Minnesota is a no-fault insurance state ;after a Minnesota motor-vehicle accident, the applicable no-fault insurer is generally responsible for paying for its own insureds’ “basic economic loss.” This can include medical expenses, lost wages, or other reasonable and necessary expenses up to $40,000. This may include medical expenses and lost wages, among other things.
Because “basic economic loss” is paid by the no-fault insurance carrier regardless of fault, In MN folks who also want to assert a claim for pain and suffering must generally show a “serious injury” as that term is defined by law. A “serious injury” is a personal injury that results in:
- death;
- dismemberment;
- significant disfigurement;
- a fracture;
- loss of a fetus;
- permanent loss of use of a body organ, member, function or system;
- permanent consequential limitation of use of a body organ or member;
- significant limitation of use of a body function or system;
- or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
- $4000.00 or more in medical care and treatment.
While some of these categories require little explanation, others certainly do. For example, how does one differentiate a “significant limitation of use” from an insignificant one? This is obviously a factually sensitive issue, but fortunately some courts have identified guideposts. An experienced attorney can explain them.
The attorneys at Metro Law Offices. can help people assert claims for bodily injuries, including pain and suffering, after car accidents. This can include claims against the at-fault motorist and their insurance company, as well as claims with the injured person’s own insurance company in the case of an uninsured motorist (“UM”) or uninsured/underinsured motorist (“UM”) claim.
