How can the Law Office of Martin T. Montilino assist accident victims in Elgin Minnesota with loss recovery?
Experienced Elgin MN accident attorneys at the Law Office of Martin T. Montilino can assist accident victims with legal action after an accident results in personal injury, property damage and/or the loss of life. State laws provide for payment, or indemnity when an injured party is not at fault, referred to as “damages. Elgin MN Accident lawyers are familiar with an insurance company’s desire to close out claims quickly. It is important to consult with an attorney shortly after an accident results in property damage, bodily injury, or death, before an insurance company attempts to offer a limited settlement amount. Injury lawyers in Elgin Minnesota have valuable resources to support a case by:
- Sending investigators to the accident scene
- Reviewing police reports, witness testimony and medical records
- Hiring appropriate financial personnel to make valuations of loss
- Researching supporting case law
- Supporting victim’s rights against aggressive insurance companies
- Drafting and filing complicated insurance and legal documents
In many cases, accident victims in Elgin MN are left with expensive property damage replacement, or physical injury and future economic loss that requires assistance from Elgin Minnesota injury lawyers toward the recovery of a comprehensive financial award.
Recoverable accident damages.
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. A Elgin MN injury lawyer can assess and estimate fiscal losses meant to address general and special damages. Special economic damages may include present and future lost wages, present and future medical therapies, residual medical bills, and household expenses, while general non-economic damages may include pain and suffering, mental anguish and loss of consortium, or companionship.
Punitive damages.
Minnesota law allows punitive damages that are meant to punish a defendant for egregiously bad conduct toward a plaintiff, and also to deter others contemplating similar behavior. Punitive damages shall be allowed in civil actions, only when clear and convincing evidence is provided by a skilled injury attorney illustrating deliberate disregard for the rights, or safety of the accident victim. There are no caps on damages in Minnesota.
What types of accidents in Elgin Minnesota result in legal action toward fiscal recovery?
Workers’ compensation, personal injury, premises liability, medical malpractice, truck, bus, motorcycle and car accidents in Elgin Minnesota are at the core of legal action in pursuit of economic, and non-economic damages, plus punitive damages in specific situations. Elgin MN car accident attorneys can be instrumental in comprehensive insurance claim recovery and litigation when warranted. Minnesota statutes outline personal injury actions for injuries caused by negligence, or misconduct must be filed within three years in most cases. A Minnesota personal injury attorney can inform a claimant of deviations of filing timelines.
Motor vehicle accidents in Elgin MN.
When individuals are injured in motor vehicle accidents in the State of Minnesota, where 381 related deaths occurred in 2018, accident victims may have questions about how the laws will affect property damage and personal injury claims. An experienced car accident lawyer in Elgin Minnesota understands with the intricacies of a complex accident case that may have criminal components for reckless driving, distracted driving, or driving under the influence, which may affect insurance coverages, degrees of fault and the severity of the accident damages toward a timely award. Minnesota is a comparative fault state and damages allowed must be reduced in proportion to the amount of fault assigned to each party. Minnesota’s no fault insurance allows for personal injury protection (PIP) coverages to pay certain accident losses, regardless of fault.
Experienced truck accident lawyers in Minnesota can readily identify additional parties to an accident claim, including a trucking company, mechanic, or manufacturer of a truck and/or its parts. They can determine if mediation, arbitration, or going to trial will yield the best result to cover the losses and harm suffered by the accident victim. Truck accident attorneys have a professional understanding of the trucking industry, federal carrier regulations and state laws that direct truck driver actions that may have contributed to an accident. Damages tend to be higher due to the size discrepancy of a large truck yielding catastrophic and permanent injury that may be life altering for victims and their loved ones.
Medical malpractice.
Minnesota medical malpractice actions occur when a person becomes injured while being treated by a practicing health care provider. The statute of limitations is 4 years from the date of the medical malpractice injury, unless wrongful death occurs changing the time to file to 3 years from the date of death, but no more than 4 years from the date of the injury. A personal injury attorney experienced with medical malpractice claims will monitor all appropriate timelines outlined by state laws.
Workers’ compensation in Elgin Minnesota.
Elgin workers compensation lawyers can work within Minnesota Workers’ Compensation Commission’s detailed claims processes for clients who are injured on the job, or contract job-related illnesses necessitating a workers’ compensation claim for monetary damages. Injuries may be caused by an accident, or a medical condition that develops over time caused by repetitious use of a body part, or a hazardous workplace environment.
Wrongful death in Elgin MN.
In Minnesota, family members, or legal representatives must file a wrongful death claim within three years from the date of the death caused by the negligent, reckless, or deliberate act of another. Elgin MN wrongful death attorneys can prove useful in the assessment of damages, to be awarded to the beneficiaries proportioned to the injury resulting from the wrongful death. Wrongful death attorneys in Elgin Minnesota must provide evidence to support the amount of damages requested, which shall be divided among the beneficiaries in shares directed by the verdict.
Legal action after an accident.
Minnesota accident victims do not have to deal directly with insurance companies toward the resolution of damages. Experienced personal injury lawyers at the Law Offices of Martin T. Montilino will carry that weight, saving time and reducing stress for accident victims as they recover from any negative impacts of an accident in Minnesota.
THE LAW OFFICE OF MARTIN T. MONTILINO, LLC
3109 Hennepin Avenue South
Minneapolis, MN 55408
Phone: (612) 236-1320
Email: martin@uptownlawyer.com
Sources.
https://www.iihs.org/topics/fatality-statistics/detail/state-by-state
https://www.revisor.mn.gov/statutes/cite/65B.44
https://www.revisor.mn.gov/statutes/cite/549.20
https://www.revisor.mn.gov/statutes/cite/604.01
https://www.revisor.mn.gov/statutes/cite/573.02
https://www.dli.mn.gov/business/workers-compensation/work-comp-claim-process
https://www.revisor.mn.gov/statutes/cite/541.07