Damage to Your Vehicle
When your car is damaged in an accident, your insurance company will pay to repair the damage or, if the car is totaled, will pay the replacement cost. As part of our service to our car accident clients, we help them obtain full and fair value for their car damage.
Minnesota No-Fault Benefits
Because Minnesota is a no-fault state, accident victims are compensated for some basic economic losses, even if they are at fault. According to the Minnesota No-Fault Automobile Insurance Act (Minn. Stat., Sec. 65B.41), insurance companies covering automobile accidents in Minnesota must “provide for a minimum of $40,000 for loss arising out of the injury of any one person, consisting of: (1) $20,000 for medical expense loss arising out of injury to any one person; and (2) a total of $20,000 for income loss, replacement services loss, funeral expense loss [$2,000 limit], survivor’s economic loss, and survivor’s replacement services loss arising out of the injury to any one person” (Minn. Stat. Sec. 65B.44(a)).
The most a car accident victim can recover under Minnesota no-fault is $40,000. This is minimum coverage. You may have paid for additional coverage. Also, if your losses are over these amounts, and you were less than 50% at fault for the accident, you may seek compensation for economic losses from the at-fault driver(s), the owner of the at-fault vehicle(s) and their insurance companies.
Read more about Minnesota no-fault insurance coverage >>
Pain and Suffering
The injured party in a personal injury claim is entitled to monetary compensation for what is known as pain and suffering. If your case goes to trial, a jury will typically be asked to consider an award of past pain and suffering and future pain and suffering. In most states, including Minnesota, that jury is typically instructed something like this:
Items of past or future damages for bodily and mental harm:
Any pain, disability, disfigurement, embarrassment, or emotional distress that the plaintiff has experienced up to the time of your verdict or will experience in the future.
It is difficult to put an exact value on these items that are not necessarily decided on a daily or hourly basis. You should consider:
- The type, extent, and severity of the injuries;
- How painful the injuries were;
- The treatment and pain involved in that treatment;
- The length of time the injury or harm lasted;
- Any other factors you think are relevant.
