The answer to this question depends on the particular facts and circumstances of your case. If you were not injured in the car accident but suffered damages to your vehicle as a result of the accident, you may be able to bring a claim for those damages. Contacting the experienced Minneapolis attorneys at Hoglund Law is always a great first step in evaluating your case.
What Non-Medical Damages Can I Sue For?
It is possible to sue for non-medical damages. If you decide you would like to file a claim, you can recover damages including, but not limited to the following:
Property Damage – You can recover damages for any property damage caused by the accident. This might include damage to your car, or any other personal property that was damaged in the accident.
Mental Anguish – You can recover damages for any mental anguish caused by the accident. This includes things like nightmares, insomnia, or loss of enjoyment of life.
Punitive Damages – In some cases, you may also be able to recover punitive damages, which are designed to punish the at-fault driver for particularly careless or egregious conduct.
How To File a Car Accident Claim with Insurance Company
The first step in filing a car accident claim is to notify your insurance company that you have been in an accident. You should do this as soon as possible after the accident occurs. Your insurance company will then open up a file for your claim and assign an adjuster to investigate the accident.
The insurance adjuster’s job is to determine who was at fault for the accident and how much the insurance company should pay for the damages. The insurance adjuster will also determine whether your policy provides coverage for your damages.
Secondly, the insurance adjuster will likely contact you soon after you notify the company about the accident. It is important that you do not give a recorded statement to the insurance adjuster without first consulting with an experienced Minneapolis car accident attorney.
You should also avoid signing any release forms that the insurance company will send you. These forms will likely release the insurance company from all liability in exchange for a settlement check. You could be waiving your right to sue the at-fault driver for additional compensation if you sign one of these forms.
What Should I Do After a Car Accident If I May Want to Sue?
If you were involved in a car accident and think that you may want to sue the at-fault driver, it is important that you take some specific steps in order to preserve your claim. First, you should make sure to get the contact information for all parties involved in the accident, as well as any witnesses. It is also important that you take photos of the scene of the accident, as well as any damage to your vehicle. You should also seek medical attention, even if you do not think that you were injured. Some injuries, such as whiplash, may not be immediately apparent. Finally, you should contact an experienced Minneapolis car accident attorney who can evaluate your claim and advise you further.
How Does an Attorney File a Lawsuit After a Car Crash?
If you decide to pursue a personal injury claim, your attorney will first send a demand letter to the responsible party (or their insurance company). This letter will outline your injuries and damages, as well as provide a specific amount of money that you are requesting in compensation. If the responsible party does not agree to this amount, your attorney may file a personal injury lawsuit on your behalf.
What are the Steps in a Personal Injury Lawsuit?
The first step in a personal injury lawsuit is usually the filing of the complaint, which is a document that formally starts the lawsuit and states the specific claims that you are making against the responsible party. After the complaint has been filed, the process of “discovery” begins. During discovery, both sides will have the opportunity to request information and documents from the other side that will help them build their case. This may include depositions (testimony given under oath), interrogatories (written questions that must be answered under oath), and requests for production of documents.
Once discovery is completed, the case will usually go to trial. However, in many cases the parties will reach a settlement before the case goes to trial. If you do not reach a settlement and the case goes to trial, a judge or jury will hear evidence from both sides and decide whether the defendant is liable for your damages.
If you are successful in your lawsuit, the court will enter a judgment in your favor. The judgment will state the amount of money you are entitled to receive from the defendant. In some cases, the court may also order the defendant to take some other action, such as repairing your car or returning property that was taken from you.
What is the Statute of Limitations for Filing a Lawsuit?
The statute of limitations is the deadline by which you must file a lawsuit. In Minnesota, the statute of limitations for most personal injury claims is two years from the date of the incident. This means that you have two years from the date of the accident to file a lawsuit against the negligent party. If you don’t, you will likely be barred from doing so.
Exceptions to the Minnesota Personal Injury Statute of Limitations
There are a few exceptions to the general two-year statute of limitations for personal injury claims in Minnesota. If you are filing a claim against a government entity, you must give notice of your claim within 180 days and file your lawsuit within two years of the date of the incident. If you are filing a wrongful death claim, you have three years.
If you are a minor, you have until your 20th birthday to file a personal injury claim in Minnesota. If you are filing on behalf of an incapacitated person, there is no time limit to file a claim.
Also, if you were injured as a result of medical malpractice, you have only six years from the date of the incident to file a lawsuit. If you’re not sure whether or not your claim falls under one of these exceptions, you should speak with an experienced Minneapolis personal injury attorney who can advise you.
To learn more about what damages you may be entitled to recover, please contact the experienced Minneapolis car accident attorneys at Hoglund Law. We offer free initial consultations, and we would be happy to answer your questions. Call us today at 612-499-7855 to get started.