Minnesota No-Fault Law
We get a lot of questions about Minnesota no-fault law (Minnesota Statutes, Sections 65B.41 to 65B.71).
What does my insurance company have to pay?
Under Minnesota no-fault law, a driver involved in a motor vehicle accident has a right to payments from his or her insurance company for basic economic loss, including the following:
- Medical expenses
- Income loss
- Replacement services loss
If the driver dies in the accident, his or her family can make a claim against the decedent’s insurance company for the following:
- Funeral expenses
- Survivor’s economic loss
- Survivor’s replacement services loss.
How much money will I get from my insurance company?
According to the Minnesota no-fault laws, insurance companies covering automobile accidents in Minnesota 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). This is minimum coverage. You may have paid for additional coverage. If you have been in an accident and would like an attorney at our office to represent you, we will review your coverage amounts and make sure your insurance company pays all amounts required under the Minnesota no-fault law and your contract with your insurance company.
Do I get any money from another driver’s insurance company or another party?
Although Minnesota no-fault law does not provide for payments for pain and suffering, disfigurement, and emotional distress, you may have a claim against the driver of the other vehicle or another party.
Possible liable parties:
- Drivers of the vehicles involved in the accident
- Owners of the vehicles involved in the accident
- Dram shops (places where liquor is sold)
- Manufacturers and others associated with the manufacture and sale of the vehicles involved in the accident
- If there was a hazard in the road that caused the accident, the parties responsible for the hazard
To discuss your Minnesota auto accident case with a Minnesota car accident lawyer at PritzkerOlsen, please call toll-free at 1-888-377-8900 or submit the firm’s online free case consultation form.
Pain and Suffering
What frightened Sully about this new, more intense pain in his knee was its relentlessness. As a boy, he had not realized what his father must have known, that pain could have a cumulative effect. Your ability to withstand it had much to do with your ability to catch your breath between its assaults. The pain in Sully’s knee had not truly worried him as long as bad days alternated with good ones. But now he was beginning to suspect that the periods of respite, the troughs in the wave that had so far allowed him to prepare for the peaks, were beginning to disappear. Anymore, it was rare for him to sleep more than four hours a night, and even these hours were tinged with dream pain. Even the self of his dreams was hobbled now, and when he awoke it was with the sensation that he hadn’t really been asleep.
Richard Russo “Nobody’s Fool” © 1993 p. 135
The injured party in a personal injury claim is entitled to monetary compensation for what is known as pain and suffering. There is no precise definition for pain and suffering but I believe the passage quoted above underscores devastating long-term consequences of pain. If your case goes to trial, a jury will typically be asked to consider an award of past pain and suffering and future pain and suffering. In most states, including Minnesota, that jury is typically instructed something like this:
Items of past or future damages for bodily and mental harm:
Any pain, disability, disfigurement, embarrassment, or emotional distress that the plaintiff has experienced up to the time of your verdict or will experience in the future.
It is difficult to put an exact value on these items that are not necessarily decided on a daily or hourly basis. You should consider:
- 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;
- Any other factors you think are relevant.
When we try to settle your case out of court, we ask the insurance company to consider the circumstances of your case. This includes the amount of pain and suffering that you have had to endure in the past and that you will have to endure in the future. The insurance company will assess the value of that claim based on what they believe a jury would award for that category.
My experience as a seasoned trial lawyer confirms that it is always a challenge to convince a jury to make a large award for pain and suffering. It is human nature to be somewhat skeptical of any claim that cannot be proven with absolute certainty. For many people, pain and suffering remains an indefinable concept. Many jurors are uncomfortable awarding money damages for pain and suffering where they don’t believe that money will make a difference. In contrast, in a case with large medical bills expected in the future, juries typically see the claim as more tangible and concrete. Therefore, the best and highest verdicts tend to come in cases where there is a large claim for wage loss or medical expenses.
When I represent you, it is my job to get you the best award possible for pain and suffering. It is my job to explain that money damages should be awarded for pain and suffering because it is what is fair. I will explain to the jury that nothing can bring back your good health – money is the only tool we have to compensate you.
With your help, I will build the most effective claim for pain and suffering possible. I will tell the insurance company the unique circumstances of your case and I will weave a complete and detailed discussion of your personal experience and the full depth of your pain. If I cannot persuade the insurance company to offer a fair settlement, then I will move forward with a lawsuit and convince a jury to give you the monetary award you deserve.
Auto Accident Jury Verdict
Minnesota Lawyer, a legal publication, featured a jury verdict won by attorney Elliot Olsen in the paper’s “Verdicts & Settlements” section:
Injuries Alleged: Soft-tissue neck and low-back injuries
Jury Award: $87,441.44
Demand: $25,000
Highest Offer: $10,000
Plaintiff’s Attorney: Elliot Olsen, PritzkerLaw, Minneapolis, MN
Insurance Company: Progressive Ins. Co.
Case Number: 02-CV-07-3289
Court: Anoka County District Court
Judge: Hon. Kristen C. Larson
Date of Disposition: July 10, 2008
Plainfiff’s Expert: Dewayne Truhlsen, D.C.
Plaintiff’s Summary of the Case: This case involved a rear-end collision on Highway 8 in Chisago County. The plaintiff, who suffered soft tissue and low-back injuries, was transported from the scene by ambulance. Following the accident, the plaintiff did some physical therapy and then treated with multiple chiropractors over the next three years. He also had a 14-month lapse in treatment.The jury determined that the plaintiff suffered a permanent injury and a 60-day disability. It awarded $12,755.44 in past medical expenses ($7,532.95 was paid by no-fault); $15,000 for past pain and suffering; $20,000 for future pain and suffering; $34,000 for future medical for chiropractic care; and $5,686 for past and future loss of consortium.
