Minnesota is a no-fault insurance coverage state, which means that you only need to prove you were damaged to make a legal claim, but will also need to claim that another party is liable to sue for damages.
Four types of proof are required in court for such liability claims against someone else you believe to be guilty of causing the accident. Note that this is not the same as making insurance claims.
If you are the victim of a motor vehicle accident and you need a personal injury attorney, here is everything you need to make a claim.
1. Fault or Negligence
First, you will have to prove that the driver who caused the accident was negligent. There are many ways that one can find proof of negligence, including:
- Identifying the cause of the accident. For instance, including proof that the driver was unreasonably distracted while texting.
- Driving through a red light or disobeying other traffic signals
The collection of this type of evidence will include records of the collision site, like photographs or videos, or a record that emergency services or the insurance providers received a call at the time of the accident.
If you can prove that the accident would not have occurred were it not for misconduct, then that driver will be liable for the collision. This evidence is necessary to make a claim against another individual for the expenses and trauma associated with the damages.
You can also obtain evidence that the driver who caused the collision caused the damages. The requirement is more than proving that the driver caused what happened and that you are not also at fault. You must show the other driver is solely liable for the injury you suffered.
You will need a written record from your physician to prove this in most cases.
Proof might include medical records of mental health or evidence that any medical afflictions you may face would not cause you to act in a way that led to a collision and injury.
If you crossed the street without a greenlight or crosswalk, for example, or were not walking along the sidewalk, you may have caused the accident, so proving you were acting within the bounds of local regulation may be needed. It is not enough to show that the perpetrator is negligent. You must show that you did not contribute to the collision in a way that would put any fault on you.
3. Tort Threshold
A tort threshold is necessary for a no-fault state such as Minnesota because you need to prove that there was a significant level of damage.
Though you can make compensatory claims no matter what, you will need proof that your damages exceeded the limits to make additional claims.
This will include:
- Exceeding $4,000 for medical services
- Disability causing loss of more than 60 workdays
- Permanent injury
These instances will require a medical record to make claims past the monetary limit.
The tort threshold may include things like “reasonable medical expenses“, which must be determined in a legal preceding. In this case, speaking to a legal expert and a medical expert will be necessary.
Records of the damages will include proof of the expenses already incurred and information on how you will suffer in the future – including from physical and mental trauma. This amount is based on several different calculated factors.
For instance, once you can show that your damages have exceeded the tort threshold, you can sue for more money based on
- Procedures and medications you will still need from the accident
- Mental trauma and its associated costs
- Loss of earnings as a result of the injury
Once These Forms of Proof Are Attained
No one should have to face a motor vehicle liability claim alone. If you are ready to work with an experienced legal expert about your Minnesota motor vehicle liability claim, contact Mottaz & Sisk Injury Law today.