and it is. We pay these expenses and don’t get paid unless you win. Because we have obtained several million-plus settlements and jury verdicts, we have the resources to hire the highest-quality experts. Contact us.
2) Determine what parties may be liable for your loss. Possible liable parties in a garbage truck accident case include the driver, the driver’s employer, the owner of the garbage truck (could be a company other than the employer), the company responsible for the maintenance, the manufacturer of the garbage truck or any part of the garbage truck.
3) Seek compensation for the family’s losses under the Minnesota wrongful death statute, Minnesota Statutes, section 573.02, for any of the following: 1) funeral expenses, 2) medical expenses, 3) lost potential earnings, 4) loss of care, 5) loss of comfort, 6) loss of companionship. Punitive damages can be recovered if it is clear that the defendant showed a clear disregard for the safety and rights of the deceased.
For a free consultation with one of our attorneys, please call 612-338-0202, call 1-888-377-8900 (toll free) or submit our free consultation form. We do not get paid unless you win.
Doctors See No Recovery for Hit-and-Run Victim
The family of a 26-year-old Apple Valley woman who was run over by a hit-and-run driver last Friday night while walking to Cub Foods has decided to end life support for her.
Family members of Joan LeVasseur said on a Caring Bridge internet web page that doctors have told them that there is no sign of a meaningful recovery. With “heavy hearts” the family said it has decided to take her off life support because they believe that is what she would want.
Previously, family members said that Joan suffered severe head trauma and brain injury in the accident, which happened shortly after 9 p.m. Police said Ms. LeVasseur was walking in a crosswalk at Cedar Avenue and 153rd Street in Apple Valley when a vehicle struck her and drove away. She is engaged to be married.
Based on a tip from the public, Apple Valley Police said they later recovered a 2003 Ford Focus sedan that they believe has front-end damage from striking Ms. LeVasseur. Capt. Jon Rechtzigel told the Star Tribune the vehicle and residents of the house where the vehicle was recovered are closely associated, but he declined to elaborate. He said the residents are hiring a lawyer and are not talking to the police.
The car was found in a residential garage about a mile south of the accident scene.
Motor vehicle accidents are a major cause of traumatic brain injury. Even a minor accident may result in brain injuries. At PritzkerOlsen Attorneys, our Minnesota traumatic brain injury lawyers understand the importance of obtaining just compensation for victims and families. To contact our firm, call 1-888-377-8900 (toll free) or complete a free online consultantion form.
