How to Tell If You Have a Personal Injury Claim
A personal injury claim allows you to seek financial compensation when
you are injured or otherwise harmed due to the careless, negligent, or
wrongful actions or inactions of another. As the person bringing the claim
(known as the “plaintiff”), you have the burden of proof.
This simply means that you are the one who must prove your case against
the other party (known as the “defendant”).
It is possible to bring personal injury claims against individual people,
property owners, businesses, corporations, municipal entities, governments,
and any other party considered legally liable. However, to have a case,
there are several things you must prove.
To have grounds for a personal injury case in Minnesota, you must typically
prove each of the following elements:
- The defendant had a legal responsibility to act with care and prevent causing
you foreseeable injury (“duty of care”)
- The defendant failed to act with reasonable care to prevent foreseeable
injury and/or was negligent or acted wrongfully (“breach”)
- You were injured and suffered measurable damages, such as medical expenses,
lost wages, pain and suffering, and/or diminished enjoyment of life (“injury”)
- The defendant’s negligent or wrongful actions or inactions were the
direct or proximate cause of your injuries and resulting damages (“causation”)
In some cases, you may not have to prove each of these elements to have
a personal injury case. For example, in cases brought on the grounds of
strict liability, including many product liability claims, you only need
to show that you were injured, and the defendant is strictly liable under
the applicable laws.
In other cases, you may not be eligible to file a personal injury lawsuit
unless you meet additional requirements. For example, because Minnesota
follows a no-fault car insurance system, you do not need to prove that
someone else was negligent to recover compensation through your own personal
injury protection (PIP) coverage. However, if you wish to go outside the
no-fault system and sue the at-fault driver, you will need to not only
prove that they were the one to blame for the accident but also that your
injuries meet the state’s “serious injury” threshold
and/or your medical expenses exceeded $4,000.
At Lowe Law Group, we can review the details of your situation and determine
with you have grounds for a personal injury lawsuit. We leave no stone
unturned in our pursuit of maximum compensation for our clients.
How Lowe Law Group Can Help
Our personal injury attorneys in Duluth are here to guide you through every
step of the legal process.
We have a long history of successfully representing clients in St. Louis
County and all of Minnesota in highly complex cases, including those involving:
- Car accidents
- Motorcycle crashes
- Truck collisions
- Slip and falls
- Bus accidents
- Bicycle accidents
- Uber and Lyft accidents
- Pedestrian accidents
- Defective products
- Dangerous drugs
- Dog bites and attacks
- Nursing home negligence
We also represent families and surviving loved ones of those wrongfully
killed in tragic accidents or due to the intentional misconduct of others.
In every instance, we are dedicated to securing the justice you deserve,
along with the full financial compensation you are owed.
Our team is prepared to handle every legal detail of your case. We utilize
our extensive resources to build powerful, evidence-based claims and are
not afraid to take your case to court if necessary. We recognize that
many people are hesitant to hire law firms after an accident, fearing
that doing so will be just another expense. However, at Lowe Law Group,
we provide all of our legal services on a contingency fee basis. This
means that you do not pay anything upfront or out of pocket when you work
with our firm. Instead, we only collect legal fees if/when we win your case.
