A personal injury claim describes an insurance claim, while a personal injury lawsuit is a case that goes to trial. The vast majority (90%-95%) of cases are injury insurance claims. They successfully settle between the injured party and the insurance claims adjuster without needing to go to court. The goal of a personal injury claim in Minnesota is to make someone injured by negligence whole again. The legal definition of negligence is made up of four main elements.
A duty of care owed. A legal or ethical responsibility to ensure the safety of others based on the circumstances.
A duty of care breached. An act or omission that makes the offending party (the defendant) fail to fulfill the duty of care.
Causation for the accident. A provable link between the defendant’s wrongful act and the injured party’s (plaintiff’s) accident.
Damages suffered. Real, compensable losses suffered by the plaintiff. These can include injuries, property damage, lost wages, and pain and suffering.
If you or your St. Cloud personal injury lawyer can provide enough evidence of these four elements, you will have a valid injury claim against a defendant in St. Cloud. The defendant will have to pay for your losses through Minnesota's personal injury laws if you win your case. To bring a successful personal injury claim and recover the financial compensation needed to restore what was lost, you may need help from a lawyer.