Attorney Paul Sortland has practiced independently in Minneapolis, Minnesota, since 1993. Paul Sortland offers representation for legal malpractice, business, and personal injury cases.
Because Minnesota follows the no-fault system of automobile insurance, a person who has suffered an injury in an accident must first turn to his or her own insurer for compensation. An injured party may only step outside of the no-fault system and file a liability claim or lawsuit if the injury resulted in permanent disfigurement, a period of disability lasting 60 days or more, or medical expenses exceeding $4,000.
A person wishing to file a lawsuit must do so within two years of the accident to request damages for physical injury. In the event of property damage alone, the claimant has six years in which to file.
Damages available to a claimant may be economic or non-economic. The former includes lost wages, medical expenses, and vehicle repair, while the latter covers such personal accident outcomes as emotional distress and physical pain.
Minnesota courts award damages based on the modified comparative negligence rule. This means that when fault is divided between two parties, a claimant may only receive damages if he or she is 50 percent at fault or less.
Should the claimant carry any fault for the accident, the court will reduce damages by his or her fault percentage. For example, if a driver who was 20 percent at fault for an accident receives a $100,000 award, he or she will only receive $80,000 in damages after the subtraction of $20,000, or 20 percent..
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