Car wrecks are inconvenient and frustrating. If you have serious injuries, a wreck can change your life.
A Rochester car accident lawyer can guide you through the claims process and handle the complex legalities after a wreck. Our personal injury attorneys at Maschka Personal Injury have been helping injured people find peace and security for over 25 years. Based in Mankato but serving the surrounding areas, our firm has a long history in handling personal injury cases, and we will handle your case with compassion and determination.
The state has a no-fault system for car accident claims. As the owner of a registered motor vehicle, you are required to carry personal injury protection (PIP) coverage — a mandatory part of every auto insurance policy. PIP helps cover your medical expenses and a portion of your lost wages if you are injured in a crash.
You must first submit your claim to your PIP insurer. You may also be able to pursue a claim against the at-fault driver’s insurance or any other party whose negligence contributed to the crash, if your injury meets specific criteria. Known as a tort threshold, you may meet the threshold if your medical expenses exceed $4,000, you suffer a permanent injury or disfigurement, or you are disabled for at least 60 days. Fatal injuries will also meet the tort threshold, and the families of people killed in Rochester car wrecks can work with our attorneys to file a claim against the responsible parties.
If you opt out of the no-fault system, you must prove that another party’s negligence resulted in your injuries. A party is negligent if it owed a duty of care, breached its duty of care, and another party was harmed by that breach.
If another driver received a ticket after the accident, the reason for the citation could help prove negligence, though such evidence is not always admissible in court. Even with no ticket, our attorneys can prove a driver’s negligence caused your car collision in Rochester. We will review any available video of the accident, speak with witnesses, and subpoena evidence, such as cell phone or vehicle maintenance records, to gather evidence of negligence.
The other driver may not be the only party at fault in the collision. We may be able to bring a claim against a vehicle manufacturer if a defect is found to have contributed to the crash. Depending on the circumstances, other third parties also could have liability for your injuries.
Sometimes, the claimant may be partially responsible for the crash. According to Minnesota Statutes § 604.01, you can still bring a claim against other parties if your portion of the blame is less than that of the other party or parties. A court may adjust your compensation to reflect your degree of responsibility.
Even if you were partially at fault, we can work to reduce your liability and seek maximum compensation.
The compensation you obtain from a car accident claim is representative of the damages you sustained as a result of the crash. Our motor vehicle crash attorneys will work with you after a Rochester wreck to ensure you document your damages so we can support your claim with sufficient proof.
We can prove your economic damages with evidence like medical records, medical bills, employment records, tax returns, and invoices. We can prove your pain and suffering damages by showing how the injury caused a reduction in your quality of life.
The potential damages for pain and suffering are difficult to predict. Your age and activity level before the injury, your ability to earn a living post-injury, and the extent to which the injury impacts your daily activities are all factors in your non-economic damages.
A serious injury can disrupt your life in every way. Working with a Rochester car accident lawyer at Maschka Personal Injury can help you recover and return to your life with confidence. Initial consultations are free, so call us to schedule a meeting today.
