Minnesotans may be known for their memorable accents, the Miracle on Ice, and a pretty awesome State Fair, but if you were seriously injured in the Land of 10,000 Lakes, you will soon associate Minnesota with complicated damages caps and mystifying minimums. The information contained here is meant to give you a brief overview of Minnesota's laws regarding pain and suffering damages.
The table and accompanying explanations below outline important aspects of pain and suffering damages in Minnesota.
Statute of Limitations
· 6 months for no-fault claims, but this is not a hard deadline (Minn. Stat. § 65B.55)
· 2 years in most personal injury cases (Minn. Stat. § 541.07(1))
· 6 years in most personal property injury cases (Minn. Stat. § 541.05(4))
Limits on Damages
· As of 2016, $438,800 limit on pain and suffering damages in medical malpractice and product liability, except in more serious cases where the limit is $783,500—limits adjusted annually based on the CPI (M.C.L.A. § 600.1483)
· No pain and suffering for workers' compensation (MN Workers' Compensation Info Brief)
· No pain and suffering damages in certain injury or death claims (Minn. Stat. §3.738)
· No Fault Insurance minimums must first be exceeded in car accident claims (Minn. Stat. § 65B.44)
When Can I Recover Pain and Suffering Damages?
Are There Any Limits?
Yes. Minnesota has both minimum threshold which you must exceed before you may file a lawsuit to recover pain and suffering damages and, in certain cases, maximum amounts which the Court may award for pain and suffering.
"50% Bar Rule"
Minnesota uses a form of modified comparative negligence known as the "50% Bar Rule". As the name implies, injured parties who are 50% or more at fault for their own injuries are barred from recovering any damages.
Patient or Inmate Limitation
If you or a loved one was injured or if a loved one died while under the care of a state institution (such as a state-owned mental hospital), a veterans' hospital, or a state prison, if you bring your claim under Minn. Stat. §3.738, you will be unable to recover pain and suffering damages.
Minnesota's deadlines, also known as statutes of limitations, require that you file a lawsuit for personal injury claims within two years of the date of injury. For property damage, you must file a claim within six years. For car accident claims within the no fault limits, you should file within six months of the accident, but the deadline is not strict the way that the other deadlines are.
Get a Free Claim Review from a Minnesota Attorney
If you suffered injuries in an accident and suddenly Caribou Coffee is no longer comforting, or if the winter left you wounded and wailing after a store owner failed to warn you about an icy walkway, get a free claim review from an attorney experienced in obtaining pain and suffering damages in Minnesota.
Contact a qualified attorney.