What Do I Have To Prove To Sue Someone For A Car Accident In Minnesota?

What do I have to prove to sue someone for a car accident in Minnesota?

Minnesota has adopted a law known as no-fault that affects many aspects of car accidents in Minnesota. One of these is the requirement that a person involved in a car accident in Minnesota must meet certain thresholds before they are allowed to bring a claim for personal damages such as pain and suffering against another driver. This was done to make sure that only people with serious injuries could bring a claim for their injuries.

So what are these thresholds? The thresholds include:

Suffering a permanent injury, or

Having medical expenses in excess of $4,000, or

Suffering from a disability for 60 days or more, or

Sustaining a permanent disfigurement, or

Death.

If you do not meet one of the above thresholds you can not bring a claim for personal injury against the other driver. You do not need to meet more than one of the thresholds to bring a claim for pain and suffering.

But what do each of these terms mean? The question of what is a permanent injury, what is a disability and what medical expenses qualify for the $4,000 limit are questions that often need to be answered by a qualified attorney looking at a particular situation.

In general, the following meanings apply to the individual thresholds.

A permanent injury is an injury that is not likely to ever go away.
All medical expense count toward the $4,000 threshold except for diagnostic x-rays and treatment for rehabilitation.
The 60 day disability applies if you are unable to do substantially all of your everyday activities. The 60 days need not be consecutive days.
A permanent disfigurement is a scar that is visible.

You do not need to meet any particular threshold immediately after the accident if you can show that you will ultimately meet one of the thresholds.

Todd A. Johnson is a board certified civil trial specialist certified by the Minnesota State Bar Association. He can be reached through the website http://www.johnsonbannon.com

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