Medical expenses, income loss, pain and suffering, disability, disfigurement and vehicle repair or replacement are some examples of damages that can arise from involvement in a car accident.
Questions that may arise include, will my insurance cover all of my costs, what happens if I cannot return to work, and can I receive any compensation for my damages?
There are two important terms to be aware of regarding Minnesota car accident compensation laws: no fault and modified comparative negligence.
In a no fault system, parties are required to first bring a claim against their own insurance company. The amount available will depend upon the individual policy.
Once those funds are used up, a party can bring a claim against another driver. Damages can be recovered even in the event the other party is an uninsured or underinsured motorist.
Modified comparative negligence permits only parties which are less than 50% at fault to recover damages. Damages are reduced by the percentage that you are determined to be at fault. For example, if you have 10,000.00 in damages, but found to be 40% at fault, you would be able to recover 60% or 6,000.00.
Insurance laws related to car accidents are complicated. Call Walker and Galili Law Offices at (612) 548-4453 today to schedule a free consultation regarding your car accident.
In Minnesota, wrongful death is defined as a death caused by a wrongful act or omission of any person or corporation. The wrongful act or omission may be an act of negligence, but may also be an intentional act.
A wrongful death civil suit may be brought whether or not a criminal case is proceeding.
Any of the following individuals may file a wrongful death suit in Minnesota: the surviving spouse, children, parents, grandparents, or siblings of the deceased individual.
In most cases, the statute of limitations, or deadline, to bring a suit is within three years of the date of the individual’s death.
Damages awarded for a wrongful death can include: funeral expenses, expenses to cover the individual’s final illness or injury, and losses suffered by surviving family members.
Losses suffered by surviving family members can range from tangible costs such as wages and benefits, to intangible losses including sorrow, loss of companionship, and mental anguish.
Dealing with a wrongful death is not only complicated legally, but also emotionally. We are here to help you during this difficult time. Contact Walker and Galili Law Offices today at (612) 548-4453 today to discuss your wrongful death case.
Slip and Fall
You are a cautious person. Through no fault of your own, you have fallen at a business or friend’s home, sustaining severe injuries. You may not be able to work for a period of time.
Your medical bills may be mounting, and you may no longer be able to participate in activities you once enjoyed. You may be wondering if you have any legal recourse to recover damages related to your slip and fall.
Determining liability in slip and fall cases can be complicated. Courts will need to decide whether “reasonable” care was taken to keep the property safe and clean.
Reasonableness will be determined by looking at factors such as: had the hazard existed long enough that the property owner should have known about it, does the property owner have a regular inspection schedule, and was there any warning or barrier in place to notify people of the hazard?
Carelessness of the individual is also considered by the Court. This is called comparative negligence.
Questions may be raised to determine comparative negligence such as: were you distracted, were you wearing appropriate footwear/attire, would a person being careful have noticed the hazard and have been able to avoid it, and were warnings in place that were ignored?
To recover damages, your percentage of fault must be less than that of the property owner and any other liable parties.