If you were hurt in an accident resulting from another party’s reckless or careless actions, you could be entitled to compensation. The law holds negligent parties responsible for the harm they do to other people.
A Bloomington personal injury lawyer could investigate the circumstances of your injury and explain the options available to you under the law. With the aid of a capable legal professional from BK Law Group, you could receive damages that compensate you for all your injury-related losses.
Negligence is failing to use a reasonable degree of care to protect others from injury. In Bloomington, when a personal injury attorney proves a party’s negligence, that party is responsible for paying damages to anyone injured because of their conduct.
Preventable accidents are always the result of someone’s negligence. A diligent attorney could bring a lawsuit seeking compensation for people injured due to:
If the claimant bears some blame for the accident that caused their injury, the law still allows them to seek damages from other negligent parties. However, a judge will reduce the amount they collect by a percentage that reflects their degree of fault. A claimant who is primarily responsible for an accident cannot collect damages.
Once a claimant demonstrates that another party’s negligence caused their injuries, they must prove their damages. Damages are the losses the claimant suffered due to the accident. A Bloomington attorney could produce invoices, receipts, tax returns, personnel records, expert opinions, and testimony from the claimant and their loved ones as evidence in support of their personal injury claim.
Many states put an upper limit or cap on the amount of a claimant’s damages award, but Minnesota does not. Bloomington juries may award a claimant as much as they see fit under the circumstances.
Out-of-pocket expenses and other documentable losses are called special damages or economic damages. Medically necessary healthcare expenses including ongoing and future treatment, psychological counseling, lost wages, and any reduction in a claimant’s earning potential due to the injury could be included in economic damages. These damages also could cover ancillary medical expenses, incidental outlays, home healthcare, and the cost of personal services for tasks the injured party can no longer perform or carry out themselves.
An injured party could collect general damages or non-economic damages for the injury’s impact on their quality of life. Specifically, a claimant could seek general damages for lost opportunities, physical pain, disability, lost enjoyment of life, emotional suffering, disfigurement, unjust hardship, and loss of consortium.
Minnesota Statute §549.20 allows a claimant to seek punitive damages in some cases. The claimant must prove that the liable party caused their injury through conduct that demonstrated a knowing disregard for others’ safety. Although punitive damages are not available in most personal injury cases, courts can award them when the negligent party’s actions were especially egregious.
In general, parties seeking damages for personal injuries must file a lawsuit within two years of the accident date. However, they have four years to file if the injury resulted from medical malpractice.
When the state or a local government is potentially liable, an injured person must file a notice of claim within 180 days of the accident that caused their injury. A government body might be liable if the accident happened on public property or if a government employee was involved. A Bloomington attorney could assess an accident to determine the legally responsible parties and initiate a personal injury claim within the required timeframe.
Consulting a legal professional as soon as possible after an accident is the most prudent course of action. A knowledgeable lawyer could communicate with liable parties’ insurers, manage the claims process, and pursue fair compensation via a settlement or civil suit.
If you suffered injuries in an accident that was not your fault, you have a legal right to compensation. Sadly, insurance companies often take advantage of injured people and pay them much less than they deserve.
A Bloomington personal injury lawyer could demand the negligent parties pay for all the losses their wrongful conduct caused you. Schedule a free consultation today to get started.