Pain and Suffering Damages in Minnesota
Minnesotans may be known for their memorable accents, the Miracle on Ice, and a pretty awesome State Fair, but if you were seriously injured in the Land of 10,000 Lakes, you will soon associate Minnesota with complicated damages caps and mystifying minimums. The information contained here is meant to give you a brief overview of Minnesota's laws regarding pain and suffering damages.
The table and accompanying explanations below outline important aspects of pain and suffering damages in Minnesota.
Statute of Limitations
Limits on Damages
Typically, pain and suffering damages compensate you for any mental or physical pain and suffering, loss of companionship, inconvenience, scarring, disfigurement, or emotional distress.
When Can I Recover Pain and Suffering Damages?
Most serious injuries, whether the result of a car accident, a slip and fall, a not-so-neighborly pet bite, or some other kind of accident, entitle you to pain and suffering damages.
Are There Any Limits?
Yes. Minnesota has both minimum threshold which you must exceed before you may file a lawsuit to recover pain and suffering damages and, in certain cases, maximum amounts which the Court may award for pain and suffering.
Minnesota is one of the few states which uses the "no-fault" system to pay for car accident injuries. For more information on no-fault law, read about Minnesota car accident compensation laws.
"50% Bar Rule"
Minnesota uses a form of modified comparative negligence known as the "50% Bar Rule". As the name implies, injured parties who are 50% or more at fault for their own injuries are barred from recovering any damages.
Patient or Inmate Limitation
If you or a loved one was injured or if a loved one died while under the care of a state institution (such as a state-owned mental hospital), a veterans' hospital, or a state prison, if you bring your claim under Minn. Stat. §3.738, you will be unable to recover pain and suffering damages.
Minnesota's deadlines, also known as statutes of limitations, require that you file a lawsuit for personal injury claims within two years of the date of injury. For property damage, you must file a claim within six years. For car accident claims within the no fault limits, you should file within six months of the accident, but the deadline is not strict the way that the other deadlines are.
Learn More About Pain and Suffering Damages in Minnesota: Speak to an Attorney
If you suffered injuries in an accident and suddenly Caribou Coffee is no longer comforting, or if the winter left you wounded and wailing after a store owner failed to warn you about an icy walkway, it's a good idea to speak with a local personal injury attorney to discuss what happened and find out your legal options.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.